University of Virginia Library

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LECTURE 2: ASLA POLICY AND LEGISLATION

We will consider the major legislative landmarks which are
especially significant to us as designers and we will consider the
policy statements which provide direction to us as everyday members
of the ASLA. I urge you to read the entire "ASLA Policies" contained
in the ASLA Members' Handbook and require you to read the following
ASLA Orders:

• No. 422.1 On Billboards

• No. 425.2 On Collaboration with the Other Design Professionals

• No. 421.2 On Conservation of Fine Scenery

• No. 421.3 On Encroachment on Park Lands

• No. 422.2 On Highways

• No. 421.4 On National Forests

• No. 421.5 On Preservation of Historic Sites

• No. 422.3 On Scenic Roads and Parkways

You will find that ASLA's interest in the location, design,
construction, and maintenance of roads and highways is as old as
the profession—we have been in this business a long time. (See
Historic and Archeological Preservation, FHWA, 1979 for following:)

1.

• The Federal-Aid Highway Act of 1916 has been amended a number
  of times since enactment; the intent has always been for financial
  support (50% to 90%) to the States in extending a nationwide
  road system within broad controls of compliance. That system
  accounts for two-thirds of the miles we Americans drive each
  year (and seventy percent of the fatalities we bring down on
  ourselves.) The Secretary of Transportation is authorized to
  administer funds to the States to program, design, construct and
  maintain the Federal-Aid Highways under their jurisdiction according
  to those standards laid down by the AASHO and to enforce
  those amendments to the Act of 1916 and subsequent laws.

2.

• Antiquities Act of 1906 made it unlawful for any person to
  "appropriate, excavate, injure or destroy any historic or prehistoric
  ruin or monument, or any object of antiquity—" situated
  on Federal Land; authorized the President of the U.S. to proclaim
  historic landmarks, historic structures, or objects of historic
  or scientific interests to be national monuments; authorized the
  

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  Secretary of Interior to grant permits for examination, excavation
  or gathering of objects of antiquity.

3.

• National Park Service Act of 1916 - established Service "to
  conserve the scenery and the natural and historic objects and
  the wildlife therein and provide for the enjoyment of the same
  in such manner and by such means as will leave them unimpaired
  for future generations."

4.

• Historic Sites and Buildings Act of 1935 declared it to be
  national policy "to preserve for public use historic sites,
  buildings, and objects of national significance for the inspiration
  and benefit of the people of the United States——"

  -Collect and preserve drawings, plans, and photos (beginning of HABS)

  -Make surveys to determine historical or archeological value

  -Investigate and study sites, buildings, and objects

  -Acquire gifts or purchase property for preservation

  -Make cooperative agreements to preserve or operate historic
  property

  -Develop educational programs

  -Restore, reconstruct, or maintain sites and buildings

  -Erect tablets and markers

  -Operate and manage properties including authority to charge fees,
  lease concessions, etc.

  -Organize corporations to manage or restore donated properties

5.

• Highway Beautification of 1965 - (Ladybird Johnson's Bill) required
  the States to control advertising signs along Federal-Aid highways,
  to screen junkyards, to implement a program of "Landscaping and
  Scenic Enhancement", to hold public hearings within the States
  in order to base standards and criteria (for landscaping and
  scenic enhancement.) Authorized funds to 75% of cost to compensate
  owners of signs and junkyards; added $325,000,000 to '66-'67
  Federal-Aid program for implementation of the Act.

6.

• National Historic Preservation Act of 1966 - declared that the
  spirit and direction of the Nation are founded on its historic past.

  -That historical and cultural foundations of the Nation should be
  preserved as living parts of community life and development
  in order to give a sense of orientation to Americans

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  -That, in the face of ever-increasing extensions of urban
  centers, highways, and residential, commercial and industrial
  development, present preservation programs are
  inadequate to insure future generations an opportunity to
  appreciate and enjoy the rich heritage of our Nation

  -That the Federal Government accelerate its historic and
  preservation programs and activities to encourage agencies
  and individuals undertaking preservation by private means,
  and to assist the States, local governments, and the NTHP
  to expand their preservation programs.

  TITLE I; Section 101, authorized the Secretary of Interior to:

  • -Expand and maintain a national register of districts, sites,
    buildings, structures, historic objects, architecture,
    archeology and culture—and to grant funds for the States
    to conduct statewide surveys and plans, for preservation,
    acquisition and development of historic properties.

  • -Establish programs for matching grants-in-aid to States for
    preservation of properties, architecture, archeology, and
    culture.

  • -Establish programs for matching grants-in-aid to NTHP (chartered
    10/26/49) to carry out its responsibilities.

    (appropriated $2,000,000 in 1966 and $10,000,000 for each
    of three succeeding years)

  TITLE II; Section 201, established an Advisory Council on Historic
  Preservation composed of 17 members, ten to be appointed by the
  President.

  Section 202 describes duties of the Council: to advise the
  President and Congress on matters of Historic Preservation, to
  encourage cooperation with the NTHP and individuals, to recommend
  that studies be conducted by the States and the effects of tax
  policies on preservation, to advise and assist the States to
  draft legislation, to encourage training and education in the
  field of historic preservation; requires Council to submit annual
  report of activities.

  Section 203 authorizes the Council to secure information, suggestions,
  estimates and statistics from Federal agencies for purposes
  of historic preservation.

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  Section 204 states that the ten appointed members shall receive
  $100 per day plus their travel and subsistence expenses.

  Section 205 designates the Director of the National Park Service
  to be Executive Director of the Council, and to employ persons
  to carry out the provisions of the Act at the rate of $50 per day.

7.

• National Highway Safety Act of 1966 - established the National
  Highway Safety Council in the DOT, and required that "each State
  shall have a highway safety program approved by the Secretary,
  designed to reduce traffic accidents and deaths, injuries, and
  property damage resulting therefrom." The Act applies to safety
  programs rather than to design and construction or improvement
  work) and applies to all roads including those outside the
  Federal-Aid system; empowers the Secretary to reduce by 10% of
  Federal funds to States failing to implement a safety program,
  and to cut-off all safety funds for States failing to comply
  with the Act.

8.

• National Environmental Policy Act of 1969 declares that it is
  the policy of the United States to encourage productive and
  enjoyable harmony between man and his environment, to enrich
  the understanding of ecological systems and natural resources,
  and establishes a Council on Environmental Quality.

  Section 102 requires that policies, regulations, and laws of
  the Federal Government be interpreted and administered in accordance
  with NEPA; requires Federal agencies to use an interdisciplinary
  approach in planning and decision making; requires an
  EIS for all major Federal actions significantly affecting the
  environment.

  Section 103 requires agencies to review policies, regulations,
  and authorities and to recommend measures to bring these into
  conformity with NEPA.

  Section 104 requires Annual Environmental Quality Report to Congress.

  Section 105 establishes Council on Environmental Quality (CEQ)
  CEQ Guidelines:

  a.

  • Description of proposed action to permit a careful
    examination by other agencies

  b.

  • Probable impact on environment including wildlife and
    marine life.

  c.

  • Probable adverse effects and consequences.

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  d.

  • Alternatives to proposed actions.

  e.

  • Relationship of short term benefits to long term
    productivity.

  f.

  • Irreversible and irretrievable commitments of resources
    resulting from action.

  (Environmental Protection Agency authorized under Act)

9.

• Federal-Aid Highway Act of 1966 amended in 1968 declared that
  parkland, wildlife refuges, and historic sites were to be protected
  against encroachment by highway construction and that the
  Secretary of Transportation would not approve funds for highways
  affecting such lands unless there was no other feasible alternative
  and that all possible planning be done to minimize the
  effects of proposed highways.

  Twenty-three (approx.) other Acts govern the protection of
  migratory waterfowl and wetlands, archeological sites, wilderness
  areas, scenic rivers, air quality, and endangered species. The
  legislation described in detail (nine Acts above) are those
  most applicable to our interests and which we turn to in preserving
  Landscapes from highway encroachments. (Highways and
  Ecology: Impact Assessment and Mitigation, FHWA-RWE/OEP-78-2)