The National Historic Preservation Act and The National Park Service: A History

Cover

Contents

Preface

Getting (Re)Organized

Expanding the Register

Aiding Preservation

Protecting Properties

An Appraisal

Appendix A

Appendix B

Appendix C

Appendix D

Appendix E

Appendix F

Notes

The National Historic Preservation Act and The National Park Service: A History Notes

¹"National Historic Preservation Act—A Retrospective," CRM Bulletin, February 1986, p. 1.

²"Natural Beauty of Our Country," H. Doc. 78, 89th Congress, Feb. 8, 1965.

³With Heritage So Rich (New York: Random House, 1966), pp. 207-08.

⁴The National Historic Preservation Act was one of a trilogy of laws, with the Department of Transportation Act and the Demonstration Cities Act, that earned the 89th Congress the sobriquet "The Preservation Congress."

¹Report to the Secretary of the Interior on the Preservation of Historic Sites and Buildings (Washington: U.S. Department of the Interior, 1935), pp. 154-56.

²"Report of Special Committee on Historic Preservation," Sept. 30, 1966, p. 2.

³Ibid., p. 7.

⁴Ibid., pp. 10-11.

⁵Connally could not leave his academic post to report for duty until June 1967; meanwhile he communicated regularly on office matters with Robert M. Utley, who acted as chief in the interim.

⁶Interview with Connally, Apr. 21, 1986.

⁷Interview with Jerry L. Rogers, Feb. 5, 1986. Bob Utley coined the title.

⁸P.L. 94-422, Sept. 28, 1976.

⁹"The National Historic Preservation Program: Report of the Director of the National Park Service to the Secretary of the Interior on Progress during 1967," National Register files. The report was prepared by Bob Utley.

¹⁰Telephone interview with Robert M. Utley, Apr. 21, 1986.

¹¹Memorandum, Director Ronald H. Walker to Regional Directors, "Historic Preservation," Dec. 18, 1973, History Division files; Utley interview.

¹²"Historic Preservation: A Brief Analysis and Preliminary Proposal," Oct. 31, 1975, Ernest A. Connally office files.

¹³Memorandum, Walker through Reed to Secretary of the Interior Rogers C. B. Morton, "Historic Sites and Monuments Service, Department of the Interior—A Proposal," Sept. 30, 1974, Connally files; Utley interview.

¹⁴Letter, Latimer to Jackson, April 1976, Connally files.

¹⁵Letter, Humelsine and Biddle to Jackson, Apr. 13, 1976, Connally files.

¹⁶H.R. 3602, 95th Congress, Feb. 16, 1977; superseded by identical H.R. 6163, Apr. 6, 1977, with 24 cosponsors.

¹⁶"Staff Paper on Federal Historic Preservation Programs," March 1977.

¹⁷Everhardt remarks before Advisory Board, Apr. 18, 1977, and memorandum, Linden C. Pettys to Secretary of the Interior, Apr. 20, 1977, Connally files.

¹⁸Rogers interview.

¹⁹Order No. 3017, "Establishment of a Heritage Conservation and Recreation Service," Jan. 25, 1978.

²⁰"A Better Way to Save Our Cities" (op-ed column), Feb. 28, 1978.

²¹Letter, Larry E. Tise to Secretary of the Interior Cecil D. Andrus, June 1, 1979, Jerry L. Rogers office files; letter, Delaporte to State Historic Preservation Officers, July 3, 1979, ibid.

²²Memorandum, Jerry L. Rogers to OAHP Division Chiefs, Aug. 20, 1979, Rogers files; Rogers interview.

²³H.R. 5139, 96th Congress.

²⁴Statement dated Sept. 6, 1980, Connally files.

²⁵"Landmark Decisions," Washington Post, Oct. 18, 1980, p. B1.

²⁶Rogers interview. In their conversations with the writer, Ernest Connally and Bob Utley shared the view that divesting the non-park programs was not a worthwhile objective in 1986.

¹Telephone interview with Robert M. Utley, June 11, 1986.

²S. 3098, H. R. 13792, 89th Congress; Special Committee on Historic Preservation, With Heritage So Rich (New York: Random House, 1966).

³Gray testimony on H.R. 13790 before House Committee on Banking and Currency, Mar. 21, 1966, cited in James M. Lambe, "Legislative History of Historic Preservation Act of 1966," National Park Service, 1967, p. 29.

⁴The first use of "National Register of Historic Places" found was on a working list of July 1, 1968. The title appeared officially in the February 25, 1969, Federal Register, where the Register was first published. It was legally recognized in the 1980 amendments to the 1966 act.

⁵36 C.F.R. Pt. 60.

⁶Memorandum, Utley to Assistant Director Howard R. Stagner, June 2, 1966, enclosing "Preliminary Prospectus for Conduct of Grants-in-Aid Program Under Jackson and Aspinall Bills," Utley office files, History Division. See first National Register publication in appendix for criteria.

⁷Hartzog testimony on H.R. 13491 quoted in Lambe, "Legislative History," pp. 95-96.

⁸S. Rept. 1363, July 7, 1966; H. Rept. 1916, Aug. 30, 1966; memorandum, Lee to Hartzog, Nov. 16, 1966, attaching "Preliminary Plan for Enlargement of National Register," National Register files.

⁹Hartzog testimony on S. 3035 quoted in Lambe, "Legislative History," pp. 73-74.

¹⁰Historic Preservation Task Force minutes, National Register files.

¹¹Ibid.; Brown, "The Function of Rank—Order Categories in the National Register, National Register files.

¹²Historic Preservation Task Force minutes; interview with Ernest A. Connally, Apr. 25, 1984; Utley interview.

¹³Memorandum, Utley to Hartzog, "Report of the Historic Preservation Task Force," Feb. 16, 1967, National Register files.

¹⁴Utley interview.

¹⁵Letters dated Jan. 4, 1967; copy in National Register files.

¹⁶Memorandum, Murtagh to Director, Heritage Conservation and Recreation Service, June 1979, National Register files.

¹⁷"Conserving the Man-Made Environment," Sept. 1, 1975, pp. 69, 76.

¹⁸Memorandum, Murtagh to Director, HCRS, June 1979.

¹⁹Interview with Rogers, May 7, 1986; Summary Minutes of SHPO Policy Group, Mackinac Island, Mich., Sept. 25-26, 1973, National Register files; letter, Mortensen to SHPOs, Apr. 8, 1974, ibid.

²⁰Letter to Nyle Miller, May 2, 1974, National Register files.

²¹Advisory Council on Historic Preservation, The National Historic Preservation Program Today (Washington: Government Printing Office, 1976), p. 13; Rettig, "Conserving the Man-Made Environment," p. 84.

²²Memorandum, Murtagh to Director, HCRS, June 1979.

²³Ibid.; "Summary Report of the 1967-1968 Regional Conferences on the new Preservation under the National Historic Preservation Act of 1966, Public Law 89-665," National Register files.

²⁴Progress Report on National Register Activities, April-September 1968, National Register files; National Register Newsletter file, ibid.

²⁵Memorandum, Delaporte to Associate Director, Preservation of Historic Properties, Nov. 2, 1978, Jerry L. Rogers office files; memorandum, Delaporte to Secretary of the Interior, Jan. 30, 1979, ibid.

²⁶"A Profile of the National Register of Historic Places," 1983, National Register files. The Register held more than 45,000 entries by 1986.

²⁷Memorandum, Garvey to Chief, OAHP, Nov. 7, 1967, Ernest A. Connally office files.

²⁸Jerry L. Rogers speech (recorded), Jan. 24, 1984; Utley interview.

²⁹Advisory Council minutes, Sept. 27-28, 1967, National Register files; Advisory List preface.

³⁰P.L. 94-422, Sept. 28, 1976.

³¹Memorandum, Morton to Heads of All Federal Executive Departments and Agencies, Connally office files.

³²The National Historic Preservation Program Today, p. 12.

³³P.L. 96-515, Dec. 12, 1980.

³⁴The Secretary of the Interior's 20th Anniversary Report on the National Historic Preservation Act, 1986, p. 61.

³⁵Memorandum, Murtagh to Director, HCRS, June 1979.

³⁶National Heritage Trust Task Force draft report, Aug. 23, 1977, National Register files.

³⁷Surveys and Investigations Staff, "A Report to the Committee on Appropriations, U.S. House of Representatives, on Federal Historic Preservation Efforts, February 1979, Preservation Assistance Division files.

³⁸Written questions by Yates with HCRS responses, 1979, Preservation Assistance Division files.

³⁹Historic Preservation Policy Work Group, "Federal Historic Preservation Agenda for the 80's," June 12, 1981.

⁴⁰P.L. 96-515, Secs. 206, 201(a).

⁴¹Letter, O. Mario Favorito to William J. Murtagh, Sept. 26, 1975, National Register files.

⁴²Letter, Kathryn H. Kaiser to William J. Murtagh, May 21, 1974, National Register files; The National Historic Preservation Program Today, p. 28.

⁴³P.L. 94-455, Sec. 2124, Oct. 4, 1976.

⁴⁴Letter, Joseph A. Burnham to George F. Emery, Aug. 15, 1977, History Division files.

⁴⁵Letter, Edward G. Harness to Andrus, Apr. 3, 1979, History Division files.

⁴⁶P.L. 96-126.

⁴⁷Letter, Shull to All SHPOs, Aug. 28, 1980, National Register files; letter, Delaporte to Seiberling, Sept. 29, 1980, and minority statement in H. Rept. 96-1457, Oct. 10, 1980.

⁴⁸P.L. 96-515, Sec. 201(a).

⁴⁹Ibid.

⁵⁰126 Congressional Record 29827.

⁵¹Federal Register, Nov. 16, 1981, p. 56183.

⁵²A 1984 tax code revision reinstated the denial of deductions for demolition costs but made it applicable to all buildings, so that historic structures were not singled out for special treatment.

⁵³Memorandum, Murtagh to Director, HCRS, June 1979.

⁵⁴H. Rept. 96-1457, Oct. 10, 1980.

⁵⁵Letter, Jerry Rogers to All SHPOs, Apr. 9, 1981, National Register files; letter, Carol Shull to All SHPOs, Sept. 8, 1981, ibid.; letter, Shull to All SHPOs, Dec. 2, 1981, ibid. After the initial categorization, Category III was expanded to include all states and federal agencies that had submitted fewer than 20 nominations during the analysis period. All agencies fell into this category except GSA, which merited Category I assignment.

⁵⁶Memorandum, Rogers to Dickenson, Mar. 8, 1984, National Register files.

⁵⁷Ibid.

⁵⁸Aten, "The Resource Protection Planning Process, Architectural Preservation Forum, December 1983.

⁵⁹Ibid.

⁶⁰Rogers interview.

⁶¹Carol D. Shull, "The National Register After 20 Years," draft article for Preservation News, June 1986.

¹P.L. 91-243, May 9, 1970. A superb legislative tactician, Hartzog acted in full confidence that Congress would restore the road funds.

²P.L. 93-54. July 1, 1973. Another $4,750,000 was requested, authorized, and appropriated for July-September 1976, the period between the end of fiscal 1976 and the beginning of fiscal 1977 on October 1 of that transition year.

³"Present at Creation," remarks to National Conference of State Historic Preservation Officers, Washington, D.C., March 9, 1981 (transcript at NCSHPO office, Washington, D.C.).

⁴James M. Lambe, "Legislative History of Historic Preservation Act of 1966," National Park Service, 1967, pp. 96-97; "Grants-In-Aid Manual," draft dated July 6, 1967, National Register files; Grants for Historic Preservation: Guide for State Participation (National Park Service, 1968).

⁵Rogers speech (recorded), Jan. 24, 1984.

⁶Memorandum, Murtagh to Director, Heritage Conservation and Recreation Service, June 1979, National Register files.

⁷Rettig, "Conserving the Man-Made Environment," Sept. 1, 1975, p. 81.

⁸Project Protection file, Jerry L. Rogers office files.

⁹Ibid.

¹⁰Letter to Banks C. Talley, Jr., Dec. 29, 1983, ibid.

¹¹Interview with Rogers, Feb. 5, 1986.

¹²P.L. 94-422, Sept. 28, 1976.

¹³U.S. Congress, Senate, Committee on Energy and Natural Resources, Interior Nominations, Hearings, March 10, 11, 30, 1977 (Washington: Government Printing Office, 1977).

¹⁴Note to Jerry Rogers, Jan. 3, 1984, Project Protection file.

¹⁴Cited in memorandum, Secretary Cecil D. Andrus to Assistant Secretary for Fish and Wildlife and Parks, July 26, 1977, Rogers files.

¹⁵Memorandum, Acting Director Ira J. Hutchison, NPS, to Assistant Secretary, Fish and Wildlife and Parks, Aug. 19, 1977 (written by Rogers), Rogers files.

¹⁶Memorandum, Andrus to Assistant Secretary, Fish and Wildlife and Parks, July 26, 1977

¹⁷Surveys and Investigations Staff, "A Report to the Committee on Appropriations, U.S. House of Representatives, on Federal Historic Preservation Efforts," February 1979, p. 30.

¹⁸Memorandum, Carter to Secretary of the Interior, Nov. 17, 1978, Rogers files; memorandum, Stephen D. Newman to Jerry Rogers, July 24, 1979, Ernest A. Connally office files; memorandum, Associate Solicitor James D. Webb to Director, HCRS, Mar. 6, 1979, ibid.; personal communication from Stephen D. Newman, May 5, 1986.

¹⁹"Report on Federal Historic Preservation Efforts," pp. vii-ix.

²⁰In fiscal 1983 $25 million was provided for preservation projects under emergency jobs legislation (P.L. 98-8, Mar. 24, 1983). This special appropriation was not repeated.

²¹With Heritage So Rich (New York: Random House, 1966), p. 209.

²²S. 2347, 93rd Congress, Aug. 3, 1973; P.L. 94-455, Sec. 2124, Oct. 4, 1976.

²³Interview with Ernest A. Connally, Apr. 21, 1986.

²⁴Letter, Joseph W. Snell to Seiberling, Oct. 22, 1985, copy in History Division.

²⁵Letter, Acting Assistant Secretary Susan Reece to Gov. Gerald L. Baliles, Apr. 7, 1986, Preservation Assistance Division files.

²⁶"The National Register as a Fulcrum for Historic Preservation in America," June 1986 draft, copy in History Division.

¹P.L. 89-670, Oct. 15, 1966.

²S. Rept. 1363, 89th Congress, July 7, 1966, p. 7. The Senate-passed bill specified that no federal funds could be spent on a project affecting a National Register property until 60 days after the responsible agency had reported to the Advisory Council. The House amended the bill to substitute "a reasonable opportunity to comment for the 60-day period, change "project" to "undertaking," and include federal licensing within the scope of Section 106.

³Advisory Council minutes, National Register files.

⁴Ibid.

⁵Digest of Cases, 1967-1973 (Washington: Advisory Council on Historic Preservation, 1973).

⁶Connally interview by Charles B. Hosmer, Jr., July 28, 1981, transcript pp. 132, 136, Eastern National Park and Monument Association.

⁷Digest of Cases.

⁸"Protection of Properties in the National Register of Historic Places," Federal Register, Feb. 25, 1969, p. 2582.

⁹Ibid.

¹⁰Telephone interview with Garvey, July 22, 1986.

¹¹The Secretary of the Interior's 20th Anniversary Report on the National Historic Preservation Act, 1986, p. 92.

¹²Advisory Council on Historic Preservation, Report to the President and the Congress of the United States, 1985 (Washington: Advisory Council on Historic Preservation, 1986), p. 8.

¹³Advisory Council on Historic Preservation, The National Historic Preservation Program Today (Washington: Government Printing Office, 1976), pp. 37-39.

¹P. 3.

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