National Historic Preservation Act

National Historic Preservation Act. The National Historic Preservation Act is a landmark piece of United States federal law enacted in 1966 that established a comprehensive national policy for the preservation of historic and archaeological resources. It created the legal framework for the National Register of Historic Places, mandated a review process for federal projects, and significantly expanded the federal role in preservation. The legislation was a direct response to widespread destruction of historic sites during mid-century urban renewal and infrastructure projects like the Interstate Highway System.

Background and legislative history

The movement for a stronger federal preservation policy gained momentum following the demolition of iconic structures like New York's Pennsylvania Station in 1963, which galvanized public opinion. Prior laws, such as the Antiquities Act of 1906 and the Historic Sites Act of 1935, provided limited protection, primarily for sites on federal land. A seminal 1964 report titled "With Heritage So Rich," commissioned by the U.S. Conference of Mayors and the National Trust for Historic Preservation, laid the intellectual groundwork by documenting losses and proposing a national register and review system. Key legislative champions included Senator Henry M. Jackson of Washington, who introduced the bill, and Representative Wayne N. Aspinall of Colorado. The act was signed into law by President Lyndon B. Johnson on October 15, 1966, at a ceremony held at the White House.

Key provisions and requirements

The act's core mechanism is Section 106, which requires federal agencies to consider the effects of their undertakings on properties listed in or eligible for the National Register of Historic Places. This process involves consultation with the State Historic Preservation Offices, the Advisory Council on Historic Preservation, and other interested parties. Another critical section established the requirement for each state and territory to appoint a State Historic Preservation Officer to administer the federal program locally. The law also mandates that federal agencies create their own historic preservation programs, appointing a Federal Preservation Officer to oversee compliance and manage cultural resources under their stewardship.

Creation of the National Register of Historic Places

The act formally established the National Register of Historic Places as the nation's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation. Administered by the National Park Service, the Register includes properties of local, state, and national significance in American history, architecture, archaeology, engineering, and culture. Listing, which is often initiated through nominations prepared by SHPOs or FPOs, provides recognition and certain protections under Section 106 review but does not generally restrict private property owners. Notable listed properties range from Independence Hall to the Birmingham Civil Rights National Monument.

Role of the Advisory Council on Historic Preservation

The act established the Advisory Council on Historic Preservation as an independent federal agency composed of representatives from federal agencies, SHPOs, local governments, and preservation organizations. The ACHP's primary role is to oversee the Section 106 review process, issuing regulations and providing guidance to federal agencies. While it cannot unilaterally stop a project, the ACHP advises the President and Congress on preservation policy and works to resolve conflicts between development and preservation goals. Its most powerful tool is the ability to comment formally on projects, with these comments required to be included in decision-making documentation.

Effects and subsequent amendments

The act fundamentally transformed preservation in the United States by moving it from a purely federal concern to a partnership with states, tribes, and local governments. It spurred the creation of thousands of local historic districts and commissions. Major amendments include the National Historic Preservation Act Amendments of 1980, which formally recognized the role of Native American tribes, leading to the appointment of Tribal Historic Preservation Officers. Subsequent revisions have also strengthened provisions for protecting archaeological sites and underwater resources, influenced by laws like the Archaeological Resources Protection Act of 1979. The act's framework has been tested in numerous legal cases and remains the cornerstone of American historic preservation policy. Category:United States federal historic preservation legislation Category:1966 in American law Category:89th United States Congress