Federal historic preservation laws largely concern the effects of federal undertakings. The three major federal laws involved are the National Historic Preservation Act, the National Environmental Policy Act, and Section 4(f) of the Department of Transportation Act.

National Historic Preservation Act (NHPA)

The NHPA is the leading federal preservation legislation, providing preservation regulations, standards, and guidelines. With the 1966 act came several specific preservation activities, including the establishment of the National Register of Historic Places, State Historic Preservation Offices, Certified Local Government program, Grants-in-Aid, and the Advisory Council on Historic Preservation. Amendments in 1976, 1980, and 1998 furthered the goals of the act, providing stronger protection of historic properties.

Four sections of the NHPA deal directly with federal agencies. The most powerful of these areas is Section 106, which requires federal agencies to take into account the effects of their activities and programs on historic properties.

Section 106

Section 106 of the NHPA requires federal agencies to consider the effects of their undertakings on historic properties. This portion of the legislation establishes a review process to ensure that historic properties are considered during federal project planning and execution. The review process is administered by the Advisory Council on Historic Preservation, which is an independent federal agency. Section 106 acts as the cornerstone of the 1966 NHPA, which was created out of public concern that the Nation's historic resources were not receiving adequate attention.

Section 106 requires that every federal agency or any project funded or licensed by the federal government examine its undertakings and how those actions could affect historic properties. A federal agency must review any type of its actions that has the potential to affect historic properties. These include a broad range of activities, including construction, rehabilitation and repair projects, neglect, demolition, licenses, permits, loans, loan guarantees, grants and federal property transfers. A historic property is any property listed in or eligible for the NRHP. Section 106 cannot prevent a federal agency from proceeding with desired projects, but it does require analysis of the project and allows for identification of historic resources. In many cases, alternatives are suggested which satisfy all interested parties.

National Environmental Policy Act (NEPA)

Under the NEPA, federal agencies are responsible for the environmental impact of their activities. Historic properties as well as natural resources are considered to be part of this environment. Enacted in 1969, the NEPA states that it is the federal government's responsibility to provide American citizens with a safe and healthful environment and to "preserve important historic, cultural, and natural aspects of our national heritage." There is much overlap between NEPA and Section 106 of the NHPA, but differences occur in the scope of protection afforded under each law. The NEPA applies to all historic and cultural properties, while the NHPA only governs properties listed or eligible for listing on the National Register. The NHPA, however, applies to a much wider range of federal agency activities, while NEPA regulates only major federal actions.

Section 4(f) of the Department of Transportation Act

This segment of legislation prohibits federal approval or funding of transportation projects that require the "use" of any historic site, public park, recreation area, or wildlife refuge, unless there is no feasible alternative and the project incorporates all possible plans to minimize harm to the affected property. This includes the direct physical taking of property as well as indirect impacts that would greatly impair the value of protected sites. Adopted in 1966, this law applies to all transportation agencies within the U.S. Department of Transportation.

Additional Federal Laws

Some federal preservation laws contain enforcement provisions that provide civil and/or criminal penalties for violations, including these two:

• Archaeological Resources Protection Act (ARPA): establishes a permitting process regarding important archaeological sites
• Native American Graves Protection and Repatriation Act (NAGPRA): addresses the return of human remains and cultural objects held by museums or federal agencies to Native Americans

• Preservation Laws and Programs
• State Preservation Laws and Statutes