
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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 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.
