Executive Order 11593: Protection and Enhancement of the Cultural Environment

Executive Order 11593 was issued by President Nixon on May 13, 1971, directing federal agencies to inventory their cultural resources and establish policies and procedures to ensure the protection, restoration, and maintenance of federally owned sites, structures, and objects of historical, architectural, or archaeological significance.

History and provisions
In 1971, five years after Congress enacted the National Historic Preservation Act, President Nixon signed Executive Order No. 11593. The Executive Order required Federal agencies to administer cultural properties under their control and direct their policies, plans, and programs in such a way that federally owned sites, structures, and objects of historical, architectural, or archeological significance were preserved, restored, and maintained. To achieve this goal, Federal agencies were required to locate, inventory, and nominate to the National Register of Historic Places all properties under their jurisdiction or control that appear to qualify for listing in the National Register. The courts have held that Executive Order No. 11593 obligates agencies to conduct adequate surveys to locate "any" and "all" sites of historic value, although this requirement applies only to federally owned or federally controlled properties. Moreover, the Executive Order directed agencies to reconsider any plans to transfer, sell, demolish, or substantially alter any property determined to be eligible for the National Register and to afford the Council an opportunity to comment on any such proposal. Again, the requirement applied only to properties within Federal control or ownership. Finally, the Executive Order required agencies to record any listed property that may be substantially altered or demolished as a result of Federal action or assistance and to take necessary measures to provide for maintenance of and future planning for historic properties.

Validity
Two courts have found that citizens have a right of action under Executive Order No. 11593, but other courts disagree, finding that the Executive Order is only a "managerial tool" for the Executive Branch. Other courts have not addressed this issue but simply allowed the action. Opinions differ as to whether compliance with other preservation laws satisfies the requirements of Executive Order No. 11593. Just as for Section 106, noncompliance with Executive Order No. 11593 is not a defense to a condemnation action.