National Historic Preservation Act

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Summary

• The National Historic Preservation Act (NHPA) (16 U.S.C. 470) created the Advisory Council on Historic Preservation (ACHP), an independent Federal agency, to advise the President and Congress on matters involving historic preservation. The ACHP is authorized to review and comment on all actions licensed by the Federal government which will have an effect on properties listed in the National Register of Historic Places, or eligible for such listing.
  
  
  • Specifically, §106 of the Act (16 U.S.C. 470(f)) requires that a Federal agency involved in a proposed project or activity is responsible for initiating and completing the review process. The agency must confer with the State Historic Preservation Officer (an official appointed in each State or territory to administer the National Historic Program) and the NHPA.
    
    
  • The National Register is an inventory of the United States' historic resources and is maintained by the National Park Service. The inventory includes buildings, structures, objects, sites, districts, and archeological resources. The listed properties are not necessarily significant nationally, rather most are significant primarily at the State or local level. As mentioned above, §106 also encompasses significant properties which have not yet been listed or formally determined to be eligible for listing.
    
    
  • Federal actions include, but are not limited to, construction, rehabilitation, and repair projects, demolition, licenses, permits (e.g., Clean Water Act §404 permits), loans, loan guarantees, grants, and Federal property transfers. The agency sponsoring of one of these activities is obligated to seek ACHP comments.
  
  
• A booklet entitled Section 106, Step-by-Step, which provides detailed information on the review process, is available from the Advisory Council on Historic Preservation and the California Department of Parks and Recreation. See below for information on contacting these organizations.