16 MAC Pt. 3, R. 10.1
A
Cite as 16 Miss. Admin. Code Pt. 3, R. 10.1
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Cost
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$7.00 each
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$8.00 each
8 x 10 print(s) on archival photo paper (scanned and printed)
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Source: Miss. Code §§ 39-5-1, 25-59-1 (1972, as amended).
Part 3 Chapter 11: Guidelines for Archaeological Investigations and Reports in
Mississippi.
(Adopted by the Board of Trustees on July 23, 1999; Amended July 20, 2001)
Abstract. The Mississippi Department of Archives and History (MDAH)/Mississippi State
Historic Preservation Office (SHPO) has written more comprehensive guidelines to assist
archaeologists and other individuals and institutions responsible for Section 106 and Antiquities
Law compliance in the state. These guidelines address: professional qualifications, laboratory
and curation facilities, treatment of human remains, terrestrial and underwater archaeological
research, and report preparation. As cultural resource management laws and regulations,
archaeological theory and techniques, and the public’s attitude toward cultural resources change,
the document itself will evolve to reflect them. For now, however, it is hoped these guidelines
will assist archaeologists and agency administrators in developing research designs that will
serve to produce sufficient amounts of data to identify and evaluate cultural resources and when
needed to develop and implement appropriate mitigation proposals.
Introduction. The purpose of this document is to assist archaeologists, other professionals, and
agency administrators involved in cultural resource management (CRM) (as defined by the
National Historic Preservation Act of 1966, as amended) with the development and
implementation of adequate statements of objectives or research designs for archaeological
investigations in Mississippi (see Schiffer and Gumerman 1977:190). MDAH-SHPO will use
these guidelines 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. However, it must be emphasized that the
following guidelines are not intended as a “cookbook” or comprehensive step-by-step instruction
manual governing archaeological investigations in the State of Mississippi. A variety of
available literature on CRM (e.g., Bense et al. 1986), other states’ guidelines (e.g. Alabama
Historical Commission 1996; Davis 1982; Georgia State Historic Preservation Office 1993;
Harper and Fielder 1995; McGahey n.d.; New Jersey State Historic Preservation Office 1990;
Pennsylvania Historical and Museum Commission 1991; South Carolina State Historic
Preservation Office n.d.; Tennessee Division of Archaeology 1997; and Texas Historical
Commission 1995), and requests for proposals (e.g., Bruce et al. 1998; Carr et al. 1998; Moore
1996a; 1996b) were used to develop this document and should be consulted for additional
insights on how to proceed with cultural resource investigations. Other relevant documents
include the Secretary of the Interior’s “Standards and Guidelines for Archeology and Historic
Preservation” and “Standards for Treatment of Archeological Properties,” the National Park
Service’s “Guidelines for Recording Historic Ships,” and the Advisory Council on Historic
Preservation’s “Working with Section 106” series (see Reference Section).
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 the impact of their agency’s actions on cultural resources
that are located within their project’s area of potential effects. Usually this consists of
identifying properties or 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. How does one go about this task? According to the Section 106 implementing
regulations (see 36 CFR 800), there are no specific rules governing the identification and
evaluation process, only that agencies exercise a “reasonable and good faith effort” to identify all
significant resources (Advisory Council on Historic Preservation 1986:20).
While NHPA is an important management tool, agencies or individuals participating in such
projects should also be in compliance with numerous other laws and regulations governing
cultural resources. These include, but are not limited to: Executive Order 11593; the National
Environmental Policy Act (NEPA) of 1969, as amended; Department of the Interior regulations
36 CFR 60, 36 CFR 63, 36 CFR 66, and 36 CFR 79; Native American Graves Protection and
Repatriation Act (NAGPRA), and the Mississippi Antiquities Law (39-7-3 et seq. of the
Mississippi Code of 1972), as amended.
This document provides guidance on several topics relevant to the profession, including
qualifications, curation of recovered data, treatment of human remains, terrestrial and underwater
archaeological fieldwork, and report preparation. However, those required to conduct cultural
resource investigations should consider the relevant legislation and scopes of work governing the
action as the primary source of information on how to proceed, not this document.
Projects of different levels require differing stages of cultural resource investigation. For our
purposes, terrestrial and underwater archaeologists utilize three basic phases of research: Phase
I-cultural resources survey; Phase II-site testing and evaluation; and Phase III-mitigation. Each
of these phases, primarily Phases II and III, should be approached within the context of a
research design that will contribute to a better knowledge and understanding of Mississippi’s
past.
During Phase I investigations qualified archaeologists locate archaeological sites through a
variety of survey techniques and remote-sensing technologies. For the purposes of these
guidelines, archaeological sites are defined as physical locations containing concentrations or
spatial clustering of data, such as artifacts, ecofacts, and features, produced or modified by
humans (Ashmore and Sharer 1988:219; Thomas 1989:649). These locations may be prehistoric,
historic, or both, as well as on land (terrestrial) or underwater. Phase I survey techniques may
include visual surface examination, subsurface shovel testing and screening, or a combination of
both. The techniques and remote-sensing technologies employed during the survey and the
amount of research conducted (sampling) are dependent upon numerous factors (e.g., project size
and accessibility, terrestrial or underwater locations). Each factor should receive equal
consideration when developing a survey strategy, keeping in mind that each situation is unique,
and that the research design should be flexible and adaptable as the situation necessitates.
Once an archaeological site has been located, archaeologists need to define its boundaries,
identify the possible effects of the proposed project on the site, and determine whether additional
investigations are necessary to determine National Register eligibility. If, as a result of Phase I
investigations, a site’s eligibility status remains unknown or undetermined and it will be affected,
additional investigations will be required. Phase II research then begins to assess the nature and
integrity of the cultural deposits. Testing techniques may involve controlled surface collecting,
limited underwater diving, the excavation of test units (e.g., 1x1 meter, 2x2 meter), deep soil
core sampling, and mechanized trenching, all dependent upon the situation. These techniques
should adequately sample the site and generate sufficient data, enabling the archaeologist to
determine if the property is eligible for inclusion in the National Register. Sampling strategies
and testing techniques employed during this phase of research should consider a variety of
factors, such as site size, location, disturbance, accessibility, and artifact density and distribution.
Each factor should receive equal consideration when developing a testing strategy, keeping in
mind that each situation is unique, and that the research design should be flexible and adaptable
as the situation necessitates.
National Register Bulletins 15 (How to Apply the National Register Criteria for Evaluation),
16A (How to Complete the National Register Registration Form), 20 (Nominating Historic
Vessels and Shipwrecks to the National Register of Historic Places), and 36 (Guidelines for
Evaluating and Registering Historical Archeological Sites and Districts) provide additional
information to archaeologists and agencies charged with determining site eligibility. Copies of
all National Register Bulletins can be obtained by writing the:
National Register of Historic Places
U.S. Department of Interior, National Park Service
P.O. Box 37127, Washington D.C. 20013-7127.
Additionally, archaeologists and agency administrators may also want to consult the 1995
supplement to CRM, volume 18, no. 6, that provides several relevant articles on the National
Register and archaeology.
The last phase of archaeological research is Phase III-mitigation. Once a property has been
determined eligible for the National Register by the archaeologist and SHPO, the archaeologist
must make recommendations to the site’s management agency or landowner on how to preserve
the data contained in the site. The first option should involve redesigning the project in hopes of
avoiding the eligible property altogether. However, if project modification is not an option, then
the archaeologist will need to create a research design that preserves the significant data through
retrieval, reporting, and curation. The archaeological techniques selected for this action are
dependent upon numerous factors, including the specifics of what makes the site significant, and
should be outlined in a Memorandum of Agreement. The following sections will elaborate on
these phases of investigations.