What is the NHPA?

The National Historic Preservation Act was enacted in 1966 to preserve the historic and archaeological sites of the United States. The rules by which it is implemented are described in 36 CFR 800.

Because pipeline operation and the transportation of HAZMAT are nationwide activities, historic sites may sometimes overlap with transportation routes. Through compliance with NHPA, PHMSA helps promote our nation's commitment to the preservation of these important resources, including properties with special significance to Native American groups.

Under NHPA, federal agencies are required to consider whether their actions may affect such properties and consult with State Historic Preservation Offices (SHPOs), Tribal Historic Preservation Offices (THPOs), and other interested parties, such as descendant groups. At PHMSA this usually means considering whether regulation development, or special permit and NGDISM grant requests that relate to existing pipelines may cause operator actions to take place in or near historic sites or districts.

The process of considering these effects, also known as "Section 106", ensures that our Nation's history is protected in all its forms.

What other laws govern historic resources?

While Section 106 review applies specifically to federal actions, many other legislations protect archaeological and historic resources. Some of the most commonly applied ones are:

• Section 4(f) of the U.S. Department of Transportation Act of 1966
• The Archaeological Resources Protection Act of 1979 (ARPA)
• The Native American Grave Protection & Repatriation Act (NAGPRA)
• Archaeological and Historic Preservation Act of 1974 (AHPA)
• American Battlefield Protection Act
• Abandoned Shipwreck Act
• The Antiquities Act of 1906
• Historic Sites Act of 1935
• Executive Order 11593
• Various state & local laws

What is a historic property?

Historic properties under Sec 106 are those eligible for listing on the National Registry of Historic Places (NRHP). A site does not have to be officially assessed or listed to qualify for protection – having the required characteristics is enough.

Historic properties come in many forms. While some are obvious, others you could be standing on, and not even know it. They may include buried archaeological sites; historic buildings; districts made up of groups of buildings or sites; battlefields; some cemeteries; historic trails and roadways; and even natural areas with special cultural significance. In rare cases, even objects – like ships, monuments, or railway cars – can be eligible historic properties.

Which sites are NRHP-eligible?

The following list is a good starting point for understanding if a site is "eligible" under NHPA:

• Must be over (or approaching) 50 years old AND
• Possesses "integrity" – that is, the location, materials, and other qualities that make a property historically important haven't changed much – AND
• Is associated with a specific historic event or historic trends OR
• Is associated with the working life of a historically important person OR
• Has distinctive design characteristics; has high artistic value; or is the work of a master OR
• Is likely to provide information important to our understanding of history.

Which sites are not usually NRHP-eligible?

The following types of sites are only NRHP-eligible under specific circumstances – usually where they independently meet the criteria above. But be aware – even if they do not fall under NHPA, they may be protected by other legislation.

• Religious properties
• Relocated properties
• Birthplaces and graves
• Cemeteries
• Reconstructed properties
• Commemorative properties
• Sites less than 50 years old

Who is qualified to make NRHP determinations?

The minimum requirements for individuals to perform identification, evaluation, registration, and treatment activities for historic properties are defined by the Secretary of the Interior's standards (SOI). An SOI-qualified individual will have a graduate degree in a relevant discipline, such as Archaeology, Historic Preservation, Architecture, or History, and additional professional experience.

More information may be found here

Where can I learn more about historic resources & preservation?

Each state maintains a State Historic Preservation Office, where records and resources on the state's history may be available. Local historic societies are also a great resource.

The National Park Service publishes National Register Bulletins online, which provide a wealth of information on the National Register and Historic Properties, for example:

• How to Apply the National Register Criteria for Evaluation
• Guidelines for Evaluating and Documenting Traditional Cultural Properties
• Researching a Historic Property

The Advisory Council on Historic Preservation also publishes guidelines on historic resources and the implementation of Sec 106 for practitioners and agencies.