Mississippi Administrative Code

The publication of a legal notice is required when the Board acts to place a project or property under consideration for: a. Designation as a Mississippi Landmark b. Removal of Mississippi Landmark designation c. A permit for a project that would adversely affect a designated Mis…

Projects that do not involve demolition or significant alteration of a designated Mississippi Landmark property and consist of routine or minor activities consistent with the Secretary of the Interior's Standards for Rehabilitation, as outlined below, may be approved by the staff…

For projects involving designated Mississippi Landmark properties also under review in accordance with Section 106 of the National Historic Preservation Act, the federal review process will take precedence over the Mississippi Landmark review. However, MDAH may elect to require t…

When MDAH has confirmed that work has been initiated on a designated Mississippi Landmark property, or a potential Mississippi Landmark on publicly owned property prior to the issuance of a permit, MDAH will immediately contact the owner to request that all work is halted until a…

In the event that any Native American burials are encountered during any project, a permit is required prior to removal or excavation. If on private property, removal or excavation also requires the written permission of the landowner(s). No prehistoric or historic Native America…

When MDAH has confirmed that work has been initiated on a designated Mississippi Landmark property, or potentially eligible publicly owned property, prior to the issuance of a permit, MDAH shall immediately contact the owner to request that the work is halted until a Notice of In…

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 …

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 S…

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) res…

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…

It is the responsibility of the archaeologist to comply with all state and federal legislation (e.g., Mississippi Antiquities Law, Native American Graves Protection and Repatriation Act) concerning archaeological sites and the treatment of Native American human remains encountere…

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 th…

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…

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 th…

The Scope of Work sets forth the project's research design and includes, at minimum, a detailed discussion of: 1. Specific legal jurisdiction under which study is being undertaken (See Section 1.2) 2. Sources of public funding, if any. 3. Client for whom study is being conducted …

Mississippi history dates back to over 12,000 years ago. The vast majority of that history is unwritten and becomes known only through the archaeological record. Most often, archaeological investigations in Mississippi occur in response to federal and state laws that protect arch…

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 processe…

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 …

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. Ot…

While minimum standards for artifact processing, analyses, and curation are outlined below, investigators should tailor their activities to the unique aspects of each project. Overall, it is advisable to consult with MSSHPO, the curatorial facility, and any specialists early in t…

The choice of a system for tracking artifacts in the field is at the discretion of the investigator. However, the tracking system should be consistently applied throughout the project. During fieldwork, the recorder will enter a preliminary description of the artifacts in field n…

Minimum megapixels for photographing artifacts should be no less than 20 and taken at 300 dpi minimum resolution. Photos should be taken with a camera (not cell phones) and should be focused with notable features able to be seen clearly. Ideally, cameras should have a macro lense…

All collected materials should be cleaned (if appropriate), identified, and weighed in the lab. Before cleaning each artifact, the recorder will check its condition (e.g., for friability) and analyze its surface for easily lost information (e.g., false form minerals, organic mate…

If detailed analysis of certain archaeological materials is planned, it is advisable to include appropriate specialists as early in the project as possible. Because most archaeological sites are valuable primarily because of their research potential, artifact analysis generally s…

MDAH requires that all collections (Section106 projects and MS Landmarks) be curated at a curatorial facility which meets the standards outlined in 36 CFR Part 79. State owned projects, such as Mississippi Landmarks, will be curated at MDAH Museum Facilities. Selection of a facil…

The Society for American Archaeology (SAA) and the Society for Historical Archaeology have stipulated guidelines for the curation of archaeological data where archaeologists are obligated to maintain detailed archaeological records. These responsibilities are as important as the …

Agencies and Tribes, for the most part, have similar feelings about what constitutes consultation, how it should be conducted, and what constitutes successful consultation. Experience reveals that mutual respect must be the basis upon which successful consultation builds, and tha…

The legal obligation of Federal Agencies to consult with Tribes on a government-to-government basis begins in the Constitution, in Article I Section 8, also known as the Commerce Clause, where Congress is empowered to regulate commerce with foreign governments, between the states…

Federal Agency regulations and policies pertaining to consultation with Native Americans are noted briefly below (Note: Some policies are titled protocol, but contain a statement of policy rather than an operational protocol. Agency protocols for consultation are listed in Sectio…

It is the responsibility of the archaeologist to comply with all state and federal legislation (e.g., Mississippi Antiquities Law, Native American Graves Protection and Repatriation Act) concerning archaeological sites and the treatment of Native American human remains encountere…

While it could be argued that all mitigation should be "creative," the intent of this section is to make it clear that there is a nearly limitless range of possibilities to consider non-traditional mitigation approaches beyond the more typical approaches of archaeological data re…

Archaeological studies carried out in Mississippi need to interpret project results for the public benefit and present those findings to the public. The expected level of education and outreach increases for each successive phase of investigation and depends on project scale, inv…

1. Landowners, towns (both local government and community groups), educators, students, and the general public are likely targets for education and outreach. 2. To the greatest extent possible, education and outreach projects and programs should be conducted in consultation with …

1. Site information will be provided to the landowner of a site being investigated as it becomes available (including, for example, management summaries, site maps, investigation site reports, non-technical publications, etc.). 2. As appropriate, stewardship information can be pr…

1. Local governments, historic preservation commissions, and Certified Local Government commissions (CLG), where they exist as appropriate, should be made aware of the archaeological investigation; anticipated schedule, site tour information; etc. This can be accomplished through…

The following list illustrates some examples of recommended education and outreach projects. Some of these examples incorporate recent advances in technology. The MSSHPO requires that it be consulted during development of scopes of work for Phase II and III education and outreach…

Notes 16 Miss. Code. R. 3-12.16.0 Adopted 4/8/2020

Survey work contracted or managed through the Department of Archives and History (MDAH), Historic Preservation Division (HPD) or through a Certified Local Government (CLG) must meet the following standards to be considered complete: Survey Forms The Historic Resources Inventory (…

Surveys of historic properties are necessarily selective to some degree or another. The specific criteria for what should be included in a survey will vary somewhat from project to project depending on the purpose of the survey and the area being surveyed. Nonetheless, certain ge…

General Instructions: The inventory form is intended to be a permanent record kept in the files of the Division of Historic Preservation. Please be sure that all information is as complete and accurate as possible. Entries should be typed or neatly printed. If an item of informat…

Section 1 - The Board of Trustees Section 39-7-5 of the Antiquities Law of Mississippi assigns sole responsibility for administration of the Antiquities Law to the Board of Trustees of the Mississippi Department of Archives and History (MDAH). In administering the Antiquities Law…

Many of the sites recorded in the Mississippi State Site File were submitted by the public. Site locations are exempt from disclosure from the Freedom of Information Act (FOIA) and recorded site locations can only be shared with landowners or professional archaeologists, so any s…

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 impa…

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 …

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 submitte…

National Register Criteria In order for proper NRHP eligibility determinations to be made, a site must first be placed within the proper context. A site must also be addressed at the national, regional, and local levels for NRHP eligibility. Archaeological sites are most often ad…

SIGNIFICANCE CRITERION D ____ Define the relevant context and level of significance (local, state, or national). This may be done simultaneously with the next step. ____ Review the archaeological literature (gray and scholarly) pertaining to sites of this type. ____ Identify the …