National Historic Preservation Act
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| National Historic Preservation Act | |
|---|---|
 U.S. Government · Public domain · source | |
| Name | National Historic Preservation Act |
| Enacted | 1966 |
| Citation | 16 U.S.C. § 470 et seq. |
| Signed by | Lyndon B. Johnson |
| Related legislation | National Environmental Policy Act of 1969, Historic Sites Act of 1935, Antiquities Act of 1906, National Historic Preservation Act Amendments of 1980 |
| Purpose | Preserve historical and archaeological sites |
| Administered by | National Park Service, Advisory Council on Historic Preservation |
National Historic Preservation Act The National Historic Preservation Act established a federal framework for identifying, evaluating, and protecting cultural resources across the United States. It created mechanisms for listing properties, coordinating federal actions, and supporting state and local preservation through grants and partnerships with State Historic Preservation Officer, local governments, and private organizations such as the National Trust for Historic Preservation. The Act has shaped preservation practice alongside landmark statutes and initiatives including the Historic Sites Act of 1935, the Antiquities Act of 1906, and later amendments and case law.
Background and Legislative History
The Act emerged amid growing attention to urban renewal controversies epitomized by projects in Pennsylvania Station (New York City), Boston's West End, and demolition in New York City, prompting advocacy from groups like the National Trust for Historic Preservation, National Conference of State Historic Preservation Officers, and preservationists influenced by figures connected to John D. Rockefeller Jr. and Theodore Roosevelt. Legislative momentum built through hearings in the United States Congress, with sponsors and supporters including members from committees such as the United States Senate Committee on Interior and Insular Affairs and the United States House Committee on Interior and Insular Affairs, culminating in signature by Lyndon B. Johnson after debates touching on precedents like the Historic Sites Act of 1935 and concerns raised during events such as the WPA-era surveys and postwar redevelopment of Pennsylvania Avenue and Penn Station.
Key Provisions and Programs
The Act established the National Register of Historic Places to list districts, sites, buildings, structures, and objects and created the role of State Historic Preservation Officer to oversee nominations and compliance. It mandated Section 106 review procedures administered by the Advisory Council on Historic Preservation to consider effects of federal undertakings on listed or eligible properties, interfacing with policies like the National Environmental Policy Act of 1969. The Act authorized federal grants-in-aid for preservation, technical assistance programs through the National Park Service, and incentives that influenced tax policy discussions involving Internal Revenue Service rules and later programs such as the Historic Preservation Tax Incentives.
Administration and Agencies
Administration relies on the National Park Service and the Advisory Council on Historic Preservation working with State Historic Preservation Officer offices in each state and territories, tribal programs coordinated with Tribal Historic Preservation Officer entities, and partnerships with organizations like the National Trust for Historic Preservation, Smithsonian Institution, Library of Congress, and the National Archives and Records Administration. Federal agencies with compliance duties include the Department of Transportation, Department of Defense, General Services Administration, Environmental Protection Agency, and Federal Highway Administration, all of which interact through Section 106 and related consultation processes involving stakeholders such as local governments and historic preservation commissions.
Impact and Controversies
The Act has enabled preservation of landmarks including Independence Hall, Monticello, Ellis Island, Fort Sumter, Alcatraz Island, and Pearl Harbor National Memorial, while shaping programs that influenced urban design in Boston, Philadelphia, Chicago, San Francisco, and New Orleans. Controversies have involved tensions between preservation and development seen in disputes over projects like Penn Station replacement debates, Baltimore Inner Harbor redevelopment, Grand Coulee Dam impacts, and infrastructure projects led by the Federal Highway Administration. Issues include debates over effects on Native American archaeological sites, tribal consultation exemplified by cases involving Navajo Nation and Hopi Tribe, conflicts with property rights advocates, and disputes over financial incentives, gentrification in neighborhoods such as Harlem, French Quarter (New Orleans), and regulatory burdens cited by real estate interests.
Amendments and Major Court Cases
Amendments and related statutes include the National Historic Preservation Act Amendments of 1980, subsequent modifications aligning with National Environmental Policy Act of 1969 procedures, and integration with federal tax policy via the Tax Reform Act of 1976 and later tax legislation establishing preservation tax credits. Major court cases interpreting provisions and procedures include litigation involving the Advisory Council on Historic Preservation, challenges under the Administrative Procedure Act and cases touching on Section 106 adequacy in disputes linked to projects overseen by the Department of Transportation, Army Corps of Engineers, and General Services Administration. Judicial decisions have examined standing and reviewability in contexts involving the National Register of Historic Places, the rights of Tribal Historic Preservation Officers, and the scope of federal review, with implications resonant for litigants such as preservation organizations, state agencies like the California State Historic Preservation Officer, municipal governments including New York City, and private entities.