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The National Historic Preservation Act
Established in 1966, the National Historic Preservation Act (NHPA) made the Federal Government a full partner and leader in historic preservation. It was understood that the Federal Government must set an example through "enlightened preservation policies and practices and provide leadership for preservation, contribute to and give maximum encouragement to the preservation community and to foster conditions under which our modern society and our prehistoric and historic resources can exist in productive harmony." In order to achieve this, the Federal government partnered up with other federal and state agencies. The National Park Service would provide funding assistance, basic technical advice and tools and a broad national perspective on America's heritage. State governments would provide matching funds, establish a preservation program tailored for the State and local needs and designate a State office to support and promote historic preservation interests and priorities.
The National Historic Preservation Act also created the Advisory Council on Historic Preservation which is an independent Federal Agency that promotes the preservation, enhancement, and productive use of our country's historic resources and advises the President and Congress on national historic preservation policy. The other important tenet of the NHPA is the Section 106 review, which calls for all Federal agencies to take into account the effects of their actions on historic properties. See more on Section 106 below.
For further information on the National Historic Preservation Act: http://www.achp.gov/nhpp.html
Over the past 30 years additional legislative actions have been instituted to improve the way Federal Agencies manage historic properties and consider historic and cultural values in the planning process. Executive Order 11593 and Section 110 give Federal agencies clear direction to identify and consider historic properties in Federal and federally assisted actions. In 1992 Section 110 was amended to direct Federal agencies to establish a preservation program appropriate with their mission determine the effects of their specific programs on historic properties.
Section 106 is an important tool you can use to influence Federal decisions. By law, you have a voice when Federal actions will affect properties that have been listed on or qualify for the National Register of Historic Places, the Nations official list of historic properties.
Each year, the Federal Government is involved in a variety of projects that impact historic properties. For example, the Federal Highway Administration works with states on road improvements, the Department of Housing and Urban Development grants funds to cities to rebuild communities, and the General Services Administration builds and leases Federal office space.
Less obvious Federal actions can also have repercussions on historic properties. A Corps of Engineers permit to build a boat dock or a housing development that affects wetlands may also impact fragile archeological sites. Likewise, a Federal Communications Commission license for cell tower construction might compromise rural landscapes.
These and many other Federal actions can harm historic properties. Section 106 review is your opportunity to alert the Federal Government to the properties you value and to influence decisions about the Federal projects that affect them.
]In Connecticut, transportation improvements, town-based housing rehabilitation programs and water-related improvements account for the bulk of Section 106 review. For example in 1998, the SHPO reviewed over 1400 federal projects and most were found to have no impact to cultural resources.
What is Section 106 Review?
In the National Historic Preservation Act (NHPA), Congress established a comprehensive program to preserve the historical and cultural foundations of the Nation as a living part of community life. Section 106 of NHPA is crucial to that program, because it requires consideration of historic preservation in the multitude of Federal actions that take place nationwide. Section 106 requires Federal agencies to consider the effects of their actions on historic properties and provides the Advisory Council on Historic Preservation an opportunity to comment on Federal projects prior to implementation. The ACHP also reviews projects in consultation with the State Historic Preservation Officer (SHPO).
The Advisory Council on Historic Preservation is an independent Federal agency that promotes the preservation, enhancement, and productive use of our Nation's historic resources, and advises the President and Congress on national historic preservation policy.
Section 106 review encourages, but does not mandate, preservation. Sometimes there is no way for a needed project to proceed without harming historic properties. Section 106 review does, however, ensure that preservation values are factored into Federal agency planning and decisions. Because of Section 106, Federal agencies must assume responsibility for the consequences of their actions and be publicly accountable for their decisions.
To learn more about Section 106 and the Advisory Council on Historic Preservation please use one of the links provided below.
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