Cultural Heritage Act of 1978

Cultural Heritage Act of 1978
Short title	Cultural Heritage Act of 1978
Legislature	95th United States Congress
Long title	An Act to provide for the protection and preservation of the cultural heritage of the United States.
Enacted by	the 95th United States Congress
Signed by	Jimmy Carter
Signed	October 31, 1978

Cultural Heritage Act of 1978. The Cultural Heritage Act of 1978 is a foundational piece of United States federal law establishing a comprehensive national framework for the identification, protection, and stewardship of significant cultural resources. Enacted during the administration of President Jimmy Carter, the legislation emerged from growing public and congressional concern over the loss of historic sites and archaeological materials. It significantly expanded the federal government's role in cultural resource management, mandating systematic surveys and creating new legal tools for preservation.

Background and legislative history

The push for the Act grew from the successes and limitations of earlier laws like the Antiquities Act of 1906 and the National Historic Preservation Act of 1966. Key advocates included conservationists, professional archaeologists from institutions like the Society for American Archaeology, and legislators such as Senator Henry M. Jackson. The bill gained momentum following high-profile conflicts like the Tellico Dam controversy, which highlighted tensions between development and preservation. It was passed by the 95th United States Congress with bipartisan support and signed into law by President Jimmy Carter on October 31, 1978.

Key provisions and definitions

The Act's core is the establishment of the National Register of Historic Places as the official list of districts, sites, and objects worthy of preservation. It created the role of the State Historic Preservation Officer in each state and mandated the appointment of a Federal Preservation Officer for each major agency. A critical provision requires federal agencies to undertake a "Section 106" review, assessing effects of their undertakings on registered properties. The law also provided statutory protection for archaeological sites on federal lands, criminalizing unauthorized excavation and trafficking.

Implementation and administration

Primary administrative responsibility was assigned to the National Park Service, an agency within the United States Department of the Interior. The Advisory Council on Historic Preservation was given a central role in overseeing the Section 106 review process. Implementation relied heavily on partnerships with state governments through their State Historic Preservation Officer and with tribal nations via the establishment of Tribal Historic Preservation Officer programs. The Secretary of the Interior was empowered to promulgate detailed regulations, codified in 36 CFR Part 800.

Impact on cultural heritage management

The Act fundamentally transformed cultural resource management in the United States, making consideration of historic properties a routine part of federal planning. It professionalized the field of historic preservation, creating career paths for historians, archaeologists, and architectural historians. The law influenced major projects like the Interstate Highway System and the Trans-Alaska Pipeline System, requiring design modifications to avoid or mitigate harm. It also strengthened the legal standing of preservation advocates in lawsuits against agencies, as seen in cases involving the General Services Administration.

Notable cases and controversies

A landmark early case was United States v. Gerber, which tested the Act's provisions against looters of a Puebloan site in Arizona. The proposed Westway highway project in New York City sparked major litigation under the Act, pitting development interests against preservationists. Controversy has often surrounded the nomination of properties associated with painful history, such as the Manzanar National Historic Site. The Tellico Dam conflict, involving the snail darter and Cherokee sites, continued to influence interpretations of the Act's mandates.

Subsequent amendments and related legislation

The Act has been amended several times, notably by the National Historic Preservation Act Amendments of 1980 which refined the Section 106 process. The Native American Graves Protection and Repatriation Act of 1990 built upon its framework for dealing with human remains and cultural items. Other related statutes include the Archaeological Resources Protection Act of 1979 and the Abandoned Shipwreck Act of 1987. Its principles have been echoed in state-level laws like the California Environmental Quality Act and international agreements such as the World Heritage Convention.

Category:United States federal legislation Category:1978 in American law Category:Cultural heritage