The National Historic Preservation Act of 1966 was passed primarily to acknowledge the importance of protecting our nation’s heritage from rampant federal development. It was the triumph of more than a century of struggle by a grassroots movement of committed preservationists.
Some key elements from the Act:
- Sets the federal policy for preserving our nation’s heritage
- Establishes a federal-state and federal-tribal partnership
- Establishes the National Register of Historic Places and National Historic Landmarks Programs
- Mandates the selection of qualified State Historic Preservation Officers
- Establishes the Advisory Council on Historic Preservation
- Charges Federal Agencies with responsible stewardship
- Establishes the role of Certified Local Governments within the States
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In 2014, the codified law for the National Historic Preservation Act was moved from Title 16 to Title 54. In the process, some text was changed and various provisions were re-ordered. The preservation community and industry continues to use the original Section names when referring to key provisions o the original Act.
- Section 2 (54 U.S.C. 300101) | Sets the federal policy for historic preservation
- Section 106 (54 U.S.C. 306108) | Requires federal agencies to take into account the effects of its actions on historic properties by identifying historic properties, assessing adverse effects and resolving those adverse effects. The process is initiated by the federal agency, and includes comment and input from stakeholders at the local and State levels, as well as the Advisory Council on Historic Preservation. Read more on Section 106.
- Section 107 | Largely unknown until the demolition of the White House East Wing in 2025, Section 107 exempts the White House, the U.S. Capitol, and the Supreme Court from the Act’s Section 106 review requirements.
- Section 108 | Authorizes the Historic Preservation Fund
- Section 110 (54 U.S.C. 306101) | Requires federal agencies to create historic preservation programs, designate a historic preservation officer and provide a process for nominating properties to the National Register.
Additionally, while the National Historic Preservation Act sets federal policy for historic preservation, the actual regulations can be found in the Code of Federal Regulations at 36 CFR Part 800. In 2026, an ACHP proposed rulemaking threatened to upend these implementation regulations.