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    16 USC Sec. 470                                             01/05/2009




    Sec. 470. Short title; Congressional finding and declaration of


      (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.)


      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 2006 AMENDMENT
      Pub. L. 109-453, Sec. 1(a), Dec. 22, 2006, 120 Stat. 3367,
    provided that: "This Act [enacting section 470v-2 of this title and
    amending sections 470h, 470i, 470m, and 470t of this title] may be
    cited as the 'National Historic Preservation Act Amendments Act of
                      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
                       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


      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
      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
      (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.
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