TOWN OF MORRISVILLE
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6.1.11 Archaeological Protection
Archaeological resources are protected on private and public lands through the North
Carolina Archaeological Resources Protection Act, the Unmarked Human Burial and
Human Skeletal Remains Protection Act, the North Carolina Archaeological Record
Program, SEPA, and various Federal laws. These laws are only applicable to projects that
are State or Federally approved, permitted or funded, or exist on State or Federal lands.
Although this often exempts many private development projects, the USACE does require
archaeological reviews for any project that needs a CWA Section 404 permit.
6.1.11.1 Archaeological and Historic Preservation Act
The Archaeological and Historic Preservation Act of 1974 provides protection of historical
American sites, buildings, objects, and antiquities of national significance. The act protects
all historical and archaeological data that could potentially be lost as a result of:
Flooding
Building of access roads
Erection of laborer communities
Relocation of highways and railroads
Alteration of terrain caused by the construction of dams (by the U.S. government and
private corporations)
Any alteration of terrain as a result of any federal construction project or any federally
licensed project
If any federal agency finds that a federally supported project may cause irreparable loss or
destruction of scientific, prehistorical, historical, or archaeological data, the agency must
notify the Department of the Interior so it may undertake recovery, protection, and
preservation of the data.
6.1.11.2 National Historic Preservation Act
The National Historic Preservation Act (NHPA) is the central act that establishes historic
preservation law. The act sets the policy for the U.S. government to promote conditions in
which historic properties can be preserved in harmony with modern society. The NHPA
authorizes the Department of the Interior to establish, maintain, and expand the National
Register of Historic Places (NRHP). State Historic Preservation Officer (SHPO)
responsibilities are established by this act, which charges the SHPO with the responsibility
of developing a statewide plan for preservation, surveying historic properties, nominating
properties to the NRHP, providing technical assistance to federal, State, and local agencies,
and undertaking the review of federal activities that affect historic properties.
6.1.11.3 Protection and Enhancement of the Cultural Environment, Executive Order 11593
This Executive Order requires the federal government to provide leadership in preserving,
restoring, and maintaining the historic and cultural environment of the nation. Federal
agencies, in cooperation with state historic preservation agencies, are to locate, inventory,
and nominate sites, buildings, districts, and objects as candidates for the NRPH. All sites