16 USC 470 [National Historic Preservation Act]

Having just been invited to be on the Section 106 Review Committee for the Route 250 Bypass Interchange at McIntire Road project. I am posting the relevant sections of the United States Code relating to Historic Preservation. Perhaps you too will be interested in following this process - and getting involved. I will post additional sections [16 USC 470a] as time permits.

I find Executive Order No. 11593 [Protection and Enhancement of the Cultural Environment] interesting reading in that it is the federal desire to "institute procedures to assure that Federal plans and programs contribute to the preservation and enhancement of non-federally owned sites, structures and objects of historical, architectural or archaeological significance." I question how construction of a roadway and an interchange with footprints in the eastern portion of McIntire Park will serve to preserve or enhance that property given it is eligible for listing on the National Register of Historic Places.

Peter Kleeman

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and June 19, 2006]
[CITE: 16USC470]

TITLE 16--CONSERVATION
CHAPTER 1A--HISTORIC SITES, BUILDINGS, OBJECTS, AND ANTIQUITIES
SUBCHAPTER II--NATIONAL HISTORIC PRESERVATION

Sec. 470. Short title; Congressional finding and declaration of policy

(a) This subchapter may be cited as the ''National Historic Preservation Act''.

(b) The Congress finds and declares that--

(1) the spirit and direction of the Nation are founded upon and reflected in its historic heritage;

(2) the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people;

(3) historic properties significant to the Nation's heritage are being lost or substantially altered, often inadvertently, with increasing frequency;

(4) the preservation of this irreplaceable heritage is in the public interest so that its vital legacy of cultural, educational, aesthetic, inspirational, economic, and energy benefits will be maintained and enriched for future generations of Americans;

(5) in the face of ever-increasing extensions of urban centers, highways, and residential, commercial, and industrial developments, the present governmental and nongovernmental historic preservation programs and activities are inadequate to insure future generations a genuine opportunity to appreciate and enjoy the rich heritage of our Nation;

(6) the increased knowledge of our historic resources, the establishment of better means of identifying and administering them, and the encouragement of their preservation will improve the planning and execution of Federal and federally assisted projects and will assist economic growth and development; and

(7) although the major burdens of historic preservation have been borne and major efforts initiated by private agencies and individuals, and both should continue to play a vital role, it is nevertheless necessary and appropriate for the Federal Government to accelerate its historic preservation programs and activities, to give maximum encouragement to agencies and individuals undertaking preservation by private means, and to assist State and local governments and the National Trust for Historic Preservation in the United States to expand and accelerate their historic preservation programs and activities.

(Pub. L. 89-665, Sec. 1, Oct. 15, 1966, 80 Stat. 915; Pub. L. 96-515, title I, Sec. 101(a), Dec. 12, 1980, 94 Stat. 2987.)

Amendments

1980--Pub. L. 96-515 added subsec. (a), designated existing provision as subsec. (b), and in subsec. (b) as so designated, redesignated pars. (a) to (d) as (1), (2), (5), and (7), respectively, in par. (1) as so redesignated, substituted ''heritage'' for ''past'', and added pars. (3), (4), and (6).

Short Title of 2000 Amendments

Pub. L. 106-355, Sec. 1, Oct. 24, 2000, 114 Stat. 1385, provided that: ''This Act [enacting sections 470w-7 and 470w-8 of this title] may be cited as the 'National Historic Lighthouse Preservation Act of 2000'.''

Pub. L. 106-208, Sec. 1, May 26, 2000, 114 Stat. 318, provided that: ''This Act [amending sections 470a, 470b, 470c, 470h, 470h-2, 470h-4, 470n, 470t, 470w, 470w-6, and 470x-3 of this title] may be cited as the 'National Historic Preservation Act Amendments of 2000'.''

Short Title of 1992 Amendment

Pub. L. 102-575, title XL, Sec. 4001, Oct. 30, 1992, 106 Stat. 4753, provided that: ''This title [enacting sections 470h-4, 470h-5, and 470x to 470x-6 of this title, amending sections 466, 470-1, 470a, 470b, 470c, 470h, 470h-2, 470h-3, 470i, 470s, 470t, 470w, and 470w-3 of this title, enacting provisions set out as notes under section 470a of this title, and amending provisions set out as a note under section 461 of this title] may be cited as the 'National Historic Preservation Act Amendments of 1992'.''

Short Title of 1980 Amendment

Section 1 of Pub. L. 96-515 provided: ''That this Act [enacting sections 469c-2, 470-1 470a-1, 470a-2, 470h-2, 470h-3, 470u, 470v and 470w to 470w-6 of this title, amending this section and sections 470a, 470b, 470c, 470d, 470h to 470j, 470l, 470m, and 470r to 470t of this title, and enacting provisions set out as notes under sections 470a, 470j and 470h of this title and section 874 of former Title 40, Public Buildings, Property, and Works] may be cited as the 'National Historic Preservation Act Amendments of 1980'.''

Ex. Ord. No. 11593. Protection and Enhancement of the Cultural Environment

Ex. Ord. No. 11593, May 13, 1971, 36 F.R. 8921, provided:

By virtue of the authority vested in me as President of the United States and in furtherance of the purposes and policies of the National Environmental Policy Act of 1969 (83 Stat. 852, 42 U.S.C. 4321 et seq.), the National Historic Preservation Act of 1966 (80 Stat. 915, 16 U.S.C. 470 et seq.), the Historic Sites Act of 1935 (49 Stat. 666, 16 U.S.C. 461 et seq.), and the Antiquities Act of 1906 (34 Stat. 225, 16 U.S.C. 431 et seq.), it is ordered as follows:

Section 1. Policy. The Federal Government shall provide leadership in preserving, restoring and maintaining the historic and cultural environment of the Nation. Agencies of the executive branch of the Government (hereinafter referred to as ''Federal agencies'') shall (1) administer the cultural properties under their control in a spirit of stewardship and trusteeship for future generations, (2) initiate measures necessary to direct their policies, plans and programs in such a way that federally owned sites, structures, and objects of historical, architectural or archaeological significance are preserved, restored and maintained for the inspiration and benefit of the people, and (3), in consultation with the Advisory Council on Historic Preservation (16 U.S.C. 470i), institute procedures to assure that Federal plans and programs contribute to the preservation and enhancement of non-federally owned sites, structures and objects of historical, architectural or archaeological significance.

Sec. 2. Responsibilities of Federal agencies. Consonant with the provisions of the acts cited in the first paragraph of this order, the heads of Federal agencies shall:

(a) no later than July 1, 1973, with the advice of the Secretary of the Interior, and in cooperation with the liaison officer for historic preservation for the State or territory involved, locate, inventory, and nominate to the Secretary of the Interior all sites, buildings, districts, and objects under their jurisdiction or control that appear to qualify for listing on the National Register of Historic Places.

(b) exercise caution during the interim period until inventories and evaluations required by subsection (a) are completed to assure that any federally owned property that might qualify for nomination is not inadvertently transferred, sold, demolished or substantially altered. The agency head shall refer any questionable actions to the Secretary of the Interior for an opinion respecting the property's eligibility for inclusion on the National Register of Historic Places. The Secretary shall consult with the liaison officer for historic preservation for the State or territory involved in arriving at his opinion. Where, after a reasonable period in which to review and evaluate the property, the Secretary determines that the property is likely to meet the criteria prescribed for listing on the National Register of Historic Places, the Federal agency head shall reconsider the proposal in light of national environmental and preservation policy. Where, after such reconsideration, the Federal agency head proposes to transfer, sell, demolish or substantially alter the property he shall not act with respect to the property until the Advisory Council on Historic Preservation shall have been provided an opportunity to comment on the proposal.

(c) initiate measures to assure that where as a result of Federal action or assistance a property listed on the National Register of Historic Places is to be substantially altered or demolished, timely steps be taken to make or have made records, including measured drawings, photographs and maps, of the property, and that copy of such records then be deposited in the Library of Congress as part of the Historic American Buildings Survey or Historic American Engineering Record for future use and reference. Agencies may call on the Department of the Interior for advice and technical assistance in the completion of the above records.

(d) initiate measures and procedures to provide for the maintenance, through preservation, rehabilitation, or restoration, of federally owned and registered sites at professional standards prescribed by the Secretary of the Interior.

(e) submit procedures required pursuant to subsection (d) to the Secretary of the Interior and to the Advisory Council on Historic Preservation no later than January 1, 1972, and annually thereafter, for review and comment.

(f) cooperate with purchasers and transferees of a property listed on the National Register of Historic Places in the development of viable plans to use such property in a manner compatible with preservation objectives and which does not result in an unreasonable economic burden to public or private interests.

Sec. 3. Responsibilities of the Secretary of the Interior. The Secretary of the Interior shall:

(a) encourage State and local historic preservation officials to evaluate and survey federally owned historic properties and, where appropriate, to nominate such properties for listing on the National Register of Historic Places.

(b) develop criteria and procedures to be applied by Federal agencies in the reviews and nominations required by section 2(a). Such criteria and procedures shall be developed in consultation with the affected agencies.

(c) expedite action upon nominations to the National Register of Historic Places concerning federally owned properties proposed for sale, transfer, demolition or substantial alteration.

(d) encourage State and Territorial liaison officers for historic preservation to furnish information upon request to Federal agencies regarding their properties which have been evaluated with respect to historic, architectural or archaeological significance and which as a result of such evaluations have not been found suitable for listing on the National Register of Historic Places.

(e) develop and make available to Federal agencies and State and local governments information concerning professional methods and techniques for preserving, improving, restoring and maintaining historic properties.

(f) advise Federal agencies in the evaluation, identification, preservation, improvement, restoration and maintenance of historic properties.

(g) review and evaluate the plans of transferees of surplus Federal properties transferred for historic monument purposes to assure that the historic character of such properties is preserved in rehabilitation, restoration, improvement, maintenance and repair of such properties.

(h) review and comment upon Federal agency procedures submitted pursuant to section 2(e) of this order.

Richard Nixon.

Election Day is Tomorrow!!

Where has the time gone? Nov. 6 is here tomorrow with the polls opening at 6:00 am. I will be up early to distribute signs and materials to the eight Charlottesville voting locations. So, if you are up early tomorrow, perhaps you will see me. I guess it will still be dark when I have done the full circuit. Some Kleeman supporters will be handing out campaign literature at precincts on and off throughout the day. I plan to be visiting precincts in the morning, and in the mid-afternoon. Please come by and say hello if you are voting while I am at your precinct.

I hope you will not only vote for me at the polls, but invite your friends and neighbors to do the same. Now is a great time for some fresh ideas on city council, and I think I am a candidate committed to providing fresh ideas in the next council term.

Election results will be available on WINA 1070, and WCHV 1260, and should be updated on the State Board of Elections website starting shortly after the polls close at 7:00 pm. I hope to meet some friends on the downtown mall to await the results. I should be at or in the vicinity of Rapture shortly before 7:00 pm - so stop by and say hello.

I have enjoyed the campaign, meeting many new folks in Charlottesville, and being on the campaign trail with four other candidates - all of us hoping to move the city forward in our own way. I thank David Brown, Holly Edwards, Barbara Haskins, and Satyendra Huja for their open and lively discussion of the issues facing Charlottesville and for making this campaign a truly positive experience. No matter what the outcome of the voting, I look forward to continue working with city council, the city staff, and citizens willing to work toward a better Charlottesville. I especially thank those of you who supported my campaign and all you readers of this Kleeman for Council blog for exploring what I offer as a candidate and for sharing your thoughts with me through blog comments, emails and in person over the past five months or so.

Is election day really tomorrow? It does appear to be so!

Bridging the Gap (well, one of many gaps)

I am intrigued by the recent coverage of what might be called the 'Tuscany affair'. As I mentioned in a recent blog entry - I am very supportive of the Sister Cities program and there are great opportunities for us to learn from these cities. But, I personally believe we need to expand our thinking beyond just cultural exchange and promoting travel or wine sales. Perhaps we can try to close the apparent sister city interaction gap (SCIG*). As a 'pilot' in the Pilot your City effort (more formally called the Neighborhood Leadership Institute), Anne Debray - now living in France, Daya Bill - now living in New York City, and I were a project group looking into how public involvement and customer service are carried out in Charlottesville compared to how it is done in Pleven, Bulgaria - one of our sister cities. We discovered some similarities, but many differences we though worthwhile to explore as possible options for Charlottesville. We even had a one-hour meeting in March 2007 with Jenny Dimitrova who was a staff member from Pleven visiting Charlottesville. This meeting was a terrific opportunity for us to share ideas and to expand our thoughts on fostering meaningful public involvement, providing effective customer service, and other related subjects.

My recommendation to whomever winds up going to Tuscany to spend some time addressing SCIG on the trip. They could connect with sister city leaders, staff, and citizens about opportunities for information sharing as well as cultural exchange. In the current council campaign, taxation and budgeting are issues discussed at every forum and common topics in one-on-one conversations I have had with Charlottesville voters. One way to address SCIG that I have been pondering is to collect pie-charts of the city budgets from the three sister cities and explore the similarities and differences in income streams and expenditures among these three cities and Charlottesville. We might identify some exciting new ways to address our taxation and budget concerns. I am optimistic that a review of how our sister cities address common issues facing all of these cities will lead to intriguing possibilities for improving what we do in Charlottesville. I hope our delegation to Tuscany will find time to identify information sharing opportunities like this.

If I am elected to council on Tuesday, I will encourage city staff and other elected officials to explore along with interested citizen groups and individuals how we can get significant return from interactions with our sister cities. With some clear leadership in this area I am certain future city expenses associated with fostering sister city interactions will generate both good will and tangible benefits to us all and reduce SCIG.

*I couldn't resist the urge to use an acronym here. I am not a big fan of acronyms, but being a just invented term (by me) and to keep in the spirit of blogging I went with it.

A 'Thank You' that Made My Day

I was thrilled to get this 'thank you' note from the students at the Living Education Center (LEC) I spoke with on Tuesday Oct. 30 about public service and being a candidate for public office. Notes like this are one of the greatest rewards I get from being an active and involved citizen, and occasional lecturer. I am also greatly encouraged about the future of Charlottesville, Virginia, the United States, and the world to know that students like those I met at LEC might soon be taking on leadership roles in our society. I would not be surprised to see members of this group become more visible in discussing the issues of the day in the very near future. Of course, I challenged them to consider being more actively involved in the community and even to consider becoming candidates for elected office once they actually reach voting age and are eligible to be candidates.

I was also very impressed by the questions asked by the students in our 50 minute question and answer period. I am sure we could have continued for another 50 minutes if there was more time available before their next class.

Clearly, there is no shortage of young people concerned about our future and eager to learn how they can get involved and make contributions toward a better community. I hope we all do our part in nurturing this eagerness and include them and their ideas in meeting the many challenges we will face in the future.

I look forward to day when I can contribute to the campaign fund of one of these students when they announce their interest in becoming an elected official. If I am fortunate enough to be elected to Charlottesville City Council on Nov. 6, I will try to find ways to get students from all of our local schools involved in the city. Some cities in Virginia actually have student members on their local school boards. Perhaps we should consider choices like this on our school board and on other commissions and boards, too. But, if not as members of a commission or board, I will also encourage students to become involved, perhaps as interns, in working toward any of the education, housing, transportation, environmental protection, or other issues needing creative ideas and citizen participation. Based on the interest demonstrated by this group of students, I think our future will be in good hand - as long as we invite them now into the process and work together toward our common goals.

I especially thank Ernie Reed, director of LEC for inviting me to spend this time with his students. I hope this turns out to be time well spent by all involved. I suppose this blog entry is my public 'it was truly my pleasure' rejoinder to the 'thank you' note from the students at LEC.

Being a World Class City - and a Good Sister City

The article "Tuscany trip spurs scrutiny" by Barney Breen-Portnoy in today's Daily Progress got a fair bit of attention today on the morning radio talk/news shows. I read the article early this morning prior to being a guest on the Joe Thomas radio show on WCHV 1260-AM. A friend of mine said she heard this discussed on WINA 1070-AM this morning, too. I was asked about this issue on-air and my immediate thoughts are as follows:

I am a strong supporter of Charlottesville having a multifaceted sister city relationship with cities around the world. I remember when Pleven, Bulgaria was becoming a sister city several years ago and city council then refused to spend even a nickel of city money to support the time and travel of Gary O'Connell (our city manager) in his interactions with officials at Pleven. At that time, I spoke up for the city participating in providing some financial support for this effort, but to no avail. Now it appears that the city may have gone far in the opposite direction on the spending continuum.

If the primary goal of this trip is to establish a student exchange program, I personally believe it would be very useful to have perhaps one school official; one councilor; and a teacher and/or a student on the trip to have a broad range of stakeholders in the program represented. In fact, if this is to be primarily a school related issue, perhaps even the councilor could be dropped from the group.

But, if this trip is intended to be a multifaceted program exchange, some other group might be desirable. It is my impression that our sister cities in general have a desire for a broader range of exchanges than is currently the case in Charlottesville.

As a strong supporter of broad involvement in city decisions, I would recommend that future trips of this type be developed consistent with clearly stated objectives, and with all stakeholders able to help put together the best plan of action. As Joe Thomas said during our on-air conversation on this issue this morning, "Couldn't this all be arranged by email?" My hunch is that there may be more dimensions to this interaction than can be successfully handled by email, but I think the city could have presented the goals and suggested way to meet those goals to the general public earlier in this process to get feedback in a timely manner. With more people thinking about the goals and suggesting paths to reach those goals, last minute questioning of the plan would likely not happen.