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National Historic Preservation Act

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The National Historic Preservation Act ( NHPA , Pub. L.   89–665 , 80  Stat.   915 ) is legislation intended to preserve historic 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 .

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57-576: 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

114-713: A merger of the Council into the National Trust. The merger was effective the following year and was completed by 1956. The National Trust became a membership organization and assumed all other functions of the National Council. In its early years, the National Trust’s founders envisioned an organization whose primary purpose would be the acquisition and administration of historic sites, while encouraging public participation in their preservation. In 1957,

171-655: A bill to Congress, H.R. 5170, introduced by Congressman J. Hardin Peterson of Florida and passed. The private, nonprofit National Trust for Historic Preservation was formally established by charter through the Act of Congress when President Harry S. Truman signed the legislation on October 26, 1949. The charter provided that the Trust should acquire and preserve historic sites and objects of national significance and provide annual reports to Congress on its activities. Finley served as

228-631: 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

285-563: 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

342-619: A process known as Section 106 Review . Many of the historic preservation provisions that had been in 16 U.S.C. are present in 54 U.S.C.   §§ 300101 – 320303 by Pub. L.   113–287 (text) (PDF) , which was signed into law on 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

399-562: 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

456-518: 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

513-519: 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,

570-811: Is a privately funded, nonprofit organization based in Washington, D.C. , that works in the field of historic preservation in the United States . The member-supported organization was founded in 1949 by congressional charter to support the preservation of America’s diverse historic buildings, neighborhoods, and heritage through its programs, resources, and advocacy. The National Trust for Historic Preservation aims to empower local preservationists by providing leadership to save and revitalize America's historic places, and by working on both national policies as well as local preservation campaigns through its network of field offices and preservation partners, including

627-470: Is an umbrella term that 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, (architectural) historians, and other historic preservation specialists were employed primarily in

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684-507: 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

741-626: Is periodically challenged through the transportation reauthorization process, most recently during the consideration of MAP-21. Due to work by preservationists, Section 4(f) remains intact. The National Trust advocates for the preservation of historic and cultural resources on federal public lands , partnering with the Bureau of Land Management , the Forest Service , and the National Park Service . The National Trust supported

798-700: Is still one of the lowest paying fields for educated professionals. Title 54 of the United States Code Title 54 of the United States Code ( 54 U.S.C. ), entitled National Park Service and Related Programs , is the compilation of the general laws regarding the National Park Service . It is the newest title in the United States Code , added on December 19, 2014, when U.S. President Barack Obama signed H.R. 1068 into law. It has three subtitles: Title 54

855-649: 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. "Over the past fifty years the NPS has acquired more than 26,000,000 acres (110,000 km) 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 passed

912-770: The Green Mountain Lookout Heritage Protection Act , a bill that would prevent the United States Forest Service from removing a building from the Glacier Peak Wilderness Area in Washington State unless the agency determines that the structure is unsafe for visitors. The National Trust stating that it was "pleased that Congress has acted to protect this historically significant and locally cherished landmark. With this vote,

969-938: 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

1026-467: The National Gallery of Art to discuss the formation of such a national organization. This meeting was followed by a larger gathering on April 15, 1947, attended by representatives from a number of art, architectural, and historical societies , which culminated in the creation of the National Council for Historic Sites and Buildings. The meeting’s attendants became the first charter members of

1083-506: The National Park Service , State Historic Preservation Offices , and local preservation groups. The National Trust is headquartered in Washington, D.C. , with field operations located throughout the country. The organization is governed by a board of trustees and led by president & CEO, Carol Quillen. As of November 2023, the National Trust reports that it has over 1 million actively engaged visitors, followers, supporters, and advocates. In addition to leading campaigns and advocacy,

1140-477: 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

1197-665: The District of Columbia, Puerto Rico, and the U.S. Virgin Islands. To be included in the program, hotels must be at least 50 years old; designated by the U.S. Secretary of the Interior as a National Historic Landmark or listed in or eligible for listing in the National Register of Historic Places ; and recognized as having historic significance. Initiated in 2011, the National Treasures program identified historically significant landmarks that face imminent threat. With

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1254-609: The House of Representatives on April 23, 2013. No further action was taken for more than a year, until the bill passed in the Senate by unanimous consent on December 15, 2014, and was signed into law by President Obama on December 19. Title 54 Subtitle I Subtitle II Subtitle III This United States federal legislation article is a stub . You can help Misplaced Pages by expanding it . National Trust for Historic Preservation The National Trust for Historic Preservation

1311-511: 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

1368-507: 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,

1425-560: 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,

1482-617: The National Trust officially acquired its first property, Woodlawn Plantation in northern Virginia . Since then, the National Trust portfolio of historic properties and contracted affiliates has expanded to include twenty-seven historic sites, ranging from the 18th-century Drayton Hall in South Carolina to the Modernist Glass House in Connecticut . Over the next decade, the National Trust grew to become

1539-551: The National Trust opened its first field office in San Francisco. As the organization grew, the National Trust expanded its work, consisting of programs, educational resources, and advocacy. In 1980, the National Trust initiated the National Main Street Center , specializing in revitalizing historic business districts, which has since transitioned into a subsidiary. In 2010, Stephanie Meeks became

1596-685: The National Trust provides a growing educational resource through the Preservation Leadership Forum, which offers articles, journals, case studies, and conferences and training. The National Trust issues the quarterly Preservation magazine as well as online stories. The National Trust’s current work focuses on building sustainable communities through the adaptive reuse of historic spaces; preserving and empowering cultural diversity through protecting sites of cultural significance; advocating for greater stewardship of historic places on public land ; and leading innovation in

1653-413: The National Trust's first chairman of the board, remaining in the position for 12 years. Archaeologist Richard Hubbard Howland became the nonprofit's first president in 1956. The National Trust and the National Council existed side by side for several years until the need to merge resources compelled the executive committee to integrate the two entities. In 1952, the boards of both organizations approved

1710-406: The Preservation Leadership Forum, a network of preservation professionals. The National Trust for Historic Preservation created Historic Hotels of America in 1989, with 32 charter members. Historic Hotels of America identifies hotels that have maintained their authenticity, sense of place, and architectural integrity. As of June 5, 2015, the program includes over 260 members in 44 states, including

1767-478: 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)

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1824-729: 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,

1881-482: The council. The organization’s first headquarters was in the offices of Ford’s Theatre (Lincoln Museum) in downtown Washington, D.C. The Council pursued the formation of a National Trust for Historic Preservation, somewhat modeled on the British National Trust , which would be tasked with the acquisition and maintenance of historic properties. The creation of the National Trust was proposed as

1938-435: 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

1995-569: The first National Park , Yellowstone . In 1906, the Antiquities Act enabled the President to declare landmarks or objects as a national monument . Then in 1935, during the Great Depression, Congress passed the Historic Sites Act , which outlined programs for research and inventory of historic sites. Meanwhile, historic preservation initiatives existed on local and state levels. In 1931, Charleston, South Carolina created

2052-458: The first historic district for protection. However, efforts to save and maintain historic sites were still largely limited to private citizens or local groups. In the late 1940s, leaders in American historic preservation saw the need for a national organization to support local preservation efforts. In 1946, David E. Finley Jr. , George McAneny , Christopher Crittenden, and Ronald Lee met at

2109-524: The leading national organization in historic preservation. They began working with citizens and city planning officials on legislative matters, including federal, state, and municipal ordinances for historic preservation. National Trust staff also traveled to parts of the country to advise local communities on preservation projects. In 1966, Congress passed the National Historic Preservation Act , significant legislation for

2166-660: The local, state, and federal level. Current advocacy priorities are: The Historic Tax Credit (HTC) is the federal tax credit program that incentivizes the rehabilitation of historic buildings. The HTC, which has rehabilitated more than 38,700 buildings and leveraged about $ 106 billion in private investment nationwide, is in danger of being eliminated in current budget-balancing discussions in Congress. The federal Department of Transportation Act of 1966 included Section 4(f), which stipulates that planners must develop projects that protect or avoid historic resources. However, Section 4(f)

2223-474: The management of historic properties. Toward the end of the 19th century, in response to increased immigration and the broad effort of rebuilding after the Civil War , the country was developing a renewed sense of national identity and history. The government began to enact legislation for the preservation of sites and objects deemed significant to the nation’s history. In 1872, an Act of Congress established

2280-456: The most jobs in the nation's economy and 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

2337-462: 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

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2394-612: 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

2451-690: The organization’s president, replacing Richard Moe , who had led the organization for 17 years. In 2013, the National Trust headquarters moved from the Andrew Mellon Building on 1785 Massachusetts Avenue, NW in Washington D.C.’s Dupont Circle to the historic Watergate office complex . Meeks said in a statement about the move, "The selection of the Watergate demonstrates our ongoing commitment to recognizing and protecting important places from every era in American history, including

2508-577: The preservation movement. The Act also provided federal funding in support of the National Trust’s work. The funding later ceased in 1996, at which point the National Trust became entirely privately funded. Following the adoption of the National Historic Preservation Act, the National Trust broadened in its mission beyond administering historic sites. In 1969, the National Trust created the Preservation Services Fund to provide financial assistance to local preservation projects. In 1971,

2565-430: 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

2622-460: 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

2679-419: 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

2736-516: 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

2793-456: 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

2850-648: The public and eventually selected based on a range of factors, including its significance, whether there is a local group engaged in its preservation, the urgency of the threat, and potential solutions to that threat. In 2017, the Trust launched an initiative called the African American Cultural Heritage Action Fund to identify underrepresented Black cultural sites in need of funding for restoration and preservation. The program has been directed by historian Brent Leggs . The National Trust for Historic Preservation organizes

2907-594: The recent past." In 2022, the National Trust headquarters moved from the Watergate to a shared coworking space (located in a former Garfinckel's department store ) in downtown D.C. The National Trust’s programs include publication of the annual list of America's 11 Most Endangered Historic Places , first issued in 1988, which highlights endangered sites across the country. Meeks stepped down as president in December 2018. Former general counsel and chief legal officer Paul Edmondson then served as president and CEO until

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2964-479: The spring of 2023. Beginning in January of 2024, Carol Quillen , former president of Davidson College , began serving as president and CEO. First published in 1988, the National Trust’s list of America's 11 Most Endangered Historic Places is an annual list that highlights endangered historic sites across the United States. The list serves to raise national awareness of these sites. The sites are nominated by

3021-451: The support of local preservationists, the National Trust led direct action to save these sites through fundraising, coalition building, and legal advocacy. The sites were selected based on criteria including: integrity, contribution to America’s diverse history, and preservation strategies that can be applied to other sites. The portfolio of National Treasures included, for example: The National Trust’s advocacy arm works to effect policy at

3078-457: 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

3135-410: 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,

3192-852: Was prepared by the Office of the Law Revision Counsel of the United States House of Representatives , in accordance with 2 U.S.C.   § 285b . It consists of laws previously codified in Title 16 (Conservation) . H.R. 1068 was introduced on March 12, 2013, and referred to the Committee on the Judiciary of the House of Representatives . The bill was reported by the Committee on April 19, 2013, and passed by

3249-554: 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 800 . Meeting four times a year, the Advisory Council on Historic Preservation consists of 23 members from both public and private sectors, with

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