Public Policy and Political Dynamics of Heritage Conservation in the United States

Abstract

Policy making and advocacy efforts throughout the legislative history of heritage conservation display the gaps in heritage conservation in the United States. To represent the political dynamics at the federal level in both intangible and tangible cultural heritage policy discussions, this article will examine cases of legislative processes: the policy discussions to amend the National Historic Preservation Act (NHPA) in 1997 and 2005 and the reauthorization of the American Folklife Center (AFC). The study will focus on the subgovernment framework in heritage policy to demonstrate institutionalization of policy discussion and review the intergovernmentalism and decentralization in heritage conservation.

Keywords:

• American Folklife Preservation Act
• folklife
• heritage
• historic preservation
• National Historic Preservation Act
• subgovernment phenomenon

Acknowledgments

I wish to express my sincere gratitude to Dr. Margaret Wyszomirski for her continued support of my study and encouragement in this research.

Notes

1. The term “heritage conservation” is used in this article to stress the inclusive approach to both tangible and intangible heritage, except in cases in which a particular policy or agency explicitly names it otherwise. The term “historic preservation” has been used more commonly in the United States and emphasizes the extended protection and veneration of historic buildings and sites.

2. Public Law 89–665; 80 STAT.915; 16 U.S.C. 470, as amended by Public Law 91–243, Public Law 93–54, Public Law 94–422, Public Law 94–458, Public Law 96–199, Public Law 96–244, Public Law 96–515, Public Law 98–483, Public Law 99–514, Public Law 100–127, and Public Law 102–575.

3. The discontinuation of annual congressional appropriation for the National Trust for Historic Preservation was agreed in 1995, and it became self-supporting after a three-year period of transition (H. Rept. 104–402, accessed February 18, 2013).

4. In 1976, Congress authorized the deposit of a portion of Outer Continental Shelf oil lease revenues, currently $150 million annually, into the HPF as a matching grant to carry out the purpose of the NHPA (§108; 16 USC 470h-2); $79.5 million was appropriated in Fiscal Year 2010.

5. Preservation Action is a 501c4 nonprofit organization for historic preservation advocacy. See http://www.preservationaction.org.

6. NHPA, Section 301 (16 USC 470w) (7): “Undertaking” means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including (1) those carried out by, or on behalf of, the agency; (2) those carried out with federal financial assistance; (3) those requiring a federal permit, license, or approval; and (4) those subject to state or local regulation administered pursuant to a delegation or approval by a federal agency.

7. NHPA, Section 212 (16 USC 470t(a)—Council appropriation authorization): (a) the Council shall submit its budget annually as a related agency of the Department of the Interior. There are authorized to be appropriated for purposes of this title not to exceed $4,000,000 for each Fiscal Year 1997 through 2005.

8. The American Folklife Preservation Act. P.L. 94–201, SEC. 2: (a) the Congress hereby finds and declares … (4) that it is appropriate and necessary for the federal government to support research and scholarship in American folklife in order to contribute to an understanding of the complex problems of the basic desires, beliefs, and values of the American people in both rural and urban areas.

9. NHPA 502; 16 USC, 470a note. Amend. 1980. In response to Section 502, “Cultural Conservation: The Protection of Cultural Heritage in the United States” was submitted to the president and congress on June 1, 1983, by the Secretary of the Interior.