Historic Sites Act of 1935

Historic Sites Act of 1935
Name	Historic Sites Act of 1935
Enacted	1935
Signed by	Franklin D. Roosevelt
Agencies	National Park Service, Department of the Interior
Purpose	"National policy to preserve historic sites, buildings, and objects of national significance"

Historic Sites Act of 1935 is landmark United States legislation establishing a federal policy to identify, preserve, and mark historic properties and antiquities. It empowered the Secretary of the Interior and the National Park Service to survey, acquire, and protect sites, and to provide historical research, restoration, and public interpretation. The Act shaped subsequent preservation initiatives associated with institutions such as the Smithsonian Institution, the Library of Congress, and the National Archives and Records Administration.

Background and Legislative Context

The Act arose during the Great Depression amid New Deal programs like the Civilian Conservation Corps, the Public Works Administration, and the Works Progress Administration, which affected cultural resource projects. Legislative momentum drew on precedents including the Antiquities Act of 1906, the efforts of the American Antiquarian Society, and advocacy by societies such as the United States Conference of Mayors, the National Trust for Historic Preservation, and the Historic American Buildings Survey. Key congressional actors included members of the United States Senate and the United States House of Representatives who debated roles for the Secretary of the Interior and the National Park Service in preserving landmarks tied to figures like George Washington, Thomas Jefferson, Abraham Lincoln, and events such as the American Revolution and the Civil War. Political context involved New Deal allies of Franklin D. Roosevelt and conservatives concerned about federal reach under the Constitution of the United States.

Provisions and Key Powers

The Act authorized the Secretary of the Interior to survey and potentially acquire historic properties, to mark and interpret sites, and to coordinate research with institutions such as the Smithsonian Institution, the Library of Congress, and the National Archives and Records Administration. It declared it national policy to preserve for public use historic and prehistoric sites, buildings, and objects associated with figures like Benjamin Franklin and James Madison or events like the Louisiana Purchase and the War of 1812. The Act expanded powers reminiscent of the Antiquities Act of 1906 and enabled action on battlefields such as Gettysburg and Antietam through cooperation with organizations like the American Battlefield Trust and the Daughters of the American Revolution. It also authorized federal recognition of historic landmarks, creating a framework later used by programs like the National Historic Landmarks Program and influencing registers associated with the National Park Service and the National Trust for Historic Preservation.

Implementation and Administration

Administration largely fell to the National Park Service under directors appointed during the Roosevelt administration, with coordination involving the Department of the Interior, the Smithsonian Institution, and academic entities including Harvard University, Yale University, and the University of Virginia. Implementation included surveys by the Historic American Buildings Survey, documentation with the Library of Congress, and archaeological studies similar to projects at Mesa Verde National Park and Chaco Culture National Historical Park. Federal acquisition and preservation work involved partnerships with state agencies like the New York State Office of Parks, Recreation and Historic Preservation, municipal bodies such as the City of Boston, and private organizations like the National Trust for Historic Preservation and the Association for Preservation Technology International.

Impact on Historic Preservation

The Act catalyzed preservation of landmarks including sites connected to Alexander Hamilton, Ulysses S. Grant, Susan B. Anthony, and locations tied to the Underground Railroad and Women's suffrage movement. It influenced creation and expansion of units in the National Park Service such as Independence National Historical Park, Montezuma Castle National Monument, and Fort Sumter National Monument. The law shaped academic disciplines in institutions like the American Antiquarian Society and professional practice in societies including the American Institute of Architects and the American Historical Association. International comparanda include policies by the UNESCO World Heritage system and programs in countries like the United Kingdom and France that also preserve heritage tied to figures such as William Shakespeare and Napoleon Bonaparte.

Major Amendments and Related Legislation

Subsequent statutes that built on the Act include the National Historic Preservation Act of 1966, which created the National Register of Historic Places and State Historic Preservation Offices that interacted with the Advisory Council on Historic Preservation. The Antiquities Act of 1906 predated and informed the 1935 law; later laws such as the Historic Sites, Buildings, and Antiquities Act interpretations, amendments through congressional action, and provisions in bills debated in the United States Congress altered federal roles alongside programs like the National Historic Landmarks Program. Executive actions by presidents including Harry S. Truman and Dwight D. Eisenhower affected implementation, while agencies like the National Park Service and the Smithsonian Institution continued administratively to integrate archaeological and architectural standards developed by the American Institute for Conservation.

Controversies and Criticism

Critiques targeted federal acquisition powers and perceived conflicts with private property rights invoked in debates citing the Fifth Amendment and court decisions from the United States Supreme Court. Preservation decisions sometimes clashed with development interests in cities like New York City, Chicago, and San Francisco and triggered disputes involving preservationists such as the National Trust for Historic Preservation and corporate developers represented before the United States Court of Appeals. Critics argued about selection biases favoring sites linked to figures like George Washington and Thomas Jefferson over sites important to Native American histories exemplified at Pueblo Bonito and Cahokia or to communities central to the Civil Rights Movement associated with figures like Martin Luther King Jr. and locations such as Selma and Birmingham, Alabama.

Category:United States federal legislation Category:1935 in American law