|Long title||An Act to establish a program for the preservation of additional historical properties through-out the Nation, and for other purposes.|
|Enacted by||the 89th United States Congress|
|Effective||October 15, 1966|
|Statutes at Large||80 Stat. 915|
|Titles amended||54 U.S.C.: National Park Service and Related Programs|
|U.S.C. sections created||16 U.S.C. ch. 1A,subch. II § 470 et seq.|
The National Historic Preservation Act (NHPA; Public Law 89-665; 54 U.S.C. 300101 et seq.) is legislation intended to preserve historical and archaeological sites in the United States of America. The act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices.
Senate Bill 3035, the National Historic Preservation Act, was signed into law on October 15, 1966, and is the most far-reaching preservation legislation ever enacted in the United States. Several amendments have been made since. Among other things, the act requires federal agencies to evaluate the impact of all federally funded or permitted projects on historic properties (buildings, archaeological sites, etc.) through a process known as Section 106 Review.
Many of the historic preservation provisions that had been in 16 U.S.C. are in 54 U.S.C. § 300101 through § 320303 by Public Law 113–287 of December 19, 2014.
Prior to the 1960s, "historic preservation was," according to a 2015 column in The Washington Post , "neither a public policy issue nor part of America's architectural, planning and real estate development culture. Historic-preservation laws didn't exist."Although there was no national policy regarding preservation until 1966, efforts in the 19th century initiated the journey towards legislation. One of the earliest efforts of the preservation movement occurred around the 1850s. President George Washington's home, Mount Vernon, was in shambles. His nephew attempted to sell it to the federal government for $200,000, but the government did not authorize such a purchase.. To prevent further destruction or conversion of the property to a resort, Ann Pamela Cunningham founded the Mount Vernon Ladies' Association to fight for this house. After establishing the first group promoting preservation efforts, they raised the money to acquire the property and protect it from ruin. Due to their efforts, this house has come to stand to represent the nation and the birth of independence, but it also, "served as a blueprint for later organizations."
In 1906, an act was passed on the behalf of the nation's history and land. President Teddy Roosevelt signed the Antiquities Act that "prohibited the excavation of antiquities from public lands without a permit from the Secretary of Interior."It also gave the president authority to declare a specific piece of land a national monument, therefore protecting it from scavengers and proclaiming national identity.
In 1916, the Department of the Interior established a new entity known as the National Park Service, the nation's first agency to regulate and manage public space, including the national monuments. 26,000,000 acres (110,000 km2) of land, including not only the great chain of parks preserved for their natural beauty and value, but an extraordinary variety of historic buildings, monuments, and sites.""Over the past fifty years the NPS has acquired more than
By 1935, Congress passed the Historic Sites Act, which established a national policy for preservation and permitted the Secretary of Interior to create programs on behalf of preservation efforts.During the Great Depression era, the Historic American Buildings Survey (HABS) was established by the Franklin D. Roosevelt Administration. It provided jobs for unemployed architects, engineers, and surveyors . They were charged with surveying, recording, documenting, and interpreting historic properties, creating an invaluable documentation of numerous buildings and other structures. The Historic Sites Act also organized the national parks under the National Park Service, which created the foundation for the future development of the National Register of Historic Places. Although the Antiquities Act and Historic Sites Act were major stepping stones for the preservation movement, these did not create a broad public "national awareness."
On October 26, 1949, President Harry Truman signed legislation creating the National Trust for Historic Preservation "to facilitate public participation in the preservation of sites, buildings, and objects of national significance or international interest." In addition, the law "enforced public participation in preserving and protecting the sites, buildings, objects of national significance in American history."Initially, the National Trust for Historic Preservation did not provide funds for preservation projects. Today, they offer funds for planning and education and provide a plethora of information, techniques, and methods to assist people in carrying out preservation efforts locally.
In 1956, President Dwight D. Eisenhower signed the Federal Aid Highway Act of 1956 into law which established the Interstate Highway System, providing an easy and efficient way for troops to depart if under attack. Due to this new construction, many historic properties were destroyed. In the 1960s, President John F. Kennedy launched the Urban Renewal Program. Hoping the plan would rejuvenate the cities, it in fact increased the destruction in the downtown areas.The increase in population around this time, as well, and the manufacturing of cars called for a rapid change, therefore hindering our nation and its culture. "With the urbanization, tear downs, and rebuilding America ... it is destroying the physical evidence of the past." During the 1950s and 1960s, people saw the negative changes in their cities and developed a concern for their "quality of life that reflected their identity."
As a response to the nationwide destruction brought about by federally initiated programs, a report coordinated by Lady Bird Johnson analyzed the country and the effects of urban renewal. With Heritage So Rich, an accumulation of essays, wrote "an expansive inventory of properties reflecting the nation's heritage, a mechanism to protect those properties from unnecessary harm caused by federal activities, a program of financial incentives, and an independent federal preservation body to coordinate the actions of federal agencies affecting historic preservation."The book triggered public awareness of the issue and offered a proposition to handle the situation through the National Historic Preservation Act.
The National Historic Preservation Act was signed into law by Lyndon B. Johnson on October 15, 1966.This act established several institutions: Advisory Council on Historic Preservation, State Historic Preservation Office, National Register of Historic Places, and the Section 106 review process. The Section 106 Process is further explained and defined in 36 CFR Part 800.
Meeting four times a year, the Advisory Council on Historic Preservation consists of 23 members from both public and private sectors, with the chairman appointed by the president.The Council's role is to advise the President and Congress on historic preservation issues, to develop policies and guidelines handling any conflicts of federal agencies, and to participate in the Section 106 review process.
The National Register of Historic Places, overseen by the National Park Service, is the nation's official list of districts, sites, buildings, structures, and objects worthy of preservation,and are officially designated "historic properties" regardless of whether they are archaeological or historic. To be eligible for listing, a property must meet one of four criteria and have sufficient integrity. Being listed on or eligible for listing on the National Register does not automatically prevent damage or destruction but it qualifies these approved properties for grants, loans, and tax incentives.
The State Historic Preservation Office (SHPO) and Officer was established by the NHPA to coordinate statewide inventory of historic properties, nominate properties to the National Register, maintain a statewide preservation plan, assist others, and advise and educate locals.There are a total of 59 SHPO officers, one for each state with eight additional ones, which include the District of Columbia, Puerto Rico, the Virgin Islands, and others.
Section 106 of the National Historic Preservation Act mandates federal agencies undergo a review process for all federally funded and permitted projects that will impact sites listed on, or eligible for listing on, the National Register of Historic Places. Specifically it requires the federal agency to "take into account" the effect a project may have on historic properties. It allows interested parties an opportunity to comment on the potential impact projects may have on significant archaeological or historic sites. The main purpose for the establishment of the Section 106 review process is to minimize potential harm and damage to historic properties.
Any federal agency whose project, funding or permit may affect a historic property, both those listed or eligible for inclusion in the National Register of Historic Places, must consider the effects on historic properties and "seek ways to avoid, minimize or mitigate" any adverse effects on historic properties. The typical Section 106 Review involves four primary steps: 1 - Initiation of the Section 106 Review; 2 - Identification of Historic Properties; 3 - Assessment of Adverse Effects; and 4 - Resolution of Adverse Effects. Further steps may be required if there is a disagreement among the consulting parties on adverse effects or the resolution of the effects.
The federal agency overseeing the project inventories the project area (or contracts with a qualified consultant) to determine the presence or absence of historic properties. They then submit to the SHPO a Determination of Effect/Finding of Effect (DOE/FOE) outlining to the SHPO the project, the efforts taken identify historic properties, and what effects, if any, the project may have on historic properties. If the project is believed to have no adverse effect on eligible historic resources and the SHPO and other consulting parties agree, then the Section 106 process is effectively closed and the project may proceed. Alternatively, if an adverse effect is expected, the agency is required to work with the local State Historic Preservation Office to ensure that all interested parties are given an opportunity to review the proposed work and provide comments. This step seeks ways for the project to avoid having an adverse effect on historic properties. Ideally, a Memorandum of Agreement is reached between all consulting parties outlining agreed to mitigation or avoidance of historic properties, but this is not always the case. Without this process historical properties would lose a significant protection. This process helps decide different approaches and solutions to the project, but does not prevent any site from demolition or alteration.
Early preservation efforts were driven by patriotism and a desire to protect the new establishment of the nation by wealthy, private individuals. Early efforts focused primarily on individual structures as opposed to areas such as a neighborhood in a city or a rural landscape. The preserved structures were often turned into museums to create a showcase and generate tourism.The focus of preservation eventually shifted from patriotism to the aesthetics of a structure or area and ultimately to their structural relationships with society at large. According to Robin Elizabeth Datel, modern motivations for preservation can be summed up in four points:
The economic benefits of preservation continue to become more important and better understood and documented. Preservation efforts produce the most number of jobs in the nation's economyand these jobs create new businesses and tourism, increase property values, and enhanced the quality of life in a community.
The National Historic Preservation Act has led to major changes in the employment trends in historic preservation fields. Archaeologists, historians, historic architects, and others have been employed in vast numbers in the field of cultural resource management. Cultural resource management is an umbrella term which encompasses archaeology, historic preservation and other disciplines when employed for the purposes of compliance with NHPA and other federal and state-mandated historic preservation laws.
Prior to the passage and subsequent enforcement (through litigation) of the National Historic Preservation Act of 1966 and other laws, most archaeologists, historians, and other historic preservation specialists were employed primarily in the field of academia, working at universities or other places of higher learning. However, since the passage of the NHPA, ever-increasing numbers of these professionals are employed in support of the cultural resources management industry. Large public works projects often require that teams of archaeologists perform limited excavations in order to properly inventory buried archaeological remains and assess their eligibility for the National Register of Historic Places. This industry has also allowed a larger swath of individuals to participate in archaeology and history as, unlike in the academic arena, a PhD is not required to earn a professional livelihood.
The Secretary of the Interior's Professional Qualification Standards for archeologists require a graduate degree plus at least one year of full-time experience, at least four months of fieldwork, and demonstrated ability to carry research to completion. Additionally, the basic field work often required in support of performing inventories of cultural resources is conducted by individuals with or earning bachelor's degrees. As a result, many undergraduates and recent graduates in the fields which support the implementation of the National Historic Preservation Act have found gainful employment. In the past, they stood little chance of earning a living in these fields without an advanced degree. However, Cultural Resource Management (CRM) is still one of the lowest paying fields for educated professionals.
The National Register of Historic Places (NRHP) is the United States federal government's official list of districts, sites, buildings, structures and objects deemed worthy of preservation for their historical significance. A property listed in the National Register, or located within a National Register Historic District, may qualify for tax incentives derived from the total value of expenses incurred in preserving the property.
In the broadest sense, cultural resource management (CRM) is the vocation and practice of managing cultural resources, such as the arts and heritage. It incorporates Cultural Heritage Management which is concerned with traditional and historic culture. It also delves into the material culture of archaeology. Cultural resource management encompasses current culture, including progressive and innovative culture, such as urban culture, rather than simply preserving and presenting traditional forms of culture.
A historic house generally meets several criteria before being listed by an official body as "historic." Generally the building is at least a certain age, depending on the rules for the individual list. A second factor is that the building be in recognizably the same form as when it became historic. Third is a requirement that either an event of historical importance happened at the site, or that a person of historical significance was associated with the site, or that the building itself is important for its architecture or interior.
Historic preservation (US), heritage preservation or heritage conservation (UK), is an endeavour that seeks to preserve, conserve and protect buildings, objects, landscapes or other artifacts of historical significance. It is a philosophical concept that became popular in the twentieth century, which maintains that cities as products of centuries’ development should be obligated to protect their patrimonial legacy. This term refers specifically to the preservation of the built environment, and not to preservation of, for example, primeval forests or wilderness.
The Advisory Council on Historic Preservation (ACHP) is an independent agency of the United States government that promotes the preservation, enhancement, and productive use of the nation's historic resources, and advises the President and Congress on national historic preservation policy.
The State Historic Preservation Office (SHPO) is a state governmental function created by the United States federal government in 1966 under Section 101 of the National Historic Preservation Act (NHPA). The purposes of a SHPO include surveying and recognizing historic properties, reviewing nominations for properties to be included in the National Register of Historic Places, reviewing undertakings for the impact on the properties as well as supporting federal organizations, state and local governments, and private sector. States are responsible for setting up their own SHPO; therefore, each SHPO varies slightly on rules and regulations. To link these differences with the SHPOs, the National Conference of State Historic Preservation Officers (NCSHPO) was created as a “point of contact” according to the National Historic Preservation Act.
Cultural heritage management (CHM) is the vocation and practice of managing cultural heritage. It is a branch of cultural resources management (CRM), although it also draws on the practices of cultural conservation, restoration, museology, archaeology, history and architecture. While the term cultural heritage is generally used in Europe, in the USA the term cultural resources is in more general use specifically referring to cultural heritage resources.
Historic districts in the United States are designated historic districts recognizing a group of buildings, properties, or sites by one of several entities on different levels as historically or architecturally significant. Buildings, structures, objects and sites within a historic district are normally divided into two categories, contributing and non-contributing. Districts greatly vary in size: some have hundreds of structures, while others have just a few.
The History of the National Register of Historic Places began in 1966 when the United States government passed the National Historic Preservation Act (NHPA), which created the National Register of Historic Places (NRHP). Upon its inception, the U.S. National Park Service (NPS) became the lead agency for the Register. The Register has continued to grow through two reorganizations, one in the 1970s and one in 1980s and in 1978 the NRHP was completely transferred away from the National Park Service, it was again transmitted to the NPS in 1981.
The U.S. National Register of Historic Places (NRHP) classifies its listings by various types of properties. Listed properties generally fall into one of five categories, though there are special considerations for other types of properties which do not fit into these five broad categories or fit into more specialized subcategories. The five general categories for NRHP properties are: building, district, object, site, and structure.
The National Historic Preservation Act of 1966 (NHPA) envisioned a funding source to provide states with matching funds to implement the Act. The Act was to be implemented through partnerships with states, Indian Tribes, Native Hawaiians, local governments, nonprofit organizations, and the private sector. It brought forth state programs to implement much of the Act; a National Register of Historic Places encompassing a wide range of sites and structures deemed historic; partnerships at all levels of government; incentives; assistance; and reviews. The NHPA endorsed the use of federal financial support for the national preservation program and called for two basic categories of assistance, both of which provide funding, rather than technical assistance, for historic preservation projects and to individuals for the preservation of properties listed in the National Register of Historic Places. Since enactment in 1966, repeated efforts to fund the HPF was realized after a 10-year campaign when consistent funding was authorized on September 28, 1976, through Public Law 94-422. The law amended the National Historic Preservation Act to establish a funding source known as the Historic Preservation Fund for a historic preservation grant program to provide assistance to non-federal entities.
The Idaho State Historical Society (ISHS) is a historical society located in the U.S. state of Idaho that preserves and promotes Idaho’s cultural heritage. The society's vision is to inspire, enrich, and reach out to all Idahoans by providing leadership in the areas of preservation and dissemination of the state's dynamic cultural heritage.
The State Historical Society of Iowa (SHSI), a division of the Iowa Department of Cultural Affairs, serves as the official historical repository for the State of Iowa and also provides grants, public education, and outreach about Iowa history and archaeology. The SHSI maintains a museum, library, archives, and research center in Des Moines and a research library in Iowa City, as well as several historic sites in Iowa. It was founded in 1857 in Iowa City, where it was first affiliated with the University of Iowa. As the organization grew in size and collections, it became a separate state agency headquartered near the Iowa Capitol in Des Moines.
The Department of Archaeology and Historic Preservation (DAHP) is an independent government agency in Washington state which serves several functions, including regulatory functions. The agency inventories and regulates archaeological sites; houses Washington's State Historic Preservation Officer, State Archaeologist, State Architectural Historian and State Physical Anthropologist; maintains the Washington Heritage Register and Heritage Barn Register; provides expertise on environmental impacts to cultural resources; administers historic preservation grants for heritage barns and historic county courthouses; encourages historic preservation through local governments; provides technical assistance for historic rehabilitation and using historic preservation tax credits; and maintains extensive GIS databases to catalog the state's historic and prehistoric cultural resources.
The Tennessee Historical Commission (THC) is the State Historic Preservation Office for the U.S. state of Tennessee. Headquartered in Nashville, it is an independent state agency, administratively attached to the Department of Environment and Conservation. Its mission is to protect, preserve, interpret, maintain, and administer historic places; to encourage the inclusive diverse study of Tennessee's history for the benefit of future generations; to mark important locations, persons, and events in Tennessee history; to assist in worthy publication projects; to review, comment on and identify projects that will potentially impact historic properties; to locate, identify, record, and nominate to the National Register of Historic Places all properties which meet National Register criteria, and to implement other programs of the National Historic Preservation Act of 1966 as amended. The Tennessee Historical Commission also refers to the entity consisting of 24 Governor-appointed members and five ex officio members.
The Michigan State Historic Preservation Office is one of 59 state historic preservation offices established according to the National Historic Preservation Act of 1966 that plays a role in implementing federal historic preservation policy in the United States. The purposes of a SHPO include surveying and recognizing historic properties, reviewing nominations for properties to be included in the National Register of Historic Places, reviewing federal and state undertakings for their impact on historic resources, and supporting federal organizations, state and local governments, and private sector in historic preservation matters.
The Maryland Historical Trust is an agency of Maryland Department of Planning and serves as the Maryland State Historic Preservation Office. The agency serves to assist in research, conservation, and education,of Maryland's historical and cultural heritage.
The Recognition of Native American sacred sites in the United States could be described as "specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or Indian individual determined to be an appropriately authoritative representative of an Indian religion, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion". The sacred places are believed to "have their own 'spiritual properties and significance'". Ultimately, Indigenous peoples who practice their religion at a particular site, they hold a special and sacred attachment to that land sacred land.
The Field Archaeology Act is a state Act legislating the preservation, interpretation and protection of archaeology in the state of Minnesota, United States of America. The Act is divided into twelve sections.
The New Hampshire Division of Historical Resources (DHR) is a government agency of the U.S. state of New Hampshire. Elizabeth H. Muzzey is director of DHR and the State Historic Preservation Officer, while Sarah Stewart is commissioner of DHR's parent agency, the New Hampshire Department of Natural and Cultural Resources (DNCR). The main office of DHR is located in Concord.