National Historic Preservation Act

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 government agencies to evaluate the impact of all government-funded construction projects through a process known as Section 106 Review.

History

The National Historic Preservation Act (NHPA) was enacted due to public concern that so many of the nation's historic resources were not receiving adequate attention from the federal government. For example, the contreversial demolition of New York City's landmark Pennsylvania Station, in 1964, is often cited as a key event that increased public awareness of historic preservation issues. The NHPA significantly expanded the role of federal government's ability to preserve historic resources, established by the much earlier National Antiquities Act. Having been strengthened and expanded by several amendments, the NHPA today is the basis of America's historic preservation policy.[1]

The Section 106 Review Process

Section 106 of the National Historic Preservation Act mandates that all federally-funded projects that will impact sites listed on, or eligible for listing on, the National Register of Historic Places undergo a review process. Although this process is not binding, it allows interested parties an opportunity to comment on projects.

If the project is believed to have no adverse affect on eligible historic resources, the applicable agency is required to document this. Alternatively, if an adverse affect 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. Ideally, a Memorandum of Agreement is reached between all consulting parties, but this is not always the case.

References

• Text of the National Historic Preservation Act of 1966
• The regulations implementing Section 106 can be found in 36 CFR Part 800