Council on Historic Preservation

Council on Historic Preservation
Name	Council on Historic Preservation
Formation	1966
Headquarters	Washington, D.C.
Leader title	Chairman

Council on Historic Preservation is an independent federal agency established in 1966 to promote the preservation of historic and archaeological sites in the United States. It administers the Section 106 review process under the National Historic Preservation Act, coordinating among federal agencies, State Historic Preservation Offices, Tribal Historic Preservation Officers, Native American tribes, and preservation organizations. The agency works with the National Park Service, Library of Congress, Smithsonian Institution, Advisory Council on Historic Preservation, and other cultural institutions to safeguard historic properties and cultural resources.

History

The agency traces its origins to the passage of the National Historic Preservation Act of 1966 and was shaped by legislative debates involving members of the United States Congress, advocates such as the National Trust for Historic Preservation, and preservationists influenced by events like the demolition of Penn Station and urban renewal projects in Boston and New York City. Early interactions involved federal programs from the National Park Service and the development of the National Register of Historic Places. The Cold War-era expansion of infrastructure and projects such as the Interstate Highway System and St. Lawrence Seaway highlighted conflicts between development and preservation, prompting collaboration with figures from the National Endowment for the Arts, the American Institute of Architects, and the League of Historic American Theatres.

Mission and Legal Authority

The agency's mission is grounded in the National Historic Preservation Act of 1966 and subsequent amendments, linking statutory duties to regulatory frameworks like the Archaeological Resources Protection Act of 1979 and the National Environmental Policy Act. Its legal authority requires federal agencies such as the Department of Transportation, the Department of Defense, the Environmental Protection Agency, and the General Services Administration to take historic preservation effects into account. The mandate intersects with tribal sovereignty reflected in consultations with Bureau of Indian Affairs and with heritage protections invoked in cases before the United States Court of Appeals for the Federal Circuit and the United States Supreme Court.

Programs and Activities

Key programs include management of the National Register of Historic Places, guidance on Section 106 compliance, technical assistance for Historic Preservation Tax Incentives administered with the Internal Revenue Service, and outreach through collaborations with the Smithsonian Institution, the Library of Congress, and the National Archives and Records Administration. The agency issues regulatory guidance affecting projects funded by the Federal Highway Administration, Federal Aviation Administration, and U.S. Army Corps of Engineers, and provides training that reaches professionals affiliated with the American Planning Association, American Society of Landscape Architects, and the American Institute for Conservation.

National Historic Preservation Act and Section 106 Process

Under the National Historic Preservation Act of 1966, the Section 106 review process compels federal agencies to consider effects on historic properties listed in or eligible for the National Register of Historic Places. The process requires coordination with State Historic Preservation Offices, Tribal Historic Preservation Officers, and consulting parties including National Trust for Historic Preservation, local historical societies, and affected property owners. Section 106 has been applied to infrastructure projects like Highway construction, hydropower developments overseen by the Federal Energy Regulatory Commission, and federal undertakings in National Forests managed by the United States Forest Service.

Organizational Structure and Leadership

The agency is led by a Chairman appointed by the President of the United States with Senate confirmation, and supported by an executive staff, legal counsel, policy divisions, and field liaisons. It coordinates with the State Historic Preservation Officers network and consults with Tribal Historic Preservation Officers. Past leaders and commissioners have engaged with leaders from the National Park Service, scholars from institutions like Harvard University, University of Virginia, Columbia University, and experts associated with the Getty Conservation Institute.

Partnerships and Grants

Partnerships span federal entities including the National Endowment for the Humanities, the Department of Housing and Urban Development, and the Department of the Interior as well as non-governmental partners like the National Trust for Historic Preservation, the National Conference of State Historic Preservation Officers, and universities such as Johns Hopkins University and Yale University. Grant programs support survey, documentation, and preservation planning conducted by local historical societies, tribal governments, and municipal preservation commissions, often leveraging funding mechanisms tied to the Historic Preservation Fund and tax credits administered with the Internal Revenue Service.

Criticism and Controversies

The agency and Section 106 process have faced criticism from stakeholders including developers represented by the Chamber of Commerce, infrastructure advocates tied to the American Road and Transportation Builders Association, and some federal agencies asserting regulatory burdens. Preservationists and tribal groups, including representatives from the National Congress of American Indians, have raised concerns about disputes over consultation practices, treatment of Native American archaeological sites, and enforcement challenges addressed in litigation before the United States District Court for the District of Columbia and appellate courts. Debates continue over balancing economic development projects supported by entities like the Department of Energy and Federal Aviation Administration with protections sought by advocates from the World Monuments Fund and the National Trust for Historic Preservation.

Category:United States federal agencies Category:Historic preservation in the United States