§ 470. — Short title; Congressional finding and declaration of policy.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC470]
TITLE 16--CONSERVATION
CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION
Sec. 470. Short title; Congressional finding and declaration of
policy
(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.
(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.)
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 2000 Amendments
Pub. L. 106-355, Sec. 1, Oct. 24, 2000, 114 Stat. 1385, provided
that: ``This Act [enacting sections 470w-7 and 470w-8 of this title] may
be cited as the `National Historic Lighthouse Preservation Act of
2000'.''
Pub. L. 106-208, Sec. 1, May 26, 2000, 114 Stat. 318, provided that:
``This Act [amending sections 470a, 470b, 470c, 470h, 470h-2, 470h-4,
470n, 470t, 470w, 470w-6, and 470x-3 of this title] may be cited as the
`National Historic Preservation Act Amendments of 2000'.''
Short Title of 1992 Amendment
Pub. L. 102-575, title XL, Sec. 4001, Oct. 30, 1992, 106 Stat. 4753,
provided that: ``This title [enacting sections 470h-4, 470h-5, and 470x
to 470x-6 of this title, amending sections 466, 470-1, 470a, 470b, 470c,
470h, 470h-2, 470h-3, 470i, 470s, 470t, 470w, and 470w-3 of this title,
enacting provisions set out as notes under section 470a of this title,
and amending provisions set out as a note under section 461 of this
title] may be cited as the `National Historic Preservation Act
Amendments of 1992'.''
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 former Title 40, Public
Buildings, Property, and Works] may be cited as the `National Historic
Preservation Act Amendments of 1980'.''
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.
