Federal Land Designations: A Brief Guide

Federal Land Designations: A Brief Guide
May 19, 2023
This report provides a brief guide to selected titles—such as national park, national
wildlife refuge, national monument, national conservation area, national recreation area,
Laura B. Comay,
and others—that Congress and the executive branch have used to designate certain U.S.
Coordinator
lands. These titles may be considered federal land designations, in the sense that they
Specialist in Natural
are land designations conferred by federal entities (Congress, the President, and
Resources Policy
executive branch officials). Also, most (but not all) of the designations apply to federal

land—that is, land owned by the federal government. The Bureau of Land Management
Carol Hardy Vincent
(BLM), U.S. Fish and Wildlife Service (FWS), and National Park Service (NPS) in the
Specialist in Natural
Department of the Interior and the U.S. Forest Service (FS) in the Department of
Resources Policy
Agriculture administer most federally owned land. Congress and executive branch

entities also have recognized the national significance of some nonfederally owned lands Katie Hoover
by giving them federal designations, such as national heritage area or national historic
Specialist in Natural
landmark.
Resources Policy


Depending on multiple factors, federal designations may bring few management
Christopher R. Field
changes to a site or may involve significant management changes. The designations may
Analyst in Natural
authorize new federal funding for an area but do not always do so. Management
Resources Policy

provisions may vary, even among sites with the same designation, based on the
individual designating law for a particular site.
Mark K. DeSantis
Analyst in Natural
The report discusses some factors that Congress may consider when contemplating
Resources Policy

which, if any, federal designation might be suitable for a given area. For instance,
legislators may consider which entity would own and manage the land under various
Anne A. Riddle
designations, what resource values the designation might highlight or protect, and what
Analyst in Natural
types of land uses would be allowed, as well as whether a chosen designation would
Resources Policy

need to be conferred through legislation or could be applied administratively under
existing statutory authorities. A table compares selected land designations across

multiple attributes.

Congressional Research Service


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Contents
Selected Factors in Determining Land Designations ...................................................................... 1
Designating Authority ............................................................................................................... 1
Federal vs. Nonfederal Ownership and Management ............................................................... 2
Managing Agency ..................................................................................................................... 2
Physical Characteristics of the Area .......................................................................................... 3
Values to Be Emphasized .......................................................................................................... 3
Statutory Requirements in Land System Laws ......................................................................... 4
Land Uses .................................................................................................................................. 4

Examples of Federal Land Designations ......................................................................................... 5
For Additional Reading ................................................................................................................. 16

Tables
Table 1. Comparison of Selected Federal Land Designations ......................................................... 6

Contacts
Author Information ........................................................................................................................ 17



Congressional Research Service

Federal Land Designations: A Brief Guide

ongress often considers legislative proposals to designate lands for a variety of purposes.
Congress selects various titles for these designated lands, such as national park, national
C wildlife refuge, national monument, national conservation area, national recreation area,
national scenic trail, and others. Additionally, Congress has provided the President and other
executive branch officials with authority to make certain land designations, and may consider the
sufficiency of these authorities and oversee their use by the President and executive branch. Land
designations conferred by Congress, the President, and other executive branch officials are
referred to in this report as federal land designations, meaning they are land designations made
by federal entities. Most of the designations also are applied to federal land—that is, land in
federal ownership—or to land that the designating law authorizes for federal acquisition.
However, Congress and executive branch officials also have conferred some designations on sites
that remain nonfederally owned and managed.1
Federal land designations may bring few management changes to a site or may involve significant
management changes, based on individual designating laws and broader authorities governing
particular land systems (e.g., the National Park System, National Wildlife Refuge System,
National Trails System, or others). The designations may authorize federal funding for an area,
but they do not always do so.
This report addresses questions about which federal designations might be appropriate for
particular areas. What do the various designations signify, and how do they differ? Who has
authority to confer each designation? Which federal agency or nonfederal entity typically is
responsible for managing the land under each designation, and which statutes would govern
management decisions? What types of uses might be allowed on the land, and what uses might be
prohibited? The report compares a variety of land designations with respect to these and other
factors. It is beyond the report’s scope to assess the benefits or drawbacks of applying a federal
designation to an area, although such questions often arise when designations are contemplated.
For any given area, some stakeholders might favor a federal designation (for example, to bring
federal funding to the area, to publicize a site and promote visitation, or to bring new resource
protections) while others might oppose one (for example, to preserve federal funds for allocation
to other priorities or to forestall potential management changes or land-use restrictions).
Additional CRS products, cited at the end of this report, explore such questions in greater detail
for specific land designations.
Selected Factors in Determining Land Designations
Designating Authority
Initial considerations in making land designations might include who could designate the land.
Some designations can be made only by an act of Congress; in other cases, Congress has
authorized executive branch officials to confer specific designations. For example, under the
Antiquities Act of 1906, the President may proclaim national monuments on federally owned
land.2 Congress also has authorized the Secretaries of the Interior and Agriculture to make some
types of designations on both federal and nonfederal lands. For example, both Secretaries have

1 In addition, state and local governments make designations on nonfederal lands. Examples of such designations
include state park, state historic site, and city park. Designations by state and local governments are not discussed in
this report.
2 54 U.S.C. §§320301-320303. For more information on presidentially proclaimed monuments, see CRS Report
R41330, National Monuments and the Antiquities Act, by Carol Hardy Vincent. Congress also has established national
monuments outside of the Antiquities Act authority.
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authority to add certain types of rivers and trails to the National Wild and Scenic Rivers System
and the National Trails System.3
Members may choose to work with executive branch entities to pursue an administrative
designation for a site, in addition to or instead of introducing legislation to designate the site.
Among other reasons, an administrative designation may be seen as a faster route to achieve the
designation, as compared to moving a bill through the legislative process. (Typical timelines for
executive designations vary widely, however, and can extend to several years or more.)
Alternatively, limitations on administrative authorities might make them less attractive in some
cases. For instance, some administrative designations are not accompanied by federal funding for
a site.4 Some executive authorities—including the President’s authority to proclaim national
monuments under the Antiquities Act—have been controversial at times, because the designations
may restrict land uses.5
Federal vs. Nonfederal Ownership and Management
For land not already in federal management, Members may consider whether the federal
government should acquire the land. Many designations involve federal land acquisition, but
under certain designations nonfederal entities may continue to own and manage the land, in some
cases with technical and/or financial assistance from the federal government (see Table 1 for
more information). Also, for any specific site, Congress may include individual provisions
regarding federal land acquisition. Members may weigh, among other issues, the cost and effort
to the federal government of acquiring and managing the land; the resources available to state,
local, or private owners to maintain and protect the land; potential benefits of federal
management (such as ongoing federal funding); potential drawbacks of federal management
(such as a loss of local control over management decisions or a reduction to the state and local tax
base); and stakeholder positions on the size of the federal estate generally.6
Managing Agency
Another consideration might be which agency (or agencies) would be best suited to manage land
in federal ownership, based on the agencies’ missions, among other factors. This could influence
which designation to use, because some commonly used designations are associated with a
specific managing agency (Table 1). Four agencies manage almost all U.S. federal land: the
Bureau of Land Management (BLM), U.S. Fish and Wildlife Service (FWS), and National Park
Service (NPS) in the Department of the Interior (DOI), and the U.S. Forest Service (FS) in the

3 National Wild and Scenic Rivers Act (16 U.S.C. §§1271 et seq.); National Trails System Act (16 U.S.C. §§1241-
1251). Also, the National Historic Preservation Act of 1966, as amended (NHPA; 54 U.S.C. §§300101 et seq.), and the
Historic Sites Act of 1935 (54 U.S.C. §§320101-320106) authorize the Secretary of the Interior to make certain historic
designations, such as listing properties on the National Register of Historic Places, establishing national historic
landmarks, and others. For other examples, see Table 1.
4 For example, the Secretary of the Interior may make certain administrative designations—such as establishing
National Park Service (NPS) “affiliated areas”—under authority of the Historic Sites Act of 1935 (54 U.S.C. §§320101
et seq.) but may not provide federal funding for such designated sites without congressional authorization. For more
information, see CRS In Focus IF11281, National Park Service Affiliated Areas: An Overview, by Mark K. DeSantis.
5 For more information, see CRS Report R41330, National Monuments and the Antiquities Act, by Carol Hardy
Vincent.
6 For discussion of the size of the federal estate and stakeholder views, see CRS Report R42346, Federal Land
Ownership: Overview and Data
, by Carol Hardy Vincent and Laura A. Hanson.
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Department of Agriculture.7 These agencies administer their lands under different statutorily
defined missions.8 BLM and FS manage most of their lands for sustained yields of multiple uses,
including recreation, grazing, timber, mineral production, watershed, wildlife and fish habitat, and
conservation.9 FWS has a dominant-use mission for most of its lands—to conserve plants and
animals for the benefit of present and future generations—although other priority uses are
provided for if compatible.10 NPS administers its lands with the dual purpose of preserving
resources and providing for their enjoyment by the public.11 Within these broad missions, each
agency manages sites with a variety of titles, management provisions, and allowed uses. In some
cases, the management framework for an individual site may differ from the overall framework
for the agency, based on individual authorities pertaining to the site. Table 1 indicates the agency
or agencies that generally have responsibility for area management under various designations.
Physical Characteristics of the Area
The physical characteristics of an area could influence the choice of a land designation. Some
designations—such as national seashore, national forest, or wild and scenic river—denote a
certain type of natural feature. If a site consists primarily of built structures with historical,
cultural, or commemorative significance, a federal designation such as national historic site or
national memorial might be considered. Some managing agencies, too, are associated with certain
types of areas; for instance, FS primarily manages forests, although the other land management
agencies also manage some forested areas. Similarly, each agency manages some historic and
cultural assets, but many federally designated sites with a primarily historical or cultural focus are
managed by NPS (or are federally designated but nonfederally owned and managed).
Values to Be Emphasized
Some land designations indicate the importance Congress or the executive branch places on a
particular resource value—for instance, public recreation in the case of a national recreation area,
or historic value in the case of a national historic site. Certain goals (such as wildlife
conservation) may be particularly aligned with the mission of a certain agency (such as FWS).
Although the agency missions may provide a broad guide, each agency also manages sites whose
established values differ from the overall mission or focus on particular aspects of the mission.
For example, in national monuments or wilderness areas on BLM or FS lands, some uses
typically associated with these agencies’ multiple-use, sustained-yield missions may be restricted
or prohibited.

7 Collectively, these four agencies manage about 95% of the roughly 640 million acres of federal land in the United
States. A variety of other agencies manage the remainder of the lands, which may have specific designations that are
not covered in this report. For more information on federal land ownership, see CRS Report R42346, Federal Land
Ownership: Overview and Data
, by Carol Hardy Vincent and Laura A. Hanson.
8 For further discussion of the missions of each federal land management agency, see CRS In Focus IF10585, The
Federal Land Management Agencies
, coordinated by Katie Hoover; and CRS Video WVB00399, Introduction to
Federal Lands
, by Mark K. DeSantis and Katie Hoover.
9 The Bureau of Land Management’s (BLM’s) mission is defined in the Federal Land Policy and Management Act of
1976 (43 U.S.C. §§1701 et seq.), and the Forest Service’s (FS’s) mission is defined in the Multiple Use-Sustained
Yield Act of 1960 (16 U.S.C. §§528-531).
10 National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. §§668dd et seq.); Fish and Wildlife Act of
1956 (16 U.S.C. §§742 et seq.).
11 NPS Organic Act (54 U.S.C. §§100101 et seq.).
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Statutory Requirements in Land System Laws
Some designations pertain to statutorily defined land systems, whose laws may specify
requirements for areas to qualify for the system designation.12 For example, under the Wild and
Scenic Rivers Act,13 a water body designated as a wild river must be free from any impoundments
(e.g., dams), among other attributes. Congress could choose to ignore or modify system
requirements when designating a new site in the system, but the criteria typically have been given
weight when Members contemplate applying a designation.
Other designations are not associated with statutorily defined land systems. For example, prior to
the establishment of the National Heritage Area System in January 2023, Congress had
established more than 50 individual national heritage areas (primarily on nonfederal lands)
without formal statutory criteria for this designation.14 Where no systemic law defines qualifying
criteria for a particular designation, Congress has often, but not always, followed past precedents
when conferring the same designation on a new site.
Land Uses
The chosen designation may influence what uses are permitted or prohibited at a site, based on
statutory and regulatory requirements associated with the designation itself or with the agency
managing the designated land (Table 1). In general, National Park System lands are among those
most strictly protected from uses that may consume or damage resources (sometimes called
consumptive or extractive uses), given NPS’s mandate to preserve park resources “unimpaired”
while providing for their enjoyment by the public.15 On FWS lands in the National Wildlife
Refuge System, wildlife-related activities such as hunting, fishing, and bird-watching are
considered priority uses; other uses (e,g., motorized recreation, timber cutting, grazing, mineral
development) may be allowed to the extent that they are compatible with the mission of the
system and the purposes of a specific unit. BLM and FS lands, as discussed, generally allow
consumptive uses such as timber production, grazing, and mineral development. Designations for
some cross-cutting land systems affect land use regardless of the managing agency; of these, the
National Wilderness Preservation System provides the highest level of protection.16 On
designated wilderness lands, commercial activities, motorized uses, roads, structures, and
facilities generally are prohibited, and resources are to be preserved “untrammeled” by human
presence.17
Notwithstanding such general authorities, Congress may decide to allow, limit, or prohibit
particular uses in an individual area through site-specific laws. Within all four agencies’ lands are
units with varying restrictions or allowances of land use. For example, although hunting typically
is prohibited in the National Park System, some individual units, such as many national preserves,

12 Such systems may cut across lands of multiple agencies, as is the case for the National Wild and Scenic Rivers
System, the National Trails System, and the National Wilderness Preservation System. For more information, see
Table 1; and see CRS Report R45890, Wild and Scenic Rivers: Designation, Management, and Funding, by Anne A.
Riddle; CRS Report R43868, The National Trails System: A Brief Overview, by Mark K. DeSantis; and CRS Report
RL31447, Wilderness: Overview, Management, and Statistics, by Anne A. Riddle and Katie Hoover.
13 16 U.S.C. §§1271 et seq.
14 P.L. 117-339. For more information, see Table 1 and CRS Report RL33462, National Heritage Areas: Background
and Issues for Congress
, by Mark K. DeSantis.
15 54 U.S.C. §100101.
16 16 U.S.C. §§1131-1136.
17 Wilderness Act (16 U.S.C. §1131(c)). For more information, see CRS Report RL31447, Wilderness: Overview,
Management, and Statistics
, by Anne A. Riddle and Katie Hoover.
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allow hunting as authorized or mandated in the unit’s establishing law. Mineral development is
allowed on most BLM lands, but new development is prohibited by law or executive action in
some BLM areas, such as many national monuments.
In contrast to federal lands, Congress has limited authority to control uses of nonfederal land.
Accordingly, designations for nonfederal lands typically do not prohibit the nonfederal landowner
from engaging in particular land uses, even where the use might adversely affect some of the
values for which the area was designated. However, activities incompatible with the values of a
designation—such as modernizing a designated national historic landmark—may lead to a
withdrawal of the federal designation; also, federal funds or permits to carry out projects that
compromise these values may be restricted.18
Examples of Federal Land Designations
Table 1
, below, describes and compares selected designations made by Congress and the
executive branch for federal lands and other areas. The table begins with designations that are
common to multiple agencies and then lists designations exclusively or primarily related to an
individual agency. The four agencies appear in order of the overall amount of land each agency
manages (BLM, FS, FWS, NPS).19 The table provides information on the entity that confers each
designation (e.g., Congress, the President, the Interior or Agriculture Secretary); statutory
authorities for the designation; the agency or agencies that administer each type of area (also
noting designations for which the area typically remains in nonfederal management); selected
characteristics of the areas; and examples of each type of area. Designations for nonfederally
owned and managed sites are listed according to the agency with overall administrative
responsibility for the designation (e.g., responsibility for evaluating site qualifications and
providing technical and/or financial assistance to designated sites).
The table reflects a selection of titles that have been used repeatedly for multiple areas. It is not
comprehensive. For example, Congress has designated many sites with unique titles (such as
“national park for the performing arts” or “national tallgrass prairie”) that are not reflected in the
table, and Congress also may develop new designations.



18 For example, §106 and §110(f) of the NHPA impose conditions on federal funding or permitting of projects that may
impact federally qualified historic properties.
19 This does not include offshore submerged lands. For information on total acreage managed by each agency, see CRS
In Focus IF10585, The Federal Land Management Agencies; and CRS Report R42346, Federal Land Ownership:
Overview and Data
, by Carol Hardy Vincent and Laura A. Hanson.
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Table 1. Comparison of Selected Federal Land Designations
Authorizing
Authority for
Administering
Designation
Entity
Designationa
Agencyb
Selected Characteristics
Examplesc
Designations Common to Multiple Agencies
National
Congress,
Congressional
NPS, BLM, FS,

Sites include both natural areas and areas of cultural,
Grand Canyon-Parashant National
Monument
President
designations: Individual
FWS, other
historical, and archaeological significance.
Monument (AZ), Presidential Proclamation
statutesd
agencies

no. 7265

Presidentially proclaimed monuments must be on
Presidential
federal lands that contain historic landmarks, historic
Petroglyph National Monument (NM), P.L.
proclamations:
and prehistoric structures, or other objects of historic 101-313
Antiquities Act of 1906
or scientific interest. The President is to reserve “the
Pul man National Monument (IL),
(54 U.S.C. §§320301-
smallest area compatible with the proper care and
Presidential Proclamation no. 9233
320303)
management of the objects to be protected” (54
U.S.C. §320301(b)).

Allowed uses vary according to the establishing law or
proclamation, and the management framework of the
administering agency.
National
Congresse
Individual statutes
NPS, FS, BLM

Sites have a recreation focus, and their establishing
Allegheny National Recreation Area (PA),
Recreation Area
legislation often authorizes activities such as boating,
P.L. 98-585
fishing, and hunting.
Lake Mead National Recreation Area (NV,

Many older national recreation areas surround Bureau
AZ), P.L. 88-639
of Reclamation reservoirs and feature water-based
White Mountains National Recreation Area
recreation. Some more recently created areas are in
(AK), P.L. 96-487, §403
or near urban centers.
Wilderness
Congress
Wilderness Act of 1964
NPS, FS, FWS,

Wilderness areas are described in the act as areas of
Boundary Waters Canoe Area Wilderness
(16 U.S.C. §§1131-
BLM
undeveloped federal lands retaining their “primeval
(MN), P.L. 95-495
1136), plus individual
character and influence,” without human development, Lee Metcalf Wilderness (MT), P.L. 98-140
statutesf
which are managed so as to preserve their natural
conditions and wilderness character (16 U.S.C.
Wheeler Peak Wilderness (NM), P.L. 113-
§§1133(b)).
291, §3061



Areas are subject to management provisions of the
administering agency, as well as the Wilderness Act.

Commercial activities, motorized access, and human
infrastructure, among other activities, generally are
prohibited in designated wilderness areas.
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Authorizing
Authority for
Administering
Designation
Entity
Designationa
Agencyb
Selected Characteristics
Examplesc
Wilderness
Congress,
BLM: Federal Land
BLM, FS, FWS

Most BLM wilderness study areas are lands BLM
Burnt Creek WSA (ID)
Study Area
Secretary of
Policy and Management
identified and reviewed for potential wilderness
Dry Valley Rim WSA (NV)
(WSA)
the Interiorg
Act of 1976 (FLPMA; 43
designation. These lands are managed as if they were
U.S.C. §1782); Alaska
wilderness until Congress either designates them as
High Lakes WSA (Shoshone National
National Interest Lands
wilderness or releases them. Some BLM WSAs were
Forest, WY), P.L. 98-550
Conservation Act (16
designated by statute.
U.S.C. §3144.); plus

individual statutes

FS and FWS WSAs’ management varies according to
their designating statutes.
FS, FWS: Individual
statutes

Wild and Scenic
Congress,
Wild and Scenic Rivers
FS, NPS, BLM,

Wild and scenic rivers (WSRs) are administered to
Black Butte Wild and Scenic River (CA), P.L.
River (WSR)
Secretary of
Act of 1968, as
FWS, statesh
preserve the rivers’ free-flowing condition and to
109-362, §7
the Interior
amended (16 U.S.C.
protect and enhance the values for which the rivers
Eightmile Scenic River (CT), P.L. 110-229,
§§1271 et seq.), plus
were designated. Federally assisted water resources
§344
individual statutes
projects that would have specified effects on a
designated WSR are prohibited. All projects licensed
Missisquoi & Trout Recreational River (VT),
by the Federal Energy Regulatory Commission are
P.L. 113-291, §3072
prohibited.

The WSR Act established three classes of WSRs—
wild, scenic, and recreational—reflecting the
characteristics of the rivers at the time of designation.

WSRs may be located on federal or nonfederal land.
National Scenic
Congress,
National Trails System
NPS, FS, BLM,

National scenic trails provide for outdoor recreation
New England National Scenic Trail
Trail, National
Secretary of
Act of 1968, as
nonfederal
and for the conservation and enjoyment of significant
(MA/CT), P.L. 111-11, §5202
Historic Trail,
the Interior,
amended (16 U.S.C.
entitiesj
scenic, historic, natural, or cultural qualities.
Selma to Montgomery National Historic
National
Secretary of
§§1241-1251), plus

National historic trails identify and protect travel routes
Trail (AL), P.L. 104-333, §501
Recreation Trail
Agriculturei
individual statutes
of national historic significance.
South Carolina Revolutionary Rivers

National recreation trails are often on state, local, or
National Recreation Trail (SC)
private lands and provide for a variety of outdoor
recreation uses. They may be designated by the
Secretaries of the Interior and Agriculture with the
consent of the federal agency, state, or locality that
manages the land.
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Authorizing
Authority for
Administering
Designation
Entity
Designationa
Agencyb
Selected Characteristics
Examplesc
Designations Exclusively or Primarily Related to BLMk
Public Lands
Congress
FLPMA (43 U.S.C.
BLM

The National System of Public Lands includes
Not individually designated
(general
§§1701 et seq.)
grasslands, forests, high mountains, arctic tundra, and
nomenclature
deserts. These are largely lands reserved from the
for BLM lands)
public domain, but BLM has authority to acquire land.
Some of the lands in this system have special
designations.

BLM generally manages lands for sustained yields of
multiple uses, including recreation, grazing, timber,
watershed, wildlife and fish habitat, and conservation.
National
Congress
Individual statutes
BLM

These areas contain diverse features encompassing
Black Rock Desert-High Rock Canyon
Conservation
natural, scientific, cultural, ecological, geological,
Emigrant Trails National Conservation Area
Area
scenic, historical, and recreational values. Congress
(NV), P.L. 106-554, Appendix D-1
establishes the management emphasis in the individual
Gila Box Riparian National Conservation
statute.
Area (AZ), P.L. 101-628, Title II

The areas differ in landscape and size, and may contain
Steese National Conservation Area (AK),
other protected areas such as areas of critical
P.L. 96-487, Title IV
environmental concern, wilderness, or wild/scenic
rivers.
Area of Critical
BLM
FLPMA (43 U.S.C.
BLM

Under 43 U.S.C. §1702(a), these areas require “special Fairview Area of Critical Environmental
Environmental
§§1702(a), 1712(c)(3))
management attention .. to protect and prevent
Concern (CO)
Concern
irreparable damage to important historic, cultural, or
Little Creek Mountain Area of Critical
(ACEC)l
scenic values, fish and wildlife resources or other
Environmental Concern (UT)
natural systems or processes, or to protect life and
safety from natural hazards.”
Simon Canyon Area of Critical
Environmental Concern (NM)

The public and BLM may nominate areas. Areas must

meet criteria of relevance and importance and are
designated through the resource management planning
process. Management varies, with the focus on the
resource or natural hazard of concern.
Designations Exclusively or Primarily Related to FSm
National Forest
Congress,
Organic Administration
FS

The NFS consists of 154 national forests and 20
Black Kettle National Grassland (OK, TX)
System (NFS)
President,
Act of 1897 (16 U.S.C.
national grasslands, along with purchase units,
George Washington-Jefferson National
designations
Secretary of
§§473 et seq.) and
research and experimental forests, land utilization
Forest (VA, WV)
Agriculture
others
areas, and other areas. NFS lands may include lands
reserved from the public domain or acquired lands.
Wil amette National Forest (OR)

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Authorizing
Authority for
Administering
Designation
Entity
Designationa
Agencyb
Selected Characteristics
Examplesc
The Secretary of Agriculture has the authority to
acquire land.

The system’s mission is to provide a variety of uses
and values—timber production, watershed
management, livestock grazing, energy and mineral
development, outdoor recreation, fish and wildlife
habitat management, and wilderness—without
impairing the land’s productivity.

Only Congress can establish an entirely new unit of
the NFS, although the President and Secretary of
Agriculture have various authorities to modify existing
NFS units.
National Scenic
Congress
Individual statutes
FS

Congress has designated 12 scenic areas within the
Columbia River Gorge National Scenic Area
Area, National
NFS, each with distinct management direction. These
(OR, WA), P.L. 99-663
Scenic Research
areas generally contain outstanding scenic
Mono Basin National Forest Scenic Area
Area, National
characteristics; recreational values; and geologic,
(CA), P.L. 98-425, Title III
Scenic Recreation
ecological, and cultural resources.
Area, National

Scenic and
Wildlife Area
National
Congress
Individual statutes
FS

Congress has designated two national volcanic
Mount St. Helens National Volcanic
Volcanic
monuments within the NFS.
Monument (WA), P.L. 97-243
Monument
Newberry National Volcanic Monument
(OR), P.L. 101-522
Special
Congress
Individual statutes
FS

Congress has designated more than 50 areas within
James Peak Protection Area (CO), P.L. 107-
Management
the NFS for some sort of special protection. Each has
216
Area, National
distinct purposes and management direction enacted
Kings River Special Management Area (CA),
Protection Area,
in the designating statute.
P.L. 100-150, §2
Others
Inventoried
FS
Forest Service
FS

Inventoried roadless areas are areas designated by FS
Boulder-White Clouds Roadless Area
Roadless Area
regulationsn
regulations, many of which are based on FS
(Sawtooth National Forest, ID)
inventories for wilderness potential upon enactment
Mount Bailey Roadless Area (Umpqua
of the Wilderness Act. Activities such as timber
National Forest, OR)
harvests and road construction are prohibited, with
some limited exceptions. Different management

policies apply in Colorado and Idaho.
CRS-9

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Authorizing
Authority for
Administering
Designation
Entity
Designationa
Agencyb
Selected Characteristics
Examplesc
Designations Exclusively or Primarily Related to FWSo
National
Congress,
National Wildlife Refuge FWS

National wildlife refuges focus on conservation of fish
Arctic National Wildlife Refuge (AK), P.L.
Wildlife Refuge
President,
Administration Act (16
and wildlife, with priority given to wildlife-dependent
96-487, §303(2)
Secretary of
U.S.C. §668dd); Alaska
recreation.
Florida Panther National Wildlife Refuge
the Interior
National Interest Lands
(FL)
Conservation Act (16
U.S.C. §§3101 et seq.);
Protection Island National Wildlife Refuge
Migratory Bird
(WA), P.L. 97-333
Conservation Act (16
U.S.C. §§715 et seq.);
Endangered Species Act
(ESA; 16 U.S.C. §§1531-
1544); Fish and Wildlife
Coordination Act (16
U.S.C. §§661-667e);
FLPMA; and individual
statutes
Waterfowl
Secretary of
Migratory Bird
FWS

Waterfowl production areas are small wetlands and
Detroit Lakes Wetland Management
Production Area the Interior,
Conservation Act (16
grasslands with migratory bird habitat.
District (MN)
Migratory
U.S.C. §§715 et seq.)

Dickinson Waterfowl Production Area (IA)
Bird

Nearly all are in Iowa, Minnesota, Montana, North
Migratory Bird Hunting
Dakota, and South Dakota.
Conservation

and Conservation Act
Commission

(16 U.S.C. §§718 et

Waterfowl production areas include federal lands as
well as areas that are managed by FWS under
seq.)
permanent conservation easements.
Wildlife
Secretary of
Fish and Wildlife
FWS, with

Coordination areas focus on the conservation,
Beltrami Wildlife Coordination Area (MN)
Coordination
the Interior
Coordination Act (16
states
maintenance, and management of wildlife. They are
Gila River Wildlife Coordination Area (AZ)
Area
U.S.C. §§661-667e)
managed with or by states through cooperative
Bankhead-Jones Farm
agreements, easements, and leases.
Tenant Act (7 U.S.C.
§1010)
CRS-10

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Authorizing
Authority for
Administering
Designation
Entity
Designationa
Agencyb
Selected Characteristics
Examplesc
National Fish
Congress
Fish and Wildlife Act
FWSp

National fish hatcheries often are created as mitigation Hotchkiss National Fish Hatchery (CO), 43
Hatchery
(16 U.S.C. §§742a-742j)
for federal dams. They may supply hatchlings for fish
U.S.C. §§620-620o
Fish and Wildlife
stocking and for ESA-listed species.
Wolf Creek National Fish Hatchery (KY),
Coordination Act (16

National fish hatcheries work to promote and
16 U.S.C. §760 (with U.S. Army Corps of
U.S.C. §§661-667e), and
maintain healthy populations for fish and other aquatic
Engineers)
individual statutes
species, provide resources to help conserve imperiled

species, and conduct scientific research. Some facilities
also may provide visitation opportunities.
Designations Exclusively or Primarily Related to NPSq
Primarily Natural NPS Areas and Related Areas
National Park
Congress
Individual statutes
NPS

National parks generally are large, diverse areas with
Arches National Park (UT), P.L. 92-155
outstanding natural features and ecological resources.
Glacier Bay National Park (AK), P.L. 96-487,

Consumptive activities such as hunting or mining
§202
typically are prohibited.
Great Smoky Mountains National Park (TN,

Many current national parks were established
NC), Act of February 21, 1925, 43 Stat. 958
originally with other designations, such as national

monument.
National
Congress
Individual statutes
NPS

National preserves are similar to national parks in
Big Thicket National Preserve (TX), P.L. 93-
Preserve
their size and natural assets, but allow activities not
439
generally permitted in national parks, such as hunting
Valles Caldera National Preserve (NM), P.L.
or oil and gas exploration. Off-road vehicle use may
113-291, §3043
be permitted.
National
Congress
Individual statutes
NPS

These designations preserve shoreline areas and
Apostle Islands National Lakeshore (WI),
Seashore,
offshore islands on the Atlantic, Gulf, and Pacific
P.L. 91-424
National
coasts (national seashores) and the Great Lakes
Cape Cod National Seashore (MA), P.L. 87-
Lakeshore
(national lakeshores).
126

Along with conservation, water recreation is a
Cumberland Island National Seashore (GA),
primary focus. Off-road vehicle use may be permitted.
P.L. 92-536
National Natural Secretary of
Historic Sites Act of
Mainly

There are over 600 designated national natural
Barringer Meteor Crater National Natural
Landmark
the Interior
1935 (54 U.S.C.
nonfederal
landmarks that contain outstanding biological and
Landmark (AZ)
§§320101 et seq.)
entitiesr
geological resources.
Cornwall Swamp National Natural

Most national natural landmarks are nonfederal
Landmark (VT)
properties that remain in nonfederal ownership and
Porcupine Mountain National Natural
management. NPS provides technical but not financial
Landmark (MI)
assistance.
CRS-11

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Authorizing
Authority for
Administering
Designation
Entity
Designationa
Agencyb
Selected Characteristics
Examplesc
Primarily Historical/Cultural NPS Areas and Related Areas
National
Congress or Congressional
NPS, FS,

Most sites feature buildings of historical interest, such
Grey Towers National Historic Site (PA),
Historic Site
(for earlier
designations: Individual
nonfederal
as the homes of notable individuals, public buildings
P.L. 108-447, §348
sites) the
statutes
entitiest
where significant events occurred, or military forts.
Little Rock Central High School National
Secretary of
Secretarial designations:

The designation has been applied to both federally and Historic Site (AR), P.L. 105-356
the Interiors Historic Sites Act of
nonfederally owned sites.t
Lower East Side Tenement National
1935 (54 U.S.C.
Historic Site (NY), P.L. 105-378
§§320101 et seq.)

National
Congress
Individual statutes
NPS

National historical parks preserve sites related to
Cedar Creek and Belle Grove National
Historical Park
events or people of national historical significance.
Historical Park (VA), P.L. 107-373

They generally extend beyond a single building or
Blackstone River Valley National Historical
property.
Park (RI), P.L. 113-291, §3031

National
Congress
Memorials in
NPS,

Most national memorials are structures erected to
Distinguished Flying Cross National
Memorial
Washington, DC:
nonfederal
commemorate people or events of national
Memorial (CA), P.L. 113-132
Commemorative
entitiesu
importance. They need not be located at historically
Flight 93 National Memorial (PA), P.L. 107-
Works Act of 1986 (40
significant sites.
226
U.S.C. §§8901-8909)

The designation has been applied to both federally and Oklahoma City National Memorial (OK),
Other memorials:
nonfederally owned sites.u
P.L. 108-199, §544
Individual statutes

National
Congress
Individual statutes
NPS

These sites commemorate landscapes where battles
Horseshoe Bend National Military Park
Battlefield,
occurred (primarily in the American Revolution and
(AL), P.L. 84-800
National
the Civil War), as well as military and civil structures.
River Raisin National Battlefield Park (MI),
Battlefield Park,
P.L. 111-11, §7003
National
Battlefield Site,
Wilson’s Creek National Battlefield (MO),
National Military
P.L. 91-554
Park

CRS-12

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Authorizing
Authority for
Administering
Designation
Entity
Designationa
Agencyb
Selected Characteristics
Examplesc
National
Congress
National Heritage Area
Nonfederal

Congress has established national heritage areas in
Freedom’s Frontier National Heritage Area
Heritage Area
Act (P.L. 117-339);
entities
support of community-centered initiatives to preserve
(KS, MO), P.L. 109-338, Subtitle E
individual statutes
historical, cultural, and natural resources.
Mississippi Delta National Heritage Area

Areas remain under state, local, and/or private
(MS), P.L. 111-11, §8008
control, while receiving financial and technical aid from
NPS.

The National Heritage Area Act, enacted in January
2023, established a National Heritage Area System,
including designation criteria and standards for funding
and management.
NPS Affiliated
Congress,
Congressional
Nonfederal

When studying an area for possible addition to the
Aleutian World War II National Historic
Area
Secretary of
designations: Individual
entitiesv
National Park System, NPS may recommend affiliated
Area (AK), P.L. 104-333, §513
the Interior
statutes
status, if the area meets some but not all criteria for
Roosevelt-Campobello International Park
Secretarial designations:
joining the park system.
(ME), P.L. 88-363
Historic Sites Act of

NPS affiliated areas remain in nonfederal ownership.

1935 (54 U.S.C.

§§320101 et seq.)

NPS provides financial assistance to some but not all
affiliated areas.

Most of the affiliated areas have a historical and
cultural focus, but some are primarily natural areas.
National Historic Secretary of
National Historic
Mainly

There are more than 2,500 national historic
Chicano Park National Historic Landmark
Landmark
the Interior
Preservation Act of
nonfederal
landmarks, selected for exceptional value or quality in
(CA)
1966, as amended
entitiesr
il ustrating or interpreting the heritage of the United
Deer Medicine Rocks National Historic
(NHPA; 54 U.S.C.
States.
Landmark (MT)
§§300101 et seq.)

Most national historic landmarks are nonfederal
Juliette Gordon Low Historic District (GA)

properties that remain in nonfederal ownership and

management. NPS provides technical but not financial
assistance. Properties may qualify for historic
preservation grants and historic tax credits.

Under Section 110(f) of the National Historic
Preservation Act (54 U.S.C. §306107), prior to
approving any federal undertaking that may directly
and adversely affect a national historic landmark,
federal agencies must engage in planning and action to
minimize harm to the landmark.

Under the NHPA, all national historic landmarks are
also added to the National Register of Historic Places,
the broader federal list of areas, buildings, and objects
CRS-13

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Authorizing
Authority for
Administering
Designation
Entity
Designationa
Agencyb
Selected Characteristics
Examplesc
significant to American history, architecture,
archeology, engineering, and culture.
Source: CRS.
Notes: BLM = Bureau of Land Management; FS = Forest Service; FWS = U.S. Fish and Wildlife Service; NPS = National Park Service.
a. In addition to the authorities listed in this table, the agencies more broadly administer lands under their “organic acts.” These include, for NPS, the National Park
Service Organic Act of 1916, as amended (54 U.S.C. §100101 et seq.); for BLM, the Federal Land Policy and Management Act of 1976, as amended (FLPMA, 43
U.S.C. §§1701 et seq.); for FWS, the Fish and Wildlife Act of 1956, as amended (16 U.S.C. §§742a-m), and the National Wildlife Refuge System Administration Act
(16 U.S.C. §668dd); and, for FS, the Forest Service Organic Administration Act of 1897, as amended (16 U.S.C. §§473 et seq.), and the Multiple Use-Sustained Yield
Act of 1960 (16 U.S.C. §§528-531). Multiple other statutory authorities also may govern various aspects of land management.
b. For designations common to multiple agencies, the agencies are listed in order of most to least responsibility, either in terms of the number of designated sites the
agencies manage (national monuments, national recreation areas, national trails) or the acreage or mileage they manage (wilderness, wild and scenic rivers). As
shown in the table, in some cases, nonfederal entities rather than a federal agency primarily administer the designation. Also, although the listed agency would
typically serve as the primary administrator for a given designation, within any individual site, some parcels of land may be owned or managed by another federal
agency; by states, tribes, or localities; or by private owners. For example, the area may contain inholdings within its boundaries that are under private ownership, or
part of the land may be set aside for military activities and managed by the Department of Defense, or a marine national monument may be cooperatively managed
by FWS and the National Oceanic and Atmospheric Administration.
c. For areas that were individually designated by statute (see note “d”), this column shows the applicable statute. In cases where a law authorized the executive branch
to make designations, this column provides examples, while the authorizing law is shown in the “Authority for Designation” column.
d. “Individual statutes” refers to provisions of law conferring a designation on a specific individual site (as opposed to broad general authorities establishing a type of
designation or land system, or setting out an agency’s general administrative authorities). “Individual statutes” could be enacted as stand-alone legislation or could be
part of a broader law, such as an omnibus public lands act or an appropriations act. Such broader legislative vehicles could potentially establish multiple individual
sites with a given designation, which would stil be referred to in this table as “individual statutes.”
e. Some early national recreation areas were established by interagency agreements between DOI’s Bureau of Reclamation and NPS.
f.
There are more than 130 individual wilderness designation statutes. These statutes are not amendments to the Wilderness Act, but they typically refer to the act
for management guidance.
g. FLPMA §603(a) required the Secretary of the Interior to identify wilderness study areas (WSAs) by 1991 and to submit wilderness recommendations to Congress
by 1993. These WSAs may be modified only by an act of Congress. FLPMA §202 authorizes the Secretary of the Interior to identify WSAs through the land
management planning process. The Secretary may release those areas from further study area status if determined to be unsuitable for a wilderness
recommendation.
h. Wild and scenic rivers generally are managed by the federal land management agencies (BLM, FS, NPS, or FWS), but certain rivers that were included pursuant to
nomination by states are managed by state agencies. Also, for federally managed rivers that cross state, county, or other public or private land, the federal agencies
are directed to cooperate with state and local governments in developing corridor management plans.
i.
National scenic trails and national historic trails are designated by acts of Congress. National recreation trails may be designated by the Secretary of the Interior or
the Secretary of Agriculture with the consent of the federal agency, state, or political subdivision with jurisdiction over the lands involved.
j.
For individual national scenic and national historic trails, a single federal agency typically serves as the overall administrator, but lands along the trail may be owned
and managed by multiple federal agencies, state and local governments, private groups, and individuals. National recreation trails are mainly on nonfederal lands and
typically are administered by states, localities, and private organizations.
CRS-14


k. For more information on BLM areas, please contact Carol Hardy Vincent, CRS Specialist in Natural Resources Policy.
l.
BLM also has created subsets of ACECs, including Research Natural Areas.
m. For more information on FS areas, please contact Katie Hoover, CRS Specialist in Natural Resources Policy; and Anne Riddle, CRS Analyst in Natural Resources
Policy.
n. FS, “Special Areas; Roadless Area Conservation,” 66 Federal Register 3244, January 12, 2001, 36 C.F.R. §§294.20-49, and FS, “Special Areas: Roadless Area
Conservation; National Forest System Lands in Alaska,” 88 Federal Register 5252, January 27, 2023.
o. For more information on FWS areas, please contact Christopher Field, CRS Analyst in Natural Resources Policy.
p. Often jurisdiction is secondary to a water management agency.
q. For more information on NPS areas, please contact Laura Comay, CRS Specialist in Natural Resources Policy; and Mark DeSantis, CRS Analyst in Natural Resources
Policy.
r. Some national natural landmarks and national historic landmarks are on federal lands and are managed by the federal agency that controls the land, but most are on
nonfederal lands.
s. The Secretary of the Interior has the authority to designate national historic sites under the Historic Sites Act of 1935 (54 U.S.C. §§320101 et seq.). However, this
authority was limited in 1992 by an amendment to the Historic Sites Act stipulating that Congress must authorize the appropriation of any funds used to carry out
secretarial designations. Since then, only Congress has established national historic sites.
t.
NPS administers 78 national historic sites and one international historic site (St. Croix Island on the Canadian border). FS manages one national historic site (Grey
Towers National Historic Site in Pennsylvania). An additional 10 national historic sites are nonfederally owned and administered, but are NPS “affiliated areas,”
receiving technical and/or financial assistance from NPS.
u. NPS administers 30 national memorials as part of the National Park System. Another five are nonfederally owned and administered, but are NPS “affiliated areas,”
receiving technical and/or financial assistance from NPS. Other congressionally designated national memorials are managed by other agencies or are nonfederal and
not associated with NPS.
v. In addition, one NPS affiliated area, American Memorial Park in the Northern Mariana Islands, is administered by NPS under P.L. 95-348.
CRS-15

Federal Land Designations: A Brief Guide

For Additional Reading
CRS Report R41658, Commemorative Works in the District of Columbia: Background and
Practice
, by Jacob R. Straus.
CRS Report R41285, Congressionally Designated Special Management Areas in the National
Forest System
, by Katie Hoover.
CRS In Focus IF10585, The Federal Land Management Agencies, by Katie Hoover.
CRS Report R43429, Federal Lands and Related Resources: Overview and Selected Issues for
the 118th Congress
, coordinated by Katie Hoover.
CRS Report R45800, The Federal Role in Historic Preservation: An Overview, by Mark K.
DeSantis.
CRS Report R43872, National Forest System Management: Overview and Issues for Congress,
by Katie Hoover and Anne A. Riddle.
CRS Report RL33462, National Heritage Areas: Background and Issues for Congress, by Mark
K. DeSantis.
CRS Report R45741, Memorials and Commemorative Works Outside Washington, DC:
Background, Federal Role, and Options for Congress
, by Jacob R. Straus and Laura B. Comay.
CRS Report R41330, National Monuments and the Antiquities Act, by Carol Hardy Vincent.
CRS In Focus IF11281, National Park Service Affiliated Areas: An Overview, by Mark K.
DeSantis.
CRS Report R41816, National Park System: What Do the Different Park Titles Signify?, by Laura
B. Comay.
CRS Report R43868, The National Trails System: A Brief Overview, by Mark K. DeSantis and
Sandra L. Johnson.
CRS Report R45890, Wild and Scenic Rivers: Designation, Management, and Funding, by Anne
A. Riddle.
CRS Report RL31447, Wilderness: Overview, Management, and Statistics, by Anne A. Riddle
and Katie Hoover.
Congressional Research Service

16

Federal Land Designations: A Brief Guide


Author Information

Laura B. Comay, Coordinator
Christopher R. Field
Specialist in Natural Resources Policy
Analyst in Natural Resources Policy


Carol Hardy Vincent
Mark K. DeSantis
Specialist in Natural Resources Policy
Analyst in Natural Resources Policy


Katie Hoover
Anne A. Riddle
Specialist in Natural Resources Policy
Analyst in Natural Resources Policy



Acknowledgments
Former CRS Research Assistant Marnie Kremer made important contributions to this report.
Key Policy Staff
Area of Expertise
Name
Bureau of Land Management
Carol Hardy-Vincent
Forest Service
Katie Hoover, Anne Riddle
Fish and Wildlife Service
Christopher Field
National Park Service
Laura Comay, Mark DeSantis


Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R45340 · VERSION 4 · UPDATED
17