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i <br /> <br />I , <br /> <br /> <br /> <br />1 <br /> <br /> <br /> <br /> <br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />In 1971, President Richard Nixon signed Executive Order 11593, <br />"Protection and Enhancement of the Cultural Environment." This <br />Order authorized federal agencies, with the advice of the Secretary <br />of Interior in cooperation with SHPO's, to locate, inventory, and <br />nominate to the Secretary of the Interior all sites, buildings, <br />districts, and objects under their jurisdiction or control that <br />appear to qualify for listing on the NRHP. In addition to <br />requiring the above process, this Presidential Order offered <br />protection to those properties determined eligible for and <br />nominated to the NRHP. Subsequent amendments to the NHPA <br />incorporated the programs and requirements of the EO. <br />Three years later, in 1979, the Archaeological and Historic <br />Preservation Act (P.L. 93-291; 88 Stat. 179; 16 USC 969) required <br />the Secretary of the Interior be notified of any federal project <br />that would adversely affect a significant archaeological or <br />historical property and that a data recovery or mitigation program <br />for cultural resources be implemented if appropriate. <br />The Archaeological Resources Protection Act (ARPA) of 1979 <br />(P.L. 96-95; 93 Stat. 721, 16 USC 970a) supersedes the 1906 <br />Antiquities Act (P.L. 59-209; 93 Stat. 225, 16 USC 432-32). ARPA <br />provided that prior to excavations on federal lands permits for <br />archaeological investigations must be obtained from the agency with <br />jurisdiction over the lands and resources. ARPA also established <br />stiff fines and extended prison sentences for individuals removing <br />artifacts from public lands without a permit. It has since been <br />amended to clarify the punitive aspects of the law. <br />To implement these laws, a number of regulations have been <br />promulgated by the Department of the Interior, primarily through <br />the National Park Service, the agency charged with administration <br />of the National Register of Historic Places (NRHP) program. What <br />13 <br />