National Historic Preservation Act of 1966
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| National Historic Preservation Act of 1966 | |
|---|---|
| Name | National Historic Preservation Act of 1966 |
| Enacted | October 15, 1966 |
| Public law | 89–665 |
| Signed by | Lyndon B. Johnson |
| Purpose | "Preserve historical and archaeological sites in the United States" |
National Historic Preservation Act of 1966 The National Historic Preservation Act of 1966 established a federal framework for identifying, documenting, and protecting historic and archaeological resources, creating the National Register of Historic Places, the Advisory Council on Historic Preservation, and a network of State Historic Preservation Offices and Tribal Historic Preservation Officers. Enacted by President Lyndon B. Johnson during a period shaped by debates over urban renewal, the law responded to preservation concerns raised by events like the demolition of Penn Station (New York City) and the broader preservation movement that included organizations such as the National Trust for Historic Preservation, the American Institute of Architects, and the National Park Service. The statute has influenced federal projects such as construction on the Interstate Highway System and resource management in areas like Yellowstone National Park and Mesa Verde National Park.
Background and Legislative History
Passage grew from mid‑20th century preservation conflicts including the loss of Penn Station (New York City), the advocacy of figures like Ada Louise Huxtable and organizations like the National Trust for Historic Preservation, and congressional efforts led by legislators connected to preservation concerns in constituencies such as New York City, Boston, and Philadelphia. Legislative origins trace to hearings involving the House Committee on Interior and Insular Affairs and the Senate Committee on Interior and Insular Affairs, bipartisan sponsorship by members linked to urban issues and heritage tourism, and influence from scholarship in institutions like the Smithsonian Institution and the Library of Congress. The law was signed into law by President Lyndon B. Johnson against debates over federal versus state roles reminiscent of earlier legislation such as the Antiquities Act of 1906 and the Historic Sites Act of 1935.
Provisions and Structure
The Act creates the National Register of Historic Places, establishes the Advisory Council on Historic Preservation, and defines roles for State Historic Preservation Offices and Tribal Historic Preservation Officers. It authorizes federal agencies like the National Park Service and the General Services Administration to inventory properties and to consider preservation in planning for projects funded or permitted by agencies such as the Federal Highway Administration, the Army Corps of Engineers, and the Environmental Protection Agency. The statute sets criteria and procedures mirroring standards developed by entities including the Secretary of the Interior and professional bodies such as the National Trust for Historic Preservation and the American Institute of Architects.
National Register of Historic Places
The National Register, maintained by the National Park Service, documents districts, sites, buildings, structures, and objects significant under criteria used by preservationists, curators at the Smithsonian Institution, and historians affiliated with universities like Harvard University and University of Virginia. Listings have included landmarks such as Independence Hall, Monticello, Alcatraz Island, and historic districts in Charleston, South Carolina, Savannah, Georgia, and New Orleans. Inclusion on the Register can affect projects involving agencies such as the Federal Aviation Administration and the Federal Highway Administration, trigger considerations under Section 106 of the National Historic Preservation Act of 1966 and involve consultation with the Advisory Council on Historic Preservation and non‑federal stakeholders like the National Trust for Historic Preservation.
State Historic Preservation Offices and Tribal Historic Preservation Officers
State Historic Preservation Offices (SHPOs) coordinate surveys, nominations, and preservation planning with entities like the National Park Service, state historic commissions such as the Texas Historical Commission and the California Office of Historic Preservation, and municipal preservation commissions in cities like Boston, Philadelphia, and Chicago. Tribal Historic Preservation Officers (THPOs) enable federally recognized tribes such as the Navajo Nation, the Cherokee Nation, and the Hopi Tribe to assume responsibilities for cultural resource protection on tribal lands, interacting with federal agencies including the Bureau of Indian Affairs and the National Park Service while drawing on cultural expertise from institutions like the Smithsonian Institution and tribal museums.
Section 106 Review Process
Section 106 requires federal agencies such as the Federal Highway Administration, the Army Corps of Engineers, the Department of Defense, and the Federal Aviation Administration to identify historic properties, assess effects, and consult with SHPOs, THPOs, and the Advisory Council on Historic Preservation. The process involves determinations of eligibility for the National Register of Historic Places, application of criteria developed by the Secretary of the Interior, and preparation of memoranda of agreement or programmatic agreements often involving stakeholders like the National Trust for Historic Preservation, local historical societies, and municipal preservation commissions. Court decisions and administrative guidance from entities such as the United States Court of Appeals for the District of Columbia Circuit and the National Park Service have shaped the scope and timing of consultation under Section 106.
Impact, Amendments, and Criticism
The Act has preserved thousands of properties listed on the National Register of Historic Places and influenced projects associated with the Interstate Highway System, federal facilities managed by the General Services Administration, and cultural resource management in parks like Yosemite National Park. Amendments and related statutes, including the creation of THPOs, programmatic agreements, and integration with laws like the National Environmental Policy Act and the Native American Graves Protection and Repatriation Act, have expanded and complicated implementation. Critics from preservation advocates, developers, and legal scholars at institutions such as Yale Law School and Columbia University have debated the Act’s effectiveness, citing concerns about funding shortfalls for State Historic Preservation Offices, inconsistent application across agencies like the Federal Highway Administration, and tensions between preservation and economic development in cities such as Houston and Las Vegas.
Related Programs and Implementation
Related programs include tax incentives administered by the Internal Revenue Service and the National Park Service for rehabilitation of historic structures, federal grant programs coordinated with entities like the National Trust for Historic Preservation, and technical standards promulgated by the Secretary of the Interior. Implementation engages professionals from organizations such as the American Institute of Architects, the Society for American Archaeology, and the American Planning Association, and interacts with international efforts in heritage conservation including standards from UNESCO agencies connected to World Heritage sites like Mesa Verde National Park and Independence Hall. The Act’s mechanisms continue to guide preservation practice across federal, state, tribal, and local institutions including municipal preservation commissions in New York City and San Francisco.