96-395 F
Updated February 14, 2000
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, Defense, and Trade Division
Summary
On November 29, 1999, the President signed P.L. 106-113, making consolidated
appropriations for FY2000. This law incorporated the provisions of H.R. 3422 which,
in section 590, prohibited the funds in this act from being provided for the U.N. World
Heritage Fund for programs in the United States. On May 20, 1999, the House passed
(by voice vote) the American Land Sovereignty Protection Act (H.R. 883), which
requires congressional approval to add any additional U.S. national parks and
monuments to the World Heritage List, a UNESCO-administered list established by the
1972 World Heritage Convention. Senate companion legislation (S. 510) was introduced
on March 2, 1999 but has not yet passed. During the 105th Congress, the House passed
an identical bill (H.R. 901), which did not become law. Sponsors of the bill are
concerned that designation of a U.S. site to the U.N. list, which is currently done under
executive authority, might not protect the rights of private property owners or the states.
The Administration and opponents of the bill have argued that the designation has no
effect on property rights and does not provide the United Nations with any legal
authority over U.S. territory. This paper describes the operation of the UNESCO
Convention and will be updated periodically. The American Land Sovereignty Protection
Act would also affect U.S. participation in the UNESCO Man and the Biosphere
Program, which includes some of the same sites. For information on that program, see
CRS Report RS20220, Biosphere Reserves and the U.S. MAB Program.
There are currently 630 natural and cultural sites in 118 countries listed on the World
Heritage List established under the World Heritage Convention. Twenty U.S. sites are
listed, including Yellowstone and Grand Canyon National Parks, Independence Hall, and
the Statue of Liberty. The World Heritage in Danger list currently has 27 sites worldwide,
including Yellowstone National Park and Everglades National Park. The 1980 National
Historic Preservation Act establishes the Interior Department as the administrator and
coordinator of U.S. activities under the Convention. H.R. 883 and S. 501, the American
Land Sovereignty Act, would place conditions on Interior’s authority to nominate new
sites and require specific congressional authorization for new nominations.
Congressional Research Service ˜ The Library of Congress

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About the Convention
The Convention Concerning the Protection of the World Cultural and Natural
Heritage, popularly known as the World Heritage Convention, was adopted by the General
Conference of UNESCO in 1972. The United States initiated and led the development of
the treaty and was the first nation to ratify it in 1973. Currently, 158 nations are parties to
the Convention. The Convention’s purpose is to identify and list worldwide natural and
cultural sites and monuments considered to be of such exceptional interest and such
universal value that their protection is the responsibility of all mankind. Each country
adopting the Convention pledges to protect listed sites and monuments within its borders
and refrain from activities which harm World Heritage sites in other countries. The
Convention states in Article 4 that each party to it “recognizes that the duty of ensuring
the identification, protection, conservation, presentation and transmission to future
generations of the cultural and natural heritage .... situated on its territory, belongs
primarily to that state.”1 The international community agrees to help protect them through
the World Heritage Committee and Fund.
World Heritage Committee and Fund
The World Heritage Committee, composed of 21 specialists from member nations
elected for 6-year terms, administers the Convention. (The United States was mostly
recently a member of the Committee for the term ending October 1999). The Committee
has two principal tasks. First, it recognizes the sites nominated by member states to be
included on the World Heritage List, based on the criteria established by the Committee.
Decisions on additions to the List are generally made by consensus. UNESCO provides
administrative assistance to the Committee but has no role in its 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 after consultation with the country in which the site is located. In
1992, the Committee adopted a plan to improve its operations, including an increased
focus on monitoring conditions at existing sites rather than adding new sites to the List.

The Committee also administers the World Heritage Fund, which provides technical
and financial aid to countries requesting assistance. Assistance can include such support
as expert studies, training, and equipment for protection. World Heritage Fund technical
assistance must be requested by a member country in an agreement with the Committee,
which sets conditions for the assistance. The World Heritage Fund receives income from
several sources. Member states pay dues equal to 1% of their UNESCO contribution. The
United States is not a member of UNESCO and therefore does not contribute as a member.
The Fund also receives voluntary contributions from governments, donations from
institutions, individuals, and from national or international promotional activities. The
United States contributed $450,000 voluntarily to this program in FY1999, an amount
appropriated in the Foreign Operations Appropriation. A similar contribution is likely for
FY2000. Virtually no other U.S. money was contributed to this program.
1Convention concerning the protection of the world cultural and natural heritage. 27 UST 37.

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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 Department of Interior with coordinating and directing U.S. activities under
the Convention, in cooperation with the Departments of State, Commerce, and Agriculture,
the Smithsonian Institution, and the Advisory Council on Historic Preservation. The
National Park Service administers all the U.S. sites with funds appropriated by Congress,
except for several that are owned by states, a foundation, and an Indian tribe.
Legislation
American Land Sovereignty Protection Act, 1999. H.R. 883 was introduced by
Representative Don Young, chairman of the House Resources Committee, on March 1,
1999. S. 510 was introduced on March 2, 1999 by Senator Ben Nighthorse Campbell and
9 cosponsors and referred to the Committee on Energy and Natural Resources. A hearing
was held in the House on March 18 and in the Senate on May 26, 1999. The legislation
amends the National Historic Preservation Act of 1980 (P.L. 96-515) to 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 the land and surrounding private land, and
specific authorization by Congress for new World Heritage site designations. H.R. 883
was reported on May 13, 1999 (H.Rept. 106-142) and passed by voice vote on May 20,
1999. The legislation is identical to H.R. 901, which was introduced in 1997 by
Representative Young and passed the House on October 8, 1997, by a vote of 236 to 191.
Senate companion legislation during the 105th Congress was introduced by Senator
Campbell (S. 2098) on May 20, 1998, but did not pass.
P.L. 106-113 contains a provision stating that none of the funds appropriated in the
bill can be provided for either the U.N. Man in the Biosphere Program or the U.N. World
Heritage Fund for programs in the United States. The conference report language states
that the agreement prohibits the use of funds if either program engages in activities
affecting sites in the United States during the current fiscal year.

Issues for Congress
Impact of the Convention on U.S. Sovereignty
Although the debate was often couched in terms which included U.N. influence over
U.S. parks and monuments, supporters of the American Land Sovereignty Protection Act
were primarily concerned that a lack of a congressional role in designating the sites and a
lack of congressional oversight of implementation of the act undermines the congressional
role under the Constitution to make rules governing land belonging to the United States.
As the House Resources Committee web site on the legislation states: “By using these
international designations, the Executive Branch is able to guide domestic land use policies

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without consulting Congress”2. Supporters express concern that even though there may
be no international or U.N. direct control of U.S. sites, federal agency managers may take
into account the international rules of the World Heritage program in making land use
decisions, or use the designation to undermine local land use decisions, often without the
advice or even the knowledge of local authorities or property owners.
The World Heritage Convention does not give the United Nations authority over
U.S. sites. The Department of State has testified that under the terms of the World
Heritage Convention, management and sovereignty over the sites remain with the country
where the site is located. Supporters of the World Heritage system note that member
countries nominate sites for the World Heritage List voluntarily and agree to develop laws
and procedures to protect them using their own constitutional procedures. Most of the
U.S. sites named have already been accorded protection in law as national monuments or
parks. In commenting on the bill, the Administration stated that the designation does not
give the United Nations the authority to affect land management decisions within the
United States and has not been utilized to exclude Congress from land management
decisions. The Department of State notes that the Convention itself has no role or
authority beyond listing sites and offering technical advice and assistance. Supporters of
the convention assert that World Heritage status has been the impetus behind closer
cooperation between federal agencies and state and local authorities.
Impact of Placement on the World Heritage List
Inclusion on the World Heritage List increases knowledge and interest in sites
throughout the world. Many countries use the World Heritage designation to increase
tourism to site areas. Designation also brings international attention and support to protect
endangered sites. In 1993, the World Heritage Committee supported the United States 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 its
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. The Interior Department testified that the nomination procedure
includes open public meetings and congressional notification on sites being considered.
Supporters of legislation restricting U.S. World Heritage participation express concern
about the impact of the designation on private property near the sites. They suggest that
agreeing to manage the site in accordance with the international convention may have an
impact on the use of private land nearby, or may even be an indirect way of complying with
treaties which the Congress has not approved. They claim that advocacy groups use
federal regulations and international land use designations to frustrate the public land
management decision-making process.
2U.S. Congress. House. Committee on Resources. [http://www. house.gov/ resources/106th cong/
fullcomm/ sovereignty.htm].

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Yellowstone National Park
In June 1995, the U.S. Department of the Interior notified the World Heritage
Committee that Yellowstone was in danger and requested an on-site visit. In a follow up
letter, the Department of the Interior noted actions which the United States was taking to
address the situation. A team organized by the World Heritage Center reviewed actual and
potential threats to the park. In December 1995, based on this visit and consultations with
U.S. government officials, the World Heritage Committee placed Yellowstone on the List
of World Heritage in Danger, citing threats posed by plans for a gold mine just over 1 mile
from the Park, the introduction of non-native fish into Yellowstone Lake, and activities to
eliminate brucellosis from Park bison herds. The World Heritage Committee noted that any
response to the threat was a U.S. domestic decision and asked that the U.S. government
keep the committee informed of actions taken by the United States and to assess what more
must be done in order to remove Yellowstone from the endangered list. Both the non
native fish and the Park bison herds are the subject of ongoing federal, state, and local
discussions. The gold mine issue has been resolved. Congress appropriated funds to
compensate the mine owners for not developing it. A final U.S. policy to resolve the bison
situation is expected in 2000. And the non-native fish problem is ultimately unresolvable,
but Park authorities are working to minimize the number of non native fish in Yellowstone
lake. The Administration will continue to report to the World Heritage Committee on
Yellowstone until Yellowstone is removed from the endangered list. The 1999 report set
out U.S. government analysis of whether the site continues to be endangered. The World
Heritage Committee agreed to leave Yellowstone on the Sites in Danger list in December
1999, with the support of the U.S. government.

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