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 16-3-8.1 - Definitions
Current through September 24, 2024
A.36 CFR 61: The Procedures for State, Tribal and Local Government Historic Preservation Programs. 36 CFR 61 incorporates the requirements for state and local historic preservation programs as specified in the National Historic Preservation Act as amended and establishes Federal Regulatory guidance for the process by which eligible and interested local governments will be certified to participate formally in the national Historic Preservation Program.
B. Certified Local Government: As defined by the National Historic Preservation Act, a certified local government is a local government that has been certified to carry out the purposes stated in Section 103 (c) of the National Historic Preservation Act, as amended. Hereinafter referenced CLG. (alternatively quote Sec 301, 15?)
C. Historic Preservation Planning: A rational systematic process designed to develop, produce, implement, and revise a historic preservation plan. The planning process typically includes such activities as public participation, gathering and analyzing historic resource information, analyzing preservation needs, identifying goals and objectives, determining strategies for and monitoring goal achievement and identifying the need for and carry out plan revision. The primary purpose of historic preservation planning is to ensure the protection and preservation of valued historic and cultural resources for future generations. The major product of the planning process is the historic preservation plan. Preservation planning is carries out by local, state, tribal, and federal government agencies, as well as by private organizations. The Secretary of the Interiors Standards and Guidelines for Preservation Planning provide technical guidance on analyzing historic and cultural resource information for planning purposes.
D. Historic Preservation Plan: A document that reports the findings and conclusions of the planning process, articulates the vision for the future of historic preservation in the planning area, and identifies goals and objectives for achieving that future. The plan is a tool for guiding decision making and action related to the identification, evaluation, registration, treatment, protection, interpretation, research, and management of historic and cultural resources. In local communities, a preservation plan may be incorporated as an element in the comprehensive or master plan, or it may be a stand-alone document. Occasionally, historic district preservation plans may be prepared to outline detailed preservation and management information tailored specifically for the historic resources in each district. The SHPO is required by 101(b)(3)(C) the National Historic Preservation Act to prepare and implement a comprehensive statewide historic preservation plan, and requirements are outlined in Chapter 6, Section G of theHistoric Preservation Fund Grants Manual.
E. Historic Preservation Fund: A fund created by Congress in Section 108 of the Historic Preservation Act to carry out the purpose of the Historic Preservation Act. The historic preservation fund supports a program of matching grants-in-aid to the states for historic preservation programs, as authorized by Section 101 (e) (1) of the National Historic Preservation Act. Hereinafter referenced HPF.
F. Historic Preservation Fund Manual: The manual that sets forth National Park Service administrative procedures and guidelines for activities concerning the federally related historic preservation programs of the states and local governments. The manual includes guidelines and procedures for the administration of the historic preservation grant-in-aid.
G. Local Government: A city, county, township, municipality, or any other general purpose political subdivision of Mississippi.
H. Mississippi Department of Archives and History: The Mississippi agency charged with the responsibility of protecting and preserving of the states historic resources. The Director of the Department is also Mississippis appointed State Historic Preservation Officer (SHPO). The Departments Historic Preservation Division is the State Historic Preservation Office (also known as the SHPO). For the purposes of these regulations, the role and duties of the MDAH and the SHPO are concurrent, and they shall be identified as one unit and shall be abbreviated as MDAH/SHPO.
I. National Historic Preservation Act of 1966 (as amended (16 U.S.C. et seq.)): This Act authorizes the promulgation of regulations for approving state historic preservation programs, certifying local governments and the processes for administering and allocating grants, conducting performance evaluations and establishing guidelines for use and distribution to local governments. Hereinafter referenced the National Historic Preservation Act.
J. National Register of Historic Places: The national list of districts, buildings, sites, structures, and objects significant in American history, architecture, archaeology, engineering, and culture, promulgated through the states, and maintained by the Secretary of the Interior under authorization of Section 101 (a) (1) (A) of the National Historic Preservation Act, as amended. Hereinafter referenced the National Register.
K. Secretary: The Secretary of the Interior. Unless otherwise stated in law or regulation, the Secretary of the Interior has delegated the authority and responsibility for administering the National Historic Preservation Program to the National Park Service.
L. Secretary of the InteriorsStandards and Guidelines for Archaeology and Historic Preservation: The Secretary of the Interiors Standards and Guidelines for Archaeology and Historic Preservation are intended to be applied to a wide variety of resources types, including buildings, sites, structures, objects, and districts. The Secretary of the Interiors Standards and Guidelines for Archaeology and Historic Preservation are not codified as program regulations but may be used as a guide by anyone planning work on historic properties. They establish professional standards and provide advice on the preservation and protection of all cultural resources listed on or eligible for the National Register of Historic Places. Hereinafter referenced the Secretarys Standards.
M. Subgrantee: The agency, institutions, organization, or individual to which a subgrant is made by the MDAH/SHPO and which is accountable to MDAH/SHPO for use of the funds provided.
Miss. Code §§ 39-5-1, 25-59-1 (1972, as amended).