Chapter 10 - § 10.2 • NATIONAL LEGISLATION

• Jurisdiction: Colorado

§ 10.2 • NATIONAL LEGISLATION

In 1966, Congress passed the National Historic Preservation Act to further the preservation of national historic resources.¹ In part, the Act makes the secretary of the interior responsible for overseeing and maintaining a National Register of Historic Places, which includes historic areas, sites, and buildings. The Act also established an Advisory Council on Historic Preservation that provides guidance and support to both public and private interests involved in the cause of advancing historic preservation activities.² Among its several duties, the Council is charged with recommending studies as to the adequacy of state and local regulations pertaining to historic preservation, and the effects of tax policies on historic preservation.

Federal agencies must take into account the effect of federal "undertakings" on historic districts, sites, and buildings listed in the National Register. The Council may make advisory comments on any federal undertaking that will have an adverse effect on a listed historic area or property.³ In addition, the National Trust for Historic Preservation has been created to facilitate public participation in the preservation of sites, buildings, and objects of national significance or interest to American history or culture.⁴ Federal tax credits for qualified historic preservation projects also exist.⁵ National legislation through various programs and technical support activities assists state and local entities in planning for and implementing historic preservation programs.

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^[1] 16 U.S.C. §§ 470 to 470x-6; see also 16 U.S.C. §§ 461 to 469o (preserving historic sites, buildings, objects, and antiquities); 16 U.S.C. ch. 1 (preserving national parks, military parks, monuments, and seashores, as well as national and international monuments and memorials); 36 C.F.R. §§ 60.1 to 60.15 (National Register of Historic Places); 36 C.F.R. §§ 68.1 to 68.4 (standards for the treatment of historic places)...