National Historic Preservation Act

-CITE-         16 USC Sec. 470

-EXPCITE-      TITLE 16, CHAPTER 1A, SUBCHAPTER II

-HEAD-         Sec. 470. Short title; Congressional finding and
               declaration of policy

-STATUTE-
(a) This subchapter may be cited as the 'National Historic Preservation Act'.
(b) The Congress finds and declares that -
        (1) the spirit and direction of the Nation are founded upon
and reflected in its historic heritage;
        (2) the historical and cultural foundations of the Nation should be
preserved as a living part of our community life and development in
order to give a sense of orientation to the American people;
        (3) historic properties significant to the Nation's heritage are
being lost or substantially altered, often inadvertently, with increasing
frequency;
        (4) the preservation of this irreplaceable heritage is in the public
interest so that its vital legacy of cultural, educational, aesthetic,
inspirational, economic, and energy benefits will be maintained and
enriched for future generations of Americans;
        (5) in the face of ever-increasing extensions of urban centers,
highways, and residential, commercial, and industrial developments,
the present governmental and nongovernmental historic preservation
programs and activities are inadequate to insure future generations
a genuine opportunity to appreciate and enjoy the rich heritage of
our Nation;
        (6) the increased knowledge of our historic resources, the
establishment of better means of identifying and administering them,
and the encouragement of their preservation will improve the
planning and execution of Federal and federally assisted projects
and will assist economic growth and development; and
        (7) although the major burdens of historic preservation have
been borne and major efforts initiated by private agencies and
individuals, and both should continue to play a vital role, it is
nevertheless necessary and appropriate for the Federal Government
to accelerate its historic preservation programs and activities, to
give maximum encouragement to agencies and individuals
undertaking preservation by private means, and to assist State and
local governments and the National Trust for Historic Preservation
in the United States to expand and accelerate their historic
preservation programs and activities.

-SOURCE-         (Pub. L. 89-665, Sec. 1, Oct. 15, 1966, 80 Stat. 915;
Pub. L. 96-515, title I, Sec. 101(a), Dec. 12, 1980, 94 Stat. 2987.)

-MISC1- AMENDMENTS
 1980 - Pub. L. 96-515 added subsec.
(a), designated existing provision as subsec.
(b), and in subsec. (b) as so designated, redesignated pars.
(a) to (d) as (1), (2), (5), and (7), respectively, in par. (1) as so
redesignated, substituted 'heritage' for 'past', and added pars.
(3), (4), and (6).
SHORT TITLE OF 1980 AMENDMENT
Section 1 of Pub. L. 96-515 provided: 'That this Act (enacting
sections 469c-2, 470-1 470a-1, 470a-2, 470h-2, 470h-3, 470u, 470v and
470w to 470w-6 of this title, amending this section and
sections 470a, 470b, 470c, 470d, 470h to 470j, 470l, 470m, and
470r to 470t of this title, and enacting provisions set out as notes
under sections 470a, 470j and 470h of this title and section 874 of
Title 40, Public Buildings, Property, and Works) may be cited as the
'National Historic Preservation Act Amendments of 1980'.'

-EXEC-   EX. ORD. NO. 11593. PROTECTION AND ENHANCEMENT OF THE
CULTURAL ENVIRONMENT
         Ex. Ord. No. 11593, May 13, 1971, 36 F.R. 8921, provided:
By virtue of the authority vested in me as President of the United States
and in furtherance of the purposes and policies of the National
Environmental Policy Act of 1969 (83 Stat. 852, 42 U.S.C. 4321 et seq.),
the National Historic Preservation Act of 1966
(80 Stat. 915, 16 U.S.C. 470 et seq.), the Historic Sites Act of 1935
(49 Stat. 666, 16 U.S.C. 461 et seq.), and the Antiquities
Act of 1906 (34 Stat. 225, 16 U.S.C. 431 et seq.), it
is ordered as follows:
Section 1. Policy. The Federal Government shall provide leadership in
preserving, restoring and maintaining the historic and cultural
environment of the Nation. Agencies of the executive branch of the
Government (hereinafter referred to as 'Federal agencies') shall
(1) administer the cultural properties under their control in a spirit of
stewardship and trusteeship for future generations,
(2)initiate measures necessary to direct their policies, plans and programs
in such a way that federally owned sites, structures, and objects of
historical, architectural or archaeological significance are preserved,
restored and maintained for the inspiration and benefit of the people, and
(3), in consultation with the Advisory Council on Historic Preservation
16 U.S.C. 470i), institute procedures to assure that Federal plans and
programs contribute to the preservation and enhancement of non-federally
owned sites, structures and objects of historical, architectural or
archaeological significance.
Sec. 2. Responsibilities of Federal agencies.  Consonant with the
provisions of the acts cited in the first paragraph of this order, the
heads of Federal agencies shall:
(a) no later than July 1, 1973, with the advice of the Secretary of the
Interior, and in cooperation with the liaison officer for historic
preservation for the State or territory involved, locate, inventory, and
nominate to the Secretary of the Interior all sites, buildings, districts,
and objects under their jurisdiction or control that appear to qualify for
listing on the National Register of Historic Places.
(b) exercise caution during the interim period until inventories and
evaluations required by subsection
(a)are completed to assure that any federally owned property that might
qualify for nomination is not inadvertently transferred, sold, demolished
or substantially altered.  The agency head shall refer any questionable
actions to the Secretary of the Interior for an opinion respecting the
property's eligibility for inclusion on the National Register of
Historic Places. The Secretary shall consult with the liaison officer
for historic preservation for the State or territory involved in arriving
at his opinion.  Where, after a reasonable period in which to review and
evaluate the property, the Secretary determines that the property is
likely to meet the criteria prescribed for listing on the National
Register of Historic Places, the Federal agency head shall reconsider
the proposal in light of
national environmental and preservation policy.  Where, after such
reconsideration, the Federal agency head proposes to transfer, sell,
demolish or substantially alter the property he shall not act with
respect to the property until the Advisory Council on Historic Preservation
shall have been provided an opportunity to comment on the proposal.
(c) initiate measures to assure that where as a result of Federal action or
assistance a property listed on the National Register of Historic Places
is to be substantially altered or demolished, timely steps be taken to make
or have made records, including measured drawings, photographs and maps, of
the property, and that copy of such records then be deposited in the Library
of Congress as part of the Historic American Buildings Survey or Historic
American Engineering Record for future use and reference.  Agencies may call
on the Department of the Interior for advice and technical assistance in
the completion of the above records.
(d) initiate measures and procedures to provide for the maintenance,
through preservation, rehabilitation, or restoration, of federally owned and
registered sites at professional standards prescribed by
the Secretary of the Interior.
(e) submit procedures required pursuant to subsection
(d) to the Secretary of the Interior and to the Advisory Council on Historic
Preservation no later than January 1, 1972, and annually thereafter, for
review and comment.
(f) cooperate with purchasers and transferees of a property listed on the
National Register of Historic Places in the development of viable plans
to use such property in a manner compatible with preservation objectives
and which does not result in an unreasonable economic burden to public or
private interests.
Sec. 3. Responsibilities of the Secretary of the Interior. The Secretary
of the Interior shall:
(a) encourage State and local historic preservation officials to evaluate
and survey federally owned historic properties and, where appropriate, to
nominate such properties for listing on the National Register of Historic
Places.
(b) develop criteria and procedures to be applied by Federal agencies
in the reviews and nominations required by section 2(a).  Such criteria
and procedures shall be developed in consultation with the affected
agencies.
(c) expedite action upon nominations to the National Register of Historic
Places concerning federally owned properties proposed for sale, transfer,
demolition or substantial alteration.
(d) encourage State and Territorial liaison officers for historic
preservation to furnish information upon request to Federal agencies
regarding their properties which have been evaluated with respect to
historic, architectural or archaeological significance and which as a
result of such evaluations have not been found suitable for listing on
the National Register of Historic Places.
(e) develop and make available to Federal agencies and State and local
governments information concerning professional methods and techniques for
preserving, improving, restoring and maintaining historic properties.
(f) advise Federal agencies in the evaluation, identification, preservation,
improvement, restoration and maintenance of historic properties.
(g) review and evaluate the plans of transferees of surplus Federal
properties transferred for historic monument purposes to assure that the
historic character of such properties is preserved in rehabilitation,
restoration, improvement, maintenance and repair of such properties.
(h) review and comment upon Federal agency procedures submitted pursuant to
section 2(e) of this order.
                        Richard Nixon.