National Historic Preservation Act of 1966
Encyclopedia
The National Historic Preservation Act (NHPA; Public Law 89-665; 16 U.S.C. 470 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.
was in shambles. His nephew attempted to sell it to the federal government for $200,000, but no one bought it. To prevent further destruction or conversion to a resort, Ann Pamela Cunningham created 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, not only does this house 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 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 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. “Over the past fifty years the NPS has acquired more than 26000000 acres (105,218.4 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.”
By 1935, Congress formed the Historic Sites Act
that established a national policy for preservation and permitted the Secretary of Interior to create programs on behalf of preservation efforts. Historic American Building Survey (HABS), one of the established programs, provided jobs for architects, engineers, and surveyors who suffered from the Great Depression era. They were to record, document, interpret, and survey historic properties. The Historic Sites Act, also, organized the national parks under the National Park Service, which created the foundation for the future development of National Register of Historic Places. Although the Antiquities Act and Historic Sites Act were major stepping stones for the preservation movement, it did not create a public “national awareness.”
On October 26, 1949, President Truman signed the National Trust for Historic Preservation act “to facilitate public participation in the preservation of sites, buildings, and objects of national significance or international interest." In addition, the bill 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 are able to offer funds for planning and education, providing a plethora of information, techniques, and methods to assist people in applying preservation locally.
, which provided 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, the Kennedy administration 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 city 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 “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.
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 twenty members from both public and private sectors, with the head typically 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 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.
Enforced by the NHPA, any federal agency that may damage historic property, especially those listed on 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.
(NEPA) opened more opportunities for the NHPA to take effect. The NEPA protects a larger amount of area of property compared to the NHPA, because it includes the environment around it, which will sometimes inherently include historic sites. In 1976, Congress extended the Section 106 review process to include buildings, archaeological sites, and other historic resources eligible for listing, not just those already on the the National Register of Historic Places. In 1980, Section 110 was added. It added further requirements for federal agencies such as the need to establish their own internally-staffed historic preservation programs. In 1992, amendments increased protection for Native American and Native Hawaiian preservation efforts.
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 economy. These jobs create new businesses, tourism, increase property values, and enhanced quality of life.
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 employeed 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 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. As a result, most cultural resource management firms (as well as environmental consulting firms which possess a cultural resource management component) staff masters-degreed professionals to manage particular projects while typically a PhD-level professional may maintain oversight of several projects. Additionally, the basic field work often required in support of performing the Section 106-mandated inventories of cultural resources is conducted by individuals with or earning bachelors 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, CRM is still one of the lowest paying fields for educated professionals.
“There is a need in every generation to study the past, to absorb its spirit, to preserve its messages...it’s a collaboration of ourselves and our ancestors, the result is a deeper understanding for individuals and in consequence, a broader culture for the nation.”
“Americans aware of the value inherent in many older structures: not that they are old, but that they contains so much of ourselves. This awareness of human values, whether conscious or hidden behind the expression of other motivations, plays a real part in the growing movement for preservation of older structure.”
“Recognizing that increased knowledge and better administration of historic resources would improve the planning and execution of Federal undertakings and benefit economic growth and development nationwide.”
“If the preservation movement is to be successful...it must attempt to give a sense of orientation to our society, using structures, and objects of the past to establish values of time and place.”
Archaeology
Archaeology, or archeology , is the study of human society, primarily through the recovery and analysis of the material culture and environmental data that they have left behind, which includes artifacts, architecture, biofacts and cultural landscapes...
sites in the United States of America. The act created the National Register of Historic Places
National Register of Historic Places
The National Register of Historic Places is the United States government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation...
, 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.
Early development
Preservation is a rather early development in America. 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 when George Washington’s home, Mount VernonMount Vernon
The name Mount Vernon is a dedication to the English Vice-Admiral Edward Vernon. It was first applied to Mount Vernon, the Virginia estate of George Washington, the first President of the United States...
was in shambles. His nephew attempted to sell it to the federal government for $200,000, but no one bought it. To prevent further destruction or conversion to a resort, Ann Pamela Cunningham created 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, not only does this house 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 Roosevelt signed the Antiquities Act
Antiquities Act
The Antiquities Act of 1906, officially An Act for the Preservation of American Antiquities , is an act passed by the United States Congress and signed into law by Theodore Roosevelt on June 8, 1906, giving the President of the United States authority to, by executive order, restrict the use of...
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 Interior established a new entity known as the National Park Service
National Park Service
The National Park Service is the U.S. federal agency that manages all national parks, many national monuments, and other conservation and historical properties with various title designations...
, the nation’s first agency to regulate and manage public space, including the national monuments. “Over the past fifty years the NPS has acquired more than 26000000 acres (105,218.4 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.”
By 1935, Congress formed the Historic Sites Act
Historic Sites Act
The Historic Sites Act of 1935 was enacted by the United States Congress largely to organize the myriad federally-own parks, monuments, and historic sites under the National Park Service and the United States Secretary of the Interior...
that established a national policy for preservation and permitted the Secretary of Interior to create programs on behalf of preservation efforts. Historic American Building Survey (HABS), one of the established programs, provided jobs for architects, engineers, and surveyors who suffered from the Great Depression era. They were to record, document, interpret, and survey historic properties. The Historic Sites Act, also, organized the national parks under the National Park Service, which created the foundation for the future development of National Register of Historic Places. Although the Antiquities Act and Historic Sites Act were major stepping stones for the preservation movement, it did not create a public “national awareness.”
On October 26, 1949, President Truman signed the National Trust for Historic Preservation act “to facilitate public participation in the preservation of sites, buildings, and objects of national significance or international interest." In addition, the bill enforced public participation in preserving and protecting the sites, buildings, objects of national significance in American history.” Initially, the National Trust for Historic Preservation
National Trust for Historic Preservation
The National Trust for Historic Preservation is an American member-supported organization that was founded in 1949 by congressional charter to support preservation of historic buildings and neighborhoods through a range of programs and activities, including the publication of Preservation...
did not provide funds for preservation projects. Today, they are able to offer funds for planning and education, providing a plethora of information, techniques, and methods to assist people in applying preservation locally.
Post WWII and Urban Renewal
In 1956, President Eisenhower signed into law the National Interstate and Defense Highways Act of 1956 which established the interstate highway systemInterstate Highway System
The Dwight D. Eisenhower National System of Interstate and Defense Highways, , is a network of limited-access roads including freeways, highways, and expressways forming part of the National Highway System of the United States of America...
, which provided 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, the Kennedy administration 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 city 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
Lady Bird Johnson
Claudia Alta "Lady Bird" Taylor Johnson was First Lady of the United States from 1963 to 1969 during the presidency of her husband Lyndon B. Johnson. Throughout her life, she was an advocate for beautification of the nation's cities and highways and conservation of natural resources and made that...
analyzed the country and the effects of urban renewal. With Heritage So Rich, an accumulation of essays, wrote an “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.
National Historic Preservation Act
The National Historic Preservation Act was signed into a bill by Lyndon B. JohnsonLyndon B. Johnson
Lyndon Baines Johnson , often referred to as LBJ, was the 36th President of the United States after his service as the 37th Vice President of the United States...
on October 15, 1966. This act established several institutions: Advisory Council on Historic Preservation
Advisory Council on Historic Preservation
The Advisory Council on Historic Preservation 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 goal of the...
, 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 twenty members from both public and private sectors, with the head typically 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
National Register of Historic Places
The National Register of Historic Places is the United States government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation...
, overseen by the National Park Service, is 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 Review Process
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.Enforced by the NHPA, any federal agency that may damage historic property, especially those listed on the National Register of Historic Places
National Register of Historic Places
The National Register of Historic Places is the United States government's official list of districts, sites, buildings, structures, and objects deemed worthy of preservation...
, 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.
Later amendments
The NHPA of 1966 made a huge impact in the communities and cities of America. Later amendments only strengthened the previously developed act. In 1969, the National Environmental Policy ActNational Environmental Policy Act
The National Environmental Policy Act is a United States environmental law that established a U.S. national policy promoting the enhancement of the environment and also established the President's Council on Environmental Quality ....
(NEPA) opened more opportunities for the NHPA to take effect. The NEPA protects a larger amount of area of property compared to the NHPA, because it includes the environment around it, which will sometimes inherently include historic sites. In 1976, Congress extended the Section 106 review process to include buildings, archaeological sites, and other historic resources eligible for listing, not just those already on the the National Register of Historic Places. In 1980, Section 110 was added. It added further requirements for federal agencies such as the need to establish their own internally-staffed historic preservation programs. In 1992, amendments increased protection for Native American and Native Hawaiian preservation efforts.
Motives
Early preservation was driven by patriotism and a desire to protect the new establishment of a nation by wealthy, private individuals. Early preservation efforts focused primarily on the individual building verses an area, such as the downtown or a section of a city. The saved buildings were often turned into house museums and created tourism and showcases. The focus eventually shifted from patriotism to the mere aesthetics of a building, then to the structural relationships to the society. Today, unlike yesterday, anyone in their community can fight for preservation as a whole. According to Datel, today’s motivations are boiled to four issues:- to retain diverse elements of past
- to perpetuate the distinctive identities of places
- to involve amateurs in landscape care
- to practice a conservation approach to environmental change.
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 economy. These jobs create new businesses, tourism, increase property values, and enhanced quality of life.
Effects of the NHPA
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 (CRM). 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 employeed 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 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. As a result, most cultural resource management firms (as well as environmental consulting firms which possess a cultural resource management component) staff masters-degreed professionals to manage particular projects while typically a PhD-level professional may maintain oversight of several projects. Additionally, the basic field work often required in support of performing the Section 106-mandated inventories of cultural resources is conducted by individuals with or earning bachelors 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, CRM is still one of the lowest paying fields for educated professionals.
Quotes
“Preservation...this reaching back and looking forward may enable current residents to feel that they are part of a continuum and to achieve a “sense of stability and belonging.”“There is a need in every generation to study the past, to absorb its spirit, to preserve its messages...it’s a collaboration of ourselves and our ancestors, the result is a deeper understanding for individuals and in consequence, a broader culture for the nation.”
“Americans aware of the value inherent in many older structures: not that they are old, but that they contains so much of ourselves. This awareness of human values, whether conscious or hidden behind the expression of other motivations, plays a real part in the growing movement for preservation of older structure.”
“Recognizing that increased knowledge and better administration of historic resources would improve the planning and execution of Federal undertakings and benefit economic growth and development nationwide.”
“If the preservation movement is to be successful...it must attempt to give a sense of orientation to our society, using structures, and objects of the past to establish values of time and place.”