The National Historic Preservation Act at Fifty: Surveying the Forest Service Experience

48 Pages Posted: 3 Aug 2017

Date Written: August 1, 2017

Abstract

Milestone anniversaries provide a unique opportunity for reflection. Enacted in 1966, the National Historic Preservation Act fundamentally transformed the field of historic preservation — particularly at the federal level. This Article explores the evolution of National Historic Preservation Act compliance from an agency perspective and provides a comprehensive survey of all appellate litigation involving the United States Forest Service. To this end, this Article profiles litigation trends and how cultural resource management practices have been shaped by the courts over the past five decades. Ultimately, an understanding of how cultural resource management has evolved as historic preservation has become more inclusive is critical to thinking about how to address future challenges.

Keywords: Historic Preservation; NHPA; Forest Service

JEL Classification: Q23; Q24; Q28

Suggested Citation

Phelps, Jess R., The National Historic Preservation Act at Fifty: Surveying the Forest Service Experience (August 1, 2017). Environmental Law, Vol. 47, p. 471, 2017. Available at SSRN: https://ssrn.com/abstract=3011867

Jess R. Phelps (Contact Author)

The Lyme Timber Company LP ( email )

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