Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.1.1 - Environmental Review and Section 106 Consultation Process FAQ

Current through June 25, 2024
Environmental Review
The MSSHPO has a role in advising federal and state agencies
				  about historic properties in conjunction with activities that are subject to
				  environmental review. MSSHPO internal procedures are intended to follow federal
				  and state laws, regulations, and processes regarding historic properties. There
				  are differences between federal law and regulations regarding historic
				  properties and state laws and processes regarding cultural resources.
What is the Section 106 process?
Federal laws and regulations, starting with the National
				  Historic Preservation Act (NHPA) of 1966, are what drive modern cultural
				  resource practices. Section 106 of the NHPA requires Federal agencies take
				  their effects on historic properties (including archeological sites) into
				  account when planning projects. Other laws and regulations have been passed
				  since, producing a detailed set of procedures that have come to be known as the
				  "Section 106 Process." A summary of Section 106 regulations and how to use them
				  may be found on the web site of the Advisory Council on Historic Preservation
				  (ACHP).
What is the Section 106 bottom line?
The bottom line is: all federally funded, licensed, or
				  permitted projects must be reviewed for impacts to cultural resources. To
				  initiate a Section 106 review, please use the Request For Cultural Resource
				  Assessment form and associated guidance unless you have previously executed
				  agreement documents for project review with this office. If you have questions
				  about the form or your project, contact the Review and Compliance Officer at
				  (601)576-6940.
What sorts of projects are federally funded?
Federally funded projects include levees and Clean Water Act
				  (404) permits developed by the U.S. Army Corps of Engineers and highways funded
				  by the Federal Highway Administration through the Mississippi Department of
				  Transportation (MDOT). Federal funding can also include less obvious projects
				  such as those developed with money provided by the U.S. Department of Housing
				  and Urban Development (HUD) through Community Development Block Grants (CDBG).
				  These grants are administered through the Mississippi Development Authority
				  (MDA), but since the source of funding is federal, Section 106 regulations
				  apply. Communities often find that projects such as wastewater treatment
				  improvements fall under Section 106.
How about federally permitted projects?
The most commonly encountered permits are those issued by
				  the U.S. Army Corps of Engineers (COE), the Environmental Protection Agency
				  (EPA), the Federal Energy Regulatory Commission (FERC) and the Federal
				  Communications Commission (FCC). COE permits generally involve projects such as
				  bridges, pipeline crossings over streams, and projects that involve changes to
				  stream channels or flood plains. FERC permits are required for natural gas
				  pipelines and related facilities, while FCC permits are issued for cell towers.
				  Housing and Urban Development (HUD), Rural Development Agency (RDA), and
				  Federal Deposit Insurance Commission (FDIC) often issue loans and permits for
				  housing rehabilitation.
Who reviews the projects?
Each state has a State Historic Preservation Office and a
				  staff of archaeologists, architectural historians, and technical preservation
				  specialists. The Mississippi State Historic Preservation Officer (MSSHPO) is
				  the Director of the Mississippi Department of Archives and History (MDAH). A
				  list of staff involved in cultural resource assessments may be found at the
				  MDAH website at
www.mdah.ms.gov
.
When should I contact the Mississippi State Historic
				  Preservation Office?
The MSSHPO should be contacted as early as possible in the
				  project development process. MSSHPO staff can offer guidance and help to avoid
				  known archeological sites or areas likely to contain sites. Also, contacting us
				  early will allow us to determine if the building you are working on is listed
				  or eligible for listing for the National Register of Historic Places.
How do I submit a project for review?
The MSSHPO will accept project submissions by mail. Projects
				  should be submitted to:
Mailing Address:
Shipping Address:
MDAH Historic Preservation
Review and Compliance Officer
P. O. Box 571
Jackson Mississippi 39205
MDAH Historic Preservation
Review and Compliance Officer
100 South State Street
Jackson, MS 39201
How long does a review take?
By law, the MSSHPO is allowed 30 days for review. Most
				  reviews are completed in one to three weeks. Projects are date stamped and
				  reviewed in the order that they arrive. If the information provided to MSSHPO
				  is incomplete, or if additional information is required to complete our review,
				  the review period may be extended an additional 30 days, once the additional
				  information is received.
What is the outcome of a structural review?
After reviewing the photos and scope of work the MSSHPO will
				  determine the following:
1. The
				National Register eligibility of the building or structure
2. If found to be eligible, the effect of the
				project on the building or structure. If the structure is found to be
				ineligible for the National Register, the project may proceed without further
				review. If the structure is found to be eligible, any work performed on the
				structure must meet the Secretary of the Interior's Standards for the Treatment
				of Historic Properties.
What is the outcome of an archeological review?
The MSSHPO Archeologist performs a cultural resources
				  assessment, examining archeological site files, maps, and other background
				  information for the project area. If in the reviewer's judgment, the proposed
				  project area is very unlikely to contain archeological sites, a clearance
				  letter is sent and the process is complete. If, on the other hand, the area has
				  good potential for containing sites or if recorded sites are present, a letter
				  requesting an archeological survey is sent.
Who pays for the survey?
In the case of federally funded projects, the responsible
				  federal agency pays for the survey and for any additional investigations that
				  ultimately might be necessary. Cultural resource costs associated with
				  federally permitted projects are the responsibility of the developer/applicant.
What if no sites are found on the survey?
If the consultant finds no evidence of archeological sites,
				  a report describing the survey investigation is submitted for review. If the
				  fieldwork and report are judged by the MSSHPO Archeologist to be adequate, a
				  clearance letter is sent and the process is complete.
What if something is found?
If the consultant finds an archeological site (or sites)
				  within the project area, a recommendation will be made for systematic
				  archeological testing (referred to as a Phase II investigation) to determine if
				  the site is eligible for listing on the National Register of Historic Places
				  (NRHP). Testing generally involves controlled excavation of several test units
				  with the objective of determining if the site is significant. At the conclusion
				  of Phase II testing, two outcomes are possible. If the site is not considered
				  to be significant and the testing procedures and report are judged by the
				  MSSHPO Archeologist to be adequate, a clearance letter is sent and the process
				  is complete. If the site is judged to be significant, then the process moves to
				  mitigation (referred to as a Phase III investigation). At any stage,
				  consideration can be given to altering the proposed project to avoid
				  archeological sites.
Who pays for the testing?
As was the case with Phase I surveys, Phase II federally
				  funded projects are paid for by the responsible federal agency. In the case of
				  federally permitted projects, Phase II testing costs are the responsibility of
				  the developer.
What makes a site significant?
This is the key question, as not all sites are significant.
				  Significance is determined by evaluating whether a site is eligible for listing
				  in the National Register of Historic Places, by applying a set of criteria and
				  criteria considerations to the site. The four criteria are Criterion A:
				  association with an important historical event; Criterion B: association with
				  an important historical person; Criterion C: historically important
				  design/construction; and Criterion D: potential to yield important historical
				  or archeological information. Not surprisingly, most archeological sites that
				  are found to be significant fall under Criterion D. For further discussion
				  please refer to Section 3.0: Evaluating Site Significance.
What happens if a site is found to be
				  significant?
If a site is determined to be significant, it is said to be
				  an "eligible" property, meaning that it is eligible for listing in the National
				  Register of Historic Places. If the project cannot be modified to avoid the
				  site, then the damage caused by construction must be mitigated. This is usually
				  accomplished through major data recovery excavations, which are designed to
				  recover the information contained in the site prior to its destruction. Plans
				  for excavation are coordinated through the MSSHPO and the funding/permitting
				  federal agency through development of a Memorandum of Agreement (MOA). Other
				  alternative mitigations are also applicable if they are agreed upon by all
				  parties involved.
Who pays for the data recovery or salvage
				  excavations?
As was the case with Phase I surveys and Phase II testing
				  projects, federally funded projects are paid for by the responsible federal
				  agency. In the case of federally permitted projects, Phase III mitigation/data
				  recovery excavation costs or alternative mitigation costs are the
				  responsibility of the developer/applicant.