The goal of these statutes and this EO is to ensure that federal agencies are good stewards of historic properties for the benefit of the American people, while still meeting mission needs. Section 110 of the NHPA (54 USC 3061) sets forth the broad affirmative federal agency responsibilities with respect to their programs for balancing mission needs with historic values. The intent of Section 110 is to ensure historic preservation is fully integrated into the programs of federal agencies. To assist agencies in achieving the purposes of Section 110, the ACHP and the National Park Service (NPS) have jointly issued guidance entitled The Section 110 Guidelines: Annotated Guidelines for Federal Agency Responsibilities under Section 110 of the National Historic Preservation Act (available here: https://www.nps.gov/fpi/Section110.html). Many agencies meet these responsibilities through compliance with Section 106 of the NHPA (54 USC 306108) for their undertakings. Section 106 of the NHPA requires federal agencies to “take into account” the effects of their projects and programs on historic properties and provide the ACHP a “reasonable opportunity” to comment on them. The ACHP’s regulations implementing Section 106 (36 CFR Part 800, http://www.achp.gov/regs-rev04.pdf ) set forth this review process, whereby the federal agency consults with the State Historic Preservation Officers (SHPOs), and oftentimes with Indian tribes or NHOs, to determine if the proposed project will have an effect on a property listed on or eligible for listing on the National Register of Historic Places (NRHP), and if so, what measures might be appropriate to avoid, minimize, or mitigate adverse effects. Agency Section 3 reports are intended to analyze their progress in meeting the goals of the EO since the last report three years ago. A universal sentiment running through all the submitted reports is that federal agencies are proud of their stewardship of historic properties; they want to tell their story and how they contribute to economic development and resource independence. The many examples federal agencies provided in their reports run the gamut of historic property type, threats to them, and preservation opportunities grasped. How these agencies responded with their own historic preservation initiatives, partnerships, and creative solutions to better protect these resources, while providing the American public more and better chances to enjoy and appreciate them, deserves to be told in their own words. While this report addresses the requirements of Section 3 of the EO, other sections of the EO also spell out federal agency oversight responsibilities. Section 1 reaffirms the historic preservation principles set out in Sections 1 and 2 of the NHPA—that federal agencies should exhibit leadership in the field of historic preservation and should use their historic properties where practicable. Section 2 of the EO calls for federal agencies to build preservation partnerships where possible and “to promote local economic development and vitality through the use of historic properties in a manner that contributes to the long-term preservation and productive use of those properties.” Section 3 (among other things) requires federal agencies “with real property management responsibilities” to assess the status and state of their historic preservation stewardship, first in an initial report to the ACHP and the Secretary of the Interior by September 30, 2004, and then every three years afterwards. Section 4 of the EO requires each federal agency to promote the long-term preservation and use of historic properties as federal assets and, where practicable, contribute to local communities and their economies. Section 5 states that federal agencies are to use their historic properties in concert with state, tribal, and local tourism programs to foster heritage tourism opportunities. How federal agencies carry out their duties under Sections 2, 4, and 5 of the Preserve America EO are touched on and discussed to some extent in this report.
6 | IN A SPIRIT OF STEWARDSHIP: A REPORT ON FEDERAL HISTORIC PROPERTY MANAGEMENT 2018
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