Section 110 of the National Historic Preservation Act of 1966

Section 110 of the National Historic Preservation Act of 1966
Name	Section 110 of the National Historic Preservation Act of 1966
Short title	Section 110
Enacted by	89th United States Congress
Effective date	1966
Titles	National Historic Preservation Act

Section 110 of the National Historic Preservation Act of 1966 Section 110 establishes duties for federal agencies to identify, manage, and protect historic properties in federal stewardship, integrating preservation into federal planning and operations. It mandates surveys, inventories, preservation planning, consultation, and consideration of historic resources during federal undertakings, shaping practice across federal agencies and influencing litigation and policy in the United States preservation field.

Background and Legislative History

Section 110 arose amid debates in the 89th United States Congress and policy shifts following the passage of the National Historic Preservation Act of 1966 alongside influences from the National Trust for Historic Preservation, the Advisory Council on Historic Preservation, and historic preservation movements responding to urban renewal projects like those in Boston and New York City. Legislative reports from committees in the United States Senate and the United States House of Representatives reflected input from agencies including the National Park Service, the General Services Administration, and the Department of Defense, as well as advocacy by figures associated with the Historic American Buildings Survey and the Society of Architectural Historians. Debates referenced precedents such as the Antiquities Act and programs administered by the Smithsonian Institution and were informed by litigation trends exemplified in cases involving the Supreme Court of the United States and preservation disputes in jurisdictions like California and Pennsylvania.

Key Provisions and Requirements

Section 110 requires each federal agency to establish programs for the identification, evaluation, and protection of historic properties under its ownership or control, aligning with guidance from the National Park Service, the Advisory Council on Historic Preservation, and the Secretary of the Interior. It mandates maintenance of inventories comparable to the National Register of Historic Places and preparation of preservation plans akin to management frameworks used by the National Archives and Records Administration and the Smithsonian Institution. The provision obligates federal agencies to use the Secretary of the Interior’s standards for treatment, reflecting practice in the National Historic Landmarks Program and coordination with state entities such as the State Historic Preservation Officer offices and organizations like the National Conference of State Historic Preservation Officers. Section 110 also prescribes training of agency personnel and integration with procurement and facilities management overseen by the General Services Administration and programmatic reviews linked to undertakings addressed in the Federal Highway Administration and the Veterans Administration.

Implementation and Agency Roles

Implementation assigns primary oversight to the National Park Service and consultative authority to the Advisory Council on Historic Preservation, while operational responsibilities fall to agency historic preservation officers and program managers within entities such as the Department of the Interior, the Department of Defense, the Department of Transportation, and the Environmental Protection Agency. Agencies coordinate with State Historic Preservation Officers, local governments including Los Angeles, Chicago, and New York City municipal preservation commissions, and nonfederal stakeholders such as the National Trust for Historic Preservation, the American Institute of Architects, and the American Society of Civil Engineers. Implementation interacts with planning processes at federal agencies like the Federal Highway Administration, cultural resource management protocols used by the Bureau of Land Management, and facilities standards enforced by the General Services Administration.

Compliance, Reporting, and Enforcement

Section 110 imposes reporting obligations reflected in agency annual reports to the Secretary of the Interior and the Advisory Council on Historic Preservation, with compliance reviews comparable to audit practices by the Government Accountability Office. Enforcement mechanisms are administrative rather than criminal, relying on interagency consultation, internal controls within agencies such as the Department of Defense and the General Services Administration, and oversight actions by the United States Congress and litigation in the United States District Court and the United States Court of Appeals for the Federal Circuit. Compliance is monitored through inventories and records held by the National Park Service and supplemented by scholarly assessments in journals linked to the Society of American Archivists and the Society for American Archaeology.

Impact and Case Studies

Section 110 has influenced preservation outcomes in high-profile federal projects including site management at Independence National Historical Park, rehabilitation at the United States Capitol, base realignment activities involving the Department of Defense, and transportation projects administered by the Federal Highway Administration. Case studies include compliance contexts in Pennsylvania Station (New York City), environmental review intersections like those at Los Angeles International Airport, and adaptive reuse efforts documented in collaborations with the National Trust for Historic Preservation and the Smithsonian Institution. Scholarly and advocacy evaluations by entities such as the Brookings Institution and the Heritage Documentation Programs have analyzed Section 110’s role in reconciling federal development goals with conservation principles championed by preservationists associated with the Society of Architectural Historians.

Amendments, Interpretations, and Legal Challenges

Amendments and administrative interpretations over decades involve the National Historic Preservation Act amendments of 1980, policy guidance issued by the National Park Service, executive actions from administrations including those of Jimmy Carter, Ronald Reagan, and Bill Clinton, and memoranda from the Office of Management and Budget. Legal challenges have arisen in litigation before the Supreme Court of the United States, the United States Court of Appeals for the D.C. Circuit, and federal district courts, with landmark disputes involving federal projects, agency compliance, and doctrines articulated in cases adjudicated by judges appointed by presidents such as Richard Nixon and Barack Obama. Interpretive guidance continues to evolve through interagency memoranda, the regulatory framework overseen by the Advisory Council on Historic Preservation, and scholarly commentary in publications associated with the American Antiquarian Society and the American Historical Association.

Category:United States federal legislation