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Federal Legislation, Incentives, Agencies and Their Programs

Federal Historic Preservation Laws, National Park Service

  • Legislation (select)
  • National Historic Preservation Act of 1966, Public Law 89-665, October 15, 1966. PDF file.
  • Department of Transportation Act, Public Law 89-670, October 15, 1966, section 4 (f) ,including
    • "prudent and feasible alternative"
  • National Environmental Policy Act of 1969, as amended (DoE, NEPA) 2 U.S.C. §§ 4321-4347 Section 102, see (b) (4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of indi- vidual choice.
    • Environmental Assessment (EA)
    • Finding of No Significant Impact (FONSI)
    • impact
      • insignificant
      • significant impact
      • cumulative impact
    • Environmental Impact Statement (EIS)
    • notice of intent
    • scoping
    • DEIS (draft EIS)
    • FEIS (final EIS)
    • Record of Decision (ROD)
  • Executive Order No. 11593, 1971. Preservapedia, case law on ACHP
    • "required Federal agencies to administer cultural properties under their control and direct their policies, plans, and programs in such a way that federally owned sites, structures, and objects of historical, architectural, or archeological significance were preserved, restored, and maintained."
  • Internal Revenue Code, Section 47, Rehabilitation Credit, November 5, 1990. PDF file.

  • Case Law
  • Federal Historic Preservation Case Law, 1966-2000. Advisory Council on Historic Preservation, 2001.
    • Procedural law (Wikipedia) and Substantive law (Wikipedia)
    • Procedural Questions in Litigating Preservation Case
      • Jurisdiction
        • court must determine whether it has personal jurisdiction over the defendants named in the suit
        • court must determine whether it has subject matter jurisdiction
      • Standing
        • plaintiffs must have standing
        • plaintiffs must allege injury to an interest personal to them that is within the zone of interests protected by the statutes at issue
      • Laches
        • plaintiffs are barred from maintaining their lawsuits if they have unreasonably delayed in bringing the action and their delay would cause prejudice to defendants if the suit was allowed to go forward
      • Ripeness and Mootness
        • court may dismiss a case for lack of ripeness or failure to exhaust administrative remedie
      • Scope and Standard of Review
        • a court generally limits the scope of its review to the administrative record in existence
      • Remedies
        • remedy sought in preservation is usually a temporary restraining order or and a permanent or preliminary injunction
  • Federal Laws, Executive Orders, Heritage Stewardship
  • National Trust for Historic Preservation