reglab/statecodes huggingface dataset:
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 16-3-8.2 - Description and Statement of Purpose

Current through June 25, 2024
A. The Certified
				Local Government Program is designed to promote the preservation of prehistoric
				and historic sites, structures, objects, buildings, and historic districts by
				establishing a partnership between the local government and the Mississippi
				Department of Archives and the Mississippi State Historic Preservation Office
				(MDAH/SHPO), which seeks to encourage and expand local involvement in
				preservation issues. Such partnership will help to assure that:
1. historic preservation issues are
				understood ad addressed at the local level and are integrated into the local
				planning and decision making process at the earliest possible
				opportunity;
2. local interest and
				concerns are integrated into the identification, evaluation, nomination, and
				protection processes of the MDAH/SHPO;
3. information concerning local historic
				preservation issues is provided to the MDAH/SHPO and to the public;
4. local landmark legislation, including but
				not limited to a historic preservation ordinance and historic preservation
				commissions are established in cities where they do not yet exist and are
				updated, if necessary, in cities where they already exist; and
5. existing Mississippi State Survey File
				information is made available to the local community to use in identifying and
				defining community and neighborhood development and conservation
				areas.
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 16-3-8.4 - Process for Certifying Local Governments

Current through June 25, 2024
A. To initiate the
				process of Certifying a local government for participation in the CLG program,
				the chief elected official of the local government shall request recognition as
				a Certified Local Government from the MDAH/SHPO. The application for
				certification shall be in the format established by the MDAH/SHPO and shall
				include the following:
1. A written assurance
				by the chief elected official that the local government fulfills the
				requirements of Rule 8.3 above;
2.
				A copy of the local historic preservation ordinance which creates the Historic
				Preservation Commission, along with resumes for each commission member and
				confirmation that they have been appointed to the commission;
3. A list of locally designated landmarks,
				landmark sites and districts, together with maps indicating their locations and
				copies of the local ordinance(s) so designating them, if the local government
				has made such designations prior to certification.
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 16-3-8.5 - Process for Monitoring and Decertification of Certified Local Governments in Mississippi

Current through June 25, 2024
A. The MDAH/SHPO
				shall conduct periodic review and monitoring of CLGs no less often than once
				every four years. The review shall ensure that each CLG is fulfilling its
				required responsibilities and that the CLGs performance of those
				responsibilities is consistent and coordinated with the criteria as listed in
				Rule 8.3 and 8.4(A) (1-3) above. The MDAH/SHPO may perform its review during an
				on-site visit.
B. Upon completion
				of the review, the MDAH/SHPO shall inform the CLG by letter, whether or not the
				CLG has been evaluated as adequate or inadequate. At this time the MDAH/SHPO
				may offer opinions and advice on each CLG program. An adequate evaluation by
				the MDAH/SHPO requires no response from the CLG.
C. If the MDAH/SHPO evaluation indicated that
				the performance of the CLG is inadequate because the CLG has not maintained the
				specific criteria as listed in Rule 8.4(A) (1-5) above, the MDAH/SHPO shall
				document that assessment and recommend to the CLG when the CLGs performance is
				inadequate. Generally, the CLG shall have a period of not less than thirty, not
				more than one hundred and eighty working days to implement improvements. If
				after this period, the MDAH/SHPO determines through documentation that the CLG
				has not regained nor cannot be expected to maintain the specific criteria as
				listed in Rule 8.4(A) (1-5), the MDAH/SHPO shall place the CLG on suspension.
				While on suspension the CLG may not apply for or receive CLG grants. If the CLG
				has not addressed these issues within six months, the MDAH/SHPO shall send the
				appropriate documents citing specific reasons for the recommendations to
				decertify to the Secretary of the Interior, or designee. Copies of the
				correspondence between the MDAH/SHPO and the Secretary of the Interior shall be
				sent to the CLG. The effective date of decertification will be the date on
				which the decertification is approved by the Department of the
				Interior.
D. CLGs may appeal to the
				National Park Service, or designee, the MDAH/SHPOs decisions to
				decertify.
E. CLGs may petition the
				MDAH/SHPO to be decertified voluntarily and without prejudice.
F. In the event that a CLG is voluntarily or
				involuntarily decertified, the MDAH/SHPO acknowledges its responsibilities to
				conduct financial assistance close-out procedures as specified in the HPF
				grants manual.
G. If the CLG wishes
				to become recertified it must reapply for certification.
Miss. Code §§
										39-13-3,
				  39-13-5,
				  39-13-7,
				  39-13-9,
				  25-1-17,
				  39-7-1
				  (1972, as amended).
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 16-3-8.7 - Subgranting of Historic Preservation Funds to Certified Local Governments

Current through June 25, 2024
In order to be eligible to receive a portion of the local
				  share of the Historic Preservation Fund (HPF) allocation in Mississippi, the
				  Secretary of the Interior requires that each certified local government;
A. Shall maintain adequate financial
				management systems which:
1. Shall be in
				accordance with the standards specified in the Office of Management and Budget
				(OMB) Circular A-102, attachment G, Standards for Grantee Financial Management
				System;
2. Are auditable in
				accordance with the OMB circular A-133 Audit Requirements.
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 16-3-8.8 - Funding Priority

Current through June 25, 2024
. In order to promote local preservation activities to the
				  greatest extent possible, the Mississippi Department of Archives and History
				  (MDAH) will seek to ensure that the designated funds are distributed to
				  qualified CLGs without prejudice and shall make reasonable efforts to
				  distribute the funds among the maximum number of eligible CLGs to the extent
				  that such distribution is consistent with federal regulation. When possible,
				  MDAH shall distribute these funds to create a geographic balance and to ensure
				  a reasonable distribution between Mississippis urban and rural areas. No CLG
				  shall receive a disproportionate share of the allocation.
The SHPO, or designee, shall review and evaluate each
				  proposal and shall recommend to the Board of Trustees of the MDAH the award of
				  funds on a competitive basis to CLGs based on the following general
				  priorities.
A. Projects that
				revitalize the communitys historic downtown commercial core.
B. Projects that revitalize the communitys
				historic neighborhoods.
C. Projects
				that conserve historic rural resources, including the farms and plantation
				settings, and any other historic resources and the completion of survey
				activities.
D. Projects that
				emphasize the identification of historic resources and the completion of survey
				activities.
E. Projects that
				emphasize the completion of evaluation; i.e. nomination of resources to the
				National Register.
F. Projects that
				emphasize the education of the general public about historic
				preservation.
G. Projects that
				emphasize the education of the Historic Preservation Commission, including the
				preparation of guidelines for the Commission.
H. Projects that offer creative, viable ways
				to implement the preservation of Mississippis prehistoric and historic
				resources. MDAH shall ensure that when such proposals are submitted they will
				be reviewed and evaluated without prejudice.
I. Other priorities set by MDAH.
These funding priorities are subject to change within the
				  evolution of Mississippis comprehensive historic preservation planning process.
				  If these priorities do change, CLGs will be advised of the new
				  priorities.
Miss. Code §§
										39-13-3,
				  39-13-5,
				  39-13-7,
				  39-13-9,
				  25-1-17,
				  39-7-1
				  (1972, as amended).
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 16-3-8.9 - Criteria for Selection

Current through June 25, 2024
The MDAH/SHPO shall allocate the CLG share of its annual HPF
				  grant to eligible CLGs in the following manner.
A. Each CLG shall submit written proposals
				for the use of Mississippis HPF CLG grant share to the MDAH/SHPO.
B. The SHPO, or designee, and the SHPO staff
				shall review and evaluate these proposals, and recommend grant awards to the
				Board of Trustees of the MDAH based on the following criteria. The proposal
				must:
1. Clearly state specific, tangible
				goals for the CLG that are realistically attainable within the funding period;
				i.e., all proposals must show that the amount of funding requested will produce
				a specific impact, and that the funds awarded will be sufficient to generate a
				specific, tangible impact, directly as a result of the funds transferred. The
				requirement for tangible results of these grants may not be waived.
2. Provide to MDAH assurance of an acceptable
				non-federal matching share (50%) as required by MDAH.
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 16-3-8.10 - The Role of the MDAH/SHPO in the CLG Program

Current through June 25, 2024
Within the CLG program, the MDAH/SHPO assumes many
				  responsibilities, both to the federal government and to the certified local
				  governments. The responsibilities of the MDAH/SHPO include, but are not limited
				  to, the following:
A. The MDAH/SHPO
				shall make available to the public, upon request, the rationale for the CLG
				applicants selected, and the amounts of grants awarded. This information may be
				provided in written format.
B. The
				MDAH/SHPO acknowledges that it is responsible, through financial audit, for the
				proper accounting of HPF CLG share monies in accordance with the Office of
				Management and Budget Circular A-133 Audit Requirements.
C. As indicated in Rule 8.4(A), during its
				periodic evaluation of CLGs, the MDAH/SHPO shall perform an assessment of the
				fiscal management of HPF monies.
Miss. Code §§
										39-13-3,
				  39-13-5,
				  39-13-7,
				  39-13-9,
				  25-1-17,
				  39-7-1
				  (1972, as amended).
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 16-3-8.11 - Application Timetable

Current through June 25, 2024
A. Each year, as
				the time approaches for the annual appropriation of federal historic
				preservation funds, MDAH/SHPO will send a letter to CLGs to inform them of the
				upcoming grant cycle and to request that they submit notices-of-intent for
				proposed CLG grant projects.
B.
				After passage of the annual federal Historic Preservation Fund appropriation by
				Congress, MDAH/SHPO will be notified by the Department of the Interior of the
				states projected allocation (planning figure) for that fiscal year. This
				usually occurs after October 1 each year but varies depending on when Congress
				and the President finalize the annual Federal budget.
C. MDAH/SHPO then notifies the certified
				local governments of amount of funds available for the CLG grant program and
				provides a form for CLGs to use in applying for grant funds.
D. Following a reasonable length of time
				after notification of the availability of CLG grant funds, MDAH/SHPO receives
				applications from certified local governments.
E. At the next scheduled quarterly meeting of
				the Board of Trustees of MDAH, the Board selects the Projects to be
				funded.
F. After MDAH/SHPO receives
				formal obligation of federal funds from the Department of the Interior,
				MDAH/SHPO notifies the local governments of grant awards.
Miss. Code §§
										39-13-3,
				  39-13-5,
				  39-13-7,
				  39-13-9,
				  25-1-17,
				  39-7-1
				  (1972, as amended).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 9 - Geographic Information System (GIS Fee Schedule) › Rule 16-3-9.1

Current through June 25, 2024
MDAH has been working with the Geospatial Group and ITS to
				  develop the Geographic Information System. This application will move the
				  Archaeological and Architectural data that is currently stored on paper maps
				  into a digital media. This will allow us to combine the spatial data that is on
				  the paper maps with the tabular databases such as the Mississippi Landmarks,
				  the National Register, the Mississippi Archaeological Sites File, and the
				  Archaeological Survey Reports to perform complex queries to learn more from our
				  data. The GIS application will also allow us to get our data out to Federal and
				  State Agency faster in cases of natural disasters. It will also allow persons
				  doing Section 106 compliance work to have access to our data online so they do
				  not have to travel to our office to perform their background research on their
				  Section 106 project area.
Because the locations of most of these sites are restricted
				  from public access, we have designed three levels of access to the public. The
				  first is Public Access. From this level a person would be able to find
				  information about Mississippi Landmarks and National Register Properties. The
				  second (Subscriber 1) would have access to see all the data that was in public
				  as well as important rural architectural properties and have the ability to
				  submit properties to the Historic Resource Inventory Database. The third level
				  (Subscriber 2) would have full access to all the data in the GIS both
				  Archaeological and Architectural and have the ability to submit properties to
				  the Historic Resource Inventory Database. Subscriber 1 and Subscriber 2 users
				  will have to be approved by Historic Preservation staff.
Since the GIS application will be housed at ITS, we need a
				  way to offset the monthly fees that ITS is charging MDAH. In order to do this,
				  we recommend adoption of the following annual access fees for those approved to
				  utilize the GIS application:
Subscriber 1:
$ 100
Subscriber 2
$ 1,300
Miss. Code §§
										39-5-1,
				  25-59-1
				  (1972, as amended).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 10 - Historic Preservation Division Fee Schedule › Rule 16-3-10.1

Current through June 25, 2024
A. Photocopies: The charge for photocopies is
				$0.25 per page.
B. Digital
				Images/Printing (Payment in advance is required):
Type
Cost
300 ppi TIFF(s) on CD-R (scan only)
$7.00 each
5 x 7 print(s) on archival photo paper (scanned and
						  printed)
$8.00 each
8 x 10 print(s) on archival photo paper (scanned and
						  printed)
$9.00 each
5 x 7 print(s) on archival paper from digital image (no
						  scan)
$4.50 each
8 x 10 print(s) on archival paper from digital image (no
						  scan)
$5.50 each
Miss. Code §§
										39-5-1,
				  25-59-1
				  (1972, as amended).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 11 - Guidelines for Archaeological Investigations and Reports in Mississippi › Rule 16-3-11.1 - Professional Qualifications

Current through June 25, 2024
MDAH-SHPO requires individuals or groups conducting
				  federally-funded archaeological research, or research as a result of federal or
				  state permits and licenses in the State of Mississippi, to meet the minimum
				  professional qualifications outlined in the Secretary of the Interiors
Standards and Guidelines, Archaeology and Historic
				  Preservations
Professional Qualifications Standards (
Federal
				  Register
vol. 48, no. 190, 9-29-83, Part IV, pg. 44738-44739).
				  Throughout the duration of the archaeological investigation, either the
				  Principal Investigator or Field Director should be present in the field
				  directing and monitoring the activities of the Field Crew. To meet the minimum
				  professional qualifications in archaeology:
A. The
Principal
				Investigator
must:
1. have a graduate
				degree in anthropology, archaeology, or closely related field, plus:
2. At least one year of full-time
				professional experience or equivalent specialized training in archaeological
				research, administration or management;
3. At least four months of supervised field
				and analytic experience in general North American archaeology; and
4. Demonstrated ability to carry research to
				completion.
In addition to these minimum qualifications, a Principal
				  Investigator in prehistoric archaeology shall have at least one year of
				  full-time professional experience at a supervisory level in the study of
				  archaeological resources of the prehistoric period. A Principal Investigator in
				  historic archaeology shall have at least one year of full-time professional
				  experience at a supervisory level in the study of archaeological resources of
				  the historic period.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 11 - Guidelines for Archaeological Investigations and Reports in Mississippi › Rule 16-3-11.2 - Consultant List

Current through June 25, 2024
Effective August 1, 2001, MDAH-SHPO will maintain a
				  consultant list comprised solely of archaeologists and companies who meet the
				  Secretary of Interiors minimum Standards for archaeology. Also effective August
				  1, 2001, MDAH-SHPO will only accept reports (Phases I, II and III) resulting
				  from section 106 or antiquities law projects from individuals or companies who
				  meet these standards. Federal and State archaeologists performing cultural
				  resource work for their respective agencies, however, are exempt from this
				  policy. Furthermore, a policy regarding probationary and permanent removal from
				  the consultant list has also been devised.
A. Removal from List: Each consultant working
				in Mississippi is responsible for adhering to MDAH-SHPOs Guidelines for
				Archaeological Investigations and Reports in Mississippi. When MDAH-SHPO
				receives a deficient report, the report will be placed on hold, and the
				appropriate Federal agency, applicant, or licensee will be notified of its
				deficiencies. When the deficiencies are corrected, the report will receive
				clearance.
If a consultant's CRM reports are placed on hold three (3)
				  times within one year, MDAH-SHPO will notify the consultant in writing and
				  provide the consultant an opportunity for a hearing before the SHPO, Deputy
				  SHPO, Chief Archaeologist, and Review and Compliance Officer before further
				  actions, if necessary, are taken. If, at the conclusion of the hearing, a
				  satisfactory explanation for the deficiencies has not been presented, the
				  consultants name will be removed from the list, and his/her reports will not be
				  accepted by MDAH-SHPO for one (1) year. At the end of one year, the consultant
				  may submit a written request to MDAH-SHPO to have his/her name reinstated to
				  the list.
B. Permanent
				Removal from List: Serious ethical and legal violations will result in the
				permanent removal of a consultant from the list and in the permanent refusal of
				MDAH-SHPO to accept the consultants reports. Again, the consultant will be
				notified of the problem/s in writing and provided an opportunity for a hearing
				before the SHPO, Deputy SHPO, Chief Archaeologist, and Review and Compliance
				Officer to appeal the permanent removal.
Miss. Code §§
										39-7-3,
				  25-59-1
				  (1972, as amended).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 11 - Guidelines for Archaeological Investigations and Reports in Mississippi › Rule 16-3-11.3 - Laboratory and Curation Guidelines

Current through June 25, 2024
The following guidelines should be followed when preparing
				  recovered archaeological materials and generated field records for
				  curation:
A. Laboratory Guidelines:
1. Laboratory personnel should have an
				undergraduate degree in anthropology, archaeology, or closely related field, or
				possess considerable experience and demonstrated knowledge of standard
				analytical techniques, existing regional typologies, and the ability to
				recognize and evaluate both historic and prehistoric artifacts.
2. Standard analytical techniques and
				existing typologies, as appropriate for Southeastern prehistoric and historic
				archaeological studies, should be employed.
3. Proper stabilization and conservation
				techniques should also be employed.
4. All recovered cultural material should be
				cleaned, labeled, catalogued, and prepared for curation.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 11 - Guidelines for Archaeological Investigations and Reports in Mississippi › Rule 16-3-11.5 - Terrestrial Archaeological Research

Current through June 25, 2024
As previously stated, Sections 106 and 110 of the National
				  Historic Preservation Act (NHPA) of 1966, as amended, require federal land
				  management agencies and others receiving federal funds, licenses, or permits
				  for land alteration projects to consider cultural resources within their
				  projects area of potential effects. Usually this process consists of locating
				  sites, determining if they are eligible for inclusion in the National Register
				  of Historic Places, as well as assessing the effects of the project, if any, on
				  the resources. This does not mean every single site must be found. Instead, it
				  means the responsible agency must make a reasonable and good faith effort to
				  consider all kinds of historic properties in the projects area of potential
				  effects (Section 301[7]; King 1998:62, 67). Therefore, research designs and
				  survey or testing methodologies should reflect this concept of reasonable and
				  good faith effort (Advisory Council on Historic Preservation 1986:20).
The following section briefly outlines Phase I, II, and III
				  techniques and guidelines that should assist archaeologists and agency
				  administrators in developing research designs, primarily for Phases II and III,
				  capable of retrieving sufficient amounts of data to identify and evaluate
				  terrestrial cultural resources. Each phase should be approached within the
				  context of a research design with project results contributing to a better
				  knowledge and understanding of Mississippis past.
Miss. Code §§
										39-7-1,
				  25-59-1
				  (1972, as amended).
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 11 - Guidelines for Archaeological Investigations and Reports in Mississippi › Rule 16-3-11.6 - Create a Research Design for Terrestrial Cultural Resources

Current through June 25, 2024
A. Create a Research Design: An explicit
				research design should govern all archaeological work, especially Phase II and
				III investigations. Prior to going into the field, a design or plan should be
				created addressing the justification and legitimacy of the proposed field work,
				as well as the techniques to be employed. Furthermore, the research design
				should reflect the needs of the sponsor, such as how much area to look at and
				how much and what kinds of data to record (Davis 1982:B-5).
In addition, each archaeologist must submit a scope of work
				  to MDAH-SHPO for comment prior to conducting Phase I cultural resource surveys
				  of 200 hectares (500 acres) or more. Scopes of work must also be submitted to
				  MDAH-SHPO for comment before conducting any Phase II or III investigations.
				  These documents should specify the types of cultural resources known or
				  anticipated to be in the projects area of potential effects, the field and/or
				  archival techniques proposed, the projected number of field personnel required
				  for the project, and the estimated time in the field.
B. Conduct Literature Review/Records Check:
				Prior to investigations of terrestrial cultural resources, historical and
				archaeological records, literature, and archival sources should be examined to
				provide a cultural/historical context for the study area and to identify
				previously recorded archaeological or historical properties in or near the
				project area. The following is a brief list of sources maintained by MDAH-SHPO
				that should be consulted prior to conducting Phase I, II, and III terrestrial
				cultural resources investigations:
1.
				Mississippi Archaeological Site File (contains information on known
				sites)
2. Archaeological Maps (15
				and 7.5 USGS Topographic Quadrangles) which contain information on known site
				locations, previous cultural resource surveys, etc.
3. Cultural Resources Survey reports and
				other applicable literature, such as the State Historic Context Document,
Mississippi Archaeology, Louisiana
Archaeology
,
Journal of Alabama Archaeology
,
Arkansas Archeologist
,
Tennessee Anthropologist,
				Southeastern Archaeology
,
American Antiquity
,
				etc.
4. Archaeological Subject File
				(supplemental data on recorded sites, such as artifact illustrations and
				photographs, site maps, newspaper articles, correspondence, etc.)
5. Deeds, Historic Maps, Aerial Photographs,
				and other Remote Sensing Data
6.
				National Register of Historic Places Files
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 11 - Guidelines for Archaeological Investigations and Reports in Mississippi › Rule 16-3-11.7 - Create a Research Design for Submerged Cultural Resources

Current through June 25, 2024
A. Create a Research Design: An explicit
				research design should govern all archaeological work, especially Phase II and
				III investigations. This design or plan should ask questions regarding the
				justification and legitimacy of the proposed field work, what is to be gained
				from this work prior to going into the field, and what techniques will be
				employed to complete the task. Furthermore, the research design should reflect
				the needs of the sponsor, such as how much area to look at and how much and
				what kinds of data to record (Davis 1982:B-5).
In addition, each archaeologist must submit a scope of work
				  to MDAH-SHPO for comment prior to conducting Phase I cultural resource surveys
				  of 200 hectares (500 acres) or more. The proposed scope of work must also be
				  submitted to MDAH-SHPO for comment before conducting any Phase II or III
				  investigations. These documents should specify the types of cultural resources
				  known or anticipated to be in the projects area of potential effects, the field
				  and/or archival techniques proposed, the projected number of field personnel
				  required for the project, and the estimated time in the field.
B. Conduct Literature
				Review/Records Check: Prior to investigations of submerged cultural resources,
				historical and archaeological records, literature (e.g.,
Ways Packet
				Directory, 1848-1994
), and archival sources should be examined to
				provide a cultural/historical context for the study area, and to identify
				previously recorded archaeological or historical properties in or near the
				project area. The following is a brief list of sources maintained by MDAH-SHPO
				that should be consulted prior to conducting Phase I, II, and III submerged
				cultural resources investigations:
1.
				Mississippi Archaeological Site File (contains information on known
				sites)
2. Archaeological Maps (15
				and 7.5 USGS Topographic Quadrangles), which contain information on known site
				locations, previous cultural resource surveys, etc.
3. Cultural Resources Survey reports and
				other applicable literature, such as H.P. Owens
Steamboats and the
				Cotton Economy
,
Mississippi Archaeology, Louisiana
				Archaeology, Journal of Alabama Archaeology, Tennessee Anthropologist,
				Southeastern Archaeology, American Antiquity, etc.
4. Archaeological Subject File (supplemental
				data to recorded sites, such as artifact illustrations and photographs, site
				maps, newspaper articles, correspondence, etc.).
5. Deeds, Historic Maps, and Aerial
				Photographs.
6. National Register
				of Historic Places Files.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.1.2 - A Brief Overview of the Review Process

Current through June 25, 2024
1. Individuals
				and firms developing proposals for archaeological investigations are encouraged
				to consult with the MSSHPO concerning methods and strategies prior to beginning
				fieldwork.
2. In addition,
				individuals and firms
must
submit a scope of work to MSSHPO for
				comment prior to conducting Phase I cultural resource surveys of 200 hectares
				(500 acres) or more as well as prior to conducting any Phase II or III
				investigations. These documents should specify the types of cultural resources
				known or anticipated to be in the project's area of potential effects, the
				field and/or archival techniques proposed, the projected number of field
				personnel required for the project, and the estimated time in the field.
3. Upon completion of a field
				project, the draft site cards (for both newly reported and previously reported
				sites) are submitted to the MSSHPO. The MSSHPO will issue site numbers for all
				new sites within thirty (30) days.
Batches of 20 or more site forms
				may take longer to receive site numbers.
The state site numbers
				are required for the discussion of all sites within a project area in
				management summaries, draft reports and final reports. Written comments on the
				draft site forms will be provided within thirty (30) days of submission. Visit
				the Site Forms page for more information.
4. The
draft
report is submitted
				to the MSSHPO for review. The MSSHPO will provide written comments within 30
				days.
5. After addressing comments
				from the
federal agency, relevant Tribal Historic Preservation Offices
				(THPO),
and
the MSSHPO
, the
final
report is submitted. The MSSHPO does not accept a report as
				final until all new and updated site forms have been accepted as final. The
				report is considered final when a letter accepting the report is issued to the
				federal agency and contractor. A comment letter will be issued upon receipt of
				the final report.
6. The project
				is not considered final until the collection is curated at an appropriate
				facility. MDAH requires submission of a curation statement/documentation
				(appendix or otherwise) confirming use of a facility that meets federal
				standards ( 36 CFR 79
https://www.nps.gov/archeology/tools/36CFR79.HTM
]).
				MDAH furthermore
strongly
encourages curating collections in
				Mississippi facilities that meet federal standards.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.1.3 - Relevant Statutory Authorities

Current through June 25, 2024
There are a number of state and federal laws that require
				  identification, consideration, and possible protection of archaeological sites.
				  Archaeological studies in Mississippi will generally result from compliance
				  with one or more of the following laws, regulations, and rules. Other federal
				  and state laws and regulations may occasionally be involved in an undertaking
				  requiring an archaeological investigation.
1. National Historic Preservation Act of
				1966, as amended ( NHPA 1992)
2.36
				CFR 800 (Advisory Council of Historic Preservation's regulations implementing
				Section 106 and Section 110 of NHPA)
3. National Environmental Policy Act (NEPA
				1969)
4. Native American Graves
				and Repatriation Act (NAGPRA 1992)
5. Executive Order 11593, Protection and
				Enhancement of the Cultural Environment
6. Department of the Interior regulations 36
				CFR 60, 36 CFR 63, 36 CFR 66, and 36 CFR 79
7. Mississippi Antiquities Act (Mississippi
				Code of 1972, 39-7-3 et seq.) For further guidance, please refer to the
				Advisory Council's webpage at:
www.achp.gov
MS Code §
										39-7-21(2013)
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.2 - Area of Potential Effects (APE)

Current through June 25, 2024
THE MSSHPO uses the federal definition of "Area of Potential
				  Effects" (APE) to describe the maximum area that may be affected by a project.
				  Both
direct
and
indirect
effects to archaeological sites must be considered when determining the APE.
A few examples of project related impacts in an APE beyond
				  the actual construction limits of the project include:
1. Borrow areas and other sources of fill
				material.
2. Disposal sites or
				waste areas.
3. New or upgraded
				access or haul roads.
4. Staging,
				storage, and stockpile areas.
5.
				Drainage diversions.
6. Viewshed.
The Federal definition of the APE: "The geographic area or
				  areas within which an undertaking may directly or indirectly cause changes in
				  the character or use of historic properties, if any such properties exist. The
				  area of potential effects is influenced by the scale and nature of an
				  undertaking and may be different for different kinds of effects caused by the
				  undertaking." [
				  36
				  CFR 800.16(d) ]. In defining
				  the APE, the MSSHPO will consider potential direct, indirect, and cumulative
				  effects to historic properties and all aspects of integrity, including their
				  associated settings as applicable.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.2.1 - Determining the Area of Potential Effect FCC Projects

Current through June 25, 2024
Direct Effects
The APE for direct effects is the area of ground disturbance
				  for the tower, including any proposed access roads, or other construction
				  activity that will result from the undertaking.
Visual (Indirect) Effects
Standard APEs for visual effects have been suggested in the
				  National Programmatic Agreement (NPA) and will guide reviews by the MSSHPO.
				  However, topography and other environmental factors may warrant the development
				  of an alternate APE. The NPA affords the SHPO the right to recommend an
				  alternate APE for any projects. Unless an alternate APE is developed in
				  consultation with the SHPO, the following APEs should be used for assessing
				  visual effects:
Tower Height
APE Radius
<= 200 feet
½ mile
201-400 feet
¾ mile
> 400 feet
1 ½ miles
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.2.2 - Assessing Effects non- FCC Projects

Current through June 25, 2024
Direct Effects
The applicant shall assess the direct effect of the
				  undertaking on historic properties, both architectural and archaeological,
				  using the Criteria of Adverse Effect (36 CFR Part 800.5(a)(1)). Assessment of
				  effect must be made by a qualified professional and submitted to the MSSHPO.
Indirect Effects
If an identified historic property is located within the APE
				  for indirect effects, then a qualified professional is required to assess the
				  effect of the proposed tower. In most cases, the MSSHPO requires that the
				  applicant conduct a balloon test or computer simulation to assess the potential
				  visual effects of the tower installation on historic properties. Documentation
				  must include a statement of effect, explanation of assessment, photographs of
				  the balloon test or photo simulation, and any alternatives considered to avoid,
				  minimize, or mitigate adverse effects. Submit all documentation to the MSSHPO.
				  To cut down on requests for additional information and overall review times,
				  the MSSHPO strongly encourages applicants to assess the effect of the tower on
				  all surveyed properties in the APE, including those that have not been formally
				  evaluated for National register eligibility. If you choose to only evaluate
				  effects on listed and eligible properties, you may receive a request for
				  additional information from the MSSHPO asking you to conduct another balloon
				  text to evaluate the effect on a property that the MSSHPO considers potentially
				  eligible for listing. The NPA affords the SHPO the right to request this
				  information.
Some examples of indirect effects can include projects such
				  as water channel improvements or recreational areas. Work on waterways such as
				  dredging or bank stabilizations can increase erosion in other areas adjacent to
				  project areas and outside of the immediate ROW. Another example of waterway
				  work that can have an indirect effect are levee setbacks. Sites which are
				  located along the protected side of a levee can lose that protection if the
				  levee is moved ("setback") from its original location. This type of
				  construction action can render sites which were formally protected from
				  flooding into sites which will soon erode away due to abandonment. Recreational
				  area projects such as trails, day-use areas, or campgrounds can also have
				  indirect effects by providing access to sites which are not in the immediate
				  ROW.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.4.1 - Consultants List

Current through June 25, 2024
This is a list of individuals who have represented
				  themselves as being willing and qualified to do archaeological survey work in
				  Mississippi. The list has been compiled merely as a public service by the
				  Mississippi Department of Archives and History and in no way constitutes a
				  certified, recommended, or preferred list of archaeologists. It should be
				  understood that there may be other individuals who are willing to do survey
				  work. As with any consultant/contract work, fees do vary and we suggest you
				  compare the services offered.
Archaeological Consulting List
				  (PDF)
Consultants wishing to be placed on the list should send
				  vitas to archaeology@mdah.ms.gov.
Archaeologists working in the state must meet the Secretary
				  of Interior's Qualifications Standards and the qualifications listed in these
				  Standards.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.5.1 - Definition of an Archaeological Site

Current through June 25, 2024
An archaeological site is a concentration of artifacts,
				  ecofacts, or modifications to the landscape that are associated with past human
				  activity and retain their context. An archaeological site in Mississippi is
				  defined as the physical remains of an area of concentrated human activity for
				  which a boundary can be established. Under the general definition, a broad
				  range of site types would qualify as archaeological sites without the
				  identification of any artifacts. To establish a boundary for archaeological
				  sites manifested exclusively by artifacts, the recovery of a minimum of three
				  items is needed, related either temporally or functionally and located within a
				  spatially restricted area no greater than 30-x-30 meters (98.4-x-98.4 ft.) in
				  size. MDAH will consider exceptions to these conditions on a case-by-case
				  basis.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.6.0 - Archaeological Survey and Investigations

Current through June 25, 2024
The standards presented in the following sections represent
				  minimum standards for field survey, testing, excavation, and report writing.
				  Their application to other archaeological projects in the state is discussed in
				  a subsequent section. These standards are not intended to constrain or limit
				  research efforts; investigators are encouraged to develop projects and reports
				  that exceed these standards, explore new technological approaches, and examine
				  Mississippi's cultural history in new and creative ways.
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.6.1 - Preliminary Literature Review and Records Search

Current through June 25, 2024
All archaeological studies (whether reconnaissance, Phase I
				  survey, Phase II testing, or Phase III data recovery) shall be preceded by a
				  literature review and records search. This search will include a review of the
				  Mississippi Archaeological Site Files to identify previously recorded sites in
				  and near the project area, as well as other sources to provide the prehistoric
				  and historic context for the study. Researchers should examine pertinent
				  holdings in some or all of the following institutions (See NRHP Bulletin #39
				  for more information):
1. Mississippi
				Archaeological Site File
2.
				Historic Preservation Division
The Historic Preservation Division, Mississippi Department
				  of Archives and History, maintains a library of archaeological assessment
				  reports and NRHP files on archaeological sites nominated for or listed on the
				  NRHP. Although the NRHP listing is available in published and electronic form,
				  these lists only include those sites already listed and not properties whose
				  eligibility has been determined or whose listing may be pending.
In addition, there are architectural files for standing structures
				  (extant and non-extant) that may have archaeological resources or the potential
				  to have archaeological resources associated with them that may be within the
				  proposed project area.
1. Mississippi Department of Archives and
				History
2. University Libraries
				(USM, University of Mississippi, Mississippi State, etc).
3. Online map collections, county and state
				histories, etc. that are available.
4. Other institutions or resources that can
				be consulted include:
a. Regional Development
				Commission (Historic Preservationist)
b. County Historical Societies, Local
				Historians, Local Museums,
c. and
				Local Libraries
d. County
				Courthouses and Agencies
e.
				Mississippi Historical Society, Jackson;
f. Mississippi Library Commission, Jackson;
g. Archives and Museums in Other
				States
h. Federal Archives
				(Southeastern Archaeological Center, Tallahassee)
i. National Archives (East Point Regional
				Branch)
j. Smithsonian Institution
k. BLM GLO Records (
http://www.glorecords.blm.gov/search/default.aspx
)
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.6.2 - Archival Research for Evaluation (Phase II Testing) and Data Recovery (Phase III) Projects

Current through June 25, 2024
In addition to the literature search and archival research
				  necessary for a Phase I survey, additional historical information may be
				  required for site evaluation (Phase II testing) and data recovery (Phase III)
				  projects. Additional historical research may include:
1. Census data, such as Agricultural,
				Population, and Industrial Censuses.
2. Slave Schedules.
3. Family papers, wills, probate inventories,
				daybooks, etc.
4. Informant
				interviews (particularly for early 20th century sites).
5. Tax Records.
6. Title Search
Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 3 - Historic Preservation Division › Chapter 12 - Mississippi Standards and Guidelines for Archaeological Investigations › Rule 16-3-12.7.1 - Acquiring Site Numbers (Trinomials)

Current through June 25, 2024
To obtain Mississippi State Site Numbers (trinomials), site
				  cards must be submitted to MDAH on appropriate card stock. Electronic versions
				  of our site cards may be submitted for the purpose of being assigned a
				  trinomial, but a site card will not be considered final until a hard copy has
				  been submitted.
Please allow up to thirty (30) days to receive
				  trinomials. Large submissions (20 or more) may require more time to
				  process
.
When your submissions are reviewed, you will receive an
				  email with trinomials or comments requesting clarification or more information
				  (please be aware that incomplete or inaccurate site cards will require
				  editing/correcting prior to issuance of trinomials). Please submit corrections
				  within 30 days.
The link for procedures and guidance for site card
				  submission can be found here:
http://www.mdah.ms.gov/new/wp-content/uploads/2013/06/Site-Cards-Checklist.pdf
(placeholder)
Submitting final site cards
When you receive your trinomials, you will receive an email
				  with an attached .pdf of the final site card. Please print the forms on 120 lb.
				  white acid free cardstock and submit them with your report.
36CFR
				  61.4(b)(2).