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| United States federal historic preservation law | |
|---|---|
| Name | United States federal historic preservation law |
| Caption | National Register of Historic Places emblem |
| Jurisdiction | United States |
| Legislation type | Federal law |
| Key laws | National Historic Preservation Act of 1966, National Register of Historic Places, Historic Sites Act of 1935, National Environmental Policy Act, Native American Graves Protection and Repatriation Act |
| Agencies | National Park Service, Advisory Council on Historic Preservation, National Trust for Historic Preservation |
United States federal historic preservation law provides the statutory and regulatory framework by which the United States preserves, documents, protects, and manages cultural resources such as historic buildings, archaeological sites, districts, and landscapes. Rooted in landmark measures like the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966, the field intersects with environmental statutes such as the National Environmental Policy Act and indigenous protection statutes such as the Native American Graves Protection and Repatriation Act, shaping federal, state, tribal, and local practice through designation, review, funding, and litigation.
Federal preservation law defines key terms and concepts used across statutes and regulations, including "historic property," "contributing resource," "district," and "archaeological resource" as employed in the National Historic Preservation Act of 1966 and the regulations implementing the National Register of Historic Places. Definitions align with program guidance from the National Park Service, policy documents of the Advisory Council on Historic Preservation, and legal interpretations from the United States Supreme Court and federal appellate decisions such as those from the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Ninth Circuit. Terminology guides eligibility criteria that intersect with statutory schemes like the Historic Sites Act of 1935, the National Environmental Policy Act, and the Archaeological Resources Protection Act of 1979.
The statutory core includes the National Historic Preservation Act of 1966, which established the National Register of Historic Places, State Historic Preservation Officers (SHPOs), and the Advisory Council on Historic Preservation. Precedent statutes include the Historic Sites Act of 1935 and the Antiquities Act of 1906, while complementary laws include the Archaeological Resources Protection Act of 1979, the Native American Graves Protection and Repatriation Act, and the National Environmental Policy Act. Tax and economic incentives derive from provisions in the Revenue Act and the federal historic rehabilitation tax credits administered in coordination with the Internal Revenue Service and the National Park Service. Other relevant statutes include the American Indian Religious Freedom Act, the Religious Freedom Restoration Act where applicable, and treaty obligations recognized through cases in the United States District Court for the District of Columbia and the United States Supreme Court.
Primary federal actors include the National Park Service within the United States Department of the Interior, which administers the National Register of Historic Places and the federal historic tax credit certification program, and the Advisory Council on Historic Preservation, which oversees compliance with review requirements. Agencies with program responsibilities or permitting authority—such as the Federal Highway Administration, the Army Corps of Engineers, the Federal Emergency Management Agency, the General Services Administration, and the United States Postal Service—regularly engage with SHPOs and Tribal Historic Preservation Officers (THPOs) under NHPA processes. Nonprofit stakeholders like the National Trust for Historic Preservation, preservation advocacy groups such as the Preservation Action and the National Conference of State Historic Preservation Officers, and academic centers including the Smithsonian Institution influence program development and guidance.
Section 106 of the National Historic Preservation Act of 1966 requires federal agencies to consider effects on the National Register of Historic Places-eligible properties, coordinating with State Historic Preservation Officer, Tribal Historic Preservation Officer, and the Advisory Council on Historic Preservation to assess adverse effects and pursue avoidance, minimization, or mitigation through Memoranda of Agreement. Parallel review under the National Environmental Policy Act requires Environmental Assessments or Environmental Impact Statements prepared by agencies like the Federal Highway Administration or the Army Corps of Engineers that analyze cultural resources alongside ecological impacts. Compliance workflows draw on regulatory guidance from the National Park Service, case interpretations from the United States Court of Appeals for the Ninth Circuit and the United States Supreme Court, and consultation protocols reflecting obligations under the Native American Graves Protection and Repatriation Act and tribal consultation policies established by the Department of the Interior.
Federal funding mechanisms include Historic Preservation Fund grants administered by the National Park Service to SHPOs, grants-in-aid under the Historic Sites Act of 1935, pass-through funding involving the National Trust for Historic Preservation, and disaster recovery funds coordinated with the Federal Emergency Management Agency. Economic incentives include the Federal Historic Preservation Tax Incentives, implemented by the Internal Revenue Service and certified by the National Park Service, and grant programs under agencies like the Economic Development Administration and the National Endowment for the Humanities. Financial litigation and audit oversight involve the Government Accountability Office and federal courts such as the United States Court of Federal Claims when contractual disputes or restitution issues arise.
Enforcement and remedies arise through administrative action by agencies like the Advisory Council on Historic Preservation and the National Park Service, statutory penalties under the Archaeological Resources Protection Act of 1979 and the Native American Graves Protection and Repatriation Act, and injunctive relief in federal courts including the United States District Court for the Southern District of New York and the United States Court of Appeals for the D.C. Circuit. Landmark judicial decisions interpreting NHPA and Section 106 obligations include opinions from the United States Supreme Court and appellate rulings addressing standing, final agency action, and scope of consultation, while agency settlements and Memoranda of Agreement negotiated with litigants such as preservation NGOs and tribal governments shape national practice. Case law involving federal undertakings by the Federal Highway Administration, Federal Aviation Administration, and the Army Corps of Engineers establishes precedents on procedural compliance and substantive protection.
Federal law creates a cooperative federalism model linking the National Park Service, SHPOs in each U.S. state, and Tribal Historic Preservation Officers representing sovereign Native American tribes to implement the National Register of Historic Places program, influence local historic district ordinances administered by municipal preservation commissions, and guide state legislation modeled after federal statutes. Tribal consultation requirements under the National Historic Preservation Act of 1966 and the Native American Graves Protection and Repatriation Act affect Bureau of Indian Affairs policies and tribal cultural resource management, while grants and tax incentives drive private rehabilitation projects involving stakeholders such as the Internal Revenue Service, state historic preservation offices, and nonprofit organizations like the National Trust for Historic Preservation.
Category:Historic preservation law of the United States