National Historic Preservation Act (1966)
The National Historic Preservation Act (P.L. 89-665, 80 stat. 915), first passed in 1966, established the U.S. policy of preserving history, while balancing that preservation with concerns for current, efficient use of property. It was passed at a time of growing cultural awareness of the importance of historic preservation, which was heightened because the nation was undergoing significant economic and social change. It was part of the 1960s movement of urban planners and architects to makes cities and towns livable and preserve some of the character of those places. That revolution in thinking, inspired by such works as The Death and Life of Great American Cities by Jane Jacobs, emphasized a cooperation between private landowners, developers, and the federal government. The act was premised partly on the idea that urban development and the creation of highways was destroying historic buildings and was a response to other federal programs, like the Federal Highway Acts. If preservation could be accomplished best by working with landowners, rather than in opposition to them, the act could accomplish that purpose by providing economic incentives for preservation.
The act set a framework for national historic preservation policy, including a provision for a National Register of Historic Places, which had more than 76,000 listings by 2003. The register, maintained by the National Park Service, is accessible on its web site. Listing in the register is limited to properties considered "significant" in one or more aspects of American society and culture. It includes all national parks, 2,300 national historic properties designated by the Secretary of the Interior because of their importance to all Americans (like the General Motors Building in Detroit, Michigan, and the Ernest Hemingway House in Key West, Florida), and thousands of other properties nominated by local governments, organizations, and individuals because of their significance to the nation, state, or community.
To be listed, a property must meet rigorous standards, including a demonstration that the property is "of significance in American history, architecture, archeology, engineering, and culture," which is determined through "location, design, setting, materials, workmanship, feeling, and association." Moreover, the property must either be associated with "events that have made a significant contribution to the broad patterns of our history," with "the lives of persons significant in our past," be architecturally significant, or significant as an archeological site.
A property may be nominated by the State Historic Preservation Officer (SHPO) of the state where the property is located, or by the Federal Preservation Officer for federal property, or the Tribal Preservation Officer for tribal property. Often private citizens prepare the nominations for the SPHO and then the applications are reviewed by a state review board composed of professional historians, architects, archeologists, and other professionals in related fields. If the board and SPHO both approve, the nomination is sent to the National Park Service for its consideration. Throughout the process, property owners are given an opportunity to comment on the proposed designation. When the National Park Service is considering designation, it also solicits public comment.
There are four main benefits to being listed in the National Historic Register. First, it certifies the property as historically significant. Second, there must be special consideration given before the property is altered by any federally funded or assisted projects, which adds an extra level of scrutiny. Many people consider it a burden to develop listed property when federal money is being used because of a cumbersome review procedure. As a result, some property owners resist listing their property. The act's restrictions on development were further expanded in 1996 by President Clinton, who issued Executive Order 13007, which required extra precaution for any federal construction project that might interfere with a Native American sacred site.
The third benefit of listing with the National Historic Registry is that the property may be eligible for limited funding for historic preservation. Finally—and most importantly—the property might qualify for federal tax benefits for restoration. There is a twenty-percent investment tax credit for the rehabilitation of income-producing property, so the act provides both an incentive for private developers to preserve property and restricts the use of federal money to interfere with historic property.
Bibliography
Duerksen, Christopher J., ed. A Handbook on Historic Preservation Law. Washington, DC: The Conservation Foundation, 1993.
Jackson, Kenneth T. Crabgrass Frontiers: The Suburbanization of the United States. New York: Oxford University Press, 1985.
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