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., Interpretations continued page 4 (Issue #2) (The Register of Historic Places Act is an arbitrary, and vague set of regulations that only imply a moral duty onto state agencies such as the Mined Land Reclamation Board and the Division.) In order to put the Register of Historic Places Act into its own perspective, one must examine its construction to recognize that the applicable provisions are arbitrary and discretionary because they are driven by the word "SHOULD": 24-80.1-101. "...Legislative declaration. The general assembly hereby declares that sites and structures possessing historical significance are cultural resources of this state; that the preservation of such resources is in the interest of the citizens of this state; and that the planning and activities of state agencies SHOULD include the preservation of such resources..." RULES AND PROCEDURES STATE REGISTER OF HISTORIC PLACES Effective June 1, 1991: 7. REVIEW OF PROPOSED ACTIONS BY STATE AGENCIES 7.1 At the earliest stages of planning or consideration of a proposed action, the agency initiating the action SHOULD contact the Society to determine whether properties of historical significance may be located within the area of proposed action...." 7.2 When a state agency action may adversely effect a property fifty or more years old, the agency SHOULD seek the society's determination as to whether such property is of historical significance...." The statute and the rules quoted above apply to the Division and the Hoard's action on permit application M-93-023. (see Exhibit B-2) Because the legislature chose to use the word "SHOULD", the Register of Historic Places Act only implies a moral and discretionary duty on the agencies, without provisions of enforcement or penalty for non-compliance. (This Act imposes nothing onto the applicant and the property owner.)