State and federal laws relating to historic preservation. National historic preservation act of 1966 federal historic preservation laws 35 this act became law on october 15, 1966 public law 89665, october 15, 1966. The agency also houses the main street arkansas program, which works with local communities to revitalize downtown commercial areas. Federal and state historic preservation and cemetery laws. The itineraries were first created in 2004 to educate hoosiers and visitors about unique places and garner recognition for the locations. Municipalities in new jersey obtain their authority to identify, evaluate, designate, and regulate historic resources individual sites and districts from the municipal land use law mlul, the enabling legislation for municipal land use and development planning, zoning, and, since 1986, historic preservation zoning. Agencies are reminded that they are responsible for consultation with parties other than the shpo, including tribal governments, tribal historic preservation officers thpos.
Federal historic preservation laws internet archive. Federal register topics cfr indexing terms historic. Abandoned shipwreck act of 1987 pdf american antiquities act of 1906 pdf american battlefield protection act of 1996 pdf american indian religious freedom act of 1978 pdf archeological and historic preservation act of 1974 pdf archaeological resources. Federal historic preservation laws this fourth version of federal historic preservation laws contains 24 federal laws and portions of laws that pertain to the preservation of the nations cultural heritage. The arkansas historic preservation program identifies, evaluates, registers, and preserves the states historic and cultural resources and seeks to instill a preservation ethic in future generations of arkansans. Section 106 of the national historic preservation act of 1966 is the most wellknown of these laws. Federal and state historic preservation and cemetery laws note. The proposed changes would implement the 2016 amendments to the national historic preservation act, extend the timeline for the keeper to respond to appeals. Federal historic preservation laws, regulations, and. The national park service proposes to revise regulations governing the listing of properties in the national register of historic places. California historical bridges and tunnels caltrans. This fifth version of federal historic preservation laws contains 28 federal laws and portions of laws that pertain to the preservation of the united states cultural heritage. Historic preservation ordinances offer the greatest protection for historic resources. This chapter identifies caltrans cultural resources policies and directs all units of the department to follow these policies.
Archeological resources protection act of 1979 pdf digest of federal resource laws. The federal historic preservation laws pdf publication is an anthology of federal laws and portions of laws related to the preservation of the united states cultural heritage. The guidance points are especially useful for consultants and applicants working at behest of state and federal agencies complying with historic preservation laws. Arranged chronologically, the laws trace the evolution of historic preservation philosophy and. Federal historic preservation laws the federal national historic preservation act is codified at 16 u. Bill callahan, state historic preservation office, nshs nebraska history what makes this book especially valuable is the author. The national historic preservation act and the national park service. Section 110 defines the broad requirements for preservation programs in federal agencies. Like all other federal agencies, va is legally and financially responsible for managing a wide range of cultural resources under its care, and for controlling the impacts of its projects and programs on such resources. These are the national historic preservation act of 1966 pdf, as amended 2000, and native american graves protection and repatriation act of november 16, 1990 pdf. Federal lands include lakes and lands managed by the army corps of engineers or the bureau of land management. Federal legal requirements relating to archaeology introduction. The most comprehensive of these statutes is the national historic preservation act of. Federal laws section 106 of the national historic preservation act 16 u.
Archaeologists should follow federal landmanaging agency survey and reporting guidelines. National historic preservation act of 1966 36 federal historic preservation laws national historic preservation act of 1966 federal historic preservation laws 37 criteria for national register and national historic landmarks and regulations 2 the secretary in consultation with national historical and archaeological associations, shall establish. For a general discussion of federal laws and conventions impacting historic preservation, see marilyn phelan, a synopsis of the laws protecting our cultural heritage, 28 n ew e ng. These laws developed over the course of the 20th century, beginning with the protection of cultural sites on federal lands. Federal historic preservation laws is an invaluable and authoritative compendium of key statutes dealing with historic preservation. The national environmental policy act of 1969 declares that it is a federal policy to preserve important historic. Federal laws preservation law historic preservation. As the state historic preservation office, shpo advises and assists federal agencies in carrying out their responsibilities under section 106 through. The contents and opinions do not necessarily reflect the views. It summarizes federal and state historic preservation laws and provides general background information on cultural resources management. This memorandum discusses state and federal statutes that may be applicable to the historic preservation of buildings and requirements that govern the preservation and demolition of such structures. National historic preservation act of 1966 pdf native american graves protection and repatriation act. The national historic preservation act as amended through december 16, 2016 and codified in title 54 of the united states code the national historic preservation act act became law on october 15, 1966, public law 89 665, and was codified in title 16 of the united states code.
National conference of state historic preservation officers. However, this listing does include several that directly pertain to land use in virginia and the operation of local governments. Federal preservation laws national trust for historic. State historic preservation laws north dakota century code ndcc section 550207, included in chapter 5502 which governs.
Section 106 of the national historic preservation act, 54 u. Continue reading this page to learn about the united states codes title 54, the new location for many national park servicerelated laws. Such laws are generally restricted to protecting cultural resources that may be threatened by federal andor state funded or permitted projects. The national register of historic places is authorized in the national historic preservation act of. In the 1970s, the federal highway administration fhwa recognized that it was inefficient to continue to evaluate each historic bridge on a casebycase basis. The federal emergency management agency fema ensures compliance with applicable federal historic preservation laws and regulations and integrates these compliance requirements into its mission of preparedness, response, recovery, and mitigation. It authorizes the president to designate as national monuments historic and natural resources of national significance located on federally owned or. The national park service provides an overview of federal historic preservation laws affecting federal archeology and preservation. Arranged chronologically, this publication demonstrates how the body of law has developed and grown over the course of the 20. It is illegal to surface collect, metal detect, or dig on any federal lands without a federal permit. As the state historic preservation office, shpo advises and assists federal agencies in carrying. Under the pennsylvania history code and the national historic preservation act, the pennsylvania historical and museum commission phmc, the commonwealths official history agency, is designated as the state historic preservation office shpo. This publication has been financed in part with federal funds from the national park service, department of the interior, under the national historic preservation act of 1966, as amended, and administered by the california office of historic preservation.
Local historic preservation laws may cover properties of purely local historic int erest, as well as t hose l isted on the national and state registers, or both. It authorizes the president to designate as national monuments historic and natural resources of national significance located on federally owned or controlled land. The second federal historic preservation law, the historic sites act of 1935, made. To maintain professional standards, we also recommend using the shpo report standards for projects conducted on private land. Local preservation laws national trust for historic. Historic preservation laws at a glance federal laws. There are two important federal acts that have an influence on historic properties and native american graves. Federal historic preservation laws, regulations, and orders federal historic preservation tax incentives program national historic preservation act of 1966 background national historic preservation act of 1966, as amended through 2006 text national environmental policy act nepa. Federal historic preservation laws, regulations, and orders. The national register of historic places is the official list of the nations cultural resources worthy of preservation. An overview during the 20th century, congress passed several laws that established a framework for federal historic preservation activities. Section 106 of the national historic preservation act.
New itineraries are unveiled in may during historic preservation month. Section 106 of the national historic preservation act nhpa of 1966 as amended requires federal agencies to take into account the effects of their undertakings on historic properties. Two other federal laws significantly impact historic preservation. Section 106 of the national historic preservation act requires fema. Section 1 of the national historic preservation act, pub.
Section 106 of the national historic preservation act and its implementing regulations at 36 cfr part 800 pdf require federal agencies to consider historic resources in the planning and execution of their projects. Background on federal historic preservation legislation. The most comprehensive of these statutes is the national historic preservation act of 1966 nhpa. The fifth edition is now available online as a pdf above and is the definitive collection of cultural resource management and historic preservation laws in the us. Standards for inventory documents submitted for shpo. Section 106 requires federal agencies to consider the effect of their activities on historic properties and to afford the advisory council on historic preservation the opportunity to comment on those activities. The commission also consolidates historic preservation requirements in a single new rule. Applies only to federal agency actions must integrate section 106 considerations section 106 of the national historic preservation act applies to federal undertakings funding, approval, or agency projects typically, if nepa applies, then so does section 106 3. Document, government publication, national government publication, internet resource. Ceqa and federal laws california preservation foundation. Environmental planning and historic preservation compliance. In practice, this provision is administered under regulations defined in 36 cfr 800, which require that federal agencies consult with. The listing below does not comprise all historic preservation laws. Federal agency responsible for the protection of historic resources, including archeological resources, to ensure that all actions taken by employees or contractors of the agency shall meet professional standards under regulations developed by the secretary.
The shpo administers all official state historic preservation programs and activities. This edition contains 24 federal laws and portions of laws that pertain to the preservation of the nations cultural heritage. It contains 24 federal laws and portions of laws that pertain to the preservation of the nations cultural heritage. In specific response to the destruction wrought by federal projects, section 106 of the act ordered federal agencies to consider the effects of their undertakings on. Federal laws and acts protecting burial sites phmc. The national environmental policy act nepa, codified at 42 u. Obtaining status as a clg may help a local government encourage, develop, and maintain its local preservation efforts in coordination with local land use planning. Rehabilitating historic properties for state and federal. The antiquities act of 1906 provides for the protection of historic, prehistoric, and scientific features located on federal lands.
Arranged chronologically, this publication demonstrates how the body of law has developed and grown over the course of the 20th century and beyond. Federal historic preservation laws national park service. Federal register national register of historic places. The national historic preservation act advisory council on historic. The series, which began in 2000, shares the shpo staffs research and experience on historic preservation issues in arizona with audiences identified in the state plan. From 1976 throughdecember of 20141, 398 national register properties in north carolina were. The technical preservation services branch of the national park service nps represents the agency responsible for certifying historic structures and rehabilitation work. Proposed revisions to the secretary of the interiors standards and guidelines for federal agency historic. Planning welcome to the arkansas historic preservation. Laws and policies refuge planning fish and wildlife. Historic preservation laws are important tools that can. Many old bridges need to be rehabilitated or replaced every year, and virtually all of these projects were federallyfunded and subject to federal historic preservation laws. Federal laws preservation law historic preservation state. Laced with humor, thoughtprovoking and sometimes controversial prose, and simplified examples, federal planning and historic places should assist anyone who wishes to learn about the 106 process.
1427 796 682 1576 1100 1185 1413 313 1491 257 238 857 277 835 60 1383 145 1129 611 1138 1529 819 1474 727 245 1578 504 1492 305 567 435 104 979 1335