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Navigating the American Heritage Rivers Initiative: Wasting Resources on Bureaucracy Alexander F No. 1231 November 4, 1998 NAVIGATING THE AMERICAN HERITAGE RIVERS INITIATIVE: WASTING RESOURCES ON BUREAUCRACY ALEXANDER F. ANNETT Even if Clinton’s American Heritage Rivers unnecessary new level of federal bureaucracy Initiative (AHRI) is not a federal land grab or could cost millions of tax dollars each year. It will a brazen attempt to exercise federal control divert funds away from the rivers and communities over local land use and zoning decisions, it is that are most in need and make it more difficult nonetheless unconstitutional. Only Congress for state and local govern- may adopt such programs. Until Congress ments to decide how best to Produced by enacts the AHRI, Clinton has no authority to protect and enhance their The Thomas A. Roe Institute act. rivers and river communi- for Economic Policy Studies ties. —William Perry Pendley, Published by Mountain States Legal Foundation Although the American The Heritage Foundation 214 Massachusetts Ave., N.E. Heritage Rivers Initiative is Even as many Americans continue to press Con- Washington, D.C. an appealing program, it also gress to downsize the federal government and 20002-4999 has several important flaws: return control of more programs to the states, (202) 546-4400 http://www.heritage.org President Bill Clinton has initiated a new program • It violates a number of that will impose costly new federal involvement on constitutional and statu- the local zoning and planning process. During a tory provisions by giv- ceremony at the New River in North Carolina last ing the executive branch July, the President designated 14 rivers as “Ameri- powers that belong to can Heritage Rivers” for 1998, targeting them for Congress, such as federal oversight. He did so under authority he authority over interstate gave himself by signing Executive Order 13061, commerce and the the American Heritage Rivers Initiative (AHRI), on appropriation of money. It threatens the Fifth September 11, 1997. Amendment by giving federal bureaucrats con- trol over private land surrounding the rivers The stated purpose of the President’s initiative is and their associated resources, and the Tenth to spur economic growth along designated rivers, Amendment by pre-empting the states’ land protect their natural resources, and preserve their use and zoning powers. heritage. As attractive as these goals are, however, they duplicate many of the goals of currently avail- • It duplicates the functions of federal programs able federal programs. In addition, the AHRI’s already available to assist states, localities, No. 1231 November 4, 1998 businesses, and individuals in improving 1. SStttrrreeeaaammmlililinnniiiinnngg the hundreds of federal programs America’s waterways by protecting natural to eliminate duplication and waste by termi- resources, rejuvenating surrounding areas, and nating obsolete, redundant, and dysfunctional stimulating economic growth. Many of these programs and privatizing functions that could programs already duplicate each other’s efforts be performed more efficiently and cost-effec- and award similar grants. tively in the private sector; • Scientific analysis of need is not mandated as 2. DDeeevvvooollllvvviiiinnngg to the states functions that are the basis for AHRI designation. Consequently, addressed more appropriately at that level; and the AHRI allows the executive branch to target 3. IInnnvvveeessstttiiiinnngg the money saved from this streamlin- federal money to river communities in ways ing effort in the remaining programs, to target that could be interpreted more as political rivers and communities most in need of pork than environmental necessity. This poten- improvement. tial is highlighted by the fact that not one of the ten “most endangered rivers” of 1998 as Members of Congress who take a stand against selected by the environmental interest group bigger government should ensure that states main- American Rivers appears on the President’s tain control over decisions that involve the land 1998 list of American Heritage Rivers. adjoining their rivers. They should study the cur- rent federal programs to determine the level of • It establishes a new federal bureaucracy. Each duplication and waste and how much is being of this year’s 14 American Heritage Rivers will spent already to achieve the President’s goals as be assigned a “river navigator” to “guide” local outlined in the AHRI initiative. And they should officials through the maze of applicable federal use their authority under the President’s AHRI ini- programs. In other words, federal bureaucrats tiative to request that rivers and river sections in will be injected into local decision-making on their districts be excluded from future consider- how best to clean up a designated river, or ation. develop or enhance its surrounding areas. Fed- eral agencies make their field staff available for Instead of allocating limited federal resources to the local implementation of AHRI initiatives. It an unnecessary new layer of bureaucracy, Congress is not clear how creating additional bureau- should work to eliminate duplication in programs cracy facilitates the AHRI’s goal of helping while ensuring that the federal government’s states maneuver through the current bureau- efforts to protect and enhance the nation’s rivers cracy. Furthermore, the hiring of each river are clearly documented and truly achieving their navigator will cost an estimated $100,000 a goals. year, yet the question of where the funding will come from has not been adequately addressed. —Alexander F. Annett is a Research Assistant in The Thomas A. Roe Institute for Economic Policy Stud- If President Clinton wants to involve the states ies at The Heritage Foundation. and local communities in protecting and rejuve- nating America’s rivers, he should focus on: No. 1231 November 4, 1998 NAVIGATING THE AMERICAN HERITAGE RIVERS INITIATIVE: WASTING RESOURCES ON BUREAUCRACY 1 ALEXANDER F. ANNETT Even if Clinton’s American Heritage Rivers The stated purpose of the President’s initiative is Initiative (AHRI) is not a federal land grab or to protect the resources of America’s rivers, pre- a brazen attempt to exercise federal control serve their historic and cultural heritage, and spur over local land use and zoning decisions, it is economic growth in their nonetheless unconstitutional. Only Congress surrounding communities.4 may adopt such programs. Until Congress To do this, however, the Produced by enacts the AHRI, Clinton has no authority to AHRI creates a level of fed- The Thomas A. Roe Institute act. eral bureaucracy that not for Economic Policy Studies —William Perry Pendley, only is unnecessary, but also Published by Mountain States Legal Foundation2 will divert millions of dollars The Heritage Foundation in federal funds away from 214 Massachusetts Ave., N.E. Even as many Americans continue to press Con- the rivers and river commu- Washington, D.C. gress to downsize the federal government and nities most in need of 20002-4999 return more control to the states, President Bill (202) 546-4400 improvement. This new level Clinton has initiated a program that will impose http://www.heritage.org of bureaucracy will only costly new federal involvement on the local zoning make it more difficult for and planning process. During a ceremony at the state and local governments New River in North Carolina in July, the President to decide for themselves designated 14 rivers as “American Heritage Rivers” how best to protect, for 1998, targeting them for federal oversight. He improve, and enhance their did so under authority he gave himself by signing rivers and surrounding Executive Order 13061, the American Heritage areas. Rivers Initiative (AHRI), on September 11, 1997.3 1. The author would like to thank Gregg VanHelmond, Research Assistant, and Jennifer Olsen of the Roe Institute for their contributions to this paper. 2. In correspondence to the author, July 15, 1998. 3. Federal Register, Vol. 62, September 15, 1997, p. 48445. 4. See “President Clinton Announces 14 American Heritage Rivers,” at http://www.achp.gov/newsahr.html. No. 1231 November 4, 1998 Although the American Heritage Rivers Initia- to determine how much duplication exists and tive is an appealing program, it also has several what is being spent already to achieve the goals the important flaws: President outlined in his new initiative. And they should use their authority under the AHRI to • It violates a number of constitutional and stat- request that rivers and river sections in their dis- utory provisions by giving the executive tricts be excluded from future AHRI consideration. branch powers that belong to Congress, such as authority over interstate commerce and the Instead of allocating limited federal resources to appropriation of money.5 It threatens the Fifth an unnecessary new layer of bureaucracy, Congress Amendment by giving the executive branch should make sure that federal efforts to protect control and authority over private land sur- and enhance the nation’s rivers are clearly docu- rounding the designated rivers and their asso- mented and truly achieving their goals. ciated resources, and the Tenth Amendment by pre-empting the land use and zoning powers RAFT OR BUREAUCRATIC LOGJAM? of the states.6 Rivers have played a vital role in U.S. history, • It duplicates functions and goals of at least 100 and they continue to be important to American federal programs currently available to assist culture, health, economy, environment, and recre- states, localities, businesses, and concerned ation. Over
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