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 APPENDIX C
STATUTES, REGULATIONS, STANDARDS, AND DOD DIRECTIVES
C.1 STATUTES. A number of federal historic preservation laws
apply to resources under the direct or indirect control of the
Navy. These laws do not prevent the service from carrying out
its primary national defense mission or, for that matter, from
using its property in any way it considers best. The laws are
meant only to ensure that all the potential effects on historic
properties under federal control are considered before any action
is taken that might harm them. Once the proper consultative
procedures have been followed, the final decision on what to do
with the property rests with the Navy.
C.1.l National Historic Preservation Act of 1966, as amended.
The National Historic Preservation Act of 1966 (NHPA), as
amended, is the backbone of today's historic preservation
programs. Building on earlier legislation such as the
Antiquities Act of 1906 and the Historic Sites Act of 1935 (see
below), it expanded the National Register of Historic Places to
include places of regional, state, and local, not just national,
importance.
It provided for the appointment of State Historic
Preservation Officers in all the states. It established the
Advisory Council on Historic Preservation (ACHP), an independent
federal agency, to advise other agencies on what effects agency
actions might have on historic properties and to advise the
President and Congress on historic preservation matters. The
NHPA also authorizes leases, exchanges and management contracts
to be used for ensuring preservation of cultural resources and
allows the Navy to retain proceeds from outleases to defray
preservation costs.
C.1.2 Antiqu ities Act of 1906. The Antiquities Act of 1906
(16 U.S.C., 431-433), the first general, federal historic
preservation measure, authorized the President to designate as
national monuments "historic landmarks, historic and prehistoric
structures, and other objects of historic or scientific interest"
on federally owned or controlled lands. It also protected
archeological sites by requiring permits for the examination of
ruins, excavation of archeological sites, and gathering of
objects of antiquity on lands under federal jurisdiction.
(This
function was taken over by the Archeological Resource and
Protection Act of 1979.)
C.1.3 Historic Sites Act of 1935. This act (16 U.S.C.,
461-467) made it a matter of national policy to preserve historic
sites, buildings, and objects of national significance for the
benefit and inspiration of the American people. It established
the National Historic Landmarks program, still the highest level
of federal recognition for historic properties, and provided for
C-1
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