Federal Laws and Acts Flashcards
Eminent domain powers are granted under which constitutional amendment
by the Fifth Amendment
Federal Highway Act of 1934
States may use up to 1.5% of a highway project’s federal fund for the planning phase of the project
Federal Highway Act of 1916
Required that each state designate a department of Transportation
Antiquities act of 1906
Allowed national monument declarations by the president without congressional approval. First law to institute federal protection for preserving historic landmarks, historic and prehistoric structures, and objects of historic or scientific interest.
First National Monument
Devils Tower, WY (Teddy Roosevelt)
First National Park
Yellowstone National Park, 1872
Disaster Mitigation Act of 2000
Requires state and local governments to prepare and adopt multi-hazard mitigation plans approved by FEMA in exchange for ability to receive hazard mitigation grants from FEMA.
Coastal Zone Management Act (1972)
Requires federal projects and activities such as federal permitting through federal consistency review, to be in essence subject to specific agreed upon state laws and regulations in exchange for the state’s adoption of Coastal Zone Management
Section 404 of the Dredge and Fill program
Federal protection of estuaries and marine systems through mandatory permitting program.
NEPA (1969)
Requires that the environmental impacts of a federal project be considered. Environmental Assessment needs to occur first, and either determine a “FONSI” (Finding of no significant impact). If not FONSI, requires a full blown EIS.
Federal Highway Act of 1956
Authorized the Interstate Highway System (Eisenhower)
Refuse Act of 1899
Widely considered the first type of environment protection legislation in the US. A section of the harbors act of 1899, it prohibited the “dumping of refuse” into navigable water, except by permit.
First Earth Day
4/22/1972
Land Ordinance of 1785 and Northwest Ordinance of 1787
Established the Public Land Survey System (PLSS) for all lands west of Pittsburgh, dividing land into 6 mile by 6 mile townships, then further dividing into 1 square mile (640 acre subunits) called sections. Called the “largest single act of national planning efforts” in US history
Homestead Act (1862)
Opened the lands of public domain for westword expansion, by offering settlers a 1/4 section (160 acres) of land for a small filing fee, five years of residence, and demonstration of improvements. Had the impact of shifting more of the US population west of the mississippi.
Morrill Act (1862)
Congress authorizes land grants from the public domain to the states. Proceeds from the sale were used to found colleges offering instruction in agriculture, engineering, and other practical arts. Provided each state with 30,000 acres of federal land for each member in their congressional delegation.
Tenement House Act of 1879
Required that every habitable room had a window opening to plain air. “Dumbbell Tenements” (or old law tenements) circumvented the rule by creating a narrow airshaft in between two building masses, commonly built in new york until the end of the 19th century. Notorious for the poor living conditions due to lack of light, air, and space.
General Land Law Revision Act (1891)
Gave the president power to create forest preserves by proclamation
Forest Management Act (1897)
Authorized some control by the secretary of the interior over the use and occupancy of the forest preserves, gave the USGS responsibility for mapping the reserves
New York State Tenement House Law (1901)
Legislative basis for the revision of city ordinances that outlawed the “dumbbell tenement”
Housing Act of 1949
The Housing Act of 1949 was passed to help address the decline of urban housing following the exodus to the suburbs. The legislation provided governance over how federal financial resources would shape the growth of American cities. Components of the legislation aimed at reducing housing costs, raising housing standards, and enabling the federal government for the first time, to aid cities in clearing slums and rebuilding blighted areas. The program emphasized new construction. In addition to improving the available housing stock, the program made open space land, neighborhood facilities, and basic water and sewer facilities eligible for federal assistance.
Housing Act of 1954
Creates the Federal Urban Renewal Program, and provided funding for 140,000 residential units through slum clearing
Housing Act of 1968
Prohibited discrimination concerning the sale, rental, and financing of housing based on race, religion, national origin, and sex. Title VIII of the Act is also known as the Fair Housing Act (of 1968).
Standard State Zoning Enabling Act (1924)
Issued by the US Department of Commerce, it was a model law for U.S. states to enable zoning regulations in their jurisdictions. It was one of the most important developments in land use planning in the United States, and laid the basic foundation for land development controls in the U.S. The SSZEA had nine sections. It included a grant of power, a provision that the legislative body could divide the local government’s territory into districts, a statement of purpose for the zoning regulations, and procedures for establishing and amending the zoning regulations. A legislative body was required to establish a zoning commission to advise it on the initial development of zoning regulations.
Standard City Planning Enabling Act (1928)
“Also issued by the US Department of Commerce, laid the foundation for municipal land use controls and regulations. The act covered six main categories: the organization and power of the planning commission, which was directed to prepare and adopt a ““master plan””, the content of the master plan for the physical development of the territory, provision for adoption of a master street plan by the governing body, provision for approval of all public improvements by the planning commission, control of private subdivision of land, and
provision for the establishment of a regional planning commission and a regional plan”
The New Deal (1933-1939)
A series of programs, public work projects, financial reforms, and regulations enacted by President Franklin D. Roosevelt in the United States between 1933 and 1939. It responded to needs for relief, reform, and recovery from the Great Depression. The programs focused on what historians refer to as the “3 Rs”: relief for the unemployed and poor, recovery of the economy back to normal levels, and reform of the financial system to prevent a repeat depression.
Tenement House Act of 1867
Legally defined a tenement for the first time and set basic construction regulations. Required fire escapes for each suite, a window for every room, and one toilet per 20 people. Also required connection to sanitary sewer
National Housing Act (1934)
Passed as part of FDR’s new deal program. It established the FSLIC for insuring savings deposits and the FHA for insuring individual home mortgages.
National Historic Preservation Act (1966)
Established the National Register of Historic Places and provided, through its Section 106, for the protection of preservation-worthy sites and properties threatened by federal activities. It also creates the national Advisory Council on Historic Preservation and directs states appoint a State Historic Preservation Officer (SHPO).
Housing and Community Development Act (1974)
replaces the categorical grant with the Community Development Block Grant as the principal form of federal aid for local community development
Intermodal Surface Transportation Efficiency Act (ISTEA)
First federal transportation law to mandate local planning
Religious Land Use and Institutionalized Persons Act (2000)
Established churches and religious institutions as a protected land use classification, and provided religious protections for incarcerated peoples
