As the environmental phase of preservation was developing, a legislative interlude occurred. Not until 1966 was the environmental phase recognized in the National Historic Preservation Act which called for a national inventory of historic resources (including historic districts) whose value could be national, State or local in significance. Also, these sites were extended a protective umbrella that required special planning consideration for historic resources affected by Federal public works projects. This same year the Department of Transportation Act was passed including paragraph 4(f) which reflected national concern for historic sites and mandated that lands from historic sites, public parks, recreation areas, etc., were to be protected. This provision has been incorporated into section 138 of title 23, U.S.C. Highways, as follows:
. . . the Secretary shall not approve any program or project which requires the use of any publicly owned land from a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance . . . or any land from an historic site of national, State, or local significance . . . unless (1) there is no feasible and prudent alternative to the use of such land, and (2) such program includes all possible planning to minimize harm. . . .[N 1]
Since 1966 there have been several more policy refinements. In 1969, the National Environmental Policy Act set forth a national policy in this area which includes historic resources. In 1971 Presidential Executive Order No. 11593 put the Executive Department deeply into the environmental phase of the historic-preservation movement. Most recently has been the 1974 Archeological and Historic Preservation Act which has liberalized funding requirements for Federal agencies to spend moneys on preservation activities.
- ↑ This language is quite similar to that used in section 4(f) of the 1966 Department of Transportation Act, and this requirement has since been identified as section 4(f). Sponsors of projects coming within the bounds of section 4(f) are required to demonstrate compliance with its requirements to the satisfaction of DOT.
Winthrop, Washington preserved its early Western history by completely rebuilding its business district with period facades at the time State Route 20 was completed in 1972.
Other Federal Environmental Requirements and the Highways
There are now numerous Federal environmental laws and regulations relating to a wide range of Federal or Federal-aid programs, of which the Federal-aid highway program is only one. To the extent that highway projects are affected, they must and do comply. The more significant of these measures are:
- A-95 Notification Procedure. Named after Circular A-95 issued by the Bureau of the Budget (now the Office of Management and Budget) originally in 1969, this procedure requires applicants for Federal assistance for many types of projects to provide advance notice and plans to State or metropolitan area clearinghouses. The clearinghouses inform interested State and local agencies which, in turn, have the opportunity to comment. Submitted comments must accompany the application for Federal assistance.
- Historic Preservation Act (1966). Any project impinging upon a historic site placed on the National Register must be referred to the Advisory Council on Historic Preservation for its review and comment. (This requirement relating to historic sites is in addition to the requirements imposed by section 4(f).)
- National Environmental Policy Act of 1969. This law, as its name indicates, is first and foremost a statement of policy designed to “. . . encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.”
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