Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 8 - State of Mississippi Procedures for the Certified Local Government Program › Rule 16-3-8.6 - CLG Participation in the National Register Process

Current through June 25, 2024
The CLG will be involved in the National Register process in
				  the following manner:
A. Unless the
				CLG itself has initiated the nomination, the MDAH/SHPO will forward a copy of
				completed National Register nominations to the CLG for all properties within
				that jurisdiction within sixty (60) days of receipt of the nomination by MDAH.
The CLG shall submit a statement to the MDAH/SHPO regarding
				  the eligibility of each property or district proposed for nomination to the
				  National Register within its jurisdiction. This statement shall include the
				  recommendation of the Commission and must include the opinion of the chief
				  elected official or governing body. The statement may be as simple as an
				  affirmation that the property is eligible, or it may be a lengthy research
				  report stating why the property should not be nominated. The statement or
				  report should concentrate on the propertys eligibility under the National
				  Register of Historic Places criteria. Guidelines on how to apply these criteria
				  in the evaluation of an individual property will be provided by the MDAH/SHPO.
				  Reference could also be made to the CLGs historic preservation plan or other
				  relevant planning documents. A copy of the report prepared by the CLG for the
				  MDAH/SHPO shall be made available within the local jurisdiction for public
				  inspection.
If the CLG does not provide a statement in a timely fashion,
				  the nomination will be processed. However, frequent failure to submit
				  statements on the eligibility of properties nominated within the jurisdiction
				  of the CLG after the MDAH/SHPO has informed the CLG of a pending nomination
				  will be considered during the next scheduled performance evaluation and may
				  have an effect on the communitys continued certification.
B. Within sixty (60) days of the of the date
				of the nomination is forwarded to the CLG, after providing a reasonable
				opportunity for public comments, the Commission shall prepare, and the chief
				elected official or local coordinating official shall transmit to the MDAH/SHPO
				and the property owner(s), a statement reflecting the CLGs opinion regarding
				the eligibility of the property. If the Commission and chief elected official
				or governing body do not agree, both opinions shall be forwarded.
C. If both the Commission and the chief
				elected official or governing body recommend that a property not be nominated
				because the property does not meet National Register of Historic Places
				criteria, the MDAH/SHPO will so inform the property owner(s) and the
				Mississippi Historic Preservation Professional Review Board (Review Board), and
				the property will not be nominated unless an appeal is filed within sixty (60)
				days with the MDAH/SHPO under the regulation established for the appeals
				process which is outlined in Section 101 (c) (2) of the National Historic
				Preservation Act (and in the State Program Manual).
D. If either or both the Commission and the
				chief elected official governing body agree that the property meets National
				Register of Historic Places eligibility criteria, and when the National
				Register nomination is professionally and technically sufficient to meet
				National Register standards as interpreted by the MDAH/SHPO, the nomination
				will be transmitted for review to the Review Board. The opinion or opinions of
				the Commission and the chief elected official/governing body will be presented
				to the Review Board at that time for its consideration.
E. After considering all opinions, the State
				Review Board shall make its recommendation to the MDAH/SHPO, who will then make
				a final determination regarding submission of the nomination to the Keeper of
				the National Register pursuant to Section 101 (a) of the Act and
				36
				CFR 60.6. The Commission, the chief elected
				official/governing body, the property owner, or any member of the public may
				appeal the final SHPO decision directly to the Keeper under the provisions
				outlined in
				36 CFR 60.12
In order to expedite the nomination process, a CLG may elect
				  to send a supporting letter with the nomination when it is first submitted to
				  the MDAH/SHPO. The letter should be signed by both the chief elected official
				  and the authorized representative of the Commission. The letter may be
				  accompanied by a formal report, but should, at the least, clearly state that in
				  their opinion the property is eligible for the National Register.
Upon written agreement between the CLG and the MDAH/SHPO, the
				  CLG may elect to have all National Register nominations within their
				  jurisdiction acted upon locally before being submitted to MDAH. In this case,
				  copies of any nominations received by MDAH without having first been acted upon
				  by the CLG will be provided to the CLG, and no action will be taken by MDAH
				  until the CLG has acted upon the nomination. If the city has not acted upon the
				  nomination within sixty (60) days, the applicant may resubmit it to MDAH for
				  action.
Upon written agreement between the CLG and the MDAH/SHPO, the
				  CLG may elect to assume responsibility for notification of property owners and
				  the public throughout the nomination process. In this case, it will be the
				  responsibility of the CLG to meet the public notice requirements specified by
				  the National Register nomination procedures of the Department of the Interior.
				  In addition to the requirement for public input into the above reporting
				  requirement and notification to property owners regarding the CLGs opinion
				  concerning the National Register eligibility of their property, the CLG will be
				  responsible for notifying property owners, other local government agencies, and
				  county and/or regional planning agencies as appropriate throughout the
				  nomination process and for providing MDAH/SHPO with copies of all notification
				  notices. Unless otherwise stated in the agreement, the MDAH/SHPO will provide
				  notification of nominations to the National Park Service, certified local
				  program organizations, and appropriate federal and state officials.
Participation in the notification procedures throughout the
				  nomination process will provide the CLG with greater opportunity for public
				  input and for resolving local differences of opinion prior to submission of the
				  nomination to the Review Board.
If a CLG assumes the notification responsibilities, the
				  MDAH/SHPO will provide guidelines regarding persons to be contacted and the
				  content and timing of the notification letters. The CLG will maintain on file
				  records documenting the notification actions that are taken.
F. CLG notification procedures do not apply
				when a Federal agency nominates a property under its ownership or control. CLSs
				are encouraged to coordinate with Federal agencies to the extent practical,
				however, in the consideration of such nominations.
Miss. Code §§
										39-13-3,
				  39-13-5,
				  39-13-7,
				  39-13-9,
				  25-1-17,
				  39-7-1
				  (1972, as amended).