16 Miss. Code. R. 3-12.1

Current through December 10, 2024
Rule 16-3-12.1 - Introduction to the Standards

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 archaeological resources. The Mississippi Department of Archives and History, serving as the Mississippi State Historic Preservation Office (MSSHPO), developed these Standards to provide a framework for those activities, as well as guidance for non-regulatory archaeological studies. In accordance with MS Code § 39-7-21(2013), the Board of Trustees adopted the following standards to guide archaeological excavations in Mississippi. These Standards replace the "Guidelines for Archaeological Investigations and Reports in Mississippi" established in 2001, and as amended in 2012. Since that date, there have been many technological advances, advances in archaeological method and theory, and reevaluation of archaeological practices and procedures in Mississippi. These Standards will reflect those.

The Standards reflect various goals for Mississippi archaeology:

1. Ensure that archaeological studies meet high professional research standards.
2. Identify important archaeological sites that contribute to our understanding of Mississippi's pre-contact and post-contact history.
3. Protect important archaeological sites, or when appropriate, gain information.
4. Provide significant public benefits.
5. Develop sound and reasoned public policy on regulatory archaeology.
6. Keep archaeological studies as cost effective as possible.
7. Increase creativity and flexibility in the conduct of archaeological studies.

Archaeology in Mississippi must result in significant public benefit. As new information is garnered through archaeological research, it is the archaeological community's responsibility to share this information widely. These Standards emphasize public education and communication with clients, landowners, local governments, community members, and interested constituencies. The Standards also stress the need for clear and improved communication about archaeological expectations, methods, findings, and their value and relevance. These Standards are meant to allow for flexibility to ensure that the scope and cost of recommended archaeological actions are commensurate with a project's scale, level of anticipated impacts, project area characteristics, and the significance of sites that may be affected by the project.

The Standards emphasize the importance of prioritizing archaeological investigations in an effort to focus on the discovery and consideration of significant archaeological sites. The Standards also emphasize the importance of evaluating the significance of a site as early as possible in the archaeological assessment process.

These Standards represent a summary of information that has been drawn from other published SHPO guidelines and practical experience working in the Southeastern United States. The Standards have been designed to reflect the minimum specifications for the collection and presentation of technical archaeological information.

NOTE: Survey or data recovery methods that do not meet the minimum standards described herein may result in additional project costs and delays.

MSSHPO will use these Standards when reviewing Cultural Resource Management (CRM) reports, and omissions from the procedures recommended herein may be grounds for rejecting reports, or requiring further field, laboratory, or background work.

The MSSHPO is involved in two major categories of project reviews:

a.Reviews in accordance with federal laws, primarily under Section 106 of the National Historic Preservation Act, referred to as "Section 106," and sometimes under Section 110 of the Act. Under Section 106, federally funded, licensed, permitted, and assisted projects are subject to review. These regulations are codified in 36CFR 800.
b.Reviews under state laws, primarily the "Antiquities Law," under Mississippi Code 39.

The MSSHPO offers advice/guidance on projects not falling into the categories of Section 106 projects or projects involving state, county or town-owned lands. Such projects include:

a.Projects that are not federal undertakings as codified in 36 CFR 800 but could have Section 106 ties in the future.
b.Projects involving historic cemeteries. With these types of projects, it is the responsibility of the county coroner to regulate; the MSSHPO will only offer advice and has no jurisdiction over cemeteries.

These Standards will be reviewed and revised, if necessary, every four (4) years by the Mississippi Department of Archives and History and a Mississippi Association of Professional Archaeologists (MAPA) four (4) member committee consisting of one archaeologist from each of the following areas: academia (university/college professor); cultural resource management firm (Principal Investigator); Mississippi Department of Transportation (MDOT); and a federal agency (such as the Corps of Engineers).

16 Miss. Code. R. 3-12.1

Adopted 4/8/2020