Historic Sites Act of 1935

Historic Sites Act of 1935 was a landmark piece of New Deal legislation that fundamentally transformed the United States' approach to historic preservation. Enacted during the administration of Franklin D. Roosevelt, it established a national policy to preserve significant historic and archaeological sites for public benefit. The act empowered the Secretary of the Interior and the National Park Service with new authorities to survey, designate, and protect properties of national importance, moving beyond the site-specific protections of earlier laws like the Antiquities Act of 1906.

Background and legislative history

The push for a comprehensive national preservation law grew from the limitations of prior legislation and the economic crisis of the Great Depression. The Antiquities Act of 1906 allowed presidents to create national monuments but offered little framework for systematic identification or management of historic resources. Concurrently, programs like the Civilian Conservation Corps and the Works Progress Administration were employing thousands on public works, including restoration projects at places like Colonial National Historical Park. Key figures, including National Park Service director Arno B. Cammerer and Secretary of the Interior Harold L. Ickes, championed the bill. It passed through the 74th United States Congress with broad support, seen as a means to create jobs, stimulate tourism, and safeguard national heritage, and was signed into law by Franklin D. Roosevelt on August 21, 1935.

Key provisions and definitions

The act declared it a national policy to preserve historic sites, buildings, and objects of national significance for the inspiration and benefit of the American people. It authorized the Secretary of the Interior, through the National Park Service, to conduct a nationwide survey—the Historic American Buildings Survey—to identify and document properties worthy of preservation. A critical provision established the process for designating properties as National Historic Landmarks, a formal recognition of national significance. The law also allowed for cooperative agreements with states, local governments, and private entities, and provided for the acquisition of properties by donation, purchase, or condemnation. It defined key terms like "historic site" and "object" broadly, encompassing archaeological resources and structures of prehistoric, historic, and architectural value.

Implementation and administration

Administration of the act fell primarily to the National Park Service, which established a new branch of Historic Sites and Buildings. The agency launched the Historic American Buildings Survey in partnership with the American Institute of Architects and the Library of Congress. Early implementation focused on the survey and the rigorous evaluation of sites for National Historic Landmark designation, with early landmarks including Salem Maritime National Historic Site and the USS Constitution. The Secretary of the Interior was empowered to enter into agreements, such as the one that created the Roosevelt Home as a federal site. This framework enabled the National Park Service to expand its system beyond natural parks to include cultural landmarks like Fort Laramie and Appomattox Court House.

Impact and legacy

The act's impact was profound, providing the first authoritative national framework for historic preservation and establishing the federal government as its primary leader. It led directly to the creation of the National Historic Landmarks program and the expansion of the National Park System to include numerous historic sites. The systematic survey work laid the groundwork for later initiatives, most notably the National Register of Historic Places, created by the National Historic Preservation Act of 1966. The philosophy and policies codified in the 1935 act influenced state and local preservation movements and set a precedent for federal partnership in preservation, a model that continues to guide the work of the National Park Service and the Advisory Council on Historic Preservation.

Amendments and related legislation

While the core framework of the Historic Sites Act remains, its functions have been integrated into and expanded by subsequent laws. The most significant is the National Historic Preservation Act of 1966, which established the National Register of Historic Places, created the Advisory Council on Historic Preservation, and mandated the role of State Historic Preservation Officers. Other key related legislation includes the Archaeological Resources Protection Act of 1979, which strengthened protections for archaeological sites, and the National Park Service Organic Act, which governs the overall management of the park system. The act's provisions for landmark designation and survey authority remain in effect, administered by the National Park Service within the U.S. Department of the Interior.

Category:1935 in American law Category:United States federal historic preservation legislation Category:National Park Service Category:New Deal