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One of the big questions that people have about National Heritage Areas is, "Does designation affect private property rights?" The answer is "No." Designation of a National Heritage Area does not involve Federal regulation of private property use. A recent published study by the U.S. Government Accounting Office, which included consultations with six private property rights advocacy groups, did not find a single case of a National Heritage Area affecting private property uses or values (positively or negatively) in any of the 24 existing National Heritage Areas. Some important points on this issue include:
- National Heritage Areas are not parks, and are under no federal regulatory authority.
- No zoning changes result from designation of a National Heritage Area.
- The Federal funding and local funding used to match it cannot be spent on property acquisition.
- National Heritage Areas do not designate, acquire, or own lands for conservation; any conservation of resources on private lands is voluntary.
- Owners of private property located within its boundaries are not required to participate in, or be associated with, a National Heritage Area.
- Private property owners within National Heritage Areas are not required to permit public access (including Federal, State, or local government access).
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Ranchers concerned about whether this federal designation will affect them should know that ranching is actually one of the centerpieces of the designation. National Heritage Areas celebrate "working landscapes" and traditional land uses, and ranching has been one of the major land uses in the Santa Cruz Valley since the missionary Father Kino introduced cattle to the region in the year 1697. The working ranches in this region represent many generations of land management knowledge, and the new National Heritage Area will recognize that expertise and the fact that continued grazing protects open spaces.
National Heritage Areas recognize the importance of private lands, and that property owners are the primary planners of land use. National Heritage Areas provide funding and other resources, not regulations and red tape, to help communities and private landowners achieve their own stewardship goals. The coalition of stakeholders in Santa Cruz Valley National Heritage Area will work together to develop those resources, and to make them available for voluntary conservation efforts.
Jonathan Mabry, 4-12-04
Center for Desert Archaeology
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