96-395 F
Updated September 19, 1997
CRS Report for Congress
Received through the CRS Web
World Heritage Convention
and U.S. National Parks
Lois McHugh
Analyst in International Relations
Foreign Affairs and National Defense Division
Summary
During the 105 Congress, the House considered H.R. 901, legislation which woul
th
d
give Congress a role in designating any new U.S. national parks and monuments of worl d
significance added to the World Heritage List, a UNESCO administered list estab lished
by the 1972 World Heritage Convention. Sponsors of the bill are concerned tha t
designation of a U.S. site to the U.N. list, which is currently done under Executiv e
Branch authority, does not protect the rights of private property owners or the States .
The Administration and opponents of the bill argue that the designation has no affect o n
property rights and does not provide the United Nations with any legal authority over
U.S. territory. H.R. 901 passed the House on October 8, 1997. This paper describes th e
operation of the UNESCO Convention and H.R. 901. It will be updated as th e
legislation progresses through the House and Senate. Similar language concerning the
UNESCO Man and the Biosphere Program has become law. For information on tha t
legislation, see CRS Report 96-517 ENR, Biosphere Reserves: Fact Sheet.
There are currently 469 natural and cultural sites from around the world listed on th e
World Heritage List established under the World Heritage Convention. Twenty U.S. site s
are listed, including Yellowstone and Grand Canyon Natio nal Parks, Independence Hall,
and the Statue of Liberty. The World Heritage in Danger list currently has 18 site s
worldwide, including Yellowstone National Park and Everglades National Park. The 1980
National Historic Preservation Act of 1980 establishes the Interior Department as th e
administra tor and coordinator of U.S. activities under the Convention. H.R. 901, th e
American Land Sovereignty Act would place restrictions on Interior's authority t o
nominate new sites and require specific Congressional authorization for new nominations .
About the Convention
The Convention Concerning the Protection of the World Cultural and Natura l
Heritage (World Heritage Convention) was adopted by the General Conference o f
UNESCO in 1972. The United States initiated and led the development o f the treaty and
Congressional Research Service ˜ The Library of Congress

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was the first nation to ratify it in 1973. The Convention now has 146 parties. Th e
Convention's purpose is to identify and list worldwide natural and cultural sites an d
monuments considered to be of such exceptional interest and such universal value tha t
their protection is the responsibility of all mankind. Each country adopting the Conventio n
pledges to protect listed sites and monuments within its borders and refrain from activitie s
which harm World Heritage sites in other countries. The international community agree s
to help protect them through the World Heritage Committee and Fund.
World Heritage Committee
The World Heritage Committee, composed of 21 specialists from member nations
elected for 6-year terms, administers the Convention. (The United States will be a membe r
of the Committee until 1999). The Committee has two principal tasks. First, it select s
sites nominated by member states to be included on the World Heritage List, based on th e
criteria established by the Committee. Decisions are generally made by consensus .
UNESCO provides administrative assistance to the Committee but has no role in it s
decisions. The Committee monitors the sites and when a site is seriously endangered, it
may be put on a List of World Heritage in Danger. In 1992, the Committee adopted a plan
to improve its operations, including an increased focus on monitoring conditions a t
existing sites rather than adding new sites to the List.
The Committee also administers the World Heritage Fund, which provides technica l
and financial aid to countries requesting assistance. Assist ance can include such support
as expert studies, training, and equipment for protection. The World Heritage Fun d
receives income from several sources. Member states pay dues equal to 1 percent of their
UNESCO contribution. The United States is not a member of UNESCO. The Fund also
receives voluntary contributions from Governments, donations from institutions ,
individuals, and from national or international promoti onal activities. The United States
contributed $450,000 to this program in FY1997, an amount appropriated in the Foreign
Operations Appropriation. Virtually no other U.S. money was contributed to this program .
U.S. Participation
The National Park Service is the primary U.S. contact for World Heritage sites in the
United States. The National Historic Preservation Act Amendment of 1980 (P.L. 96-515 )
charges the Depart ment of Interior with coordinating and directing U.S. activities under
the Convention, in cooperation with the Departments of State, Commerce, Agriculture,
the Smithsonian Institution and the Advisory Council on Historic Preservation. Th e
National Park Service administers all the U.S. sites with funds appropriated by Con gress,
except for several that are owned by states, a foundation, and an Indian tribe.
American Land Sovereignty Protection Act, 1997
H.R. 901 was introduced on February 27, 1997 by Representative Don Young ,
chairman of the House Committee on Resources and has 175 cosponsors. The legislatio n
amends the National Historic Preservation Act Amendments of 1980 (P.L. 96-515) t o
require a determination by the Interior Department that the designation of a new site will
not adversely affect private land within ten miles of the site, a report to Congress on the
impact of the designation on existing and future uses of th e land and surrounding private

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land, and specific authorization for new Heritage site designations. The bill places severa l
other prohibitions and reporting requirements on the Department of the Interior and the
federal government. It passed the House on October 8, 1997 by a vote of 236 to 191. In
addition, on July 15, 1997, the Hou se adopted an amendment to the Interior Department
Appropriations bill (H.R. 2107) introduced by Representative Coburn which prohibits th e
Interior Department from funding the UNESCO "Man and the Biosphere" program and
any similar programs . Similar
1
language was included in the House passed version of th e
Foreign Relations authorization bill. The bill focuses primarily on the UNESCO "Man an d
the Biosphere" Program, but World Heritage sites would likely be included in th e
prohibition. No similar language is included in the companion Senate bills. In commentin g
on the bill, the Administration stated that UNESCO programs do not give the Unite d
Nations the authority to affect land management decisions within the United States and
have not been utilized to exclude Congress from land management decisions.
Issues for Congress
Impact of the Convention on U.S. Sovereignty
Member countries nominate sites fo r the World Heritage List voluntarily and agree
to develop laws and procedures to ensure protection. In some cases, Governments may
provide a buffer zone to protect the sites. The Convention has no role or authority beyon d
listing sites and offering technical advice and assistance. Wor ld Heritage Fund technical
assistance must b e requested by a member country in an agreement with the Committee
which sets conditions for the assistance.
Impact of Placement on the World Heritage List
Inclusion on the World Heritage List increases knowledge and interest in site s
throughout the world. It also brings international attention and support to protec t
endangere d sites. In 1993, the World Heritage Committee supported the United State s
in protecting Glacier Bay National Park and Preserve by publicizing U.S. concerns about
a Canadian open pit mine near the Bay and reminding the Canadian government of it s
obligations under the Convention to protect the site. In 1996, international concern ,
including concern raised by U.S. citizens, was instrumental in changing the plans of a
Polish company to build a shopping center near Auschwitz Concentration Camp in Poland,
a World Heritage Site.
Yellowstone National Park
In June 1995, the U.S. Department of the Interior notified the World Heritag e
Committee that Yellowstone was in danger and requested an on-site visit. A tea m
organized by the World Heritage Center reviewed actual and potential threats to the par k.
In December 1995, based on this visit, the World Heritage Committee placed Yellowston e
1 For information on the Man and the Biosphere program, see CRS Report 96-517, Biosphere
Reserves: Fact Sheet
.

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on the List of World Heritage in Danger, citing threats posed by plans for a gold mine jus t
over 1 mile from the Park, the introduction of non-native fish into Yellowstone Lake, an d
activities to eliminate brucellosis fr om Park bison herds. The Committee noted that any
response to the threat was a U.S. domestic decision and asked to be kept informed o f
actions being taken by the United States. Both the gold mine and the situation of the Par k
bison herds are the subject of ongoing federal, state, and local discussions.