Miss. Admin. Code Title 16 — History, Humanities and Arts

ARCHIVES AND HISTORY ARCHIVES AND HISTORY

Part 1 Part 1: Administration

Chapter 1 Policy for Public Access and Use of the William F. Winter Archives and History Building (Adopted by the Board of Trustees 2003; Amended 2004, October 16, 2009)

16 Miss. Admin. Code Pt. 1, R. 1.1 Hours of Operation

Public access to the William F. Winter Archives and History Building (Winter Building) will be provided at the first floor North Street entrance during the following hours:

Advance notice of periodic closures will be posted onsite and on the Department website.

History

• Source: Miss. Code § 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 1, R. 1.2 Meeting Facilities and Use

A. Primary Use The Winter Building is operated as an archival storage and access facility and also houses the administrative offices for the Mississippi Department of Archives and History (MDAH).

B. Organizational Use The Orientation Room and Lobby have been designated as areas for use by educational, historical, and other non-profit organizations. These areas are available to such organizations only during regular week-day hours of operation. The Winter Building meeting facilities will not be available to private individuals or corporate entities acting on their own. No use of the building may be made by political candidates or political parties in support of a candidate or slate of candidates.

All reservations, proposed meeting plans, and arrangements for an event must be submitted on the Facility Use Application form and must be approved by the Winter Building Director of Operations, Office of Business Services. MDAH may request that an 8:00 a.m. – 5:00 p.m., Monday-Friday 8:00 a.m. – 1:00 p.m., Saturday

organization supply proof of non-profit status and its by-laws and/or constitution before approving an application. Following approval of the application, a Facility Use Contract must be signed.

C. Department Co-sponsorship Organizations or events whose purpose complements or enhances the goals of MDAH may request the Department to co-sponsor an event. Requests for co-sponsorship of an event should be submitted in writing to the Department Director. The decision of the Department Director will be final. If co-sponsorship is approved, it may be shared equally or borne by either the User or the appropriate division of MDAH as determined by prior agreement. Any publicity generated by the User will recognize MDAH as a co- sponsor.

D. Fire Regulations The Winter Building is a smoke-free facility. Smoking is prohibited in all areas of the building. Open flames including, but not limited to, candles, torches, and oil lamps may not be used in the building.

E. Event Arrangements Reservations, proposed plans and arrangements for an event must be submitted on the Facility Use Application and must be approved by the Winter Building Director of Operations, who is responsible for ensuring that all policies and conditions have been fulfilled. The Director of Operations will make staff arrangements for non-MDAH events; for MDAH events, the sponsoring division is responsible for staff arrangements. Following approval of the Application, a Facility Use Contract must be signed. Only after the contract has been signed may the Winter Building be publicized as the site for an event.

Any additional use of the building, such as set-up prior to the designated meeting time, must be cleared and approved through the Winter Building Director of Operations.

Basic clean-up is the responsibility of the User and involves removal of all organizational materials, decorations, and any trash generated as a result of the event. Failure to properly clean the facilities could result in a cleaning fee assessment.

Any equipment, material, or decorations brought into the Building must be approved by the Winter Building Director of Operations. This includes, but is not limited to, signage, decorations, banners, cameras, etc. No materials of any kind may be attached to the walls of the building.

The installation and removal of approved decorations is the responsibility of the User and should be accomplished on the same day as the scheduled event. Some exceptions may be approved. Flowers and plants, live or dried, and similar natural decorations may not be used. Decorations must not be placed in such a manner as to impede the flow of traffic or to obstruct access to stairs or fire exits.

No alterations, such as moving, opening, or closing, may be made to furnishings (blinds, curtains, furniture, chairs) without approval from the Winter Building Director of Operations. If approved, alterations will be handled by the Department staff only.

F. Security Security is provided by the Office of Capitol Police, Department of Finance and Administration. Special requirements concerning security will be handled through the Winter Building Director of Operations. Please note that the inability of law enforcement to provide adequate security may require the cancellation of the scheduled event.

G. Emergency Evacuation In the case of a severe weather emergency, such as a tornado warning, visitors will be directed to a secure area of the Winter Building by Department staff. Department staff and visitors are instructed to remain in the secure area until the conclusion of the severe weather alert. Although visitors have the right to exit the Winter Building upon initial advisory of the warning, they must make this choice immediately, may not retrieve personal items from the lockers, and may not re-enter the building during the severe weather event, as these actions pose a risk to Department staff and other visitors.

In the case of a fire or a bomb threat, visitors will be directed to exit the Winter Building by a visible and audible alarm system, exit signage, and Department staff. Department staff will further direct visitors to a secure area outside the building. Department staff and visitors are instructed to remain in the secure area until an accounting of all staff and visitors has been completed. Visitors must evacuate the building immediately, may not retrieve personal items from the lockers, and may not re-enter the building until the Director of Operations has declared the building safe, as these actions pose a risk to the Department staff and other visitors.

H. Fund Raising There shall be no solicitation of funds inside or on the grounds of the Winter Building by any organization other than the Department. Materials for free distribution may be set up in the lobby if directly related to an approved event.

I. Parking Limited parking for visitors is located in the Winter Building parking lot on North Street. Handicapped parking is available on the southern end of this lot.

J. Equipment and Services at the Winter Building The following equipment is available: floor lectern, television monitor and DVD/video- cassette player, and projection screen. The User is responsible for any damage occurring to the equipment during the event.

The Orientation Room may be arranged for auditorium seating with a maximum capacity of fifty for classroom seating.

Trash receptacles are available on request for use inside the building only.

Any equipment needs not available at the Winter Building must be rented at the User’s expense, and set up, by the User or by specified professional vendors with prior approval of the Winter Building Director of Operations. Delivery and pick-up times of additional equipment must be cleared through the Director of Operations.

The request for supplemental electrical equipment, including, but not limited to, additional microphones, speakers, lighting, sound equipment, etc., must be approved in advance by the Winter Building Director of Operations. All utilization of electrical or mechanical systems must be supervised by qualified Department personnel.

Staff telephones or paging service will not be available.

All office equipment such as copiers, computers, printers, etc., is the property of the state of Mississippi and is NOT available for use by user organizations.

Staff services are provided by the Winter Building Director of Operations and other designated staff who assist in making arrangements and in managing events. Any Department equipment requested by User will be set up, operated by (if applicable), and taken down by Department staff only.

K. Refreshments Food and/or beverages may be allowed in designated areas of the Winter Building during public events sponsored or co-sponsored by MDAH. Food and drink is limited to the Orientation Room and Lobby. The User must supply all necessary tablecloths, utensils, dinnerware, glassware, table decorations, service equipment, food and beverage(s). At the conclusion of an event at which food and/or drink of any type are served, all trash receptacles must be emptied and the trash removed from the building.

L. Videotaping/Filming/Photography Videotaping, filming, and/or photography are allowed in the Orientation Room and the Lobby as long as normal traffic flow is not impeded. Department staff may restrict the use of secondary or auxiliary lights, flash, or equipment.

Any commercial or professional videotaping, filming, and/or photography requires approval and the execution of the Department’s Commercial Filming Agreement, which could require a negotiated fee.

Negotiation of fees involves the following issues:

1. intended use of the resulting product,

2. commercial or non-profit status of producer,

3. direct benefit to MDAH and its mission, or

4. demonstrated benefit to the public.

A complimentary copy of footage, video, or print must be supplied to MDAH. All approved televising, videotaping, and photography must contain the approved credit line.

M. Credit Line Any publicity or printed material should include the following credit line: "(name of group) gratefully acknowledges the use of the William F. Winter Building Archives and History Building." In the case of co-sponsorship of an event, MDAH shall be named as co-sponsor.

History

• Source: Miss. Code § 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 1, R. 1.3 Facility Tours

During normal operating business hours, tours of the non-restricted archival areas of the Winter Building may be arranged through the MDAH Office of Public Information. Security concerns limit the size of the tour group to twelve.

History

• Source: Miss. Code § 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 1, R. 1.4 General Access

A. Access to Public Areas Public access to the William F. Winter Archives and History Building (Winter Building) will be provided at the first floor North Street entrance during the following hours:

Advance notice of periodic closures will be posted onsite and on the Department website.

The Winter Building is handicapped accessible with some limitations. No animals are allowed at any time, except those trained as service animals.

Vendors requiring the use of an elevator for deliveries must check in at the loading dock.

B. Access to Restricted Areas Certain areas of the Winter Building have public and staff access restrictions. An employee may not allow anyone to use his access card or keys for any reason.

Access to restricted areas is granted by the Archives and Records Services Division director, subject to approval by the Department Director, to employees who, in their normal work routine, have a consistent, recurring need for access.

Access for non-employees to restricted areas is granted by the Archives and Records Services Division director, subject to approval by the Department Director. Each non- 8:00 a.m. – 5:00 p.m., Monday-Friday 8:00 a.m. – 1:00 p.m., Saturday

employee must be accompanied by the Winter Building Director of Operations or other authorized employee at all times and must register with the Director of Operations prior to entry in restricted areas. The accompanying employee must also register with the Winter Building Director of Operations as the authorized escort.

Access to the two third floor terrace areas is restricted to Department-sponsored functions as approved by the Board of Trustees.

C. Reading Rooms Access to the Reading Rooms for the public and MDAH staff, other than Archives and Records Services Division staff, is through the lobby entrance. A Reading Room Identification Card is required for entrance.

A Reading Room Identification Card application must be completed prior to the issuance of the card.

D. Parking A free parking lot for visitors is located on North Street. Handicapped parking is available on the southern end of this lot.

E. Food and Drink Food and drink of any kind is allowed only in designated areas of the building.

1. First Floor:

a. Lobby: Food and drink are allowed in the lobby. The Department Director must approve the use of catered food and drink.

b.Vending Room: Coin-operated drink and snack machines are available in the vending room as a courtesy to the public. The Department does not own or operate these machines; therefore, we do not provide refunds or address operational problems. Contact numbers for refunds or other problems are posted on the machines.

c. Lobby Buffet: The lobby buffet is available for refreshment and light meal service for meetings held in the Winter Building.

d.Computer Class Room: Food and drink are not allowed in this room.

e. Orientation Room: If archival materials are present in the room, no food or drink is allowed in the room.

f. Lobby Conference Room: If archival materials are present in the room, no food or drink is allowed in the room.

2. Third Floor:

The use of food and drink in the Board Room is approved for meetings of the Board of Trustees. All other uses of food and drink must be approved by the Department Director. The refrigeration and cooking equipment in the kitchenette is only to be used in connection with approved meetings. If a caterer is used, arrangements should be made with the Winter Building Director of Operations for the appropriate delivery and disposal of food and drink. The Winter Building custodial staff are responsible for disposing of all trash from the board room kitchenette at the conclusion of a food and drink event.

a. Third Floor Terraces: The third-floor terraces were designed for maintenance access to the roof of the Winter Building, not for routine staff or public use.

History

• Source: Miss. Code § 25-59-1 (1972, as amended).

Chapter 2 Mississippi Hall of Fame Rules for Elections (Adopted by the Board of Trustees on October 6, 1958; Amended December 10, 1976, July 18, 1986, October 16, 2009, and October 16, 2015)

16 Miss. Admin. Code Pt. 1, R. 2.1 Hall of Fame Rules for Elections

A. The members of the Board of Trustees of the Department of Archives and History shall be the electors of the Mississippi Hall of Fame.

B. Only Mississippians, native or adopted, who have been deceased for at least five years, shall be considered for election to the Hall of Fame. Governors are not eligible as they are included in the Hall of Governors.

C. Elections to the Hall of Fame shall be held only once in each five- year period.

D. The election for the Hall of Fame shall be held at a special meeting of the Board of Trustees scheduled for that purpose. The date for the special meeting and election shall be set by the Board of Trustees at the Board’s regular quarterly meeting in July of the election year. The date of the election will be publicized, and the public will be invited to submit nominations.

E. Nominations for election to the Hall of Fame are accepted January 1 to September 30 of the election year and must be submitted via official online nomination form. Nominations are only valid for that election cycle.

F. Election to the Hall of Fame shall require an affirmative unanimous vote by the members of the Board present at the time of voting, who shall vote by secret ballot.

G. No more than five Mississippians shall be elected to the Hall of Fame at any quinquennial election.

History

• Source: Miss. Code §§ 25-59-1, 39-5-1 (1972, as amended).

Part 2 Part 2: Archives and Records Services Division

Chapter 1 Policy for Acquisitions (Approved by the Board of Trustees, April 16, 2010)

16 Miss. Admin. Code Pt. 2, R. 1.1 Materials Acquired

By law the Mississippi State Archives shall consist of “...those public records and other documentary materials that have been determined by the department to have sufficient historical or other enduring value to warrant their continued preservation by the state and that have been accepted by the department for deposit in its custody” (MCA 1972, §25- 59-3). The Division acquires all formats of records, including paper, graphic, audiovisual, and electronic, created by state agencies and elected officials. Division staff works with state agencies to determine appropriate records retention schedules and recommends to the State Records Committee retention of those records series most likely to be of historical or enduring value. Inactive records may be transferred to the Archives directly from an agency or from the State Records Center. The Division seeks to acquire official records of government entities that preceded the formation of the state and official state records that have been lost or removed from official custody. The Division acquires publications of state agencies, and serves as a secondary depository for said publications.

The Division also collects non-government materials in all formats, including paper, audiovisual, and electronic records. Such materials include personal papers and manuscripts, records of businesses and organizations, photographic images, maps, audiovisual materials, books,

electronic records, and other materials which document the history of the state and its people. Materials may be donated by an individual or organization, bequeathed by an estate, or purchased if their value so warrants and funds are available. Loans are rarely accepted. The donor must be authorized to transfer title to the material, and unrestricted donations are preferred. Any restrictions placed on a donation by the donor must have a reasonable time limit. After materials become the property of the state of Mississippi, their return to the donor must be authorized by the MDAH Board of Trustees.

History

• Source: Miss. Code Ann. §§ 25-59-1, 25-59-3, 39-5-1 (1972, as amended).

16 Miss. Admin. Code Pt. 2, R. 1.2 Selection Criteria

Acquired materials should document an aspect of Mississippi history or culture, be useful to researchers, and/or possess intrinsic value as historical artifacts.

A. In striving to assemble a comprehensive body of materials documenting all aspects of the state’s history, archivists and librarians consider the following questions when determining whether or not to acquire materials:

1. Does the material fill a gap in holdings or increase an area of collecting strength?

2. Is the material unique or does it duplicate other MDAH holdings?

3. What is the subject matter and significance?

4. Is the material authentic?

5. Does the material have legal value?

6. What is the potential research use?

7. What are the costs of housing, processing, preserving, and providing access to the material?

8. Are there rights management issues or access restrictions that could prevent or severely limit access and use?

9. Is there requisite staff expertise to care for and make the material accessible?

10. Is the format compatible with equipment and/or software currently owned or reasonably acquired?

B. The following generally are not acquired:

1. Materials that do not pertain to Mississippi, unless they relate to major national events in which Mississippi played a significant role

2. Active and semi-current state records

3. Municipal and county records

4. Three-dimensional objects

5. Original post-19th century newspapers or newspaper clippings

6. Material that would necessitate extraordinary efforts to restore or make accessible

7. Material with rights management and/or access issues that cannot be resolved or that would necessitate unreasonable access restrictions or denial of access

8. Material of dubious or unverifiable authenticity

9. Material that duplicates the holdings of other archival institutions

History

• Source: Miss. Code Ann. § 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 2, R. 1.3 Acquisition, Processing, and Disposition of Materials

The MDAH Director, Division director, and other designated Division staff may accept donations of materials or the transfer of state records. The MDAH Director or Division director must approve the purchase of materials. A Contract of Gift, signed by the donor and a Division representative, transfers title of non-state records to MDAH and conveys information about transfer of copyright, publicity, disposition of materials, and access restrictions. The contract is legally binding when signed by all parties.

It is the donor’s responsibility to obtain an appraisal of materials for tax purposes. MDAH staff will not perform such services.

The Division will evaluate, process, preserve, and maintain the materials in accordance with policies approved by the MDAH Board of Trustees and established archival practices. The Division will provide access to and make the materials available for research, duplication, and publication after processing and preservation work have been completed, and in accordance with policies approved by the MDAH Board of Trustees and established archival practices. Division staff may assess materials and, if most expedient to ensure preservation of the information, reformat materials and dispose of the original. Division staff also may appraise materials according to the selection criteria enumerated above and recommend disposition of materials determined not to be of sufficient long term archival value to warrant retention. Disposition of materials may include return to donor, transfer or donation to another institution, sale, destruction, or any other alternative consistent with appropriate archival practices. If not specified in the Contract of Gift, the collection archivist, in consultation with the Division director, will determine the disposition of materials. The Board of Trustees will approve the sale of any items.

All preservation, reformatting, and disposal actions will be documented. This documentation as well as correspondence and other paperwork relating to the acquisition of the collection is public record.

History

• Source: Miss. Code Ann. § 25-59-1 (1972, as amended).

Chapter 9 Public Records – Standards: Destruction of Original Records after Imaging. (Approved by the Board of Trustees, June 3, 1999)

16 Miss. Admin. Code Pt. 2, R. 300 dpi or greater

F. Media Error Detection and Correction:

ANSI/AIIM MS 59-1996, Media Error Monitoring and Reporting Techniques for Verification of Stored Data on Optical Digital Data Disks, is the required standard for reporting the error rate data to the operating system for user evaluation.

G. Indexing System:

The indexing system used to retrieve images shall be a relational database. Alternative indexing systems must be approved in writing by the Mississippi Department of Archives and History. Information on establishing index fields in an electronic imaging system may be found in ANSI/AIIM TR40-1995, Suggested Index Fields for Documents in Electronic Image Environments.

History

• Source: Miss. Code Ann. §§ 29-59-9, 25-59-29, 25-59-3 (1972, as amended).

16 Miss. Admin. Code Pt. 2, R. 9.2 System Management/Functional Requirements

The comprehensive management of a document imaging system is key to its functional success as well as the quality, integrity, and authenticity of the imaged records. System planning, design, budgeting, procurement, procedure formulation, training, and testing all require thoughtful deliberation and patience.

The following is an overview of required practices in several categories of system management and operation.

A. Documentation:

Comprehensive procedural and system documentation must be maintained to ensure that the operation continues to function effectively over time. The documentation shall include:

1. Hardware and software specifications, brand names, versions, and dates of installation, upgrade, replacement, and conversion.

2. An overview of system purposes and uses.

3. Policies and procedures for all aspects of system operation and maintenance, including procurement, file and document preparation for scanning, data entry, quality control, indexing, corrections, expungement, redaction, back-ups, security, migration, application of safeguards to prevent tampering and unauthorized access, and printing.

4. Data structure and content, including file layout and data dictionaries.

5. Enhancement algorithms are techniques for processing the image so that the result is visually clearer than the original image. Imaging systems should not be capable of altering a record as scanned, except for standard computer-enhancement routines used to improve legibility.

6. Documentation is also necessary for providing audit trails, for establishing legal admissibility of images, and for use by future system operators as staffs change. It is the responsibility of the system’s administrators, not the vendor.

B. Quality Control:

1. To ensure the integrity and legibility of scanned images, there must be in place established procedures for quality control. Visual quality inspection of each image is necessary and should be performed initially by the staff member scanning and then by a second staff member.

2. The accuracy of the index must also be verified through visual inspection by a second staff member of each index entry following either entry of terms or creation through optical or intelligent character recognition.

3. The system should also include the ability to rescan and to correct indexing errors before the image and/or index is written to optical media.

4. Quality control issues must be raised with vendors during the selection process and be considered when planning for time and staff budgeting. Since original records are more often than not destroyed once reformatted, the importance of image and index quality control must not be underestimated.

5. Information regarding the establishment and use of procedures for the ongoing control of quality within an electronic imaging system may be found in ANSI/AIIM MS44-1988 (R1993), Recommended Practice for Quality Control of Image Scanners.

6. Information regarding appropriate use of test charts and patterns in document imaging applications may be found in AIIM TR38-1996, Compilation of Test Targets for Document Imaging Systems.

C. Indexing:

1. Complete, appropriate and accurate indexing capability is essential. Indexing and information retrieval needs must be assessed during system planning and design. Migration and long-term usability planning must also include consideration of continuing information retrieval requirements. As noted in F.7, information on establishing index fields in an electronic imaging system may be found in ANSI/AIIM TR40-1995, Suggested Index Fields for Documents in Electronic Image Environments.

2. The importance of indexing requires that vendor claims be validated through demonstration and testing.

D. Migration:

1. A comprehensive plan for refreshing data and for migrating images, indexes and related data through successive versions of hardware and software is essential for ensuring long-term access to imaged records. Not only should plans be established for the migration of images and related data, but structural data relationships should be preserved under migration. The strategy should facilitate the movement of records from one generation of technology to another and should take into consideration vendor stability and dependability, system obsolescence, and media longevity.

2. The reality of obsolescence requires that agencies and governmental entities keep pace with constant developments and improvements. Technology trends must be monitored. The technology choices made when systems are developed or upgraded may determine the ease of migration.

3. Systems should consist of hardware and software that conform to non-proprietary standards and should be constructed in an open system architecture.

4. Budgeting and planning should include consideration of the costs of technology upgrades and data migration.

E. Back-up, Disaster Recovery, and Security Copies:

1. Back-up procedures and disaster recovery plans should be in place with specified provisions for the imaging system. Detailed information on back-ups and disaster recovery should be obtained from vendors. Back-up expense and complexity can

vary depending on the type of media and the amount of data to be stored and must be considered during the planning and selection process.

2. A regular schedule of back-ups should be instituted for all data on the system, including indexes.

3. Security copies should be labeled with information to include date, system, and software used, and any existing restrictions on access, keeping in mind that it is impossible to determine content merely by looking at a disk or tape. It is preferable that security copies be stored off site, in an area with stable environmental conditions and with adherence to the manufacturer’s specifications for the storage of the media, whether magnetic or optical. Information regarding optical media storage may be found in ANSI/PIMA IT9.25-1998, Imaging Materials-Optical Disc Media-Storage.

F. Expungement/Redaction/Encryption Capabilities:

1. Agencies and governmental entities should have in place a strategy to guarantee that material exempted from disclosure is not made available to the public. Imaging systems should have the capability to expunge images and index entries and to redact confidential portions of images or indexes when required by law. System administrators may also wish to further insure privacy of their data through the use of an encryption technique by which data is scrambled before transmission and then unscrambled (decrypted) by the receiver.

2. The potential need for expungement, redaction and encryption capabilities must be assessed on the front end and discussed with vendors when planning for long- term usability of an imaging system. Explanation of procedures for expunging information on WORM optical systems may be found in ANSI/AIIM TR28-1991, The Expungement of Information Recorded On Optical Write-Once-Read-Many (WORM) Systems.

G. Legality:

1. The legal admissibility of reproductions of state and county records is addressed by Mississippi Code Annotated (MCA) Sections 25-59-29 and 19-15-3, respectively.

2. Requirements for the legal acceptance of records are outlined in ANSI/AIIM’s TR-31 (1992-1994), a four-part legal admissibility series, and the Mississippi Rules of Evidence.

H. System Selection:

1. Agencies/governmental entities should conduct a thorough survey of document and paper types, sizes, colors, and contrasts within their records and collect examples of potential problems or obstacles, such as browned and fragile papers, pencil and pen handwriting, bound volumes, photographs, and oversized items. Before selection, a scanner should demonstrate the ability to handle the job. The potential need for flatbed scanning capability rather than automatic feed alone must also be assessed, both for immediate and future needs. 2. The selection of a vendor is perhaps the most important single decision impacting an imaging system’s success. A vendor’s stability, accessibility, and long-term viability must be assessed when procuring a system heavily dependent on vendor support.

History

• Source: Miss. Code Ann. §§ 29-59-9, 25-59-29, 19-15-3 (1972, as amended).

Part 3 Part 3: Historic Preservation Division

Chapter 1 Policies for Implementation of the Antiquities Law of Mississippi (Adopted by the Board of Trustees on January 15, 2010; Amended January 20, 2017; Amended January 24, 2020) Rule 1.1 Board of Trustees. Section 39-7-5 of the Antiquities Law of Mississippi assigns sole responsibility for administration of the Antiquities Law of Mississippi to the Board of Trustees (Board) of the Mississippi Department of Archives and History (MDAH).

16 Miss. Admin. Code Pt. 3, R. 1.2 Notices of Intent

State agencies, counties, cities, and all their political division are required to submit a Notice of Intent with supporting documentation for all projects involving publicly owned property, including taking, alteration, damage, destruction, salvage, restoration, renovation, excavation, property transfer, excavation or ground disturbing activities of any nature, demolition or significant alteration. The Notice of Intent serves as the formal application for MDAH review.

A Notice of Intent is required for projects involving publicly owned property that has not been designated as a Mississippi Landmark and for privately or publicly owned property that has been designated as a Mississippi Landmark.

The public property owner or owner’s representative must submit a Notice of Intent to MDAH in the early planning stages and always prior to the letting of bids or beginning a project for construction, improvement of any nature, or transfer of public property to private ownership. Supporting documentation, including, but not limited to, plans and specifications, maps, photographs, legal description, property deed, structural report, etc. must be submitted with the Notice of Intent, as appropriate.

MDAH will review the Notice of Intent in accordance with the procedures outlined in this document.

History

• Source: Miss. Code Ann. §§ 39-7-1, 39-7-11, 39-7-22 (1972).

16 Miss. Admin. Code Pt. 3, R. 1.3 Permit Process

State agencies, counties, cities, and all their political subdivisions are required to submit a Notice of Intent to MDAH for all projects affecting publicly owned property in accordance with Rule 1.2 for review. Work affecting archaeological sites or potential archaeological sites on publicly owned property also must be submitted to MDAH for review and approval. The permit process begins with the filing of a Notice of Intent. The review process which follows is determined by the classification of the property at issue and the nature of the activity for which a permit is sought as set forth herein. A. Undesignated Public Properties. If, upon review, MDAH staff determines that a property does not meet the criteria for designation as a Mississippi Landmark as defined in Rule 1.4(A), staff will notify the applicant that the project may proceed without further review. If MDAH determines that the property is a potential Landmark, in accordance with the criteria in Rule 1.4(A) and that the proposed project meets the Secretary of the Interior’s Standards for the Treatment of Historic Properties, MDAH staff will notify the applicant that the project is acceptable or acceptable with conditions. For public campuses, including schools, universities, public health facilities and other similar multi-building properties, the Board encourages the adoption of Memoranda of Agreement (MOA) between MDAH and the governing public institution to identify eligible resources for Mississippi Landmark designation and to establish priorities for preservation. In the absence of the adoption of an MOA, public entities shall act in accordance with the requirements of Rule 1.2, Rule 1.3 and Rule 1.4 for all buildings. Transfer of Property. A Notice of Intent must be submitted in accordance with Rule 1.2 for the transfer of publicly owned property to private ownership prior to transfer. If, upon review, MDAH staff determines that the property is a potential Mississippi Landmark, the owner shall be informed and the proposed property transfer or sale shall not be commenced prior to Landmark designation and the authorization of a permit by the Board. The Board, in consultation with staff, may act to consider the property for Mississippi Landmark designation in accordance with the procedures in Rule 1.4. The Board may also authorize a permit for property transfer without designation. Adverse Effect. If, upon review, MDAH staff determines that significant historic, archaeological or architectural sites, buildings, structures, locations or objects will be adversely affected by the public construction, alteration or demolition, MDAH will notify the applicant and owner that the proposed project must not be commenced without a permit issued by the Board. Additional information, including, but not limited to, a structural report

by a qualified structural engineer with experience working with historic structures may be required prior to MDAH action. Consideration. The Board, in consultation with staff, may act to place a project that would adversely affect a potential Mississippi Landmark under consideration for a permit. Once the project is placed under consideration, MDAH will publish a legal notice soliciting written, public comment in accordance with Rule 1.5. After the conclusion of the public comment period, the proposed project and written public comments may be placed on the Board agenda for action. Based on the comments and additional documentation received, the Board may act to approve or deny the permit. If the Board denies the permit due to an adverse effect, it may also consider the property for Mississippi Landmark designation in accordance with the procedures in Rule 1.4. Appeal. Should the owner of a potential Mississippi Landmark property wish to appeal the conditions of a permit or a decision involving a potential Mississippi Landmark property, the owner must provide the appeal in writing. Following review and recommendation by MDAH staff, the appeal will be considered by the Board.

B. Designated Mississippi Landmark Properties. Restoration, renovation, repairs, excavation, ground-disturbing activities, or other alterations of a designated Mississippi Landmark property may be conducted only pursuant to a permit approved by the Board of Trustees in accordance with this Rule 1.3(B) or Rule 1.3(C). Permit applications must be submitted using the Notice of Intent form in accordance with Rule 1.2. Upon receipt of a Notice of Intent, the proposed project will be reviewed by MDAH staff to determine if the project is in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Staff determinations for routine or minor activities under Rule 1.3(C) may include project approval or approval with conditions. If the project is not within the provisions of Rule 1.3(C), staff may deny a permit or make a recommendation to the board for action. Permit denials issued by MDAH staff may be provided to the Board for informational purposes. Transfer of Property. MDAH requires a Notice of Intent to be submitted in accordance with Rule 1.2 for the transfer or sale of designated Mississippi Landmark property. The Notice of Intent must include contact information for the current and future owners. Adverse Effect. When a Notice of Intent is received for the demolition or significant alteration that would adversely affect a designated Mississippi Landmark property, the owner may be asked to provide additional information, including, but not limited to, a structural report prepared by a qualified structural engineer with experience in evaluating historic structures. Consideration. The Board, in consultation with staff, may place a property under consideration for demolition or significant alteration at the next regularly scheduled Board meeting. Once the

property is placed under consideration, MDAH will publish a legal notice soliciting written, public comment in accordance with Rule 1.5. After the conclusion of the public comment period, the proposed demolition or significant alteration may be placed on the Board agenda for action at the next regularly scheduled meeting. Archaeological Sites. Work affecting archaeological sites also requires a Mississippi Landmark permit in accordance with Rule 1.2 and Rule 1.3. Work must be conducted according to current Mississippi Standards for Archaeological Practices. Duration of Permit. All permits issued by the Board are valid for one (1) year from the issue date of the permit. It is the responsibility of the property owner to request permit renewal for projects that will not be completed before the permit expires. The permit must be posted at the project site for the duration of the project. At the completion of the permitted project, the owner must submit documentation, including photographs, of the permitted activity. Appeal. Should the owner of a designated Mississippi Landmark property wish to appeal the conditions of a permit, denial of a permit, or a decision by the Board involving a designated Mississippi Landmark property, the owner must provide the appeal in writing. Following review and recommendation by MDAH staff, the appeal will be considered by the Board.

C. Permits for Routine or Minor Activities. Permits for projects that consist of routine or minor activities that are in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, as outlined below, may be approved by MDAH staff. At the next Board meeting, the Board will place upon its minutes the projects approved by the staff pursuant to Rule 1.3(C). The following are considered to be routine or minor activities (consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties) that may be approved by MDAH staff: 1. Appropriate removal of insignificant or incompatible minor additions or alterations; 2. Selective demolition for investigative purposes; 3. Repair or selective in-kind replacement of exterior cladding materials; 4. Repair or in-kind replacement of roofing, coping, gutters or downspouts; 5. Selective in-kind or appropriate replacement of exterior or interior lighting fixtures; 6. Repair or selective in-kind replacement of original or appropriate flooring materials; 7. Repair or selective in-kind replacement of interior or exterior finishes, including but not limited to structural finish materials (i.e. stucco, plaster, clapboard, etc.), paint, or stain; 8. Repair of original or appropriate windows or doors; 9. Heating, ventilation, air conditioning, or duct equipment replacement, if suitably screened or unobtrusive to the structure’s original building materials or its aesthetic surroundings; 10. Plumbing or exhaust vents replacement, if suitably screened or unobtrusive to the structure’s original building materials or its aesthetic surroundings; 11. In-kind repair or replacement of woodwork, metalwork, or other trim;

12. Selective brick pointing or cleaning of building exteriors, except by sandblasting, inappropriate chemicals, or other abrasive methods; 13. Removal of trees not more than 12 inches in diameter, or dead trees of any size with qualified arborist report; 14. In-kind repair or replacement of sidewalks or parking surfaces; 15. In-kind repair or selective replacement of fencing; 16. Other routine, minor, and compatible work in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

D. Burial Excavation Permits.

In the event that American Indian or aboriginal burials are encountered during any project, work must stop immediately and must not recommence until the Board has authorized a permit. If on private property, removal or excavation also requires the written permission of the landowner(s). No prehistoric or historic American Indian or aboriginal burial excavation permits will be issued unless the excavation is performed by a professional archaeologist and a physical anthropologist who meet the Secretary of the Interior’s Professional Qualification Standards for Archaeology. If the burial(s) in question are reasonably expected to be of a known, federally recognized Tribe, MDAH shall consult with tribal authorities prior to the issuance of a permit.

Permits to excavate burials will not be issued unless there is an immediate threat to the integrity of the burial(s) through vandalism, natural forces, or unavoidable development. A burial is understood to include those items that were interred with the remains.

History

• Source: Miss. Code Ann. §§ 39-7-1, 39-7-22 (1972).
• Source: Miss. Code Ann. §§ 39-7-1, 39-7-11, 39-7-19 (1972).
• Source: Miss. Code Ann. §§ 39-7-1, 39-7-11, 39-7-19 (1972).
• Source: Miss. Code Ann. § 39-7-19, 39-7-31 (1972).

16 Miss. Admin. Code Pt. 3, R. 1.4 Designation of Mississippi Landmarks

The Board may designate publicly owned sites of historical or architectural significance as Mississippi Landmarks with or without the consent of the owner. The Board may designate privately owned sites of historical or architectural significance as Mississippi Landmarks at the written request of the owner.

Archaeological sites that are located in, on or under the surface of any lands belonging to the State of Mississippi or to any county, city, or political subdivision of the state are designated as Mississippi Landmarks. Such sites may not be taken, altered, destroyed salvaged or excavated without a permit from the Board in accordance with Rule 1.3.

A. Criteria for Designation. Mississippi Landmarks are recognized as the state’s historic, architectural, or cultural resources. They are sites, objects, buildings, artifacts, implements, or locations that contribute

to illustrating or interpreting the history or culture of the State of Mississippi. In order to eligible for Mississippi Landmark designation, the resource(s) must be listed in or eligible for listing in the National Register of Historic Places (NRHP) in accordance with NRHP Criteria for Evaluation. Determinations of eligibility will be made by MDAH staff.

Of those eligible resources, the Board will give priority to properties that are individually listed in or eligible for listing in the NRHP; associated with courthouses or schools; located within Certified Local Government communities; or whose designation is supported by the property owner or local preservation commission. While the Board will give these properties priority, it has the authority to designate any eligible publicly owned property, with or without the consent of the owner.

B. Designation Process. When a Mississippi Landmark designation request is made by the property owner or MDAH staff determines that a property is eligible for designation, MDAH staff may prepare a significance report, which includes a statement of significance, resource description, and a list all sites, objects, buildings, artifacts, implements, or locations to be included in the proposed Mississippi Landmark designation.

Consideration. The Board, in consultation with staff, may place a property under consideration for designation at the next regularly scheduled Board meeting. Once placed under consideration, MDAH will publish a legal notice soliciting written, public comment in accordance with Rule 1.5.

After the conclusion of the public comment period, the proposed designation may be placed on the Board agenda for action at the next regularly scheduled meeting.

For private properties in which designation must be made by owner request, the Board may elect to proceed with designation without public comment. Designation. Upon Board action to designate a property as a Mississippi Landmark, MDAH will inform the property owners in writing and shall prepare and execute a Certification of Mississippi Landmark Designation to be recorded in the deed records of the chancery court of the county in which the property is located.

C. Removal of Designation Process. When the removal of designation of a Mississippi Landmark property is proposed, the property owner may be asked to provide additional information, including, but not limited to, a structural report prepared by a qualified structural engineer with experience in evaluating historic structures.

Consideration. The Board, in consultation with staff, may place a property under consideration

for removal of designation at the next regularly scheduled Board meeting. Upon Board action to place a designated Mississippi Landmark under consideration for removal of designation, MDAH will publish a legal notice soliciting written, public comment in accordance with Rule 1.5.

After the conclusion of the public comment period, the proposed removal of designation will be placed on the Board agenda for action at the next regularly scheduled meeting.

Removal of Designation. Upon Board action to remove the Mississippi Landmark designation from a property, MDAH will inform the property owner in writing and will prepare and execute a Certification of the Removal of Mississippi Landmark Designation to be recorded by the clerk in the deed records of the chancery court of the county in which the property is located.

History

• Source: Miss. Code Ann. §§ 39-7-9, 39-7-11, 39-7-13 (1972).
• Source: Miss. Code Ann. §§ 39-7-3, 39-7-4, 39-7-7, 39-7-11, 39-1-22 (1972).
• Source: Miss. Code Ann. §§ 39-7-1, 39-7-11 (1972).
• Source: Miss. Code Ann. §§ 39-7-3, 39-7-15 (1972).

16 Miss. Admin. Code Pt. 3, R. 1.5 Legal Notice and Public Comment

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 Mississippi Landmark d. A permit for a project that would adversely affect a potential Mississippi Landmark e. Any other circumstance that the Board may deem appropriate

MDAH shall publish the legal notice soliciting written, public comment in the newspaper of record in the county in which the property is located and on the MDAH website at least thirty (30) days prior to further Board action. The notice must identify the property and the matter that is under consideration. Proof of publication shall be provided to the Board.

After the conclusion of the public comment period, the proposed project and written public comments will be placed on the Board agenda. Rule 1.6 Section 106 of the National Historic Preservation Act and Preservation Tax Incentive Review Procedures.

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 that a Mississippi Landmark permit be obtained in addition to the Section 106 review. A burial permit is always required for prehistoric or historic American Indian or aboriginal burials.

For projects involving designated Mississippi Landmark properties also under review in accordance with the federal or state preservation tax incentives programs, the tax incentives review process will take precedence over the Mississippi Landmark review. However, MDAH, may elect to require that a Mississippi Landmark permit be obtained in addition to the tax

review process. If the applicant elects to forego tax incentives, the project will be reviewed under the Antiquities Law, as described in Rule 1.3.

History

• Source: Miss. Code Ann. §§ 39-7-1 (1972).

16 Miss. Admin. Code Pt. 3, R. 1.7 Temporary Restraining Orders

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 Notice of Intent form is submitted for MDAH review and approval in accordance with the aforementioned policies. If the owner refuses to cease operations or follow the permit process, MDAH may seek a temporary restraining order through the Attorney General’s Office.

History

• Source: Miss. Code Ann. §§ 39-7-22, 39-7-33, 39-7-35 (1972).

Chapter 3 Scope of Work Policy for the Hurricane Relief Grant Program (Adopted by the Board of Trustees on October 16, 2009)

16 Miss. Admin. Code Pt. 3, R. 3.1 Grant-Refundable Scope of Work Items

Fundable work shall include design, supervision, and execution of repairs and shall be limited to:

A. Storm Damage:

1. Repair of damage caused, directly or indirectly, by Hurricanes Katrina or Rita. Such damage is defined as destruction or deterioration caused:

a. directly by the storm

b.indirectly by the storm, if it exacerbated pre-existing conditions, such as deteriorated foundations, roofs, framing, etc.

c. indirectly by work which was undertaken to repair storm damage but which actually caused additional damage (such as work by untrained volunteers who removed beaded board wall coverings or unscrupulous/ inept contractors who performed substandard work.)

B. Underlying Conditions:

Repair of underlying conditions not caused by the storm, but the repair of which is:

1. necessary in order to repair damage actually caused by the storm, or

2. necessary in order to protect the investment of public funds expended in repairing storm damage

C. Building Fabric:

1. Repair of historic building fabric.

2. Repair of non-historic fabric that was in-place at the time of the storm. Such fabric includes roof coverings, structural systems (framing and foundations), and mechanical or electrical systems (limited to rough-in):

a. Upgrading is allowed when the system at the time of the storm no longer meets code requirements or is no longer readily available.

b.When an existing inappropriate building component has been damaged by the storm, the grant will cover (and require) replacement with a historically appropriate component.

3. Finish of building fabric:

a. Limited to 2 coats of primer on new or repaired wood in order to prevent damage by the elements until the owner can afford to paint. The policy includes interior as well as exterior wood.

i. Priming floor boards is not covered by the grant, although new boards may be sanded to produce an even surface.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 3.2 Exceptions to Grant-Refundable Scope of Work Items

Reasoning: Restrictions on the scope of work that can be funded by the HRG sometimes result in leaving the homes of people of very limited financial means in an unoccupiable condition. For instance, the bathroom plumbing is roughed-in, but there are no toilets, tubs, or sinks. The kitchen plumbing might be roughed-in but there is no floor covering and no sink. If such buildings cannot be inhabited, they are likely to deteriorate over time, in which case the HRG grant-supported work would be lost. To avoid that loss, a modification in the sorts of work that are covered by the HRG is proposed, as follows:

Exceptions for:

A. Grantees who own property in an area that serves very low-income residents and who are not financially able to pay for the work necessary to make the buildings habitable.

B. Non-Profit organizations which are not financially able to pay for the work necessary to restore to a state of utility a building being rehabilitated for their own use or other public benefit.

1. Underlying Conditions:

Repair of underlying conditions not caused by the storm but the repair of which is: a. Necessary to make the building habitable and the property owner is not financially able to undertake the work.

2. Building Fabric:

a. Repair of non-historic fabric:

i. Including purchase and installation of basic-level built-in kitchen, mechanical and electrical systems and fixtures (not appliances), such as toilets, sinks, wall switches, ceiling light fixtures, switch plates, etc.

b. Finish of Building Fabric:

i. Paint on the exterior of the building.

ii. Floors finished to a point of utility. Finishing may include laying floor coverings in the kitchen or bath and refinishing wood floors with clear varnish or paint.

iii. Wall and ceiling surfaces made ready for paint or other finish.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

Chapter 4 Policy and Standards for Curated Federal Archaeological Collections (Adopted by the Board of Trustees on October 16, 2009)

16 Miss. Admin. Code Pt. 3, R. 4.1 Procedures for Curated Collections

A. A collection must include all data and paperwork generated as a result of a project included but not limited to:

1. all field notes,

2. specimens,

3. records,

4. photographs,

5. maps,

6. computer-generated media,

7. and all other data.

All paper documents and photographs must be originals. Two bound copies of the final report and one unbound copy must be included with the collection.

B. All necessary conservation treatment of artifacts or records must be completed prior to arriving at the MDAH facility. We are not responsible for conservation that is the result of conditions existing prior to receipt of the materials. Artifacts which will need future conservation treatments need to be identified and the cost of those treatments will be assessed in addition to the standard curation fee.

C. Any collection, in our opinion, that is infested with vermin will be returned promptly at the expense of the owner.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 4.2 Standards for Records

A. All records and notes must be accompanied by a catalog. The catalog must include but is not limited to:

1. project,

2. site,

3. records type,

4. and subject for each document or group of related documents.

All field notes, forms, drawings, catalogues, inventories will be printed or copied onto acid-free paper. All paper records will be placed in acid-free archival folders that are permanently labeled with the pertinent information listed previously.

B. Records with a significant amount of dirt or soil smears will be copied before being submitted for curation. All soiled originals will be curated with the artifacts.

C. A copy of all records must be submitted on acid-free paper. These will be stored separately from the originals as per 36 CFR Part 79.9, 6ii.

D. All computer generated media must be accompanied by a paper copy of the data contained on the cd and a description of the programs used to create the data. If any information was derived by custom computer programming, a description of the file structures must also be included.

E. Records will be re-boxed into standard MDAH record boxes at a cost of $50.00 per linear foot.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 4.3 Standards for Photographs

A. Black and white film must be processed to archival standards (See NPS Standards for photographs). All negatives must be stored in 2 1/2” x 11” polyethylene pages. Archival quality folders, pages or envelopes must be used for other photographic materials which will not fit into a standard page size holder.

B. All photographs must be accompanied by the original photo log containing the project name, subject and date.

C. All negatives must be the original film. No copies.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 4.4 Standards for Artifact Collections

A. All artifacts must be organized by site and provenience within each site. All materials separated out for photos, etc. should be re-incorporated into their original provenience.

B. All artifacts must be contained in a 4 mil polyethelene “zip lock” type bags with a white panel area for descriptions. Sandwhich bags, freezer bags, paper bags and all other kinds of bags are not appropriate and will not be accepted. All provenience information will be written in the white panel area of the bag in permanent black marker (i.e. sharpie marker/pen). Bags must be punched with a standard hole punch near the top of the bag to allow air/moisture to escape. Faunal remains/human remains can be placed in a paper bag inside a plastic 4 mil polyethelene zip lock bag. Soil samples also need to be placed in 4 mil polyethelene bags but can be secured with string or wire. Fragile items must be packed in acid free paper and placed inside MDAH approved archival boxes.

C. All artifacts and records will be re-packed into the standard MDAH box after they arrive and are assessed. Artifacts and records therefore can be shipped in a manner left up to the submitter. Each box must contain 2 copies of bag by bag inventory of its contents.

Inventory information must include but is not limited to:

1. site number, 2. provenience, 3. type of material and 4. catalog number.

The charge for re-boxing is $50.00.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 4.5 Fees and Cost Computation

The curation fee for long-term storage and care is $250.00 per cubic foot or fraction thereof. Fees for artifacts and record collections are computed separately. For example, 5.7 cubic feet of specimens accompanied by 2.2 cubic feet of records would be charged as 6 cubic feet of specimens and 2 cubic feet of records. Oversized objects which will not fit into a 15x12x10 inch box will be billed on the basis of the amount of shelf space required for their storage at a rate of $250.00 per linear foot. There is an additional $50.00 charge per box for re-boxing collection in MDAH curation boxes.

All contracts will be re-negotiated after a 5 year period.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

Chapter 5 Mississippi’s State Historic Preservation Tax Incentives Program (Adopted by the Board of Trustees on October 16, 2009)

16 Miss. Admin. Code Pt. 3, R. 5.1 Eligible Properties

Properties eligible to receive the credits are those:

A. individually listed in the National Register of Historic Places,

B. contributing to the significance of a National Register historic district, or

C. designated as Mississippi Landmarks.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 5.2 Eligible Projects

A. To be eligible, the qualified rehabilitation expenditures must exceed:

1. $5,000 in the case of an owner-occupied dwelling, or

2. 50% of the total basis in the property in the case of all properties other than owner-occupied dwellings. (Generally, “basis” is the purchase price, less the cost of the land, plus any improvements already made to the property, minus the depreciation taken on the property.)

B. All work must meet the Secretary of the Interior’s Standards for Rehabilitation.

C. Only rehabilitation expenditures incurred after January 1, 2006, qualify.

D. Not-for-profit entities are ineligible to receive the credits.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 5.3 Application Process

To qualify for the state tax credit, property owners must submit a three-part State Historic Preservation Certification Application, along with photographs, to MDAH. However, for properties that also qualify for the federal credits, the property owner need only submit the federal certification application, along with the one-page form, “Statement of Intent: Mississippi State Historic Preservation Tax Credit.”

The three-part application is used to:

A. request certification that the property is eligible to receive the credit;

B. request a determination that the proposed rehabilitation is in compliance with the Secretary of the Interior’s Standards for Rehabilitation; and

C. request certification that the project, as completed, meets the Standards.

MDAH reviews the entire project, including related demolition and new construction, and certifies the project only if all work meets the Standards. It is strongly recommended that the application be submitted for review and approval before starting work so that potential problems in compliance with the Standards, which might jeopardize the tax credit, can be avoided.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 5.4 Photographs

Along with the Historic Preservation Certification Application, a complete set of color photographs, not smaller than 4”x6” in size and showing both the interior and exterior of the building before the start of the project, must be submitted. Photographs must be clear and of high quality, showing each exterior elevation (front, rear, and both sides) and all major and representative minor interior spaces. In addition, photos of significant features, such as porches, mantelpieces, staircases, ceiling medallions, etc., should be included. No Polaroids, photocopies, photographs sent via e-mail, or photographs on disk, CD, or DVD will be accepted. When the project is completed, a full set of “after rehab” photographs must be submitted with the request for final certification.

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 5.5 Qualified Expenditures

Allowable expenditures include costs associated with the work undertaken on a structural component of a historic building—such as walls, roofs, windows, floors—as well as central air conditioning and heating systems, plumbing and plumbing fixtures,

electrical wiring and lighting fixtures, elevators, and other components related to the operation or maintenance of the building. In addition, there are “soft costs” that qualify, such as architectural and engineering fees, site survey fees, development fees, and other construction-related costs. The tax credit does not apply to such costs as acquiring or furnishing the building, new additions, new building construction, or parking lots, sidewalks, landscaping, or other facilities related to the building. (Qualified rehabilitation expenditures are defined in Section 47(c)(2)(A) of the Internal Revenue Code of 1986, as amended.)

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 5.6 Claiming the Credit

The Department shall issue a certificate verifying the eligible credit, and this certificate shall be attached to all income tax returns on which the credit is claimed. If the amount of the tax credit exceeds the total state income tax liability for the year in which the rehabilitated property is placed in service, the unused tax credit may be carried forward for the ten (10) succeeding tax years.

History

• Source: Miss. Code § 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 5.7 Processing Fees

Pursuant to requirements of Senate Bill 3067, Laws of Mississippi, 2006, the MDAH Board of Trustees shall establish fees for reviewing applications, based on the cost of the rehabilitation. Fees are charged according to a two-tiered system: a preliminary fee and a final fee. The preliminary fee is $100 for projects estimated to cost less than $100,000 and $250 for projects estimated to cost more than $100,000. This preliminary fee, which is non- refundable, covers MDAH review of proposed rehabilitation work and must be submitted with Part 2 of the certification application, “Description of Rehabilitation.” Payment must be by check made payable to the Mississippi Department of Archives and History. When a project has been completed, the property owner should submit Part 3 of the application, “Request for Certification of Completed Work,” along with the final fee. The final fee is based on the total amount of rehabilitation expenditures according to the fee schedule below, minus the preliminary fee paid with submission of the Part 2 application. MDAH will not issue a certification decision until payment has been received.

Please note that property owners who also apply for the federal historic preservation tax credit will be required to pay an additional processing fee to the National Park Service. The federal fee schedule differs from that of the state.

STATE TAX CREDIT FEE SCHEDULE Cost of Rehabilitation Total Fee $5,001 to $9,999 $150 $10,000 to $24,999 $225 $25,000 to $99,999 $300 $100,000 to $499,999 $500 $500,000 to $999,999 $1,500 $1,000,000 or more $2,000

History

• Source: Miss. Code §§ 25-59-1, 39-7-1 (1972, as amended).

Chapter 8 State of Mississippi Procedures for the Certified Local Government Program (Adopted by the Board of Trustees on February; Amended July 1990, October 20, 2000, and April 21, 2006)

16 Miss. Admin. Code Pt. 3, R. 8.1 Definitions

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 Interior’s 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 the Historic 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 state’s historic resources. The Director of the Department is also Mississippi’s appointed State Historic Preservation Officer (SHPO). The Department’s 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 Interior’s “Standards and Guidelines for Archaeology and Historic Preservation”: The Secretary of the Interior’s “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 Interior’s “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 “Secretary’s 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.

History

• Source: Miss. Code §§ 39-5-1, 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.2 Description and Statement of Purpose

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.

B. By participating in the identification, evaluation, and protection of historic resources within their communities, Certified Local Government (CLGs):

1. assume a leadership role in the preservation of the community’s prehistoric and historic resources;

2. have a formal role in the National Register nomination review process;

3. participate in the establishment of regional and state historic preservation objectives; and

4. are eligible to apply for subgrants from a designated CLG fund established annually by the MDAH/SHPO whenever such funds are available.

History

• Source: Miss. Code §§ 39-59-1, 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.3 Requirements for Certification of Local Government Programs in Mississippi

The National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.), which established the Certified Local Government program, contains five broad standards, all of which must be met by a local government before the local government may be certified and maintained to retain certification. The federal standards, where appropriate, are further defined and amplified below.

A. The local government shall enforce appropriate state or local legislation for the designation and protection of historic properties as defined in the State of Mississippi Local Government Historic Preservation Law, Sections 39-13-3, 39-13-5, 39-13-7, and 39-13-9, Mississippi Code of 1972, as amended.

B. The local government shall establish by state or local legislation an adequate and qualified historic preservation review commission (Commission) composed of professional and lay members.

1. The Commission shall exist as authorized under the Mississippi Local Government Historic Preservation Act of 1978 (State of Mississippi Local Government Historic Preservation Law, Sections 39-13-3, 39-13-5, 39-13-7, and 39-13-9, Mississippi Code of 1972, as amended).

2. The State of Mississippi Local Government Historic Preservation Law, Sections 39-13-3, 39-13-5, 39-13-7, and 39-13-9, Mississippi Code of 1972, as amended, requires that the Commission consist of not fewer than five nor more than nine members, who shall be appointed by the governing authority of the county or municipality, or a combination thereof, establishing the commission.

3. All Commission members shall have a demonstrated interest, competence, knowledge, or expertise in historic preservation. To the extent available in the community, the local government shall appoint professional members from the historic preservation related disciplines of architecture, history, architectural history, or archaeology or from such historic preservation related disciplines as urban planning, American studies, American civilization, cultural geography, cultural anthropology, interior design, law, and related fields.

Since the role of the Commission is vital to the implementation of the CLG program, each local government applying for status as a CLG shall provide the following information indicating good faith effort to locate professionals to serve on the Commission. If a documented good faith effort has been made unsuccessfully by the governing authority to locate residents of the county or municipality to serve on the commission, the governing authority may appoint individuals who own property within the boundary of the county or municipality, or both, or are in the service of an employer located within the boundary of the county or municipality, or both if

a. The local government shall run at least one public notice in a newspaper in its jurisdiction to solicit responses from citizens who are professionals in the Historic Preservation related fields of architecture, history, architectural history, or archaeology or from historic preservation related disciplines as urban planning, American studies, American Civilization, cultural geography, cultural anthropology, interior design, law, and related fields and who are interested in serving on the Commission. At the same time, the local government may contact such known professionals to invite them to submit their qualification for candidacy to the Commission. If there are no respondents to the public notice or contact by the local government, or if the chosen professional declines the appointment to the Commission, the local government may compose its Commission of lay persons. To be appointed to the Commission, lay members must have a demonstrated interest, competence, knowledge of expertise in historic preservation, which should be identified by information provided to the local government which shall include, but shall not be limited to: educational and volunteer background, attendance at workshops and seminars, and related activities. The local government shall decide, with the assistance of the MDAH/SHPO upon request, which lay persons should be considered for appointment to the Commission.

b.The local government shall allow three weeks (15 working days) for responses. Any respondents shall provide their professional qualifications as well as information concerning their demonstrated interest, competence, knowledge, or expertise. Such information may include, but is not limited to: education and professional background, volunteer work, attendance at workshops, seminars, and other experience as applicable.

c. When the local government has accrued adequate information concerning the qualifications and expertise of individuals who have expressed interest in being appointed to the Commission, it shall decide, with the assistance of the MDAH/SHPO upon request, which individuals, if any, shall be considered for appointment to the Commission.

d.Resumes for each member of the Historic Preservation Commission, including, where appropriate, credentials or member expertise in fields related to historic preservation. As noted in Rule 8.3 (B) (3), the Commission shall consist of members who have demonstrated special interest, experience, knowledge, or expertise in the primary historic preservation related disciplines of architecture, history, architectural history, or archaeology or from secondary historic preservation related disciplines as urban planning, American studies, American civilization, cultural geography, cultural anthropology, interior design, law, and related fields.

4. The commission shall establish its own regular meeting time; however, the first meeting shall be held within thirty (30) days of the adoption of a local historic preservation ordinance and regular meetings shall be scheduled at least once every three (3) months. The chairman or any two (2) members may call a special meeting to consider an urgent matter.

5. At least one member of the Commission shall attend at least one informational or educational meeting per year. In order to meet this requirement, a meeting shall be recognized by MDAH/SHPO as providing appropriate training pertaining to the work and functions of the Commission or to historic preservation in general. If a commission member(s) attends such meeting as delegated representative(s) of the commission, he shall then present material from the informational or educational meeting at the next regularly scheduled commission meeting.

6. The Commission shall transmit an annual report of its activities to the MDAH/SHPO. Such reports shall include, at a minimum, the number of case reviews, new designations made, progress on survey activities, revised resumes for commission members, attendance records, and documentation for the education and informational meeting referred to in Rule 8.3 (B) (5), above. Reports shall be submitted within sixty days after the end of the fiscal year for the local government. If the Commission has been established during the preceding fiscal year, the report shall reflect that portion of the year in which they were established.

7. The Commission shall monitor and report to the MDAH/SHPO any activity in the community affecting any property listed on the National Register of Historic Places; and

8. Records of proceedings shall be transmitted to the MDAH/SHPO at the same time they are transmitted to the members of the Commission.

C. The local government shall maintain a system for the survey and inventory of historic properties.

1. The local government shall initiate or continue a process for survey and inventory for properties within the local jurisdiction and shall ensure that the process for survey and inventory can be readily integrated into the statewide comprehensive historic preservation planning and other appropriate planning processes. The local government survey and inventory efforts shall be coordinated with and approved by the MDAH/SHPO;

2. All inventory data shall be in a format that is consistent with the statewide comprehensive historic preservation planning and other appropriate planning processes;

3. All inventory material shall be maintained securely and be accessible to the public, and shall be updated periodically to reflect changes, alterations and demolitions; and

4. There shall be a building by building survey and inventory for each historic district and completed survey materials for each landmark site designated by ordinance.

D. The local government shall provide for adequate public participation in the local historic preservation program including the process of recommending properties to the National Register.

1. All meetings of the Commission shall be open to the public;

2. Careful minutes shall be kept of all the decisions and actions of the Commission, including the reasons for making these decisions. The minutes must be kept on file and available to the public in accordance with the provisions of the Public Records Act of the State of Mississippi, Section 25-1-17 (1972); and Section 304 of the National Historic Preservation Act, as amended (16 U.S.C. 470 et seq.)

3. The local government shall strive to promote public participation in the nomination of properties to the National Register. Written information outlining the criteria for eligibility for nomination to the National Register and the National Register nomination process shall be available to the public. All reports submitted by the local government to the MDAH/SHPO regarding the eligibility of properties shall include assurances of public input. The local government shall retain a list of all persons contacted during the evaluation period in addition to comments which they receive. If a public meeting was held regarding the

nomination of properties to the National Register, a list of persons attending shall be included in the report.

E. The local government shall satisfactorily perform the responsibilities (in Rule 8.3 A-D above and those specifically) delegated to it by the MDAH/SHPO.

1. The local government may assume additional responsibilities as agreed to by the MDAH/SHPO and the local government. This agreement shall be in written form.

2. The MDAH/SHPO shall have a reasonable opportunity to review all records and materials pertinent to the implementation of this rule.

F. All functions performed by local governments to achieve and maintain certification must be in accord with the responsibilities of the State Historic Preservation Program as implemented by the MDAH/SHPO. These responsibilities are to:

1. Direct and conduct a comprehensive survey of historic properties and maintain an inventory of such properties.

2. Identify and nominate eligible properties to the National Register of Historic Places and otherwise administer applications for the National Register.

3. Prepare and implement a comprehensive statewide historic preservation planning process.

4. Administer the state program of Federal assistance for historic preservation within the state.

5. Advise and assist federal, state, and local government agencies in carrying out their historic preservation responsibilities.

6. Cooperate with the Secretary of the Interior, the Advisory Council on Historic Preservation, and other federal, state, and local government agencies to ensure that historic properties are taken into consideration at all levels of planning and development.

7. Provide public information, education, training, and technical assistance relating to the National and State Historic Preservation programs; and otherwise fulfill the state’s liaison responsibility with the Federal preservation programs, other states, local governments, Indian tribes, private organizations, and individuals.

8. Cooperate with local governments in the development of local historic preservation programs and assist local governments in becoming certified.

G. The local government agrees to comply with all provisions of the State Antiquities Law (39-7-1, et seq. of the Mississippi Code of 1972, as amended). In the event of any

proposed public actions that may affect designated “Mississippi Landmarks,” or properties potentially eligible for “Mississippi Landmark” designation, the local government shall, in writing, seek a permit for such actions from the Mississippi Department of Archives and History prior to undertaking the proposed actions. Furthermore, the local government agrees to comply with the Mississippi Department of Archives and History’s recommendations for “Mississippi Landmark” designations, permits, and/or cultural resource survey requirements.

H. The local government agrees to comply with all provisions of Section 106 of the National Historic Preservation Act and 36 CFR 800 regulations and shall, in its comprehensive planning, give due consideration for assisting the State Historic Preservation Office (Mississippi Department of Archives and History) in executing its responsibilities to review the impact of projects involving federal funds or licensing on properties listed on the National Register of Historic Places, or that are determined to be eligible for listing in the National Register. The local government agrees, to the extent possible, to work with local applicants, seeking federal funding, licensing, or assistance in the preparations of necessary documentation requested by the State Historic Preservation Office for its Section 106 and 36 CFR 800 reviews.

For further information, please refer to the National Historic Preservation Act and the Mississippi State Historic Preservation Office.

History

• Source: Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.4 Process for Certifying Local Governments

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.

B. The MDAH/SHPO shall respond to the chief elected official within sixty days of receipt of an adequately documented written request. Application for certification shall be reviewed by the SHPO, or designee, and SHPO staff. If the request from the chief elected official is not adequately documented, the MDAH/SHPO shall request the needed

documentation within sixty business days of receipt of the request. If the request from the chief elected official is adequately documented, the SHPO, or designee, and the SHPO staff shall review the application for certification and determine if the local government fulfills the requirements for certification.

C. When a local government application for certification has been approved in accordance with the MDAH/SHPO’s approved certification process, the MDAH/SHPO shall prepare a written agreement that lists the specific responsibilities of the local governments when certified.

This written certification agreement shall include the responsibilities outlined in Rule 8.3 (A), (B), (C), and (D), and additional responsibilities delegated to all CLGs in the state, and any other delegated responsibilities.

The State Historic Preservation Officer and the Chief elected official shall both sign the written certification agreement.

D. When the MDAH/SHPO determines that the local government fulfills the requirements for certification, the MDAH/SHPO shall forward a copy to the Secretary of the Interior or designee the following items:

1. a letter from the SHPO requesting certification;

2. a completed checklist indicating that all requirements have been met; and

3. a signed copy of the certification agreement.

If the Secretary of the Interior, or designee, does not take exception to the request for certification within fifteen working days of receipt, the local government shall be regarded as certified, and the MDAH/SHPO shall so notify the local government. The effective date of certification is the date of approval by the Department of the Interior.

E. When a local government application for certification cannot be approved in accordance with the MDAH/SHPO’s approved certification process, the MDAH/SHPO shall advise the local government as to how it can meet the requirements of the certification process.

History

• Source: Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.5 Process for Monitoring and Decertification of Certified Local Governments in Mississippi

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 CLG’s 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 CLG’s 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/SHPO’s 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.

History

• Source: Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.6 CLG Participation in the National Register Process

The CLG will be involved in the National Register process in the following manner:

A. Unless the CLG itself has initiated the nomination, the MDAH/SHPO will forward a copy of completed National Register nominations to the CLG for all properties within that jurisdiction within sixty (60) days of receipt of the nomination by MDAH.

The CLG shall submit a statement to the MDAH/SHPO regarding the eligibility of each property or district proposed for nomination to the National Register within its jurisdiction. This statement shall include the recommendation of the Commission and must include the opinion of the chief elected official or governing body. The statement

may be as simple as an affirmation that the property is eligible, or it may be a lengthy research report stating why the property should not be nominated. The statement or report should concentrate on the property’s eligibility under the National Register of Historic Places criteria. Guidelines on how to apply these criteria in the evaluation of an individual property will be provided by the MDAH/SHPO. Reference could also be made to the CLG’s historic preservation plan or other relevant planning documents. A copy of the report prepared by the CLG for the MDAH/SHPO shall be made available within the local jurisdiction for public inspection.

If the CLG does not provide a statement in a timely fashion, the nomination will be processed. However, frequent failure to submit statements on the eligibility of properties nominated within the jurisdiction of the CLG after the MDAH/SHPO has informed the CLG of a pending nomination will be considered during the next scheduled performance evaluation and may have an effect on the community’s continued certification.

B. Within sixty (60) days of the of the date of the nomination is forwarded to the CLG, after providing a reasonable opportunity for public comments, the Commission shall prepare, and the chief elected official or local coordinating official shall transmit to the MDAH/SHPO and the property owner(s), a statement reflecting the CLG’s opinion regarding the eligibility of the property. If the Commission and chief elected official or governing body do not agree, both opinions shall be forwarded.

C. If both the Commission and the chief elected official or governing body recommend that a property not be nominated because the property does not meet National Register of Historic Places criteria, the MDAH/SHPO will so inform the property owner(s) and the Mississippi Historic Preservation Professional Review Board (Review Board), and the property will not be nominated unless an appeal is filed within sixty (60) days with the MDAH/SHPO under the regulation established for the appeals process which is outlined in Section 101 (c) (2) of the National Historic Preservation Act (and in the State Program Manual).

D. If either or both the Commission and the chief elected official governing body agree that the property meets National Register of Historic Places eligibility criteria, and when the National Register nomination is professionally and technically sufficient to meet National Register standards as interpreted by the MDAH/SHPO, the nomination will be transmitted for review to the Review Board. The opinion or opinions of the Commission and the chief elected official/governing body will be presented to the Review Board at that time for its consideration.

E. After considering all opinions, the State Review Board shall make its recommendation to the MDAH/SHPO, who will then make a final determination regarding submission of the nomination to the Keeper of the National Register pursuant to Section 101 (a) of the Act and 36 CFR 60.6. The Commission, the chief elected official/governing body, the property owner, or any member of the public may appeal the final SHPO decision directly to the Keeper under the provisions outlined in 36 CFR 60.12

In order to expedite the nomination process, a CLG may elect to send a supporting letter with the nomination when it is first submitted to the MDAH/SHPO. The letter should be signed by both the chief elected official and the authorized representative of the Commission. The letter may be accompanied by a formal report, but should, at the least, clearly state that in their opinion the property is eligible for the National Register.

Upon written agreement between the CLG and the MDAH/SHPO, the CLG may elect to have all National Register nominations within their jurisdiction acted upon locally before being submitted to MDAH. In this case, copies of any nominations received by MDAH without having first been acted upon by the CLG will be provided to the CLG, and no action will be taken by MDAH until the CLG has acted upon the nomination. If the city has not acted upon the nomination within sixty (60) days, the applicant may resubmit it to MDAH for action.

Upon written agreement between the CLG and the MDAH/SHPO, the CLG may elect to assume responsibility for notification of property owners and the public throughout the nomination process. In this case, it will be the responsibility of the CLG to meet the public notice requirements specified by the National Register nomination procedures of the Department of the Interior. In addition to the requirement for public input into the above reporting requirement and notification to property owners regarding the CLG’s opinion concerning the National Register eligibility of their property, the CLG will be responsible for notifying property owners, other local government agencies, and county and/or regional planning agencies as appropriate throughout the nomination process and for providing MDAH/SHPO with copies of all notification notices. Unless otherwise stated in the agreement, the MDAH/SHPO will provide notification of nominations to the National Park Service, certified local program organizations, and appropriate federal and state officials. Participation in the notification procedures throughout the nomination process will provide the CLG with greater opportunity for public input and for resolving local differences of opinion prior to submission of the nomination to the Review Board.

If a CLG assumes the notification responsibilities, the MDAH/SHPO will provide guidelines regarding persons to be contacted and the content and timing of the notification letters. The CLG will maintain on file records documenting the notification actions that are taken.

F. CLG notification procedures do not apply when a Federal agency nominates a property under its ownership or control. CLSs are encouraged to coordinate with Federal agencies to the extent practical, however, in the consideration of such nominations.

History

• Source: Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.7 Subgranting of Historic Preservation Funds to Certified Local Governments

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.”

B. Shall adhere to all requirements of the Historic Preservation Grants Manual:

1. Indirect costs may be charged as part of the CLG grant only if the CLG subgrantee meets the requirements of the Manual.

2. Unless the CLG has a current indirect cost rate approved by the appropriate Federal agency, only direct costs may be charged.

C. Shall adhere to any requirements mandated by Congress regarding the use of such historic preservation funds.

The MDAH/SHPO is prepared to provide information about and assistance with the financial management systems which meet the requirements listed above.

All CLGs (except those on suspended status during the Federal Fiscal Year the grants are awarded) shall be eligible to receive funds from the HPF grant award, and at least ten percent of the MDAH/SHPO’s annual HPF allocation shall be designated for transfer by the MDAH/SHPO to CLGs. In any year in which the annual HPF State grant appropriation exceeds $65,000, one-half of the excess shall also be transferred to CLGs according to procedures to be provided by the Secretary of the Interior.

The MDAH/SHPO is not required to award funds to all governments that are eligible to receive funds.

All SLGs receiving HPF grants from the MDAH/SHPO CLG share shall be considered subgrantee of the State of Mississippi. The transferred grants to CLGs generally shall not be matched by any other Federal grants.

Each written grant agreement between the MDAH/SHPO and the CLG for the transfer of funds shall specify the requirements to be met by the CLG.

History

• Source: Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.8 Funding Priority

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 Mississippi’s 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 community’s historic downtown commercial core.

B. Projects that revitalize the community’s 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 Mississippi’s 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 Mississippi’s comprehensive historic preservation planning process. If these priorities do change, CLGs will be advised of the new priorities.

History

• Source: Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.9 Criteria for Selection

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 Mississippi’s 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.

History

• Source: Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.10 The Role of the MDAH/SHPO in the CLG Program

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.

History

• Source: Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 8.11 Application Timetable

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 state’s 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.

History

• Source: Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).

Chapter 11 Guidelines for Archaeological Investigations and Reports in Mississippi. (Adopted by the Board of Trustees on July 23, 1999; Amended July 20, 2001)

16 Miss. Admin. Code Pt. 3, R. 11.1 Professional Qualifications

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 Interior’s Standards and Guidelines, Archaeology and Historic Preservation’s “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.

B. The Field Director/s should also have a graduate degree in anthropology, archaeology, or closely related field, and have considerable experience and demonstrated ability to successfully function in a supervisory capacity. This person should possess formal training and considerable experience in archaeological theory, methodology, analysis, interpretation, and report preparation, and have demonstrated the ability to recognize and evaluate both historic and prehistoric cultural features.

C. Field Crew Member/s should have an undergraduate degree in anthropology, archaeology, or closely related field, or possess considerable experience and have demonstrated the ability to recognize and evaluate both historic and prehistoric cultural features and artifacts.

D. Any archaeologist conducting archaeological research (Phase I, II, and III) should have access to:

1. adequate field and laboratory equipment to conduct the survey, excavation, or other research; and

2. adequate facilities to properly treat, analyze, and temporarily curate cultural material obtained as a result of the investigation.

History

• Source: Miss. Code §§ 39-7-3, 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 11.2 Consultant List

Effective August 1, 2001, MDAH-SHPO will maintain a consultant list comprised solely of archaeologists and companies who meet the Secretary of Interior’s 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-SHPO’s “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 consultant’s 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 consultant’s 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.

History

• Source: Miss. Code §§ 39-7-3, 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 11.3 Laboratory and Curation Guidelines

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.

B. Curation Guidelines:

1. All cultural material, field notes, project records and photographs should be curated upon completion of the project in accordance with 36 CFR 79 (“Curation of Federally-Owned and Administered Archeological Collections”) on acid free paper, as applicable.

2. The archaeological contracting firm should clean, label, and prepare all materials recovered during the study, and arrange for the transfer of recovered materials and records to a suitable Mississippi curation facility, when possible, preferably in the same region where the work was conducted, that meets or exceeds standards set forth in 36 CFR 79.

3. All artifacts recovered through underwater archaeological research should be treated in the field to stabilize and lessen deterioration. Standard cleaning and preservation procedures should be followed once artifacts are taken to the laboratory.

4. Due to additional problems and costs associated with proper artifact stabilization and long-term curation of submerged archaeological resources, these artifact collections should be kept to the absolute minimum necessary to make required assessments and determinations.

History

• Source: Miss. Code §§ 39-7-3, 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 11.4 Treatment of Human Remains

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 encountered during archaeological investigations. Additionally, some agencies have internal guidelines governing the treatment of human remains (e.g., USDA Forest Service’s Human Remains Policy), and these should also be consulted when applicable. If non- Native American human remains are discovered, then the principal investigator should immediately notify the county coroner, sheriff, and/or board of supervisors to begin consultation. Should aboriginal human remains be discovered, archaeological activities (e.g., shovel testing, test excavations, mechanical stripping) should cease in that area. The field archaeologist should contact the governing/contracting agency for further instruction. In the absence of Federal involvement, if Native American burials are encountered on state, county, municipal or private land, the field archaeologist should contact MDAH-SHPO and apply for a burial excavation permit. Burial excavation permits may also be applied for in anticipation of encountering burials. Work may continue in the area once a burial excavation permit has been granted by MDAH-SHPO. Encountered aboriginal human remains shall be recorded, handled, and protected according to the stipulations stated in the permit.

Under the provisions of the State Antiquities Law (39-7-31), the Board of Trustees of MDAH is given the responsibility of considering and permitting, if deemed appropriate, the excavation of prehistoric or historic Indian burials. Specifically, 39-7-31 states:

No person without a permit from the board and without written permission of the landowner, shall intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any prehistoric or historic American Indian or aboriginal burial.

As stated in 39-7-3 (Declaration of Public Policy), it is the policy of the State of Mississippi and in the interest of the State to protect and preserve archaeological sites of every character. Burials in the context of the Antiquities Law are archaeological sites. They are, however, very special kinds of archaeological sites that are given additional legal protection by other laws. For this reason, burials are the only type of site for which MDAH-SHPO has legal authority on private property, except for “Mississippi Landmarks” for which this authority is voluntarily given by the landowner.

In order to prevent confusion and to establish clear directives, the following guidelines are instituted:

A. No permit will be issued unless the excavation is to be performed or supervised by an archaeologist meeting the aforementioned professional qualifications. It is recommended that a physical anthropologist be present during the excavation to ensure the recovery of a maximum amount of pertinent information.

B. A report, following the guidelines established in this document, detailing the findings of the excavation, including photographs and sketches, must be submitted to MDAH-SHPO within one year of completion of the excavation. C. If the burial/s in question is reasonably expected to be of a known, existing tribe, the written comments of that tribe shall be sought and, if obtained, submitted in written form to MDAH-SHPO when application is made for a permit.

D. The remains are to be curated in a facility that meets or exceeds standards set forth in 36 CFR 79 or reburied after scientific analysis. The decision on whether to require reburial will be determined by MDAH-SHPO after reviewing documentation submitted with the request for a burial excavation permit (see Step 3).

E. Permits to excavate burials will not be issued in most circumstances unless there is a threat to the integrity of the burial/s through vandalism, natural forces (e.g., erosion, inundation), or development that is clearly in the public interest.

F. For purposes of these guidelines, a burial is understood to include the items that are interred with the body/human remains.

G. In the event of the unintended discovery of burials during the course of an excavation, the encountered remains are to be recorded in such a manner as to minimize the loss of scientific data. A burial excavation permit is to be sought, if the archaeologist wishes to continue with the burial excavation/removal.

H. MDAH-SHPO may, as it finds advisable, call for a written proposal from the applicant on the procedure for burial removal and reserves the right to deny the participation of any archaeologist. Such written proposals should address the adequacy of crew size and experience, laboratory and temporary curation facilities, as well as arrangements for long-term curation or reburial of remains.

History

• Source: Miss. Code §§ 39-7-3, 39-7-31, 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 11.5 Terrestrial Archaeological Research

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 project’s 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 project’s 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 Mississippi’s past.

History

• Source: Miss. Code §§ 39-7-1, 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 11.6 Create a Research Design for Terrestrial Cultural Resources

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 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.

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

C. Recordation:

1. Field notes should be maintained during the entire investigation and for all aspects of the project. If possible, all notes should be written or copied onto acid-free paper.

2. Significant archaeological sites and prominent features found should be photographed with color and black and white film. Although most black and white film types are fairly stable, most color films are not. Due to color film dye instability and short life expectancy, archaeologists are strongly encouraged to use Kodachrome slide film when photodocumenting sites for the permanent record. All photographs should be printed with a standard finish, such as matte, glossy, or satin and should be at least 3½ x 5 inches. Each photograph should be labeled with a permanent audio-visual marking pen or pencil. Adhesive labels should not be used on photographs because they can become detached. All original photographs, negatives and transparencies should be included with the curated materials. Digital images, regardless of the media, are not appropriate for the permanent record. For further advice concerning photographing significant archaeological sites refer to National Register Bulletin 16A: How to Complete the National Register Form and National Register Bulletin 23: How to Improve the Quality of Photos for National Register Nominations.

3. Maps of the project area should be maintained to record all areas investigated and sites located.

D. Phase I:

1. Terrestrial Cultural Resources Survey: The overall goal of a Phase I cultural resources survey is the location and evaluation of archaeological resources within a project’s area of potential effects. If sites are found during this phase of research, sufficient information should be recovered to determine whether further investigations are necessary to assess National Register eligibility. Specific objectives of the Phase I cultural resources survey include:

a. a review of archaeological and historical records pertaining to the general project area;

b.a complete field inspection to determine the presence, nature, and degree of integrity, if possible, of any archaeological remains within the project’s area of potential effects; and

c. an evaluation of the potential impact of the project on the identified archaeological resources. 2. Fieldwork Guidelines: The areas surveyed and the methodologies employed should be decided on an individual project basis. The following list, however, provides basic guidelines that should assist the archaeologist in retrieving adequate information:

a. General:

i. The field survey must include a systematic pedestrian surface examination of all exposed ground surfaces, as well as shovel testing and screening of all vegetated ground surfaces in the entire area of potential effects.

ii. If predictive modeling is used during any part of the Phase I cultural resources survey, the model must be verified through field testing.

iii. Written records must be maintained throughout the course of the study.

iv. Photographic documentation of potentially significant archaeological resources identified in the project area should be maintained to record the geographical setting and land use (see Recordation section for information concerning photographs).

v. Representative artifact collections (i.e. all artifact forms, not just diagnostics) must be made from archaeological sites identified within the project area for the purposes of determining the site’s temporal and cultural affiliations, as well as the functional and technological aspects of the assemblage.

vi. All previously recorded sites in the project area should be visited, if possible. Information on these sites should be updated in the form of a new site card.

vii. Gathering information from local informants about cultural resources in the project vicinity is encouraged. If possible, view, describe, and photograph private artifact collections obtained in or near the project area.

viii. Past land alterations (e.g., plowing, timber activities, borrow pits, construction activities, erosion) in the project area of potential effects should be recorded.

ix. Every shovel test, auger test, and other ground disturbance should be refilled upon completion of the survey unless consultation with participating agencies and/or landowners has produced an agreement to forego filling.

x. Survey and site/s locations must be depicted on 7.5’ USGS topographic maps.

b. Systematic Pedestrian Visual Surface Examination:

i. Ground cover conditions must be described and the techniques of pedestrian survey specified.

ii. A systematic pedestrian visual surface examination must be conducted in those portions of the project area, such as cultivated cropland, possessing good surface visibility.

iii. In areas of good surface visibility, archaeologists should walk transects spaced at 15-30 meter (50-100 feet) intervals maximum. A transect spacing justification (e.g., ground visibility, density of archaeological sites in area, severely disturbed areas, inaccessibility) should be part of the cultural resources survey report.

iv. While a surface collection may help determine horizontal site boundaries, it is not considered an adequate procedure for assessing site nature (i.e., depth, composition, possible integrity, etc.). Therefore, some subsurface investigations should also be conducted at the site.

c. Shovel Tests/Screening:

i. Where the surface cannot be inspected with reasonable thoroughness, sub-surface testing must be conducted in all areas where archaeological sites are likely to occur.

ii. The nature of any sub-surface testing must be discussed with size, depth, and spacing intervals of tests specified.

iii. Shovel tests should be excavated at 30 meter (100 feet) intervals maximum across terrain with poor ground surface visibility.

iv. Each shovel test, approximately 30x30 cm (12x12 inch) in diameter, should be excavated into sterile subsoil, if possible.

v. Excavated soil should be screened through 6.35 mm (¼ inch) or smaller hardware cloth unless soil conditions make such screening impractical. When such soil conditions exist, the archaeologist should identify these conditions in the report and indicate the method of artifact recovery that was used.

vi. When a positive shovel test is excavated, the testing interval should be reduced to 5 to 10 m with shovel testing continuing in a cruciform or grid pattern until two consecutive negative shovel tests are encountered. This method should assist in determining horizontal site dimensions and boundaries.

vii. Records of each positive shovel test should be maintained, including their locations within the project area and the number and types of artifacts recovered from each shovel test. Artifacts encountered exclusively in disturbed zones or at any other depths should be noted. Additionally, it is important to record any negative findings encountered during the survey.

viii. Unvegetated cultivated fields and land forms are not automatically exempt from shovel testing. Therefore, if shovel tests are not excavated, the principal investigator should justify the decision. Plowed fields should be shovel tested under the following conditions: poor artifact visibility (e.g., soil recently plowed, lack of rainfall), when in a dynamic depositional environment (e.g., adjacent to aggrading stream, creek, river), or artifacts observed on the surface.

d. Deep Soil Sampling:

i. Principal investigators should conduct limited deep soil sampling, utilizing cores, augers, backhoes, etc., to locate and delimit cultural deposits deeply buried under alluvium, colluvium, and/or water. Deep soil sampling helps the archaeologist more thoroughly evaluate the project area by gathering site and soils information unobtainable through pedestrian visual surface examination and traditional shovel testing procedures.

ii. Consultation with a geomorphologist or pedologist is encouraged if the principal investigator is not trained in or familiar with the geomorphology of the area.

e. Other Methods: Archaeologists may also incorporate a variety of remote sensing techniques into the survey, such as ground penetrating radar (GPR), gradiometer, resistivity, conductivity, magnetometer, metal detecting, aerial photographs, multispectral imaging, etc. The research design should justify the use of these additional survey techniques.

E. Phase II: 1. Terrestrial Cultural Resources Testing and Evaluation: The primary objective of the Phase II investigation is to determine if the site in question is eligible for inclusion in the National Register of Historic Places. Although archaeological site significance can be documented under National Register Criterion A (events), B (important persons), and C (design, construction, and work of a master), eligibility for most sites will probably be determined under Criterion D (information potential) or a combination of all the above (see National Register Bulletin 36). “In order to determine the significance of a site [under Criterion D], enough subsurface investigation must be done to establish the potential for information that can be used to formulate and answer research questions” in regard to a regional context (Bense et al. 1986:56). Investigation objectives include, but are not limited to, identifying:

a. the vertical and horizontal extent of intact archaeological deposits within each site;

b.the density and distribution of the archaeological deposits within each site;

c. the cultural affiliation of the components represented at each site;

d.the presence of undisturbed/relatively intact subsurface features or buried stratified deposits at each site;

e. the classes of archaeological remains retrievable; and

f. whether the site is eligible for inclusion in the National Register. Phase II investigations should not be initiated without consultation with MDAH- SHPO.

2. Fieldwork Guidelines: The fieldwork methodology and areas to be investigated should be decided on an individual site basis. The selected methodology should focus only on data relative to research questions of potential importance as they pertain to evaluating National Register significance. The following list provides basic guidelines that should assist the archaeologist in retrieving adequate information:

a. General:

i. Written records and standardized forms should be maintained throughout the course of the study. Test units, features, soil profiles, and other identified anomalies should be photographically recorded.

ii. All field investigations must use a permanent reference grid.

iii. Every test excavation unit, auger test, backhoe trench, or other ground disturbance should be refilled upon completion of the testing project, unless consultation with participating agencies and/or landowners has produced an agreement to forego filling (e.g., preparation for Phase III mitigation).

iv. Provide location of Phase II testing on 7.5’ USGS topographic map.

b. Testing:

i. Work conducted during the Phase I cultural resources survey should have identified the archaeological property’s boundaries and artifact distribution and/or concentrations. However, if this is not the case, then the archaeologist may need to conduct limited clearing and/or plowing and disking of the site to enhance surface visibility. Some areas, such as forests, may preclude this step. Therefore, it is recommended additional shovel tests and screening be conducted in order to identify site boundaries. Upon completion of this task, the archaeologist should conduct a controlled surface collection utilizing a permanent reference grid. Areas in tree/bush lines may be investigated by excavating test units. Based on the results of the surface collection, shovel testing, and/or previous artifact/feature concentrations encountered during Phase I survey, a limited number of test units (based on site size, artifact distributions, land formations, etc.) should be manually excavated to determine the depth of the plowzone (or A horizon) and nature of subplowzone deposits and subsoil. All land clearing and testing activities should be justified in the report.

ii. Excavated soil should be screened through 6.35 mm (¼ inch) or smaller hardware cloth (e.g., dry shaker screens or water screens). It is advisable to double screen feature fill or other complex deposits through a 1.58 mm (16th inch) fine hardware cloth to ensure retrieval of as much cultural material as possible (e.g., micro-debitage, archaeobotanical and zooarchaeological remains) (see also Flotation Sampling).

iii. If deemed appropriate by the principal investigator, heavy equipment (e.g., backhoe, grader) may be used to remove selected portions of disturbed upper soil zones (e.g., plowzone) to expose possible intact buried deposits. Locations and orientation of trenches, depositional and pedogenic profiles for trenches, and stratigraphic evidence for integrity, or lack thereof, should be included in the report. However, it is important to note, that solely grading a site and looking for features is not considered an appropriate, effective, or scientific means of testing an archaeological site. Justification for conducting all mechanical tests should be included in the report.

iv. Typically, the sampling design should provide adequate sub- surface exposure (i.e., below plowzone or other identified initial soil level) of the site area as defined by surface and subsurface techniques (e.g., surface collections, shovel tests). Each site is different, and the archaeological methods used, the areas of the property tested, and the percentage of the site sampled in order to determine National Register eligibility should be decided on an individual site basis.

v. A justification of test excavation unit spacing and placement (e.g., artifact densities, presence of features) should accompany the Phase II testing report.

vi. Priority should be given to accurately mapping the distribution of subsurface features and deposits that have been revealed through testing (e.g., plan and profile illustrations; artifact piece plotting).

vii. A representative sample of subsurface cultural features and deposits should be excavated to determine temporal and cultural affiliations.

viii. Munsell soil color and texture data should be provided for all excavated units (by level) and features.

c. Deep Soil Sampling: Limited deep soil sampling should be conducted at appropriate locations, if applicable, across the site in order to ensure proper coverage and to detect any deeply buried deposits that may exist.

d. Flotation Sampling: Systematic flotation samples should be taken to provide a sample of artifacts less than 6.35 mm (¼ inch), such as archaeobotanical and zooarchaeological remains. Flotation samples provide an index not only of the presence of remains but also an indication of the density of material. The percentage of site (levels, features) sampled through flotation should be decided on an individual site basis.

e. Chronometric Sampling: Systematic chronometric samples should be taken to provide information on the age of the site. Types of chronometric dating procedures include radiocarbon dating, archaeomagnetic dating, oxidizable carbon ratio, thermoluminescence, etc.

f. Other Methods: Archaeologists may also incorporate a variety of remote sensing techniques into the survey, such as ground penetrating radar (GPR), gradiometer, resistivity, conductivity, magnetometer, metal detecting, aerial photographs, multispectral imaging, etc. The research design should justify using these additional survey techniques.

F. Phase III:

1. Mitigation of Terrestrial Cultural Resources: The mitigation of impacts or effects on a significant (i.e., National Register eligible) property can take several forms. For example, relocating, changing, or modifying the proposed project is one way to avoid impacting an eligible archaeological site. Although the site may not be preserved in the long run, this action can eliminate imminent impacts and adverse effects associated with the original project. This step incorporates the property into the project in a non-destructive manner.

However, when avoidance of a significant property is impractical and partial or total destruction is unavoidable, an agreement to conduct data recovery (i.e., extensive and in some cases complete site excavation) is usually reached (see Section 110b of NHPA). This plan is usually a continuation and expansion of Phase II activities. The data recovery plan should be detailed, discussing and justifying the design of the investigation which will retrieve the data, what research questions will be addressed, the proposed analysis and the expected results, and a justification for the expenditure of money on the data recovery project should be clearly stated. If the recovery plan is unusually complex, then a Memorandum of Agreement (MOA) between participating agencies should be developed. Mitigation recovery projects may not proceed without consultation with MDAH-SHPO and the development of the appropriate written agreement. Whatever is decided, this plan should be consistent with the principles set forth in “Consulting About Archeology Under Section 106,” the “Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects,” and the “Participants Desk Reference” issued by the Advisory Council on Historic Preservation in 1995.

2. Underwater Archaeological Research: Mississippi possesses a diverse range of submerged cultural resources, ranging from canoes and pirogues to steamboats, schooners, and ocean-going vessels, as well as prehistoric sites inundated through coastal subsidence. These archaeological sites receive the same level of protection as do terrestrial sites. In addition to the aforementioned laws (e.g., NEPA, NHPA) governing terrestrial site protection and mitigation, additional

legislation, such as the Abandoned Shipwreck Act of 1987, serve to further protect these important resources.

The following section briefly outlines Phase I, II, and III techniques and guidelines that should assist archaeologists and agency administrators in developing research designs capable of retrieving sufficient amounts of data in order to identify and evaluate submerged cultural resources, primarily sunken vessels. Each phase should be approached within the context of a research design with project results contributing to a better knowledge and understanding of Mississippi’s past.

History

• Source: Miss. Code §§ 39-7-1, 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 11.7 Create a Research Design for Submerged Cultural Resources

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 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.

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. Owen’s 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.

C. Recordation:

1. Field notes should be maintained during the entire investigation and for all aspects of the project. If possible, all notes should be written or copied onto acid- free paper.

2. Significant archaeological sites and prominent features (e.g., shipwrecks, docking facilities) with good visibility (e.g., low tide; clear water) should be photographed with color and black and white film. Although most black and white film types are fairly stable, most color films are not. Due to color film’s instability and short life expectancy, archaeologists are strongly encouraged to use Kodachrome film when photodocumenting the site and research for the permanent record. All photographs should be printed with a standard finish, such as matte, glossy, or satin and should be at least 3½ x 5 inches. Each photograph should be labeled with a permanent audio-visual marking pen or pencil. Adhesive labels should not be used on photographs because the labels can become detached. All original photos, negatives, and transparencies should be included with the curated materials. Digital images, regardless of the media, are not appropriate for the permanent record. For further advice concerning photographing significant archaeological sites refer to National Register Bulletin 16A (How to Complete the National Register Form and National Register), 20 (Nominating Historic Vessels and Shipwrecks to the National Register of Historic Places), 23 (How to Improve the Quality of Photos for National Register Nominations).

3. Maps and scaled drawings of the project area and recorded anomalies should be maintained throughout the investigation. This is particularly important since many submerged cultural resources in Mississippi can not be photodocumented due to poor visibility associated with water turbidity.

D. Phase I:

1. Submerged Cultural Resources Survey: The overall goal of a Phase I submerged cultural resources survey is to locate and evaluate archaeological resources within the project’s area of potential effects. During this phase of research, archaeologists need to recover sufficient information to determine whether further investigations at the site/s is necessary to address National Register eligibility. Specific objectives of the Phase I submerged cultural resources survey include:

a. a review and search of the archaeological and historical records pertaining to the general project area; b.a field inspection and complete Phase I survey to determine the presence, nature and degree of integrity, if possible, of archaeological remains within the project’s area of potential effect; and

c. an evaluation of the potential impact of the project on the identified archaeological resources.

2. Fieldwork Guidelines: The areas surveyed and the methodologies employed should be decided on an individual project basis. The following list, however, provides basic guidelines that should assist the archaeologist in retrieving adequate information:

a. General:

i. Each submerged and visible watercraft, as well as other cultural resources (e.g., bridges, structures) identified in the project’s area of potential effects, should be recorded and preliminarily evaluated as to its National Register eligibility.

ii. Due to varying levels of survey complexity often associated with riverine and marine environments, such as water depths and poor visibility, remote-sensing technologies should be used. Remote- sensing technologies should include, but not be limited to, systematic magnetometer survey, bathymetric or fathometer survey, and side-scan sonar. All instrument data should be recorded in concert with a Differential Global Positioning System (GPS).

iii. A magnetometer survey will detect most anomalies in the project’s area of potential effects. Archaeologists will need to conduct more detailed systematic magnetic surveys for all anomalies thought to be potentially significant. Analyses of the initial and more detailed magnetic surveys should provide the principal investigator with enough information to determine the identity of the anomaly and the potential for further testing.

iv. If it is determined that additional testing of an anomaly is needed/required, then a side-scan sonar should be employed to enable the principal investigator to make a more precise determination regarding the anomaly’s National Register potential. Side-scan sonar may be excluded from use when field conditions prohibit or dictate otherwise. In these instances, a justification for not using side-scan sonar must be discussed in the report. It is important that all generated data (side-scan sonar, magnetometer, etc.) be correlated in order to produce as accurate a survey result as possible. v. Systematic water jet probing from the deck of the survey boat or adjacent banklines should be conducted to determine the location and extent of all identified submerged watercraft and other potentially significant underwater resources.

vi. All exposed watercraft elements should be fully recorded to the extent possible with a detailed discussion provided in the report.

vii. Survey and site/s locations must be depicted on 7.5’ USGS topographic maps.

b. Magnetometer, Bathymetric/Fathometer: Magnetometer and Bathymetric/Fathometer are remote sensing instruments that produce survey data capable of being downloaded into a computer database. There are two types of magnetometers currently used in the field of underwater research, a proton precession magnetometer and a cesium magnetometer. The proton precession magnetometer is probably sufficient for the Phase I cultural resource survey. Data collected from the magnetometer survey should be of sufficient precision and quality to allow for interpretations.

c. Side-Scan Sonar:Archaeologists are encouraged to use as high a frequency side-scan sonar as possible, such as 500 kHz. Higher frequencies produce superior resolutions thereby allowing for better identification and interpretation of targets. While lower frequency side- scan sonars, such as 100 kHz, can produce good results, they do not produce the high quality results higher frequency side-scan sonars do. Again, archaeologists are encouraged to utilize a side-scan sonar capable of recording data that can be down loaded into a computer database (note: some side-scan sonars are equipped with video monitors, but are incapable of storing the generated data).

d. Positioning Systems: A positioning system should be incorporated into all submerged cultural resources surveys, so archaeologists can easily map and relocate any targets encountered. To ensure precision during the remote sensing survey a ±5 meter variance in positioning data is

suggested. In order to achieve this accuracy, the archaeologist should use either an on-shore total station or a Differential (or corrected) Global Positioning System (GPS). The on-shore total station may be more practical and feasible if: the survey area is limited in scope, the line of sight between shore and survey vessel is good, and/or there is a single target involved.

e. Remote Sensing Survey:

i. Transect lane spacing should not exceed 30 meters (100 feet). ii. Positioning control points should be obtained at least every 30 meters (100 feet) along transects.

iii. Background noise for the magnetometer data should not exceed ±3 gammas.

iv. Magnetic data should be recorded on the 100 gamma scale.

v. The magnetometer sensor should be towed a minimum of 2.5 times the length of the boat or projected in front of the survey vessel to avoid vessel noise.

vi. The survey should utilize the Universal Transverse Mercator (UTM) grid system when providing site and feature locations.

vii. Additional, more tightly spaced transects should be run over all potentially significant anomalies.

viii. Differential GPS survey control should be used to determine the exact locations of the magnetic anomalies or exposed watercraft.

f. Survey Intervals:

i. Although interval spacing should be established on a case by case basis, it is recommended that magnetometer spacing not exceed 30 m (100 ft). This spacing increases the possibility of detecting the smallest of targets. A transect spacing justification (e.g., density of archaeological sites in area, inaccessibility) for all forms of remote sensing should accompany the cultural resources survey report.

ii. Any magnetic target that produces an anomaly greater than 20 to 25 gammas, covers an area greater than 15 meters, or produces a complex signature should be viewed a second time. A justification for any subsequent viewing, or a decision not to

reexamine an anomaly such as this, must accompany the survey report.

iii. Additional survey lines (normally perpendicular to the original survey) should be run across targets deemed to be of interest. These supplementary lines provide additional data on the character of the target, as well as aid in the development of magnetic contour maps.

g. Terrestrial Surveys: i. In some cases, a terrestrial survey of bank lines may provide supplementary data to the information generated during the underwater survey. Examples of such data include the locations of vessels partially covered by bank lines, associated structures such as docking or landing facilities, and sunken vessels abandoned at or near these facilities. In addition, terrestrial surveys provide access to shore lines deemed inaccessible by boat due to heavy vegetation or low water (For information concerning appropriate survey methods see Terrestrial Cultural Resources Survey section).

ii. Archaeologists are also encouraged to use hand-held magnetometers when conducting these bank line and shallow water terrestrial surveys. This is especially true in river settings where magnetic targets are observed trending under the bank.

E. Phase II:

1. Submerged Cultural Resource Testing and Evaluation: The primary objective of the Phase II investigation is to determine if the site in question is eligible for inclusion in the National Register of Historic Places (note: Phase I and II underwater investigations are sometimes combined into a single activity. The governing/contracting agency is responsible for ensuring that a scope of work exists in which the specific tasks are outlined and that the proper officials are notified). Unlike terrestrial archaeological sites, National Register eligibility for most submerged cultural resources will be determined using most of the established Criterion, as opposed to just Criterion D (see National Register Bulletin 36).

However, as with terrestrial sites, “In order to determine the significance of a site [under Criterion D], enough subsurface investigation must be done to establish the potential for information that can be used to formulate and answer research questions” in regard to a regional context (Bense et al. 1986:56). Investigation objectives include, but are not limited to:

a. the vertical and horizontal extent of intact archaeological deposits within each site;

b.the density and distribution of the archaeological deposits within each site;

c. the cultural affiliation of the components represented at each site;

d.the presence of undisturbed submerged features or buried stratified deposits at each site;

e. the classes of archaeological remains retrievable; and

f. whether the site is eligible for inclusion in the National Register. Phase II investigations should not be initiated without consultation with MDAH- SHPO.

2. Fieldwork Guidelines: The fieldwork methodology and areas to be investigated should be decided on an individual project basis. However, the selected methodology should focus only on data relative to research questions of potential importance as they pertain to evaluating National Register significance. The following list, however, provides basic guidelines that should assist the archaeologist in retrieving adequate information:

a. General:

i. Since it is practically impossible to adequately identify and assess the significance of submerged cultural resources based solely on the generated remote-sensing data, some form of diving will probably be required during Phase II investigations. Because diver safety is a prime concern, MDAH-SHPO requires that the principal investigator submit an Underwater Dive Safety Plan to the governing/contracting agency for approval prior to any diving activity (For additional information on operating in a safe manner, the principal investigator should become familiar with the 1996 “U.S. Army Corps of Engineers Safety and Health Requirements Manual”). This Plan should address: accident management, hazardous activities analyses, operating procedures, and equipment selection and use. Diver standards should meet or exceed the minimum required by the U.S. Army Corps of Engineers. In addition, the principal investigator/contracting firm will ensure that: divers are medically fit to dive; experienced at diving depths; experienced at tasks to be performed; and experienced with the equipment to be used. All divers, including standby divers, should be qualified divers, as well as

knowledgeable in archaeological methodology for submerged cultural resources. A record of all dives should be kept by a timekeeper.

ii. Written records should be maintained throughout the course of the study. Test units and other identification techniques, as well as identified anomalies should be photographically recorded, if possible.

iii. All field investigations must use a permanent reference grid.

iv. Field methods should employ terrestrial and underwater archaeological methods, as applicable. These methods include, but are not be limited to, remote-sensing surveying, probing, hydroprobing, underwater diving, surface excavation, systematic structural recordation, and the stabilization and conservation of recovered artifacts.

v. All instrument data should be recorded in concert with a Differential Global Positioning System (GPS).

vi. Provide location of Phase II testing on 7.5’ USGS topographic map.

b. Testing:

i. Work conducted during the Phase I submerged cultural resources survey should have identified the archaeological property’s boundaries and artifact concentrations. However, due to uncontrollable forces (e.g., current, fishing activities) some targets may move, and therefore the re-establishment of the target’s location via remote-sensing technologies is suggested.

ii. Physical examination of the target by a diver may be required in certain situations. If the target is buried, examination of the target with a stainless steel probe or a hydraulic probe can provide insights on target dimensions, configuration, depth, condition, etc.

iii. If deemed necessary, excavations should only be to the extent that provides adequate data to make the necessary assessment of the submerged cultural resource. Because underwater investigations can be costly and time-consuming, sampling strategies should be employed, thereby limiting work to the minimum necessary to make the required assessments and determinations. However, each site is different and the archaeological methodology used, the

areas of the property tested, and the percentage of the site sampled should be decided on an individual site basis.

iv. Equipment (e.g., air lift, water jet, hydraulic venturi dredge) needs should be tailored to the specific project with justifications for the selection and utilization of this equipment outlined in the report.

v. Priority should be given to accurately mapping the distribution of submerged resources (e.g., artifact concentrations, vessel features). vi. Information on site conditions, precise limits, chronological placement, structural integrity, dimensional data, and watercraft type and identity, if possible, should be obtained.

vii. Data recovery techniques should adhere to professional standards. A primary goal is a physical examination and documentation of vessel construction. It is recommended that at least three cross sections of each hull be completely inspected and documented for the purpose of analyzing construction techniques and materials.

viii. Information should be collected regarding historic watercraft known to have traveled the project’s area of potential effects and should include, but not be limited to, newspaper accounts, handbills, and enrollment certificates. Typical schematic drawings of watercraft construction plans that are similar to types located in the project area should be included in the report.

ix. A datum must be established at each site and measurements should be controlled and referenced by this point. Probing will be useful in locating hull remains and machinery. Probing by hand or with a water jet will determine the amount of sediment overburden and will aid in optimum placement of excavation units (or trenches).

x. Each excavation unit should be cleared until evidence of hull remains or machinery is encountered. The units should be placed in such a manner as to ensure maximum retrieval of data. The inferred locations of the bow and stern should be examined, if possible, to determine the orientation of the vessel/s. The proper location of these test units should reveal construction details about the ship’s hull, deck, and machinery.

xi. A detailed and accurate map of the exposed portions of each hull should be made to determine exact horizontal site limits, detect artifact densities, and assess the relationship between areas. Plan drawings or sketches should be made from test excavations to

illustrate the location of artifacts, structural members, machinery, and hull layouts.

xii. If a vessel type was built for a specific use, its relationship to a specific historical context should be assessed. Documentation of former enrollment records and registries should be researched. The integrity of each vessel needs to be thoroughly documented, discussing original form, materials, workmanship, and changes.

xiii. A detailed and accurate map of the extant portions of each hull should be made to determine exact horizontal site limits, detect artifact densities, and assess the relationship between areas. Plan and profile drawings should be made from test excavations to illustrate the location of artifacts, structural members, machinery, and hull layouts. Historic plans, drawings, and photographs should be reproduced or prepared to visually represent each vessel. Views of deck plans, inboard/outboard profiles, and hull and longitudinal sections should be included. These drawings of existing portions and representative samples of each vessel should be drawn to show methods of construction and individual features. See the National Park Service’s Guidelines for Recording Historic Ships (1988) for additional information. F. Phase III:

1. Mitigation of Submerged Cultural Resource: The mitigation of impacts or effects on a significant (i.e., National Register eligible) property can take several forms. For example, relocating, changing, or modifying the proposed project is one way to avoid impacting an eligible archaeological site. Although the site may not be preserved in the long run, this action can eliminate imminent impacts and adverse effects associated with the original project. This step incorporates the property into the project in a non-destructive manner.

However, when avoidance of a significant property is impractical and partial or total destruction is unavoidable, an agreement to conduct data recovery (i.e., complete site excavation) is usually reached (see Section 110b of NHPA). This plan is usually a continuation and expansion of Phase II activities. The data recovery plan should be detailed, discussing and justifying the design of the investigation which will retrieve the data, what research questions will be addressed, the proposed analysis and the expected results, and a justification for the expenditure of public money on the data recovery project should be clearly stated. If the recovery plan is unusually complex, then a Memorandum of Agreement (MOA) between participating agencies should be used. Mitigation recovery projects may not proceed without consultation with MDAH-SHPO and the development of the appropriate written agreement. Whatever is decided, this plan should be consistent with the principles set forth in “Consulting About Archeology Under Section 106,” the “Secretary of the Interior’s Standards and

Guidelines for Historic Preservation Projects,” and the “Participants Desk Reference” issued by the Advisory Council on Historic Preservation in 1995.

2. Report Guidelines:

a. All final cultural resources survey (Phase I), testing (Phase II), and mitigation (Phase III) reports should be in narrative form, including a clear and concise presentation of project purposes, methods, results, and recommendations. Phase I cultural resources surveys should discuss positive and negative findings. Phase II archaeological testing reports should address three aspects:

i. a description of the study and results of fieldwork and laboratory analyses,

ii. an assessment of the presence and nature of the encountered archaeological deposits, and

iii. an evaluation of the National Register of Historic Places eligibility of each site in conjunction with recommendations for further work. In addition to the these three aspects, Phase III archaeological mitigation reports should also

iv. answer in detail all research questions outlined in the data recovery plan and the MOA, if applicable.

Facsimiles of reports will not be accepted by MDAH-SHPO. In addition, all reports submitted to MDAH-SHPO are subject to peer review prior to approval and clearance. Furthermore, all final reports submitted to MDAH-SHPO for review should adhere to the guidelines listed below or be subject to hold and/or rejection. Whenever it is impossible to follow any guideline, an explanation should be provided in the report.

3. Phase I – Cultural Resources Survey:

a. Reports must be in narrative form and fully address the questions proposed in the research design.

b.Reports must be submitted on acid free paper.

c. Reports must provide survey commencement and termination dates, as well as specify actual number of days in the field.

d.Reports must provide number of personnel that participated in field work and lab analysis.

e. Reports must provide descriptions of field conditions, such as visibility, for both underwater and terrestrial archaeological investigations.

f. Reports must provide total number of hectares (acres) surveyed.

g.Reports must provide discussion of field methods and results explicitly addressing negative as well as positive findings.

h.Reports must include clear copies of relevant sections of 7.5’ USGS topographic quadrangle maps with the precise locations and boundaries of areas surveyed and sites discovered prior to and during the course of the survey indicated thereon. This map must be clearly labeled with the quadrangle name. Any possible pre-World War II standing structures located in the project area during the survey must be reported and their locations indicated on the appropriate 7.5’ USGS topographic quadrangles. A completed Historic Resources Inventory (e.g., standing structure, monument, bridge) form, including photograph, for each such resource must be submitted as part of the report. Forms can be obtained by writing the:

Architectural History Section Mississippi Department of Archives and History P.O. Box 571 Jackson, Mississippi, 39205-0571 or phoning 601-359-6940.

i. Use assigned state site number/s (trinomials) when referring to archaeological sites in the report. A completed or updated state archaeological site form for each site must be submitted as part of the report. Archaeological site cards can be obtained by writing the:

Archaeology Section Mississippi Department of Archives and History P.O. Box 571 Jackson, MS 39205-0571 or phoning 601-359-6940.

Site forms may be submitted to SHPO prior to report preparation for number assignation.

j. Descriptions of archaeological sites must include sufficient information on location, setting, extent (length, width, depth, etc.), regional chronological positions and cultural affiliations (when possible), intact deposits encountered, degree and types of disturbances observed, to evaluate whether additional investigation is warranted to determine their National Register eligibility. A statement should be made on how further

investigations of the site could lead to a better understanding of the area’s past.

k.All newly located and previously recorded sites investigated/revisited during the survey, that are recommended for additional investigations should be illustrated in the report by means of a sketch map/plan with northing arrow and scale, showing topographic features and any identifiable permanent landmarks, as well as the spatial relationship to the project. The spacing of transects and shovel tests (both positive and negative) should also be noted on these maps.

l. Reports pertaining to underwater research must also include: a post-plot map illustrating the actual track of the survey vessel; position and contour map of all magnetic targets of interest; examples of pertinent side-scan sonar and bathymetric/fathometer records; and a table providing information on the location and characteristics of each target of interest with recommended treatments.

m. Classify artifactual remains using existing regional typologies as applicable. In addition, the report must include a tabulation of all artifacts and archaeobotanical and zooarchaeological remains collected from the site.

n.Illustrate recovered diagnostic artifacts or an appropriate sample.

o.Archaeologists should express opinions as to the nature of each site— village, quarry, hunting camp, extinct town, etc.,—and how this opinion was formed. If such a determination cannot be made, an explanation for the lack of determination should be included in the report.

p.Archaeologists must evaluate the effects of the project on each site identified.

q.Archaeologists should suggest alternatives or steps to avoid or mitigate effects to any potentially eligible or eligible National Register site/s that will be affected by the project.

r. The report must be signed and should include the addresses (postal and email, if applicable) and telephone numbers of the principal investigator and field director/s.

4. Phase II – Archaeological Testing:

a. Reports should be in narrative form and fully address the questions proposed in the research design.

b.Reports must be submitted on acid free paper.

c. Reports must provide testing commencement and termination dates, as well as specify actual number of days in the field.

d.Reports must provide number of personnel that participated in the field work and lab analysis.

e. Reports must provide the percentage of the archaeological property tested, as well as a justification for the sampling strategy.

f. Reports must provide discussion of field methods and results explicitly addressing negative as well as positive findings.

g.In addition to including 7.5’ USGS topographic maps showing location of testing, reports must also include a large scale topographic map of the site with all controlled surface collection, shovel test, excavation unit, backhoe trench, and other investigative method locations portrayed in relation to permanent datum. A variety of other maps may also be required if conducting underwater research (e.g., magnetic).

h.Reports must include plan and profile illustrations for all test excavation units and features encountered.

i. Use assigned state site number/s (trinomials) when referring to archaeological sites in the report.

j. Classify artifactual remains using existing regional typologies as applicable. In addition, the report must include a tabulation (counts and weights, as applicable) of all artifacts and archaeobotanical and zooarchaeological remains collected from the site.

k.Archaeologists should provide detailed information about the nature of the components represented at site—village, quarry, hunting camp, extinct town, etc.,—state how this opinion was formed, and provide regional cultural designations and chronological positions for encountered deposits and the site as a whole.

l. Archaeologists must provide a determination concerning the significance of the site (i.e., is it eligible for the National Register) and whether the site merits preservation. Provide rationale and justification for this determination, as well as explain how the site meets the National Register criteria (e.g. Bulletin 20: Nominating Historic Vessels and Shipwrecks to the National Register of Historic Places).

m. Archaeologists must evaluate the effect of the project on each site tested.

n.Archaeologists should justify all suggested mitigation measures. If data recovery investigations are recommended, a research design should be provided detailing specific research questions to be addressed, along with citations of relevant literature supporting the importance of these questions to the current body of anthropological knowledge. However, if the site/s under consideration are determined ineligible, reasons supporting this conclusion should also be included.

o.The report must be signed and should include the addresses (postal and email, if applicable) and telephone numbers of the principal investigator and field director/s.

5. Phase III – Mitigation:

a. Reports must present in detail the investigative methods employed.

b.Reports must be in narrative form and fully address the questions proposed in the research design.

c. Reports must be written on acid free paper

d.Reports must provide mitigation commencement and termination dates, as well as actual days spent in the field.

e. Reports must provide the number of personnel that participated in the field work and lab analysis.

f. Reports must provide the percentage of the archaeological property mitigated, as well as a justification for this percentage (e.g., Was only a section of the site adversely affected?).

g.Reports must provide discussion of field methods and results explicitly addressing negative as well as positive findings.

h.In addition to including 7.5’ USGS topographic maps showing location of mitigation, reports must include a large scale topographic (or magnetic, for example, if research pertains to submerged resources) map of the site with all excavation/sampling units portrayed.

i. Use the assigned state site number/s (trinomials) when referring to archaeological sites in the report.

j. Classify artifactual remains using existing regional typologies as applicable. In addition, the report must include a tabulation (counts and weights, as applicable) of all artifacts and archaeobotanical and zooarchaeological remains collected from the site.

k.Archaeologists should provide detailed information about the nature of the site—village, quarry, hunting camp, extinct town, logging schooner, etc.,—state how this opinion was formed and provide regional cultural designations and chronological positions for encountered deposits and the site as a whole.

l. Archaeologists should provide the rationale for the mitigation project. All research questions should be answered in specific detail, along with citations of relevant literature supporting the importance of these questions and their results to the current body of anthropological knowledge.

m. The report must be signed and should include the addresses (postal and email, if applicable) and telephone numbers of the principal investigator and field director/s.

G. Example Report Outline for Phase I, II, and III Investigations:

1. Title Page (e.g., title; author/s; organization, agency and/or client; contract number; date of report completion)

2. Management Summary

3. Table of Contents

4. Introduction (e.g., project purpose and goals, such as a summary of the scope of work, including applicable regulations or permits as known; project administration and contracting agency; general description, including location, number of person days in the field, and project conditions or constraints).

5. Background Research (e.g., environmental setting; summary of paleoenvironment and present climate and vegetation conditions; past and present land uses and current conditions; overview of prehistoric and historic (including navigation history, if applicable) cultural history, of the local project area, including project specific site; review of known sites, previous investigations and research in the project area and vicinity, and information provided by local collectors; primary documentary research for the project area, including historic maps, deeds, or other pertinent information). This section should provide the context for research questions, survey methods, site evaluations and further recommendations.

6. Research Design (e.g., research objectives and theoretical context, using the historic contexts outlined in the State’s Historic Contexts Document and other relevant references; specific research problems or questions; methods to be employed to address these research objectives and questions; a discussion of the expected results, including hypotheses to be tested as part of the current investigation).

7. Methods (e.g., description of field and laboratory methods employed, including rationale, discussion of biases, problems or obstacles encountered, as applicable; an estimated percentage of total project area investigated, with discussion of sampling design and rationale; discussion of changes made during fieldwork from the stated methods and the rationale for these changes).

8. Field Results (e.g., clear description of all areas investigated, including those where resources were not recovered or observed; discussion of soils and stratigraphy, including areas and types of disturbance, if applicable; site topography and stratigraphy, size, noted structures or features, and artifact types and density; maps, figures, and original photographs of test locations, features, and soil profiles, as needed; original photographs of individual standing building and photographs of streetscapes, if applicable).

9. Artifact Analysis (e.g., detailed descriptions and results of analyses used; original photographs or drawings of selected or representative artifacts, including scale; a complete inventory of artifacts by provenience and class should be included; tables or other summary information; identification of the final artifact collection and project notes repository).

10. Interpretations/Conclusions (e.g., discussion of the results in terms of the background cultural context, research design and goals, and stated research problems; discussion of constraints and reliability of methods; discussion of future potential research problems based on results and conclusions; and assessment on whether further work should be conducted at the site).

11. Recommendations (e.g., a statement on whether the site is eligible for inclusion in the National Register of Historic Places?).

Conclusions: This document provides basic guidelines for conducting and reporting Phase I, II, and III archaeological investigations in Mississippi. However, it is important to remember that this document will be subject to modification as times goes by. As cultural resource management laws and regulations, archaeological theory and techniques, as well as the public’s attitude toward cultural resources change, the document itself will evolve to reflect these changes. For now, however, it is hoped these guidelines will assist archaeologists and agency administrators in developing research designs capable of retrieving sufficient amounts of data

that will address the identification and evaluation of cultural resources and the development and implementation of appropriate mitigation proposals.

Acknowledgements: Although this document relies heavily upon currently available archaeological methodologies, literature, and legislation, it could not have been completed without the participation of the state’s professional community. Many provided comments, suggestions, and support during the drafting of these guidelines to which I am very grateful. In particular, I would like to thank MDAH-SHPO staff archaeologists Sam McGahey, Keith Baca, and John Connaway, as well as review and compliance officer Roger Walker for reviewing and commenting on numerous drafts. Special thanks go to Tad Britt, Steve James, and Charles Pearson for providing invaluable information and insights on the world of underwater archaeology. Others providing critical commentary include Phil Carr, John O’Hear, Melissa Reams, and David Fant, all part of a special Mississippi Association of Professional Archaeologists sub-committee, as well as Elizabeth Boggess, Joseph Giliberti, Cliff Jenkins, David Kelley, Robert Lafferty, James Lauro, Baxter Mann, Evan Peacock, Janet Rafferty, Nancy Ross-Stallings, Richard Stallings and Mary Evelyn Starr. Without participation from these professionals: academicians, governmental officials, and contractors alike, development and compilation of these guidelines could not have been possible.

References. Advisory Council on Historic Preservation 1980 Treatment of Archeological Properties: A Handbook. Advisory Council on Historic Preservation, Washington, D.C.

History

• Source: Miss. Code §§ 39-7-1, 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 3, R. 1986 Rule 1986

Working with Section 106: Section 106, Step-by-Step. Advisory Council on Historic Preservation, Washington, D.C.

16 Miss. Admin. Code Pt. 3, R. 1989 Rule 1989

Working with Section 106: Preparing Agreement Documents. Advisory Council on Historic Preservation, Washington, D.C.

Alabama Historical Commission 1996 Alabama Historical Commission Policy for Archaeological Survey and Testing in Alabama. Manuscript on file at the Alabama Historical Commission, Alabama State Historic Preservation Office, Montgomery.

Anderson, Richard K. 1988 Guidelines for Recording Historic Ships. National Park Service, U.S. Department of the Interior, Washington, D.C.

Ashmore, Wendy and Robert J. Sharer 1988 Discovering Our Past: A Brief Introduction to Archaeology. Mayfield Publishing Company, Mountain View, California.

Bense, Judith A., Hester A. Davis, Lorraine Heartfield, and Kathleen Deagan 1986 Standards and Guidelines for Quality Control in Archaeological Resource Management in the Southeastern United States. Southeastern Archaeology 5(1):56-62.

Bruce, Kevin, Philip Carr, Cliff Jenkins, and Bruce Gray 1998 Request for Proposals: Phase II Testing of Archaeological Sites 22Lw616, 22Lw617, 22Lw618, 22Lw619, 22Lw620, 22Lw621, and 22Lw622, in Conjunction with the Proposed Widening and Realigning of U.S. Highway 84 from the East end of the Monticello Bypass to the Lincoln/Lawrence County line, in Lawrence County, Mississippi (MDOT Project No. 97-0015- 01-077-10). Manuscript on file at the Mississippi Department of Transportation, Archaeology Section, Jackson.

Carr, Philip, Cliff Jenkins, Kevin Bruce, and Bruce Gray 1998 Request for Proposals: Phase III Mitigation of Archaeological Site 22Ok973, in Conjunction with the Proposed Four-Laning of Mississippi Highway 25, Oktibbeha County, Mississippi. Manuscript on file at the Mississippi Department of Transportation, Archaeology Section, Jackson.

Davis, Hester A., editor. 1982 A State Plan for the Conservation of Archeological Resources in Arkansas. Arkansas Archeological Survey Research Series 21.

Georgia State Historic Preservation Office 1993 Archaeological Assessment Report Guidelines and Components. Manuscript on file at the Department of Natural Resources, Historic Preservation Division, State Historic Preservation Office, Atlanta.

Harper, Herbert L. and Nick Fielder 1995 Tennessee SHPO Standards and Guidelines for Archaeological Resource Management Studies. Manuscript on file at the Tennessee Historical Commission, Nashville.

Jackson, H. Edwin n.d. University of Southern Mississippi’s 1991 Archaeology Field School: Field and Laboratory Procedures. Manuscript on file at The University of Southern Mississippi, Hattiesburg.

Kentucky State Historic Preservation Office 1990 Specifications for Archaeological Fieldwork and Assessment Reports. Manuscript on file at the Kentucky State Historic Preservation Office, Kentucky Heritage Council, Frankfurt. King, Thomas F. 1978 The Archeological Survey: Methods and Uses. Heritage Conservation and Recreation Service, U.S. Department of the Interior, Washington D.C.

16 Miss. Admin. Code Pt. 3, R. 1998 Rule 1998

Cultural Resource Laws & Practice, an Introductory Guide. AltaMira Press, Walnut Creek, California.

McGahey, Samuel O. n.d. State of Mississippi Guidelines for Cultural Resource Survey Reports. Revised 1988, 1989, 1990, 1993, 1994, 1995, 1996, and 1998. Manuscript on file at the Mississippi Department of Archives and History, Jackson.

Moore, James M. 1996 Request for Proposals: Phase I Archaeological Survey. Proposed Improvements to Walker Springs Road/Gallaher View Road, from North of Interstate 40 to State Route 169 in Knoxville, Knox County, Tennessee. Manuscript on file at the Tennessee Department of Transportation, Nashville.

16 Miss. Admin. Code Pt. 3, R. 1996 Rule 1996

Request for Proposals: Phase II Testing of Archaeological Sites 40Sl185, 40Sl187, and 40Sl192, Sullivan County. In Conjunction with the Proposed Improvements Proposed State Route 93 (South Wilcox Drive) from South of SR-347 to South Gaylemont Drive in Sullivan Gardens, Sullivan County, Tennessee. Manuscript on file at the Tennessee Department of Transportation, Nashville.

New Jersey State Historic Preservation Office 1990 Guidelines for the Preparation of Cultural Resources Management Archaeological Reports Submitted to the Office of New Jersey Heritage. Manuscript on file at the Department of Environmental Protection, Division of Parks and Forestry, Office of New Jersey Heritage, Trenton.

North Carolina State Historic Preservation Office 1982 Guidelines for the Preparation of Reports of Archeological Surveys and Evaluations. Manuscript on file at the North Carolina Archeology and Historic Preservation Section, Division of Archives and History, Department of Cultural Resources, Raleigh.

Pennsylvania Historical and Museum Commission 1991 Cultural Resource Management in Pennsylvania: Guidelines for Archaeological Investigations. Manuscript on file at the Bureau for Historic Preservation, Pennsylvania Historical and Museum Commission, Harrisburg.

Prentice, Guy 1991 Field Procedures Manual for the Big South Fork River and Recreation Area Archaeological Resource Survey Project 1991 Field Season. Manuscript on file at the Southeast Archaeological Center, National Park Service, Tallahassee, Florida.

Schiffer, Michael B. and George J. Gumerman 1977 Conservation Archaeology: A Guide for Cultural Resource Management Studies. Academic Press, Inc., New York.

South Carolina State Historic Preservation Office n.d. Guidelines and Standards for Archaeological Investigations. Manuscript on file at the State Historic Preservation Office, Review and Compliance Branch, South Carolina Department of Archives and History, Columbia.

Tennessee Division of Archaeology

16 Miss. Admin. Code Pt. 3, R. 1997 Rule 1997

Standards and Guidelines for Archaeological Permit Application. Manuscript on file at the Tennessee Department of Environment and Conservation, Division of Archaeology, Nashville.

Texas Historical Commission 1995 A Guide to Archeological Survey Standards for Texas: Draft for CTA Review. Document Prepared by the Department of Antiquities Protection, Texas Historical Commission, Austin.

Thomas, David Hurst 1989 Archaeology. 2nd Edition. Holt, Rinehart and Winston, Inc., Fort Worth, Texas.

United States Army Corps of Engineers. 1998 Scope of Work for Limited Survey and National Register of Historic Places Eligibility Evaluations of all Bridges, Structures and Targets 4-6, 4-7, 4-11, 4-12, 4-15, and 4-16 Located within Item 4 of the Upper Yazoo Projects, LeFlore County, Mississippi. Vicksburg District.

United States Congress, Office of Technology Assessment 1987 Technologies for Underwater Archaeology and Maritime Preservation—Background Paper, OTA-BP-E-37. U.S. Government Printing Office, Washington D.C.

Mississippi Historic Preservation Grants Guide for Survey, Planning, Pre-Development and Development Activities. REPEALED. Effective 10/16/2009.

Mississippi Historic Preservation Professional Review Board Bylaws. REPEALED. Effective 10/16/2009.

Guidelines for Archaeological Investigations and Reports in Mississippi. REPEALED. Effective 10/16/2009.

Procedure for amending grant projects scopes of work, provided amendments don’t affect allocated funds amounts. REPEALED. Effective 10/16/2009.

Guidelines for Section 106 Reviews of Cellular Tower Sites. REPEALED. Effective 10/16/2009.

Policy prohibiting staff archaeologists from conducting private surveys. REPEALED. Effective 10/16/2009.

Certified Local Government Guidelines and Regulations Amendment: include churches as potential applicants. REPEALED. Effective 10/16/2009.

Certified Local Government Program Regulations. REPEALED. Effective 10/16/2009.

Mississippi Historic Preservation Professional Review Board Guidelines. REPEALED. Effective 10/16/2009.

Policy on the Preparation of National Register nominations by Department staff members on a consultant basis. REPEALED. Effective 10/16/2009.

Reinstatement of the state historical marker program, including steps to improve the program’s efficiency. REPEALED. Effective 10/16/2009.

Part 4 Part 4: Historic Properties Division

16 Miss. Admin. Code Pt. 4 Part 4: Historic Properties Division

1

Title 16: History, Humanities and Arts Part 4: Historic Properties Division Part 4 Chapter 1: Collections Policy for the Grand Village of the Natchez Indians (Adopted by the Board of Trustees on April 17, 2009)

Repealed

Part 4 Chapter 2: Regulations for Winterville Mounds. (Adopted by the Board of Trustees on October 10, 2003) Moved to Part 5 Chapter 13 Rule 13.1

Part 4 Chapter 3: Collections Policy for Winterville Mounds (Adopted by the Board of Trustees on January 17, 2003)

Repealed

Part 4 Chapter 4: Historic Jefferson College Facilities and Grounds Group Use Policy. (Adopted by the Board of Trustees on January 21, 2011) Repealed

Part 4 Chapter 5: Historic Jefferson College Wedding Policy. (Adopted by the Board of Trustees on January 23, 2004) Repealed

Part 4 Chapter 6: Historic Jefferson College Policy for Leasing the President’s House.

Repealed

Part 4 Chapter 7: Criteria for Property Acquisition for Unsolicited Donations. (Adopted by the Board of Trustees on October 21, 2005)

Moved to Part 5 Chapter 14 Rule 14.1

Grand Village of the Natchez Indians Powwow fee increases. REPEALED. Effective 10/16/2009

Winterville Mounds Museum Shop Policies and Management Procedures. REPEALED. Effective 10/16/2009.

2

Grand Village of the Natchez Indians Emergency Evacuation Procedures and Disaster Plan and Long-Range Plan. REPEALED. Effective 10/16/2009.

Grand Village of the Natchez Indians ground open to public daily from dawn until dusk. REPEALED. Effective 10/16/2009.

Collections Policies and Procedures Manual for Historic Jefferson College. REPEALED. Effective 10/16/2009.

Grand Village of the Natchez Indians Collections Policy (included Sales Shop Policies and Management Procedures). REPEALED. Effective 10/16/2009.

Grand Village of the Natchez Indians Public Use Regulations Amendments: hours of operation and allowance of pets on the grounds. REPEALED. Effective 10/16/2009. Grand Village of the Natchez Indians Public Use Regulations Amendments: hours of operation. REPEALED. Effective 10/16/2009.

Grand Village of the Natchez Indians Regulations Amendment to allow fires in grills provided on the grounds. REPEALED. Effective 10/16/2009.

Part 5 Museum Division

Chapter 2 Old Capitol Museum Event Rental Policy (Adopted by the Board of Trustees on June 20, 2006; Amended July 25, 2008, October 16, 2009, January 18, 2013, July 15, 2016, July 20, 2018, January 22, 2021)

16 Miss. Admin. Code Pt. 5, R. 2.1 Event Rental

The House of Representatives, Chancery Court (receptions only), and William Nichols (meeting) Room in the Old Capitol Museum are available for rental by organizations/businesses. The Old Capitol Museum will not be available to individuals acting on their own. Since the Chancery Court is a public area, receptions that occur there during regular operating hours must be open to the general public.

A. Application: An organization must complete an application (and may be asked to supply bylaws and/or constitution) to rent space in the Old Capitol Museum. The Event Rental Committee— consisting of the museum director, Museum Division events manager, and MDAH sites administrator—must review and approve all requests. Applications should be submitted electronically using the web form on the MDAH website a minimum of sixty (60) calendar days prior to the event. Requests for a shorter timeframe may be denied.

B. Contract /Security Deposit:

Event reservations are confirmed once the signed contract and the security deposit have been received by the Museum Division events manager. The security deposit will be refunded after the event and the rented area is returned to its original state. Contracts are valid for fifteen (15) days after issue date.

C. Rental Fees: The fee schedule listed on the application has been approved by the MDAH Board of Trustees. Sales tax does apply to all fees. If an organization is exempt from paying sales tax, a copy of the Letter Ruling from the Mississippi Department of Revenue must be submitted with payment (Miss. Code §§ 27-65-111). Other state agencies or organizations that are prohibited by state law from paying fees to MDAH are limited to using the facility only during regular weekday operating hours.

Rental fees are invoiced at the time the contract is issued and are due in full thirty (30) calendar days prior to the event. A purchase order is acceptable. The event reservation will be cancelled if payment is not received by the due date. The User will be notified of the cancellation and the security deposit will not be refunded.

If the security deposit is paid by credit card, the same card must be used for the rental fee. If the security deposit is paid by check, a credit card may be used for the rental fee. A purchase order is an acceptable form of payment.

D. Cancellation: If the User sends written notice of cancellation and it is received by the Old Capitol Museum more than thirty (30) calendar days prior to the scheduled event, the User will receive a refund of 75% of the total. Cancellations fewer than 30 working days prior to the event will result in the forfeit of all fees paid.

The Old Capitol Museum reserves the right to cancel an event if the facility is rendered unsuitable due to unforeseen circumstances, and the User will receive a full refund.

E. Public Access: a. The Old Capitol Museum is open to the public free of charge. b. Daytime events may be held during regular operating hours: 9 a.m. to 4 p.m., Tuesday through Friday. c. The Old Capitol Museum is CLOSED on Mondays. d. After hour events may be held Tuesday – Friday, 5 – 9 p.m. and on Saturday 9 a.m. – 9 p.m. e. The Old Capitol Museum is closed on most state holidays. f. The Old Capitol Museum is handicapped accessible. Source: Miss. Code §§ 25- 659-1, 39-5-1 (1972, as amended).

16 Miss. Admin. Code Pt. 5, R. 2.2 Event Arrangements

A. Room Selection: The User may indicate room preference in the application. The room selection will be stated on the contract. Once the contract is signed and returned, the room selection cannot be changed. User shall not exceed maximum occupancy per fire code. Refer to application for maximum

occupancy per area. The Old Capitol Museum reserves the right to remove event participants and/or cancel an event at any time if maximum capacity for the selected room exceeds fire code.

B. Approved Vendors: All rentals, floral arrangements, decorations, music, and contracted services must be approved by the Old Capitol Museum Event Rental Committee. The User must supply a copy of the vendor’s articles of incorporation and business permit to the Museum Division events manager prior to the event.

C. Catering: Food and beverages are allowed for receptions in the Chancery Court and must be prepared by a professional caterer or restaurant. Only with the approval of the Event Rental Committee are food and beverages allowed elsewhere on the first floor of the museum. No food and beverages are allowed in any of the exhibit areas.

Menus must be submitted to the Museum Division events manager and approved at least ten (10) working days prior to event. User must supply any/all necessary utensils, dinnerware, table decorations, service equipment, food, and beverages. The Caterer or User must provide all labor for the event. The designated area must be returned to its original condition after the event, with all trash removed offsite by the end time designated on the application.

D. Alcohol: Anytime alcohol is served, whether sold or distributed freely, a proper permit from the Division of Revenue’s Alcohol Beverage Control (ABC) Division must be acquired. The User is responsible for obtaining alcohol permit and a copy to the Museum Division events manager prior to the event. Beer and low-alcohol content wines require one type of permit while wines and liquors require a separate permit. Permits can be for a one-time use or for a longer period of time. The permit holder then is responsible for distributing the alcohol and must take on the responsibilities of being insured and checking identification. (Miss. Code §§ 63-3-15, 67-3-25)

E. Decorations: Set up and decoration plans must be submitted in writing and approved by the Event Rental Committee before an event rental contract will be issued to the User.

The Event Rental Committee or a designee must be present during the event set up.

No changes—such as the movement of exhibits, the opening of blinds and curtains, etc. — may be made to the Old Capitol Museum without approval. If approved, the Event Rental Committee will make the requested adjustment.

Floral arrangements brought into the museum must come from a professional florist or nursery and must be approved by the Event Rental Committee ten (10) days prior to the event. These floral arrangements must be completely arranged and ready for placement. No member of the host organization is permitted to arrange flowers on site.

Open flames (candles, torches, oil lamps, sparklers, etc.) are not permitted. Battery operated candles are allowed. Glitter is prohibited in any form. Confetti, rose petals, and dry rice are

prohibited. Bubbles, dry ice, and smoke machines may be used outdoors only.

Free-standing signs may be placed in the museum with prior approval of content and location. No decorations or signs may be adhered to walls, doors, exhibits, windows, or any part of the building. Any power cords must be thoroughly taped down with “gaffer” tape provided by the Museum Division events manager.

All decorations must be removed at the conclusion of the event by the end time stated on the contract. Any items left behind shall be disposed of at the discretion of the Event Rental Committee.

F. Equipment: The Old Capitol Museum charges a rental fee for black tablecloths, tables, chairs, and a public address system in the House Chamber. Electronic equipment is not available. Trash receptacles are available on request for use inside the museum only. Last minute requests for additional equipment cannot be guaranteed. Additional charges may apply.

Outside rental equipment is permitted. An outside rental fee may be applied. User may bring in other equipment with approval ten working days prior to event by Museum. The Old Capitol Museum is not responsible for any damages to equipment rented from an outside vendor. The User is responsible for all damages to equipment rented from the Old Capitol Museum.

G. Music / Other Entertainment: Music or other entertainment must be approved by the Old Capitol Museum Event Rental Committee at least ten (10) working days prior to event. The request must be submitted in writing.

H. Parking: Free parking is located behind the Old Capitol Museum. Handicapped parking is available on the upper level. Any special parking requests, including reserved parking, must be submitted to the Museum Division events manager at least ten (10) working days before the event.

I. Security After hours events must have security. No outside security is permitted without written approval from Capitol Police. Capitol Police will be on duty during regular operational hours of the Old Capitol Museum. For any events, held before or after hours, it is the responsibility of the User to pay for security.

When an Old Capitol Museum contract for an after hours event is issued, Capitol Police will be copied on the contract. Capitol Police are responsible for invoicing the User and payment will be made directly to the Office of the Capitol Police. MDAH is prohibited by law to transfer funds to Capitol Police.

J. Setup & Removal Users may set up one hour before the scheduled event and must return the designated area to its original state within one hour after the event unless other arrangements have been made in advance and approved by the Old Capitol Event Rental Committee. Events starting prior to 9:00 a.m. must be set up the day before, between 4 and 5 p.m. Any use of the building prior to the designated meeting time must be approved. The User and vendors should use the rear

North entrance, unless permission is given to use the front entrance.

K. Damage/Liability Coverage: The User is responsible for any breakage or damage and associated repair costs to the Old Capitol Museum, its furnishings, or grounds. Old Capitol Museum staff will obtain estimates and supervise all repairs.

Since the Old Capitol Museum is administered by the Mississippi Department of Archives and History, a state agency, the User has liability coverage pursuant to Miss. Code §§ 11-46- 1 et seq.

L. Videotaping/ Filming/ Photography: Videotaping, filming, and/or photography may be made for personal use only.

Any commercial or professional videotaping, filming, and/or photography requires approval by the Museum Division director or the MDAH director. If approved, a Commercial Filming/Photography Contract will be issued to the User and applicable fees will be charged. A complimentary copy of the media or print must be provided to the Old Capitol Museum. Any type of commercial recording of the Old Capitol Museum exhibits, artifacts, and collections is strictly prohibited without a signed Commercial Filming/Photography Contract.

M. Restrictions: a. The Old Capitol Museum is a smoke-free facility (Miss. Code §§ 29-5-161 (1972, as amended). No smoking is permitted. b. No weapons are allowed in the building. c. Only service animals are allowed in the building. d. User shall conduct the event in an orderly manner and in full compliance with all applicable laws, rules, and regulations. The Old Capitol Museum reserves the right to conclude any event at any time due to inappropriate or undesirable behavior by the User or the User’s guests as determined by the Old Capitol Museum staff. e. In order to prevent the appearance of the Old Capitol Museum endorsing a particular cause or event, Users may be asked to include the disclaimer on all forms of advertising starting, "The Old Capitol Museum does not sponsor or endorse this event.” f. As a state agency (established by Miss. Code Ann. § 37-33-153 ) MDAH is not allowed by law to charge for services (per Miss. Code Ann. § 27-104-203 ) to other state agencies during regular operating hours (per Old Capitol Event Rental Policy 2.1.E). A state agency may hold an event at the museum one (1) time per quarter with a total of four (4) events per agency per year. State agencies using the facility free of charge are limited to one (1) of the following spaces: the classroom or House Chamber. Rooms must stay in original setup.

History

• Source: Miss. Code §§ 25-59-1, 39-5-1, 29-5-161 (1972, as amended).

Chapter 3 Mississippi Hall of Fame Portrait Guidelines (Adopted by the Board of Trustees on October 6, 1958, Amended December 10, 1976, July 18, 1986, and October 16, 2009)

16 Miss. Admin. Code Pt. 5, R. 3.1 Hall of Fame Portrait Guidelines

A. The Board of Trustees of the Department of Archives and History reserves the right to approve the quality of artwork in portraits for the Mississippi Hall of Fame.

B. The Department director, the Museum Division director, and the Museum Division director of collections will invite the artist to visit the Old Capitol to view the portraits that presently hang in the Hall of Fame. The artist may be requested to present examples of portraits that he or she has painted. A copy of the artist’s portfolio is required for placement on file for reference and research purposes.

C. The artist who is selected to paint the Hall of Fame portrait should confer with the Department director, the Museum Division director, and the Museum Division director of collections prior to beginning work on the portrait. The Department director, the Museum Division director, and the Museum Division director of collections will approve a preliminary sketch or concept as necessary.

D. Only oil portraits on oil primed linen canvas will be accepted for inclusion in the Hall of Fame.

E. The dimensions of the portrait and frame should not exceed 35" x 40". Although the portraits currently hanging in the Hall of Fame vary in size from approximately 27" x 31" to approximately 40" x 60", it has become necessary to restrict the size of future additions to the Hall of Fame due to limited wall space available for hanging.

F. Additional specifications address the following:

1. Stretcher support—The painting should always be on a stretcher capable of being keyed out, not a rigid strainer. Paintings larger than three feet should have a cross bar for additional support.

2. Tacking and stapling—The canvas should be well tacked to the stretcher. If staples are used, the staples should be heavy duty and placed at frequent intervals, no greater than an inch apart.

3. Future conservation—There should be an inch of canvas extending past the edge of the stretcher. This will enable the painting to be tightened on the stretcher if it should be necessary.

4. Framing—Since future damage to the paint film can be caused by accidental blows to the reverse of the canvas, the painting should be backed with at least a piece of "foamcore" board.

5. Varnishing—After an appropriate drying period, the painting should be varnished.

G. The artist will be responsible for selecting a frame for the portrait that will be compatible with the portrait and the frames for other portraits in the Hall of Fame. The artist should discuss the selection of the frame with the Department director, the Museum Division director, and the Museum Division director of collections. Brass plates identifying the subject are not permitted.

H. Once the portrait is completed, it should be presented to the Department director, the Museum Division director, and the Museum Division director of collections for review and approval. After approval, the donor will be given a Deed of Gift form to transfer the portrait to the collection of the Museum of Mississippi History.

I. The Department of Archives and History will be responsible for arranging a ceremony for the presentation of the portrait. This ceremony is customarily held in the House of Representatives, Old Capitol. In planning the ceremony, the Department will confer with the family of the individual whose portrait is being presented and/or the sponsors of the portrait.

The Department of Archives and History is responsible for the production and costs for printed program, invitations, and mailings.

J. The family or other private sponsors may wish to host a reception following the presentation ceremony. The cost of the reception is underwritten by the host and will vary depending on the number of guests expected and the elaborateness of the event. The host must comply with the Old Capitol Museum’s facility use policies.

K. The Department of Archives and History will be responsible for selecting the site where the portrait will hang in the Old Capitol and reserves the right to change the location of portraits in the future if space and exhibit needs warrant such changes.

History

• Source: Miss. Code §§ 25-59-1, 39-5-1 (1972, as amended).

Chapter 4 Hall of Governors Portrait Guidelines (Adopted by the Board of Trustees on October 16, 2009)

16 Miss. Admin. Code Pt. 5, R. 4.1 Hall of Governors Portrait Guidelines

A. Since these portraits are accessioned into the collections of the Museum of Mississippi History, the Board of Trustees of the Mississippi Department of Archives and History reserves the right to approve the quality of artwork in portraits for the Hall of Governors.

B. The Department director, the Museum Division director, and the Museum Division director of collections will invite the artist to visit the State Capitol to view the portraits that presently hang there. The artist may be requested to present examples of portraits that he or she has painted. A copy of the artist’s portfolio is required for placement on file for reference and research purposes.

C. The artist who is selected to paint a Hall of Governors portrait should confer with the Department director, the Museum Division director, and the Museum Division director of collections prior to beginning work on the portrait. The Department director, the Museum Division director, and the Museum Division director of collections will approve a preliminary sketch or concept as necessary.

D. Only oil portraits on oil primed linen canvas will be accepted for inclusion in the Hall of Governors.

E. The dimensions of the portrait and frame should not exceed 45” x 34.” The size specifications are directly related to the wall space available.

F. Additional specifications address the following:

1. Stretcher support—The painting should always be on a stretcher capable of being keyed out, not a rigid strainer. Paintings larger than three feet should have a cross bar for additional support.

2. Tacking and stapling—The canvas should be well tacked to the stretcher. If staples are used, the staples should be heavy duty and placed at frequent intervals, no greater than an inch apart.

3. Future conservation—There should be an inch of canvas extending past the edge of the stretcher. This will enable the painting to be tightened on the stretcher if it should be necessary.

4. Framing—Since future damage to the paint film can be caused by accidental blows to the reverse of the canvas, the painting should be backed with at least a piece of "foamcore" board.

5. Varnishing—After an appropriate drying period, the painting should be varnished.

G. The artist will be responsible for selecting a frame for the portrait that will be compatible with the portrait and the frames for other portraits in the Hall of Governors. The artist will be responsible for affixing to the frame a brass plate with concave corners secured with two brass screws (one at each end of the plate). The brass plate should be no larger than 5” x 1” and no smaller than 3” x 5/8”. The plate shall contain two lines, the name of the governor (in black capitol lettering) and the dates the governor served in office. The plate is to be affixed at the bottom center of the frame. The artist should discuss the selection of the frame with the Department director, the Museum Division director, and the Museum Division director of collections.

H. Once the portrait is completed, it should be presented to the Department director, the Museum Division director, and the Museum Division director of collections for review and approval. After approval, the donor will be given a Deed of Gift form to transfer the portrait to the collection of the Museum of Mississippi History.

I. The Department of Archives and History will be responsible for arranging a ceremony for the presentation of the portrait. This ceremony is customarily held in the State Capitol. In planning the ceremony, the Department will confer with the governor whose portrait is being presented and/or the sponsors of the portrait.

J. The family or other private sponsors may wish to host a reception following the presentation ceremony. The cost of the reception is underwritten by the host and will vary depending on the number of guests expected and the elaborateness of the event.

K. The Department of Archives and History will be responsible for selecting the site where the portrait will hang in the State Capitol and reserves the right to change the location of portraits in the future if space needs warrant such changes.

History

• Source: Miss. Code §§ 25-59-1, 39-5-1 (1972, as amended).

Chapter 7 Manship House Museum Facility Use Policies (Approved by the Board of Trustees on July 9, 1982; Amended October 19, 1990 and October 16, 2009)

16 Miss. Admin. Code Pt. 5, R. 7.1 Facility Rental

A. The grounds of the Manship House Museum and a small meeting room in the Visitors Center have been designated as areas for public events and for limited use by an organization. These areas are available for an established use fee to such organizations only during official visitation hours.

The following uses will not be permitted:

1. Private individuals acting on their own

2. Political candidates, political parties, or political events intended to promote the election of specific candidates

3. Weddings, wedding receptions, debutante balls, and similar events other than those benefiting Museum

B. Application:

An organization must complete an application (and may be asked to supply bylaws and/or constitution) to use space at the Manship House Museum. The Facility Use Review Committee (composed of the Branch Director, the Education Coordinator, and the Collections Manager) must approve all requests.

C. Contract/Reservations:

Once the Museum has approved the application, the applicant must sign a contract and pay necessary fees before the reservation is confirmed.

D. Use Fees:

A security deposit will be required. The deposit will be refunded when the event is complete and the area is returned to its original state. Use fees and security deposit are due four weeks prior to the event. The fee schedule is listed on the application. The event will be canceled if payment is not received on or before the due date.

E. Cancellation:

Cancellations fewer than ten working days prior to the event will result in the forfeit of all use fees paid. If written notification is received by the Museum at least ten working days prior to the scheduled event, the User will receive a refund of 75% of the total amount paid. If the event is canceled, written notification must be received by the Manship House at least 10 working days prior to the scheduled date in order for the User to receive a refund of 75% of the total payment. If the event is canceled less than 10 working days prior to the scheduled date, the User forfeits all payment. Postponement and/or cancellation must be in writing and signed by the Authorized Contact Person for the User.

History

• Source: Miss. Code § 25-59-1 (1972, as amended).

16 Miss. Admin. Code Pt. 5, R. 7.2 Event Arrangements

A. Events Where Food or Drink is Served:

The Visitors Center discourages the serving of food and/or drink due to the absence of adequate equipment and space. Only at events sponsored by the Museum are refreshments permitted in the Visitors Center. Food and drink are limited to the grounds; under no circumstances are food and drink permitted in the Manship House Museum.

The caterer, or the User, must supply all necessary tablecloths, utensils, dinnerware, glassware, table decorations, service equipment, food, and beverages. After the event, the designated area must be returned to its original condition.

B. Decorations:

Set up and decoration plans must be submitted in writing and approved at least ten working days prior to the event. Floral arrangements brought into the Visitors Center must come from a professional florist or nursery and must be approved by the Museum prior to the event. Open flames (candles, torches, oil lamps, etc.) are not permitted. Battery operated candles are allowed. Free-standing signs may be placed in the Visitors Center or on the grounds with prior approval of content and location. No materials of any kind may be attached to the interior or exterior walls of the Manship House Museum.

C. Equipment:

The Museum charges a rental fee for tables and chairs. Electronic equipment is not available. Trash receptacles are available on request for use inside the Visitors Center only. There will be no equipment available for use on the grounds.

The User may bring in other equipment with approval ten working days prior to the event by Museum.

D. Music/Other Entertainment:

Music or other entertainment must be approved by the Museum at least ten working days prior to the event.

E. Setup and Removal:

Facility Users may set up one hour before the scheduled event and must return the designated area to its original state within one hour after the event. Any use of the Visitors Center or grounds prior to the designated meeting time must be approved, and could incur additional charges.

F. Parking:

Limited, free parking for visitors is available in the parking area adjacent to the Visitors Center. Any special parking requests must be submitted at least ten working days before the event.

G. Security:

State Capitol Police provides security during regular hours of operation. The Manship House Museum cannot guarantee that a State Capitol Police officer will be on-site during events on Museum grounds; and therefore, security is the responsibility of the User. A security plan must be submitted and approved at least ten working days prior to the event.

H. Restroom Facilities:

Restrooms are located in the Visitors Center. Restroom facilities are not adequate for large groups. Portable toilet rental is required for groups of 50 or more requesting grounds use. Arrangements and all costs for rental of portable toilets must be made by the User.

I. Fire/Safety Regulations:

Smoking is prohibited in all areas of the Manship House Museum, the Visitors Center, and the Manship House grounds. No weapons are allowed in the buildings or on the grounds.

J. Videotaping/Filming/Photography:

Videotaping, filming, and/or photography are not allowed inside the Manship House Museum. Videotaping, filming, photography in the Visitors Center exhibition areas, without lights or flash, and Manship House Museum grounds for private use only are permitted during regular hours of public visitation unless otherwise posted. Any commercial or professional videotaping requires prior approval, the execution of the department’s commercial filming agreement, and payment of applicable fees. A complimentary copy of the final video or print must be supplied to the Museum.

K. Credit Line:

All approved televising, videotaping, photography, publicity, or printed material must include the following credit line: "(name of group) gratefully acknowledges the use of the Manship House Museum, administered by the Mississippi Department of Archives and History." In the case of sponsorship of an event, the Manship House Museum, administered by the Mississippi Department of Archives and History, shall be named as sponsor.

History

• Source: Miss. Code § 25-59-1 (1972, as amended).

Chapter 9 The Mississippi Governor’s Mansion Historic Section and Ground Guidelines for Use by the Governor and First Family (Approved by the Board of Trustees January 21, 2000; Amended January 18, 2013, April 17, 2015, June 19, 2020, and May 19, 2026 )

16 Miss. Admin. Code Pt. 5, R. 9.2 Historic Section Guidelines

The maximum legal capacity for the Mansion’s historic section is 225 persons as authorized by the Jackson Building Permit Office and the Jackson Fire Marshall. Specifically, the maximum numbers are 123 persons for the first floor of the historic section and 102 persons for the second floor of the historic section.

The Department of Archives and History employs a full-time Mansion curator who is responsible for the management of the Mansion’s historic collection and the administration of the docent program for public tours of the historic section. The Mansion curator also serves as the state property officer for the Mansion and is required to maintain a descriptive inventory and be responsible for the care and custody of all furniture and furnishings in the Governor’s Mansion that have been catalogued by the Department of Archives and History. However, the Department of Finance and Administration shall maintain a descriptive inventory of and be responsible for the care and custody of all publicly owned furniture and furnishings in the Governor’s Mansion that have not been catalogued by the Department of Archives and History, including flat silver and silver hollowware. It is unlawful to remove any state property under the custody of the curator from the Mansion without authorization of the curator as stipulated by the Mississippi Code 1972, 39-5-21. Also, no state property on the MDAH inventory should be relocated within the Mansion without the approval of the Mansion curator. News coverage or personal filming must be approved by the Mansion curator prior to filming. Professional/commercial filming at the Mansion is subject to the terms of the commercial filming agreement approved by the Board of Trustees of the Department of Archives and History. The entire Mansion is a smoke-free building (both the historic and non-historic sections). Only trained service animals are permitted in the historic section of the Mansion.

History

• Source: Miss. Code §§ 39-5-6, 39-5-21, 25-59-1, 39-5-1, 39-7-1 (1972, as amended).

16 Miss. Admin. Code Pt. 5, R. 9.3 Grounds Guidelines

The Mansion grounds and gardens, designed by William Garbo in 1971 and modified in 2022 by Rick Griffin and L. A. Clifton Egger, reflect a style appropriate for the Greek Revival architecture of the historic Mansion. Design changes to the grounds or gardens may not be considered or made without the approval of the Department of Archives and History. The grounds are maintained by the Office of Capitol Facilities, Mississippi Department of Finance and Administration, and it is this Office that should be contacted for day-to-day requests and needs. Although the design of the grounds may not be altered, there are specified areas within the grounds which may be planted according to the personal desires of the Governor’s family. These areas will be indicated to the First Family when the grounds are toured with the representative(s) of Capitol Facilities. The horticultural feasibility of special planting requests will be determined by Capitol Facilities, but every effort will be made to meet them.

The cut flower garden was created for use by the First Family and is maintained by volunteers with some supervision by Capitol Facilities. The volunteers may be contacted through Mansion staff. Commemorative markers on the grounds are generally discouraged and require approval by the Board of Trustees of the Mississippi Department of Archives and History. Pets and their cleanup are the responsibility of the owners or of their designated walkers.

History

• Source: Miss. Code §§ 25-59-1, 39-5-3 (1972, as amended).

Chapter 10 The Mississippi Governor’s Mansion Historic Section and Grounds Guidelines for Public Use (Approved by the Board of Trustees May 8, 1998, Amended Jan. 17, 2014, June 19, 2020, and Nov. 14, 2023)

16 Miss. Admin. Code Pt. 5, R. 10.1 Organizational Use

The historic section of the Governor’s Mansion has been designated as an area for limited public use by educational, historical, and other non-profit organizations. The Mansion and grounds will not be available to private individuals acting on their own. On occasion, it will be necessary to rearrange scheduling due to emergency use of the Mansion by the governor for official state functions or other important uses. The understanding and flexibility of the affected organization is requested in those infrequent instances of cancellation or postponement of a scheduled function. Requests for use of the Mansion should be made in writing to the Mansion administrator, 300 E. Capitol Street, Jackson, MS 39201, at least six weeks prior to the scheduled date of a function. The request should provide as much information as possible on proposed plans and arrangements for an event, including the general purpose of the event and the anticipated number of guests. All arrangements must be approved in advance by the Mansion administrator. If the requested use is approved, the authorized representative of the organization will be expected to sign a Facility Use Contract and to pay a Mansion Use Fee based on the number of persons expected to attend the event.

The Governor’s Mansion has the ability to illuminate the front and sides of the building with ground-mounted lamps which can be programmed to “uplight” in various colors. Requests to uplight the Mansion should be made to the Mansion Administrator, 300 East Capitol Street, Jackson, MS 39201. The request should provide as much information as possible regarding your cause, purpose for the lighting, color choice, and any other additional information deemed necessary. If the lighting request is approved, the authorized representative from the organization will be expected to sign the facility use contract based on the number of days to light the Mansion. The Use Fee is deposited in the Foundation for Mississippi History account and designated for the Governor’s Mansion to provide funding for the conservation, preservation, and repair of furnishings in the historic section of the Mansion.

C. The number of guests may not exceed two hundred (200) persons.

D. The Mansion is not appropriate for auditorium-type events.

E. The Mansion cannot accommodate commercial filming or television equipment.

F. Functions are to begin and conclude at the scheduled time.

G. For security reasons, a complete list of all event attendees should be provided to the Mansion administrator twenty-four hours prior to the function.

H. Caterers should confer with Mansion administrator on time of arrival and provide a list of all employees assisting with event.

I. Caterers are responsible for returning the kitchen to its original condition at the conclusion of the event.

J. Food, flowers, and beverages are the responsibility of the host organization. Caterers, florists, and other vendors must be approved by the Mansion administrator. Floral arrangements must be from florist. No member of the host organization is permitted to arrange flowers on site.

K. All serving pieces and the menu are to be approved by Mansion administrator.

L. Food and drink are allowed only on the first floor.

M. Linens may be requested from the Mansion administrator. Any linens provided by the host group must be approved by the administrator.

N. Service will be paid for by the host organization and will be provided by the Governor’s Mansion.

O. The organization may not collect dues nor charge fees at events held at the Mansion.

P. The host group is responsible for any breakage or damage and associated repair costs to the Mansion, its furniture, furnishings, and/or grounds. Estimates and repair supervision will be handled by Mansion staff.

Q. For events held on the Mansion grounds, location and alternations are to be approved by Mansion administrator. R. Parking is limited; special requests for reserved parking must be submitted to the Mansion administrator.

S. The host organization should confer with the Mansion administrator twenty-four hours prior to the function to ensure that all of the above guidelines have been met.

The Mississippi Governor’s Mansion Facility Use Contract Name of Organization:__________________________________________________________________________

Name of Co-Sponsor, if applicable:________________________________________________________

Contact person:_________________________________ Business Telephone:_____________________

Address:_______________________________________ Home telephone:_______________________

---

By this agreement, the above named organization, hereafter referred to as the User, does contract with the Governor’s Mansion, hereafter referred to as the Mansion, to use the Mansion facilities/services or uplighting illumination of Mansion exterior on ___________________________ from _____________ to _______________. (date) (time) (time)

The User agrees to designate one person to be in charge of its group while at the Mansion. The person in charge must be present while the event is being set up and must remain with the group until all its members and others connected to the event have left the Mansion.

The User agrees to abide by the Guidelines for Public Use, which are attached hereto and made part of this contract, and to inform its members/guests of those Guidelines. The User assumes responsibility for the behavior of its members and for the consequences of that behavior while on the Mansion premises.

The User assumes liability for loss or damage to Mansion property that results from its use of the facility, and agrees to hold the Mansion harmless for loss or damage to the persons or property of its members or guests while at the Mansion.

The User assumes responsibility and liability for illness resulting from the serving of food and drink, and agrees to hold the Mansion harmless.

The payment of a Use Fee is required upon execution of this contract. • The Use Fee for this event is $_______________ for _________ persons. (0-25 persons - $100.00; 26-99 persons - $200.00; 100-200 persons - $400.00). • The Use Fee for exterior lighting is $________ for the duration of________. (1 day - $250; 1 week - $600; 1 month - $1,200) Checks should be made payable to the Friends of the Mansion, Mississippi Department of Archives and History.

I have read, understand, and agree to abide by the guidelines for the use of the Governor’s Mansion.

Signature __________________________________________ Date ______________________________

History

• Source: Miss. Code § 29-59-1 (1972, as amended

Chapter 11 Policy for the Mississippi Museum Store (Approved by the Board of Trustees, July 14, 2017; Amended August 17, 2017, Amended April 2019, Amended April 16, 2021)

16 Miss. Admin. Code Pt. 5, R. 11.2 Printed Name _______________________________________

Overview The Mississippi Museum Store (MMS), formerly operated as the Mississippi History Store, opened in conjunction with the Two Mississippi Museums—the Museum of Mississippi History and the Mississippi Civil Rights Museum—on December 9, 2017. All MDAH retail is administered by the MMS.

MDAH museums and historic sites may operate satellite locations or host MMS Pop-Up

at the discretion of the MDAH Museum Division director and finance office.

The following stores have been designated: Store 1 Two Mississippi Museums, 222 North Street, Jackson, 601-576-6921 MMS anchor location

Store 3 No permanent address MMS Pop-Up for MMS merchandise sold at locations other than the MMS anchor location or satellite location.

Store 11 Eudora Welty House and Garden, 1109 Pinehurst Street, Jackson, 601-354-5210 Store 31—currently not in use Old Capitol Museum, 100 State Street, Jackson, 601-576-6920

Store 61 Event Rentals

Store 71 Grand Village of the Natchez Indians, 400 Jefferson Davis Boulevard, Natchez, 601- 446-6502

16 Miss. Admin. Code Pt. 5, R. 11.3 Acceptable Payment, Payment Handling Procedures, Returns A

Cash Each cash drawer is activated during daily opening procedures and is counted using the point-of-sale. Any discrepancies must be reported immediately to the MMS administrator.

Each cash drawer is reconciled during daily closing procedures and is counted using the point-of-sale. Any discrepancies must be reported immediately to the MMS administrator.

B. Checks Checks are accepted with a valid photo ID. All checks must be made payable to the Mississippi Museum Store, legibly written, properly signed, currently dated, and bear a verifiable address and phone number. Counter checks, third-party checks, starter checks, non-personalized checks, money orders, and foreign checks are NOT accepted. Checks are endorsed upon receipt with the MMS "FOR DEPOSIT ONLY" stamp. Checks are to be listed by name and amount on the deposit slip and must be accounted for on the daily reconciliation sheet.

Any returned checks are handled by the MDAH finance office.

C. Credit Cards All credit card sales are processed electronically, and each sale must be approved by the respective credit card company.

All over-the-phone orders must reflect this information by writing "paid via telephone" on the signature line. The customer copy should be mailed to the customer along with the merchandise.

A convenience fee may be applied to all credit card transactions.

D. Gift Cards

The MMS Store 1, located at the Two Mississippi Museums, is the only location where gift cards may be purchased and redeemed. MMS gift cards must be purchased in the amount of $5 or more. The MMS is not responsible for lost, stolen, or damaged cards. Gift cards are non-refundable, may not be redeemed for cash, and cannot be purchased using any kind of discount or coupon.

E. Returns/Exchanges a. All merchandise returns or exchanges must be written within thirty (30) days of purchase. b. All merchandise returns or exchanges must be accompanied by the original receipt with the merchandise in original condition. c. For auditing purposes, all refund and exchange receipts are to be kept with the daily reconciliation records. Refund receipts should be initialed by the store staff member who processes the transaction as well as the MMS administrator. d. All credit card refunds will be credited back to the card of the original purchase. e. Cash refunds are limited to $100. Refunds in excess of this amount must be approved by the MMS administrator, site administrator, and/or Museum Division director. The finance department can issue a check refund, if needed, or the refund amount can be credited to a MMS gift card. f. If the original purchase was made via personal check, a check refund or store gift card will be issued after the original check has cleared the bank. g. Clearance and sale items are non-refundable and may not be exchanged for other merchandise.

16 Miss. Admin. Code Pt. 5, R. 11.3 Merchandise

A. Merchandise Selection and Standards All merchandise sold in the MMS is: a. Compatible with the mission of MDAH, its sites, and MMS, b. Relevant to Mississippi history, c. Of exceptional craftsmanship and quality production and presentation, d. Visually appealing and quality packaged, e. Reasonably priced with an acceptable margin of profit, f. Kept in minimal inventory except for items with established purchase minimums, g. Marketable with a demonstrated marketability.

Authors and publishers may submit requests to sell their published materials at the Mississippi Museum Store using an online application. Submission of an application does not confirm acceptance. All submissions are subject to review by the Mississippi Museum Store committee.

Additionally, published works must meet the following criteria: a. The book has an ISBN number and/or bar code. b. The book is professionally published, printed, designed, and bound. c. The content directly relates to the history and culture of Mississippi.

d. The content fits the mission and vision of the Mississippi Museum Store. e. Books published by individuals will not be accepted.

Merchandise or works created by current volunteers, donors, or MDAH staff members will NOT be considered, except in the case of publications sold through a professional publisher/distributor.

B. Merchandise Categories a. MMS Merchandise categories include, but are not limited to, the following: b. Artisan Crafts – handmade items of exceptional quality and originality that represent and are created by Mississippi artisans (baskets, pottery, wood items, prints, quilts, art, etc.) c. Books & Media – books, CDs, DVDs, and other published materials about Mississippi history and culture d. Gourmet – Mississippi-made snacks, candies, nuts, jams, jellies, preserves, honey, and other high-quality gift food items e. Jewelry – handmade Mississippi items, Mississippi-themed items, and authentically sourced Native American items f. Kids Items – historical and fiction books, games and puzzles, plush toys (such as teddy bears), etc. g. Souvenir – high-quality souvenirs related to MDAH programming and/or sites, or memorable reminders of the museum experience. Items may include coasters, keychains, magnets, mugs, paperweights, letter openers, pencils, pens, etc. h. Paper Products – historic and Mississippi-themed maps, notecards, postcards, stationary, prints, and reproduction items i. Textiles – logoed and non-logoed merchandise items made of fabric which represent MDAH sites. Items may include t-shirts, bags, potholders, quilts, etc. j. Body Care – Mississippi-made lotions, soaps, face wash, bath bombs, etc. k. Fine Art – original, creative visual art that demonstrates great skill and accomplishment and is appreciated for its imaginative, aesthetic, or intellectual content. Items may include sculptures, paintings, etc. l. Home Goods – Items for the home including, but not limited to, pillows, glassware, kitchenware, candles, etc. m. Temporary Exhibits & Seasonal Products – holiday and seasonal merchandise and items relevant to temporary exhibits n. Two Mississippi Museums Memberships – includes membership for sale off-site

C. Item Identification

Each item shall be assigned an individual inventory number and bar code.

D. Unsolicited Merchandise a. All unsolicited merchandise must be officially submitted with the required documentation. b. NO unsolicited merchandise will be accepted or evaluated by the store committee until the required submission procedure is complete. c. MMS reserves the right to refuse any unsolicited merchandise. There are no guarantees that unsolicited merchandise will be accepted for sale in the MMS. d. All unsolicited merchandise owners will be notified to pick up their goods within thirty (30) days or it will be considered abandoned and may be disposed of at the discretion of the Store Committee. The store is not responsible for unsolicited merchandise.

E. Inventory An inventory of all physical merchandise must be conducted on an annual basis during the last week of June and all counts must be completed by the last business day of June. A copy of each store's inventory report must be submitted by the MMS administrator to the Museum Division director, site directors, and MDAH finance department by July 15 of each year. The following rules will be observed: a. Each store shall close for the annual inventory. b. No sales are to be made during inventory. c. Each store must utilize the point-of-sale inventory physical count procedures to formally create, count, and enter the inventory physical count results. d. All merchandise is to be physically counted, verified, and recorded on inventory forms generated by the current point-of-sale (POS) system. This physical count should be compared to the POS inventory for each site. e. In the case of any discrepancies between the physical count and the POS inventory reports, the inventory will be recounted. If the count continues to reflect a discrepancy, each item in question should be investigated for cause of anomalies. f. An annual inventory report explaining any discrepancies and adjustments should be included with the physical inventory report. g. Any adjustments to the inventory will be made after the inventory physical count is completed and posted in the POS system by the MMS administrator. F. Purchases The MMS purchases merchandise on a direct-buy basis and pays via invoicing methods. There are instances in which purchases using the store procurement credit card are necessary. These purchases must be made by the cardholder ONLY. All purchases are to be reviewed and submitted to the Museum Division director. Procurement card purchases must be made in compliance with all state and MDAH financial regulations.

Retail markup shall be consistent with suggested retail pricing.

All purchasing must have the approval of the MMS administrator. Any custom items should be approved by the Store Committee before the order is placed.

G. Consignment The MMS administrator may recommend to the Store Committee certain items be accepted for consignment—only at the Two Mississippi Museums location. These items may include pieces of art that exceed the normal price range of items carried in the store. There may be no more than two pieces accepted on consignment at one time. The artist receives 60% of the retail cost and MMS receives 40%.

H. Discounts MMS may offer discounts in the following categories: a. Clearance – Inventory that has not sold according to the Store Committee's projected expectations shall be sold on clearance. The MMS administrator may place this merchandise on clearance with a minimum discount of 20%. If clearance items have not sold within thirty (30) days, the MMS administrator may either reduce the price further or process for disposal using the Merchandise Disposal form. Clearance merchandise is non-refundable and cannot be exchanged. b. Promotions – Merchandise may be discounted for promotional purposes at the MMS administrator and/or Store Committee's discretion. Store sites must submit promotion requests at least thirty days in advance for the Store Committee to review and provide a determination. c. Damaged Inventory – Damaged merchandise in resalable condition shall be reduced in price for a "quick sale." Damaged merchandise that is sold is non- refundable and may not be exchanged. After thirty (30) days, any remaining merchandise may be disposed of at the Store Committee's discretion. Criteria for merchandise disposal includes items that are broken, damaged, out-of-date, no longer fits mission, excessive amount of inventory with significantly diminished customer demand deemed inappropriate, or unsolicited. d. Wholesale – Wholesale discounts are for resale purposes only. Any group or organization requesting a discount for the purchase of specific merchandise in large quantities must gain prior approval by the MMS administrator and/or Store Committee. The following scale is used: Quantity Discount 10-19 15% 20-39 20% 40+ 25% e. MDAH related – Purchases for MDAH use, such as books for the library or special programming, will be at cost and must be purchased with a purchase requisition. The MDAH finance department will transfer the funds accordingly. f. The following discounts apply to regular priced merchandise only:

1. 20% – MDAH staff 2. 15% – MDAH Board of Trustees, the Foundation for Mississippi History Board of Directors, the Eudora Welty Foundation Board of Directors, and MDAH volunteers 3. 10% – Two Mississippi Museums members, Mississippi Historical Society members, and other groups deemed appropriate by the MDAH director

I. Damages Damaged merchandise that cannot be sold may be disposed of using the Merchandise Disposal form. Methods of disposal include discarding, using for display, or transferring to another institution. The Mississippi Museum Store Financial Operations Committee ( MDAH finance department director, Museum Division director, MDAH director of amenities, and MMS administrator) must approve any items donated to the store.

J. Donations The store is prohibited by law to donate to charitable or civic organizations as store merchandise is state property. Overstocked items may be removed from inventory and sold at no cost to other retailers or transferred at no cost to other state agencies, museums, or libraries. The Mississippi Museum Store Financial Operations Committee (MDAH finance department director, Museum Division director, MDAH director of amenities, and MMS administrator) must approve any items donated to the store. Items donated to MMS in resalable condition may be accepted with approval by the Store Committee. A Merchandise Donation form should be completed showing the names and address of the donor, quantity, and description of items donated and signatures of the donor and receiver.

K. In Store Use Only Occasionally, special items may be ordered for in-store use only. The MMS administrator may purchase the necessary items by purchase order method or with a state procurement card and mark such items as "Display Only.''

16 Miss. Admin. Code Pt. 5, R. 11.6 Store Committee A

Members Store Committee members are selected by the MDAH director. The Store Committee is comprised of multidivisional MDAH staff members including but not limited to the MMS administrator, the Museum Division director or their designee(s), and a member of the Programs and Communication division.

B. Role and Purposes The Store Committee establishes short and long-term goals, helps plan and schedule store events and promotions, assists in product development, reviews policy and procedures, and recommends change on a biennial basis.

The Store Committee meets periodically to review and select unsolicited merchandise submitted by authors, artists, or vendors based on the guidelines set forth in section Rule 11.5 Merchandise of this document.

Chapter 15 Eudora Welty House & Garden Event Rental Policy (Adopted by the Board of Trustees on October 25, 2019, amended January 22, 2021; April 21, 2023)

16 Miss. Admin. Code Pt. 5, R. 15.1 Event Rental

The Eudora Welty House & Garden is administered by the Mississippi Department of Archives and History (MDAH). The Welty garden, side porch, and Visitor Center (VC) are available for rental by organizations and businesses. The Eudora Welty House & Garden will not be available to individuals acting on their own. The Garden and the VC are public areas. Pre-approved signage or demarcations may be used for events that occur in the Garden during regular operating hours, with the understanding that other visitors may be on the grounds. Eudora Welty House & Garden staff are not responsible for monitoring the rental area.

A. Application: An organization or business must complete an application (and may be asked to supply bylaws and/or articles of incorporation) to rent space in the Eudora Welty House & Garden. The Event Rental Committee—consisting of the Eudora Welty House & Garden director, the Museum Division event manager, and MDAH sites administrator—must review and approve all requests. Applications must be submitted electronically using the webform on the MDAH website a minimum of sixty (60) calendar days prior to the event. Requests within a shorter timeframe may be denied.

B. Contract /Security Deposit: Event reservations are confirmed once the signed contract and the security deposit have been received by the Eudora Welty House & Garden. The security deposit will be refunded after the event and the rented area is returned to its original state. Contracts are valid for fifteen (15) days after issue date.

C. Rental Fees: The fee schedule listed on the application has been approved by the MDAH Board of Trustees. Sales tax does apply to all fees. If an organization is exempt from paying sales tax, a copy of the Letter Ruling from the Mississippi Department of Revenue must be submitted with payment (Miss. Code §§ 27-65-111). Other state agencies or organizations that are prohibited by state law from paying fees to MDAH are limited to using the facility only during regular weekday operating hours.

Rental fees are invoiced at the time the contract is issued and are due in full thirty (30) calendar days prior to the event. A purchase order is acceptable. The event reservation will be cancelled if payment is not received by the due date. The User will be notified of the cancellation and the security deposit will not be refunded.

If the security deposit is paid by credit card, the same card must be used for the rental fee. If the security deposit is paid by check, a credit card may be used for the rental fee. Additional fees determined by NIC (Mississippi State credit card processor) will be applied at the time of check out. A purchase order is an acceptable form of payment.

D. Cancellation: If the User sends written notice of cancellation and it is received by the Eudora Welty House & Garden more than thirty (30) calendar days prior to the scheduled event, the User will receive a refund of 75% of the total. Cancellations fewer than 30 working days prior

to the event will result in the forfeit of all fees paid.

Eudora Welty House & Garden reserves the right to cancel an event if the facility is rendered unsuitable due to unforeseen circumstances, and the user will receive a full refund.

E. Public Access: a. The Eudora Welty Garden and Visitor Center are free and open to the public. Tours of the house are offered with an admission fee b. Daytime events may be held during regular operating hours: 9 a.m. to 4 p.m., Tuesday through Friday. c. The Eudora Welty House & Garden is closed to the public on Mondays. d. After hours events may be held Tuesday – Saturday, 5 – 9 p.m. e. The VC is handicapped accessible, however the Welty House & Garden may not be accessible to those with physical disabilities. f. The Welty House will remain closed during after hours events.

History

• Source: Miss. Code §§ 25-59-1, 39-5-1 (1972, as amended).

16 Miss. Admin. Code Pt. 5, R. 12.2 Event Arrangements

A. Space Selection: The User may indicate their space preference in the application. During hours of operations, access to the Visitor Center is limited to the gift shop, viewing of exhibits, and use of public restrooms. After hours, the User can access the garden and VC for event set-up. Access to staff offices and the upstairs of the VC is prohibited. For after hours events, limited access to the kitchen is available. Use of the stove and oven is prohibited, as is the use of VC dishware, utensils, and food. The space selection will be stated on the contract. Once the contract is signed and returned, the space selection cannot be changed. User shall not exceed maximum occupancy of 50 guests. Refer to application for maximum occupancy per area. Eudora Welty House & Garden reserves the right to remove event participants and/or cancel an event at any time if maximum capacity for the selected room exceeds fire code or jeopardizes the integrity of the space.

B. Approved Vendors: All rentals, floral arrangements, decorations, music, and other services must be contracted to fully licensed businesses. The User must supply a copy of each vendor’s articles of incorporation and business permit to the Event Rental Committee prior to the event.

C. Catering: Food and beverages are allowed for receptions in the garden and VC and must be prepared by a professional caterer or restaurant. A Mississippi Department of Health (MSDH) graded food permit must be submitted prior to the event. Menus must be submitted and approved at least ten (10) working days prior to event. User must supply any/all necessary tables, chairs, tablecloths, and all utensils, dinnerware, table decorations, service equipment, food, and beverages. The Caterer or User must provide all labor for the event. The designated area must be returned to its original condition after the event, with all trash removed offsite by the end time designated on the application.

D. Alcohol: Anytime alcohol is served, whether sold or distributed freely, a proper permit from the Division of Revenue’s Alcohol Beverage Control (ABC) Division must be acquired. The User is responsible for obtaining the alcohol permit and providing a copy to the Event Rental Committee prior to the event. Beer and low- alcohol content wines require one type of permit while wines and liquors require a separate permit. Permits can be for a one-time use or for a longer period of time. The permit holder then is responsible for distributing the alcohol and must take on the responsibilities of being insured and checking identification. (Miss. Code §§ 67-3-15, 67-3-25)

E. Decorations: Set up and decoration plans must be submitted in writing and approved by the Event Rental Committee before an event rental contract will be issued to the User by the Eudora Welty House & Garden.

Eudora Welty House & Garden director or a designee must be present during the event set up.

No changes—such as the movement of items on walls, movement of display cases, the opening of blinds, rearranging of chairs and benches etc. — may be made to spaces within the Eudora Welty House & Garden without approval. If approved, Eudora Welty House & Garden staff will make the requested adjustment. Floral arrangements brought into the VC and garden must come from a professional florist or nursery and must be approved by the Event Rental Committee ten (10) days prior to the event. Potted plants are prohibited. These floral arrangements must be completely arranged and ready for placement. No member of the host organization is permitted to arrange flowers on site.

Open flames (candles, torches, oil lamps, sparklers, etc.) are not permitted on Eudora Welty House & Garden grounds. Battery operated candles are allowed. Glitter is prohibited in any form. Confetti, rose petals, bubbles, dry ice, dry rice, and smoke machines are prohibited.

Free-standing signs and demarcations must be approved prior to the event. No

decorations or signs may be adhered to wall, doors, exhibits, windows, or any part of the building. Any power cords must be thoroughly taped down with “gaffer” tape provided by the Eudora Welty House & Garden.

All decorations must be removed at the conclusion of the event by the end time stated on the contract. Any items left over three days shall be disposed of at the discretion of the Event Rental Committee.

F. Equipment: Outside rental equipment is permitted. Rental equipment such as stages, tables, dance floors, chairs, tables, and audiovisual equipment are only permitted on the Welty House front lawn, camellia room, and in the backyard of the Visitor Center. The Eudora Welty House & Garden is not responsible for any damage to equipment. In the event of bad weather or muddy ground, the Eudora Welty House & Garden reserves the right to make changes to the layout of the event to avoid damage to the historic garden.

G. Music / Other Entertainment: Music or other entertainment must be approved by the Event Rental Committee at least ten (10) working days prior to event. The request must be submitted in writing.

H. Lighting: Any additional lighting must be approved by the event rental manager and Eudora Welty House & Garden administrator at least ten (10) working days prior to event. The request must be submitted in writing. Additional lighting may be secured from a list of Eudora Welty House & Garden approved vendors. The User is responsible for the operation, set up and break down of all additional lighting equipment. The User is responsible for any damages to equipment rented from an outside vendor.

I. Parking: Eudora Welty House & Garden has designated free parking in front of the house and Visitor Center for up to 8 vehicles. Free parking is available on Pinehurst Street, Peachtree Street, and Olive Street.

J. Security: Only Capitol Police may provide security at events held at the Eudora Welty House & Garden. No outside security is permitted without written approval from Capitol Police. Capitol Police will be on duty during regular operational hours of the Eudora Welty House & Garden. For any events held after hours, it is the responsibility of the User to pay for security provided by a security company selected by the Two Mississippi Museums. The number of officers and hours needed will be decided by the Two Mississippi Museums. The cost will be included on the Users Two Mississippi Museums invoice.

K. Set up & Removal: Users of the facility may set up one hour before the scheduled event and must return the designated area to its original state within one hour after the event. Events starting prior to 9 a.m. must be set up the day before, between 4 and 5 p.m. Any use of the building prior to the designated meeting time must be approved prior to the day of use. Violation of the set up and removal policy will forfeit the User’s security deposit, and additional fees may occur.

L. Damage/Liability Coverage: The User is responsible for any breakage or damage and associated repair costs to the Eudora Welty House & Garden, its furnishings, or grounds. Eudora Welty House & Garden staff will obtain estimates and supervise all repairs.

Since the Eudora Welty House & Garden is administered by the Mississippi Department of Archives and History, a state agency, the User has liability coverage pursuant to (Miss. Code §§ 11-46-1 et seq.).

M. Event related Videotaping/ Filming/ Photography: Videotaping, filming, and photography may be made for personal use only. Any type of multimedia related recording of the Eudora Welty House & Garden exhibits, artifacts, and collections is prohibited.

Any commercial or professional videotaping, filming, and/or photography requires approval by the Museum Division director or the MDAH director. If approved, a Commercial Filming/Photography Contract will be issued to the User and applicable fees will be charged. A complimentary copy of the media or print must be provided to the Eudora Welty House & Garden. Any type of commercial recording of the Eudora Welty House & Garden exhibits, artifacts, and collections is strictly prohibited without a signed Commercial Filming/Photography Contract.

N. Restrictions: 1. The Eudora Welty House & Garden can accommodate a maximum of 50 people on-site. 2. The Eudora Welty House & Garden is a smoke-free facility (Miss. Code §§ 29-5-161 (1972, as amended). No smoking is permitted anywhere on the grounds. 3. Only service animals are allowed in the buildings and on the grounds. 4. Individuals and individuals acting on behalf of a group may

reserve tour spaces and purchase tour admission at the Visitor Center. Tickets bought and sold through third-party vendors may not be valid. 5. User shall conduct the event in an orderly manner and in full compliance with all applicable laws, rules, and regulations. The Eudora Welty House & Garden reserves the right to conclude any event at any time due to inappropriate or undesirable behavior by User or User’s guests as determined by Eudora Welty House & Garden staff. 6. As a state agency (established by Miss. Code Ann. § 37-33-153) MDAH is not allowed by law to charge for services (per Miss. Code Ann. § 27-104-203) during regular operating hours. A state agency may hold an event at the Eudora Welty House & Garden one (1) time per agency per year.

7. In order to prevent the appearance of the Eudora Welty House & Garden endorsing a particular cause or event, Users must include the disclaimer on all forms of advertising stating “The Eudora Welty House & Garden does not sponsor or endorse this event.”

History

• Source: Miss. Code §§ 25-59-1, 29-5-161, 39-5-1, 67-3-15, 67-3-25 (1972, as amended).

Chapter 16 William F. Winter Archives and History Building (Adopted by the Board of Trustees on July 25, 2003, Amended January 22, 2021)

16 Miss. Admin. Code Pt. 5, R. 1.1 Event Rental

The William F. Winter Archives and History Building (Winter Building) is operated as an archival storage and access facility and also house the administrative offices for the Mississippi Department of Archives and History (MDAH). The Orientation Room, lobby with the front porch, 3 rd floor rooftop porch North, and 3 rd floor rooftop porch West have been designated as areas for use by are available for rental by organizations/businesses. The Winter Building will not be available to individuals acting on their own. A. Application: An organization or business must complete an application (and may be asked to supply bylaws and/or articles of incorporation) to rent space in the Winter Building. The Event Rental Committee—consisting of the MDAH director of operations, Museum Division events manager, and director of Archives & Records Services Division—must review and approve all requests. Applications must be submitted electronically using the webform on the MDAH website a minimum of sixty (60) calendar days prior to the event. Requests for a shorter timeframe may be denied.

B. Contract /Security Deposit Event reservations are confirmed once the signed contract and the security deposit have been received by the Museum Division events manager. The security deposit will be refunded after the event provided the rented area is returned to its original state. Contracts are valid for fifteen (15) days after issue date.

C. Rental Fees: The fee schedule has been approved by the MDAH Board of Trustees. Sales tax applies to all fees. If an organization is exempt from paying sales tax, a copy of the Letter Ruling from the Mississippi Department of Revenue must be submitted with payment (Miss. Code §§ 27-65-111). Other state agencies or organizations that are prohibited by state law from paying fees to MDAH are limited to using the facility only during regular weekday operating hours and other restrictions may apply.

Rental fees are invoiced at the time the contract is issued and are due in full thirty (30) calendar days prior to the event. The event reservation will be cancelled if payment is not received by the due date. The User will be notified of the cancellation and the security deposit will not be refunded.

If the security deposit is paid by credit card, the same card must be used for the rental fee.

If the security deposit is paid by check, a credit card may be used for the rental fee. A purchase order is an acceptable form of payment

D. Cancellation: If the User sends written notice of cancellation and it is received by the museum division events coordinator more than thirty (30) calendar days prior to the scheduled event, the User will receive a refund of 75% of the total. Cancellations fewer than 30 working days prior to the event will result in the forfeit of all fees paid.

MDAH reserves the right to cancel an event if the Winter Building is rendered unsuitable due to unforeseen circumstances, and the user will receive a full refund.

E. Hours of Operation / Building Access 1. Public access to the William F. Winter Archives and History Building (Winter Building) will be provided at the first floor North Street entrance. 2. Daytime events may be held during regular operating hours: 9 a.m. to 4 p.m., Tuesday – Friday and 9 a.m. – 1 p.m. on Saturday. 3. The Winter Building is closed on Sunday and rentals are not available on Mondays. 4. After hours Events may be held: Tuesday – Thursday, 5 p.m. – 9 p.m., Friday, 5 p.m. – midnight, and Saturday 2 p.m. – midnight 5. The Winter Building is handicapped accessible. 6. During normal operating business hours, tours of the non-restricted areas of the Winter Building may be arranged through the Event Rental Committee. Security concerns limit the size of the tour group to twelve.

16 Miss. Admin. Code Pt. 5, R. 16.2 Event Arrangements

A. Room Selection: The User may indicate room preference in the application. The room selection will be stated on the contract. Once the contract is signed and returned, the room selection cannot be changed. User shall not exceed maximum occupancy per fire code. Refer to application for maximum occupancy per area. MDAH reserves the right to remove event participants and/or cancel an event at any time if maximum capacity for the selected room exceeds fire code. B. Approved Vendors: All rentals, floral arrangements, decorations, music, and contracted services must be approved by the Event Rental Committee. Users may be asked to supply a copy of the vendor’s articles of incorporation and business permit prior to the event.

C. Catering: Food and beverages are allowed for receptions in all rental spaces and must be prepared

by a professional caterer or restaurant. Users may be asked to submit menus for approval at least ten (10) working days prior to event. User must supply any/all necessary tablecloths, and all utensils, dinnerware, table decorations, service equipment, food, and beverages. The Caterer or User must provide all labor for the event. The designated area must be returned to its original condition after the event, with all trash removed offsite by the end time designated on the application.

D. Alcohol: Anytime alcohol is served, whether sold or distributed freely, a proper permit from the Division of Revenue’s Alcohol Beverage Control (ABC) Division must be acquired. The User is responsible for obtaining alcohol permit and providing a copy to the Museum Division events coordinator prior to the event. Beer and low-alcohol content wines require one type of permit while wines and liquors require a separate permit. Permits can be for a one-time use or for a longer period of time. The permit holder then is responsible for distributing the alcohol and must take on the responsibilities of being insured and checking identification. (Miss. Code §§ 67-3-15, 67-3-25)

E. Decorations: Set up and decoration plans must be submitted in writing and approved by the Event Rental Committee before an event rental contract will be issued to the User by the Winter Building. The Event Rental Committee or a designee must be present during the event set up.

No changes—such as the movement of items on walls, the opening of blinds, etc. — may be made to spaces within the Winter Building without approval. If approved, Winter Building staff will make the requested adjustment. Floral arrangements brought into the building must come from a professional florist or nursery and must be approved by the Event Rental Committee or designee ten (10) days prior to the event. These floral arrangements must be completely arranged and ready for placement. No member of the host organization is permitted to arrange flowers on site. Open flames (candles, torches, oil lamps, sparklers, etc.) are not permitted on Winter Building grounds. Battery operated candles are allowed. Glitter is prohibited in any form. Confetti, rose petals, and dry rice are prohibited. Bubbles, dry ice, and smoke machines may be used outdoors only. Free-standing signs must be approved prior to the event. No decorations or signs may be adhered to wall, doors, exhibits, windows, or any part of the building. Any power cords must be thoroughly taped down with “gaffer” tape. All decorations must be removed at the conclusion of the event by the end time stated on the contract. Any items left behind shall be disposed of at the discretion of the Event Rental Committee.

F. Equipment:

Outside rental equipment is permitted. An outside rental fee may be applied. Audiovisual equipment, tablecloths, chairs, and tables are available for a rental fee. Additional audiovisual equipment may be secured from outside vendors if arranged in advance with the Event Rental Committee. The Winter Building is not responsible for any damage to equipment rented from an outside vendor. The User is responsible for all damages to equipment rented from the Winter Building.

G. Music / Other Entertainment: Music or other entertainment must be approved by the Event Rental Committee at least ten (10) working days prior to event. The request must be submitted in writing

H. Lighting: Any additional lighting must be approved by the Event Rental Committee at least ten (10) working days prior to event. The request must be submitted in writing. Additional lighting may be secured from outside vendors if arranged in advance with the Event Rental Committee. The User is responsible for the operation, set up and break down of all additional lighting equipment. The User is responsible for any damages to equipment rented from an outside vendor or from the Winter Building.

I. Parking: Free parking is located along North Street, Amite Street, and behind the Old Capitol Museum. The Two Mississippi Museums public parking garage may be available, but visitors may need to pay to park. Handicapped parking is available in front of the Winter Building and within the Two Mississippi Museums parking garage.

J. Security: After hours events must have security. No outside security is permitted without written approval from Capitol Police. Capitol Police will be on duty during regular operational hours of the Winter Building. For any events held after hours, it is the responsibility of the User to pay for security. When a Winter Building contract for an after hours event is issued, Capitol Police will be copied on the contract. Capitol Police are responsible for invoicing the User and payment will be made directly to the Office of the Capitol Police. MDAH is prohibited by law to transfer funds to Capitol Police.

K. Set up & Removal: Users of the facility will set up one hour before the scheduled event and must return the designated area to its original state within one hour after the event unless other arrangements are made in advance with the Event Rental Committee. Events starting prior to 9 a.m. may be set up the day before between 4 and 5 p.m. Any use of the building prior to the designated meeting time must be approved by the Event Rental Committee. Violation of the set up and removal policy will forfeit the User’s security deposit, and

additional fees may occur.

L. Damage/Liability Coverage The User is responsible for any breakage or damage and associated repair costs to the Winter Building, its furnishings, or grounds. Winter Building staff will obtain estimates and supervise all repairs. Since the Winter Building is administered by the Mississippi Department of Archives and History, a state agency, the User has liability coverage pursuant to Miss. Code §§ 11-46- 1 et seq.

M. Event related Videotaping/ Filming/ Photography: Videotaping, filming, and photography may be made for personal use only. Any type of multimedia related recording of the Winter Building exhibits, artifacts, and collections is prohibited unless the User has obtained a Commercial Filming/Photography Contract.

Any commercial or professional videotaping, filming, and/or photography requires approval by the Museum Division director or the MDAH director. If approved, a Commercial Filming/Photography Contract will be issued to the User and applicable fees will be charged. A complimentary copy of the media or print must be provided to the Winter Building. Any type of commercial recording of the Winter Building exhibits, artifacts, and collections is strictly prohibited without a signed Commercial Filming/Photography Contract. N. Restrictions 1. The Winter Building a smoke-free facility (Miss. Code §§ 29-5-161 (1972, as amended). Smoking is permitted only in designated areas. 2. No weapons are allowed in the building. 3. Only service animals are allowed in the building. 4. User shall conduct the event in an orderly manner and in full compliance with all applicable laws, rules, and regulations. MDAH reserves the right to conclude any event at any time due to inappropriate or undesirable behavior by User or User’s guests as determined by Winter Building staff. 5. In order to prevent the appearance of MDAH endorsing a particular cause or event, Users may be asked to include the disclaimer on all forms of advertising stating “ The Mississippi Department of Archives & History does not sponsor or endorse this event.” 6. As a state agency (established by Miss. Code Ann. § 37-33-153) MDAH is not allowed by law to charge for services (per Miss. Code Ann. § 27-104-203) to other state agencies during regular operating hours (per Two MM Event Rental Policy 12.1.E). A state agency may hold an event at the museums one (1) time per quarter with a total of four (4) events per agency per year. State agencies using the facility free of charge are limited to the Orientation Room and the room must remain in its original setup.

Chapter 17 Archaeology Collections Policy (Approved by the Board of Trustees April 16, 2021)

16 Miss. Admin. Code Pt. 5, R. 19.1 Event Rental

The Mississippi Department of Archives & History has facilities available for event rentals within the Capitol Complex. Available spaces are, The Two Mississippi Museums (Two MM), comprising the Museum of Mississippi History (MMH) and the Mississippi Civil Rights Museum (MCRM) • Trustmark Community Room • Craig H. Neilsen Auditorium • Brunini Conference Room • Baptist Health Systems Mezzanine • Entergy Plaza • BankPlus Front Porch • Spiro Pete Cora Classroom (if not in use by Two MM staff) The Old Capitol Museum (OCM) • The House of Representatives • Chancery Court (receptions only) • William Nichols (meeting) Room • War Veterans’ Memorial Building Greenspace The William F. Winter Archives and History Building (Winter Building) • Orientation Room • lobby with the front porch • 3rd floor rooftop porch North • 3rd floor rooftop porch West

All rentals must be through an organization/business. Rentals will not be available to individuals acting on their own. Rentals in public areas, during regular operating hours must be open to the general public. A. Application: An organization or business must complete an application (and may be asked to supply bylaws and/or articles of incorporation) to rent space at MDAH site. The MDAH Event Rental Committee—consisting of the Museum Division director or his/her designee, the Sites administrator, and the Museum Division events manager—must review and approve all requests. Applications must be submitted electronically using the webform on the MDAH website a minimum of sixty (60) calendar days prior to the event. Requests for a shorter timeframe may be denied. B. Contract /Security Deposit: Event reservations are confirmed once the signed contract and the security deposit have been received by MDAH. Dates and spaces may be held tentatively for up to 15 days without a reservation confirmation. The security deposit will be refunded after the event provided the rented area is returned to its original state in the timeframe stated in the signed

contract.

C. Rental Fees: The fee schedule has been approved by the MDAH Board of Trustees. Sales tax applies to all fees. If an organization is exempt from paying sales tax, a copy of the Letter Ruling from the Mississippi Department of Revenue must be submitted with payment (Miss. Code §§ 27-65-111).

Pursuant Miss. Code §27-104-203(h), as amended by House Bill No. 1651 (Regular Session 2026), a state agency may charge another state agency, public university or public community or junior college for the short-term rental of event space that is owned, operated, or managed by the charging agency and made available for rental to generate operating revenue, provided that the charge does not exceed fifty percent (50%) of the customary rate charged for comparable use of the space.

While a discounted rental fee for the event space may be charged to these state entities, all related expenses paid by MDAH directly to a third party and passed along with no markup to the state entity, including but not limited to the cost of private security, must be paid in full with no discount.

Rental fees are invoiced at the time the contract is issued and are due in full thirty (30) calendar days prior to the event. The event reservation will be cancelled if payment is not received by the due date. The User will be notified of the cancellation, and the security deposit will not be refunded. If the security deposit is paid by credit card, the same card must be used for the rental fee. If the security deposit is paid by check, a credit card may be used for the rental fee. Additional fees determined by the State of Mississippi’s credit card processor, will be applied at the time of check out on all credit card payments. A purchase order is an acceptable form of payment.

D. Cancellation: If the User sends written notice of cancellation and it is received by MDAH more than thirty (30) calendar days prior to the scheduled event, the User will receive a refund of 75% of the total. Cancellations fewer than 30 working days prior to the event will result in the forfeit of all fees paid. MDAH reserves the right to cancel an event if the facility is rendered unsuitable due to unforeseen circumstances, and the user will receive a full refund.

E. Hours of Operation / Public Access: a. Daytime events may be held during regular operating hours: 9 a.m. to 4 p.m., Tuesday through Friday. b. Daytime events may be scheduled for Saturday for Two MM and OCM (9 a.m. to 4 p.m.) and Winter Building (9 a.m. to 1 p.m.) and Sunday on Two MM (11 a.m. to 4 p.m.). c. No event rentals are available on Mondays or state holidays. d. Evening events may be held: i. Tuesday – Thursday, 5 p.m. – 9 p.m.

ii. Friday – Saturday, 5 p.m. – midnight e. The Two Mississippi Museums are handicapped accessible. f. For an additional fee, MMH and MCRM galleries may be available during events. The request must be made in writing and the fee paid thirty (30) calendar days prior to the scheduled event. No food or beverages are allowed in the exhibit galleries.

History

• Source: Miss. Code §§ 25-59-1, 39-5-1 (1972, as amended).

16 Miss. Admin. Code Pt. 5, R. 19.2 Event Arrangements

A. Room Selection: The User may indicate site and room preference in the application. The room selection will be stated on the contract. Once the contract is signed and returned, the room selection cannot be changed. User shall not exceed maximum occupancy per fire code. Refer to application for maximum occupancy per area. MDAH the right to remove event participants and/or cancel an event at any time if maximum capacity for the selected room exceeds fire code.

B. Approved Vendors: All rentals, floral arrangements, decorations, music, and contracted services must be a professional business and approved by the MDAH Event Rental Committee. Users may be asked to supply a copy of the vendor’s articles of incorporation and business permit prior to the event. Users of the facility must provide a list of all hired vendors (including third party vendors hired by a vendor) with names, addresses, telephone numbers and email addresses and their arrival times at least (10) working days prior to the event. Failure to provide the list may cause the vendor to be denied entry.

C. Catering: Food and beverages are allowed for receptions in all rental spaces. The User is responsible for hiring a caterer selected from the MDAH Approved Vendor List. The MDAH Approved Vendor List is updated in January and July each year. A caterer seeking to be added to the MDAH Approved Vendor List must submit a Mississippi Department of Health (MSDH) graded food permit, federal issued ID, and proof of liability insurance for MDAH’s consideration. No food or beverages are allowed outside the rented space. Users may be asked to submit menus for approval at least ten (10) working days prior to event. Tablecloths are available for rent from MDAH.

User must supply any/all other necessary utensils, dinnerware, table decorations, service equipment, food, and beverages. The Caterer or User must provide all labor for the event. The designated area must be returned to its original condition after the event, with all trash removed offsite or to an MDAH dumpster behind the Winter Building or Two MM, by the end time designated on the application. Cooking is prohibited within the museum and on the porches.

D. Alcohol:

Anytime alcohol is served, whether sold or distributed freely, a proper permit from the Mississippi Department of Revenue’s Alcohol Beverage Control (ABC) Division is required. (Miss. Code Sections 67-3-15, 67-3-25). The User is responsible for obtaining the appropriate alcohol permit and providing a copy to the MDAH Event Rental Committee at least seven (7) calendar days prior to the event. Information regarding permits can be found online here: https://www.dor.ms.gov/forms-resources/form-search?division=abc_forms. The permit holder then is responsible for distributing the alcohol and must comply with all applicable laws, rules and regulations.

E. Decorations: Set up and decoration plans must be submitted in writing and approved by the MDAH Event Rental Committee 30 days prior to the date of the event. Any changes to the furniture layout made within 48 hours of the event will result in a layout change fee.

A member of the MDAH Event Rental Committee or a designee must be present during the event set up.

No changes—such as the movement of items on walls, the opening of blinds, etc.— may be made to designated space without approval. If approved, MDAH staff will make the requested adjustment. Floral arrangements brought into the site must come from a professional florist or nursery and must be approved by the MDAH Event Rental Committee or designee ten (10) days prior to the event. These floral arrangements must be completely arranged and ready for placement. No member of the host organization is permitted to arrange flowers on site.

Open flames (candles, torches, oil lamps, sparklers, cold sparklers, etc.) are not permitted on MDAH grounds. Battery operated candles are allowed. Glitter is prohibited in any form. Confetti, rose petals, and dry rice are prohibited. Bubbles, dry ice, and smoke machines may be used outdoors only.

Free-standing signs must be approved prior to the event. No decorations or signs may be adhered to wall, floor, doors, exhibits, windows, or any part of the building. Any damage to the stone flooring will immediately result in a revoking of the security deposit.

Any power cords must be thoroughly taped down with “gaffer” tape provided by MDAH.

The User is responsible for providing any/all supplies needed for the event (pens, scissors, paper, print outs, etc.).

All decorations must be removed at the conclusion of the event by the end time stated on the contract. Any items left behind shall be disposed of at the discretion of the MDAH Event Rental Committee.

F. Equipment: Outside rental equipment is permitted. An outside rental fee may be applied. Audiovisual

equipment, chairs, and tables may be available from MDAH for a rental fee. Additional audiovisual equipment may be secured from outside vendors if arranged in advance with the MDAH Event Rental Committee. MDAH is not responsible for any damage to equipment rented from an outside vendor. The User is responsible for all damages to equipment rented from MDAH.

Last minute requests for additional equipment cannot be guaranteed. Additional charges may apply.

G. Music / Other Entertainment: Music or other entertainment must be approved by the MDAH Event Rental Committee at least ten (10) working days prior to event. The request must be submitted in writing.

H. Lighting: Any additional lighting must be approved by the MDAH Event Rental Committee at least ten (10) working days prior to event. The request must be submitted in writing. Additional lighting may be secured from outside vendors if arranged in advance with the MDAH Event Rental Committee. The User is responsible for the operation, set up, and breakdown of all additional lighting equipment. The User is responsible for any damages to equipment rented from an outside vendor or from MDAH.

I. Parking: MDAH offers free parking in the Visitor Garage at the Two Mississippi Museums and behind the Old Capitol Museum. Parking is also available on adjacent streets.

Handicapped parking is available in front of the Winter Building, within the Two Mississippi Museums parking garage, and the upper parking level of the Old Capitol Museum.

Any special parking requests, including reserved parking, must be submitted to the MDAH Event Rental Committee at least ten (10) working days before the event.

J. Security: Events must have security. State Capitol Police will be on duty during regular operational hours. For any events held after hours, MDAH has approval from Capitol Police to hire a third party. It is the responsibility of the User to pay for the after-hour security provided by a security company selected by MDAH. The number of officers and hours needed will be decided by the MDAH Event Rental Committee. The cost will be included on the Users invoice from MDAH. K. Set up & Removal: Users of the facility will set up one hour before the scheduled event. An extended set-up time is available for an additional fee with approval from the MDAH Event Rental Committee. Users must return the designated area to its original state within one hour after the event unless other arrangements are made in advance and approved by the MDAH Event Rental Committee.

Events starting prior to 9 a.m. may be set up the day before between 4 and 5 p.m. Any use of the building prior to the designated meeting time must be approved by the MDAH Event Rental

Committee. The User and vendors must use the loading dock or designated entrance. Items will not be allowed through the front entrance without prior permission. Violation of the set up and removal policy will forfeit the User’s security deposit, and additional fees may occur. L. Damage/Liability Coverage: The User is responsible for any breakage or damage and associated repair costs to the rented space, its furnishings, or grounds. MDAH staff will obtain estimates and supervise all repairs.

M. Weddings: A professional wedding coordinator and/or planner must be available the entire wedding day through the cleanup time indicated on contract. One month prior to the wedding, a final walkthrough with the MDAH Events Rental team is required to finalize details. Any changes after the meeting may result in an additional fee.

N. Rain Plans If an event is planned for outdoors, a rain plan must be developed in advance. If rain plan is not approved prior to the day of the event, an additional fee will be charged.

O. Event related Videotaping/ Filming/ Photography: Videotaping, filming, and photography may be made for personal use only. Any type of multimedia related recording of MDAH exhibits, artifacts, and collections is prohibited unless the User has obtained a Commercial Filming/Photography Contract. Any commercial or professional videotaping, filming, and/or photography requires approval by the Museum Division director or the MDAH director. If approved, a Commercial Filming/Photography Contract will be issued to the User and applicable fees will be charged. A complimentary copy of the media or print must be provided to MDAH. Any type of commercial recording of MDAH exhibits, artifacts, and collections is strictly prohibited without a signed Commercial Filming/Photography Contract.

P. Restrictions: a. All MDAH sites are smoke-free facilities (Miss. Code §§ 29-5-161 (1972, as amended). Smoking is permitted only in designated areas. b. Cooking is prohibited within the museum and on the porches. c. Only service animals are allowed in MDAH buildings. d. When events are open to the public and/or the museum galleries are open after regular business hours, all individuals entering the building may be required to go through a security checkpoint and/or metal detector. e. User shall conduct the event in an orderly manner and in full compliance with all applicable laws, rules, and regulations. MDAH reserves the right to conclude any event at any time due to inappropriate or undesirable behavior by User or User’s guests as determined by MDAH staff. f. In order to prevent the appearance of MDAH endorsing a particular cause or event, Users may be asked to include the disclaimer on all forms of advertising stating “MDAH does not sponsor or endorse this event.” g. Due to high demand from the public, state agencies, universities and public junior and community colleges (“state entities”) may only rent space from MDAH four (4) times per calendar year and may rent the Craig H. Nielsen Auditorium and the Nancy and

Ray Nielsen Hall of History only once each per calendar year. State entities may schedule an event no more than six (6) months prior to the date of the event.

History

• Source: Miss. Code §§ 25-59-1, 29-5-161, 39-5-1, 67-3-15, 67-3-25 (1972, as amended)

MISSISSIPPI ARTS COMMISSION MISSISSIPPI ARTS COMMISSION

Part 201 Rules and Regulations of the Mississippi Arts Commission

Chapter 2 Request for Information

16 Miss. Admin. Code Pt. 201, R. 3.1 Purpose

This chapter consists of rules for oral proceedings held to provide the public an opportunity to comment on submissions made under the Administrative Procedures Act and the Rules in this Title.

History

• Source: Miss. Code Ann.§ 25-43-2.105.

16 Miss. Admin. Code Pt. 201, R. 3.2 Application of Chapter

This chapter applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the Mississippi Arts Commission pursuant to the Administrative Procedures Act.

History

• Source: Miss. Code Ann. § 25-43-2.105.

16 Miss. Admin. Code Pt. 201, R. 3.3 Request for Oral Proceeding

When a political subdivision, an agency, or a citizen requests an oral proceeding in regard to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request.

A. Each request must be submitted on 8-1/2" x 11" white paper.

B. The request may be in the form of a letter addressed to the Mississippi Arts Commission or in the form of a pleading as if filed with a court.

C. Each request must include the full name, telephone numbers, and mailing address of the requestor(s).

D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case the attorney may sign the request.

History

• Source: Miss. Code Ann.§ 25-43-2.105.

16 Miss. Admin. Code Pt. 201, R. 3.4 Notice of Oral Proceeding

Notice of the date, time, and place of all oral proceedings shall be filed with the Secretary of State's Office for publication in the Administrative Bulletin. The agency providing the notice shall provide notice of oral proceedings to each requester. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The Agency Head, or designee who is familiar with the substance of the proposed rule, shall preside at the oral proceeding on a proposed rule.

History

• Source: Miss. Code Ann.§ 25-43-2.105.

16 Miss. Admin. Code Pt. 201, R. 3.5 Public Participation Guidelines

Public participation shall be permitted at oral proceedings in accordance with the following:

A. At an oral proceeding on a proposed rule, persons may make statements and present documentary and physical submissions concerning the proposed rule.

B. Persons wishing to make oral presentations at such a proceeding shall notify the Mississippi Arts Commission at least three business days prior to the proceeding and indicate the general subject of their presentations. The presiding officer in his or her discretion may allow individuals to participate that have not contacted the Mississippi Arts Commission prior to the proceeding.

C. At the proceeding, those who participate shall indicate their names and addresses, identify any persons or organizations they may represent, and provide any other information relating to their participation deemed appropriate by the presiding officer.

D. The presiding officer may place time limitations on individual presentations when necessary to assure the orderly and expeditious conduct of the oral proceeding. To encourage joint presentations and to avoid repetition, additional time may be provided for persons whose presentations represent the views of other individuals as well as their own views.

E. Persons making presentations are encouraged to avoid restating matters that have already been submitted in writing. Written materials may, however, be submitted at the oral proceeding.

F. Where time permits and to facilitate the exchange of information, the presiding officer may open the floor to questions or general discussion. The presiding officer may question participants and permit the questioning of participants by other participants about any

matter relating to that rule-making proceeding, including any prior written submissions made by those participants in that proceeding. No participant shall be required to answer any question.

History

• Source: Miss. Code Ann. § 25-43-2.105.

16 Miss. Admin. Code Pt. 201, R. 3.6 Submissions and Records

Physical and Documentary Submissions presented by participants in an oral proceeding shall be submitted to the presiding officer. Such submissions become the property of the Mississippi Arts Commission, part of the rulemaking record, and are subject to the Mississippi Arts Commission's public records request procedure. The Mississippi Arts Commission may record oral proceedings by stenographic or electronic means.

History

• Source: Miss. Code Ann. § 25-43-2.105.

Chapter 4 Declaratory Opinions

16 Miss. Admin. Code Pt. 201, R. 4.1 Subjects Which May Be Addressed by Declaratory Opinions

The Commission will issue declaratory opinions regarding the applicability of specified facts to a statute administered or enforceable by the Commission, a rule promulgated by the Commission, or an order issued by the Commission. The Commission will not issue a declaratory opinion regarding a statute, rule, or order which is beyond the primary jurisdiction of the Commission.

"Primary jurisdiction" means:

A. The Commission has a constitutional grant of authority in the subject matter,

B. The Commission has a statutory grant of authority in the subject matter,

C. The Commission has issued specific regulations impacting upon the subject matter, or

D. The Commission has issued a specific order or orders impacting upon the subject matter.

Rule 4:2 Scope of Declaratory Opinion Request. A request shall be limited to a single transaction or occurrence.

History

• Source: Miss. Code Ann.§ 25-43-2.103(2)
• Source: Miss. Code Ann.§ 25-43-2.103(2)

16 Miss. Admin. Code Pt. 201, R. 4.3 Form of the Request for a Declaratory Opinion

When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request on standard letter-size white paper (8 ½" x 11" ).

A. The request shall be in the form of a letter addressed to the Commission or in the form of a pleading as if filed with a Court.

B. All requests must be mailed to Post Office Box 1884, Jackson, MS 39215-1844 or hand-delivered to the Commission's office. Oral and/or telephone requests for a declaratory opinion will not be accepted.

C. Each request shall include the full name, telephone numbers, e-mail address(es) and mailing address of the requestor(s).

D. All requests shall be signed by the person filing the request, unless represented by an attorney, in which case, the attorney may sign the request.

E. Each request and its correspondence envelope, if any, shall clearly state it is a request for a declaratory opinion.

History

• Source: Miss. Code Ann.§ 25-43-2.103(2)

16 Miss. Admin. Code Pt. 201, R. 4.4 Signature Attestation

Any party who signs the request shall attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.

History

• Source: Miss. Code Ann.§ 25-43-2.103(2)

16 Miss. Admin. Code Pt. 201, R. 4.5 Request Content Requirement

Each request shall contain the following:

A. A clear identification of the statute, rule, or order at issue,

B. A concise statement of the issue or question presented for the declaratory opinion,

C. A clear and concise statement of all facts relevant to the question presented,

D. The identity of all other known persons involved in or impacted by the facts giving rise to the request including their relationship to the facts, and their name, mailing address, e-mail address(es) and telephone number, and

E. A statement sufficient to show that the requestor has a substantial interest in the subject matter of the request.

History

• Source: Miss. Code Ann.§ 25-43-2.103(2)

16 Miss. Admin. Code Pt. 201, R. 4.6 Submission of Proposed Opinion and Memorandum

The terms of a proposed opinion may be submitted to the Commission together with a request for a declaratory opinion. The request likewise may contain an argument by the requestor in support of those terms of the proposed opinion. The argument may be submitted in the form of a memorandum of authorities,

containing a full discussion of the reasons, including legal authorities, in support of such position of the requestor. The Commission also may request an argument and memorandum of authorities be submitted by any interested party.

Rule 4. 7 Reasons for Refusal of Declaratory Opinion Request. The Commission may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:

A. The matter is outside the primary jurisdiction of the Commission,

B. Lack of clarity concerning the question presented,

C. There is pending or anticipated litigation, administrative action or anticipated administrative action, or other adjudication which may either answer the question presented by the request or otherwise make an answer unnecessary,

D. The statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer the question presented by the request,

E. The facts provided in the request are not sufficient to answer the question presented,

F. The request fails to contain information required by these rules or the requestor failed to follow the procedure set forth in these rules,

G. The request seeks to resolve issues which have become moot or are abstract or hypothetical such that the requestor is not substantially affected by the rule, statute, or order on which a declaratory opinion is sought,

H. No controversy exists or is certain to arise which raises a question concerning the application of the statute, rule, or order,

I. The question presented by the request concerns the legal or constitutional validity of a statute, rule, or order,

J. The request is not based upon facts calculated to aid in the planning of future conduct, but is, instead, based on past conduct in an effort to establish the effect of that conduct,

K. No clear answer is determinable,

L. The question presented by the request involves the application of a criminal statute or sets forth facts which may constitute a crime,

M. The answer to the question presented would require the disclosure of information which is privileged or otherwise protected by law from disclosure,

N. The question is currently the subject of an Attorney General's opinion request,

0. The question has been answered by an Attorney General's opinion,

P. One or more requestors have standing to seek an Attorney General's opinion on the proffered question,

Q. The request has not been made in good faith,

R. The request is harassing in nature,

S. A similar request is pending before this agency, or another agency, or a proceeding is pending on the same subject matter before an agency, administrative or judicial tribunal, or

T. The question involves eligibility for registration, a license, permit, certificate or other approval by the Commission or another Agency, Board or Commission, and there is a statutory or regulatory application process by which eligibility for said registration, license, permit, or certificate or other approval may be determined.

History

• Source: Miss. Code Ann.§ 25-43-2.103(2)
• Source: Miss. Code Ann.§ 25-43-2.103(2)

16 Miss. Admin. Code Pt. 201, R. 4.8 Commission Response

Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Commission shall, in writing:

A. Issue an opinion declaring the applicability of the statute, rule, or order to the specified circumstances,

B. Agree to issue a declaratory opinion by a specified time but no later than ninety (90) days after receipt of the written request, or

C. Decline to issue a declaratory opinion, stating the reason(s) for its refusal.

The forty-five (45) day period shall begin on the first business day after which the request is received by the Commission.

History

• Source: Miss. Code Ann.§ 25-43-2.103(2)

16 Miss. Admin. Code Pt. 201, R. 4.9 Final Opinion

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of the sixty (60) days, the Commission may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arbitrary or capricious.

History

• Source: Miss. Code Ann.§ 25-43-2.103(2)

16 Miss. Admin. Code Pt. 201, R. 4.10 Availability of Declaratory Opinions and Requests for Opinions

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying at the expense of the viewer during normal business hours. Declaratory opinions and requests which contain confidential information or information which is exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Miss. Code Ann.§ 25-43-2.103(2)

MISSISSIPPI LIBRARY COMMISSION MISSISSIPPI LIBRARY COMMISSION

Part 101 Overview

16 Miss. Admin. Code Pt. 101 Overview

Mississippi Library Commission 1 Revised 052411

Title 16: History, Humanities and Arts - Mississippi Library Commission

Part 101: OVERVIEW

Part 101 Chapter 1: Description and General Operations A. Authorization. The Mississippi Library Commission, hereinafter referred to as the “Library Commission,” is established and operates in accordance with §39-3-101 to §39-3-111 of the Mississippi Code of 1972, Annotated, as amended and/or supplemented thereafter.

B. Purpose. The director of the Library Commission, hereinafter referred to as the “Executive Director,” is charged with “organizing new libraries and directing library development in the State, so as to give and furnish every citizen and resident of the State free library service of the highest quality consistent with modern methods and as may be justified by financial and economic conditions.” (§39-3-105)

1. Vision - The vision of the Mississippi Library Commission is that all Mississippians have access to quality library services in order to: achieve their greatest potential, participate in a global society, and enrich their daily lives.

2. Mission - The Library Commission is committed — through leadership, advocacy, and service — to strengthening and enhancing libraries and information resources for all Mississippians.

3. Goals - The goals of the Library Commission are as follows:

   1. All Mississippians understand, support, and use libraries.
   2. All Mississippians have access to well-managed library services through

   qualified staff and modern facilities.

   c. All Mississippians have access to current technology resources through libraries.

   d. All Mississippians have access to quality library resources.

   e. The Library Commission achieves the highest quality standards for effective

   and efficient internal management and fiscal integrity.

   C. Services. State law provides that the Library Commission may provide advice to help

   establish and strengthen libraries; may circulate library materials; may use funds other than

   its own appropriation to establish or improve library services in the State; may publish

   information it deems necessary; may conduct library continuing education; may adopt rules

Mississippi Library Commission 2 Revised 052411

and regulations relative to the allocation of State aid funds to public library systems; shall annually prepare a report on the status of all libraries in the State; and shall annually report to the Legislature on the work of the Commission, as prescribed by §39-3-107.

The Library Commission may provide assistance to all schools, public and other libraries. However, because the Mississippi Department of Education and the Institutions of Higher Learning have authority over school and academic libraries and because all State grant funds are appropriated for public library services, the Library Commission focuses activities on public libraries, while engaging in cooperative activities with other types of libraries.

An agency of state government, the Library Commission serves:

1. Library community - directly, through a specialized collection and services.
2. State government, including members of the Legislature, state officials, state agencies, and state employees - directly, through a specialized collection and services.
3. Mississippi residents with visual or physical impairments which prevent the reading of standard print - directly, through a specialized collection and services.
4. Intellectual property researchers - directly, through a specialized collection and resources.
5. General public - directly, through a specialized collection; and indirectly, through the state’s libraries.

D. Governance. The Board of Commissioners, hereinafter referred to as “the Board", is the governing body of the Library Commission. The Board adopts policies as are deemed necessary for the operation of programs and services provided by the Library Commission as prescribed in §39-3-103.

The Board elects an Executive Director, who shall have a master’s degree in library science from a school accredited by the American Library Association and experience as a library administrator. The term of office of the Executive Director is for four-year periods, unless, for good cause shown, the Board removes the Executive Director. The Executive Director is responsible for all general administrative duties incident to carrying on the work of the Library Commission.

Part 110 Board of Commissioners

Chapter 1 Bylaws of the Board

16 Miss. Admin. Code Pt. 110, R. 110.1.1 Membership

Appointments to the Board are made by the governor in accordance with §39-3-101. Membership consists of two members at large, one librarian with a master’s degree in library science from a school accredited by the American Library Association, one public library trustee, and one representative, the president or her designee from the Mississippi Federation of Women’s Clubs. A. Terms of Office. Members shall be appointed for five-year, staggered terms. Each member will hold office until his or her successor is appointed or the member’s death or resignation.

B. Compensation. Board members receive no compensation other than actual traveling expenses incurred while on business for the Library Commission as required by §39-3-105.

C. Vacancies. Vacancies shall be filled by gubernatorial appointment for the unexpired term.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 110, R. 110.1.2 Officers and Duties

Nomination and Election of Officers - The Board shall annually elect officers, Chairperson, Vice-Chairperson, and Secretary, nominated by a committee appointed by the Chairperson. No member shall serve more than one (1) consecutive year as chairperson. A. Chairperson. The Chairperson presides at all Board meetings; executes all documents authorized by the Board; calls special meetings or reschedules a regular meeting; appoints ad-hoc committees; represents the Library Commission and the Board as required; exercises and performs such other powers and duties as necessary to carry out Board responsibilities; and, in general, performs all duties incident to office of Chairperson.

B. Vice Chairperson. The vice chairperson serves in the absence of a Chairperson, performing all duties of Chairperson; perform such other duties as may be prescribed by the Chairperson or the Board.

C. Secretary. The secretary shall keep a true and accurate record of Board meetings and may be assisted by the Executive Director or a designated staff member of the Library Commission. Minutes shall be kept in accordance with §25-41-11.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 110, R. 110.1.3 Meetings

A. Open Meetings. All meetings of the Board shall be conducted in compliance with the Mississippi Open Meetings Act, codified in §25-41-1 to §25-41-17. Any member of the public may attend Board meetings. B. Persons with Disabilities. The Board shall hold all meetings in buildings accessible to persons with disabilities. Persons with disabilities wishing to participate who require auxiliary aids and services such as interpreters, note takers, readers, Braille materials or large print materials shall contact the Library Commission at least five (5) working days prior to the meeting. C. Regular Meetings. The Board shall meet at least six (6) times per year, or upon call by the Chairperson. Regular meetings of the Board shall take place on the fourth Tuesday of the month, at the Library Commission building unless otherwise predetermined by the Board. D. Notice. Notice of all meetings shall be consistent with the Open Meetings Law and other applicable statutes.

E. Order of Business. The Executive Director and the chairperson of the Board shall set the order of business for regular meetings of the Board. Board members may decide that a point of business is necessary and place that point of business on the agenda without prior notice.

F. Special Called Meetings. The Board Chairperson or a majority of Board members have the authority to call a special meeting of the Board. 1. Notice - Notice and conduct of said meetings shall be consistent with the Open Meetings Law and other applicable statutes.

2. Order of Business - No business shall be transacted at a called special meeting except that mentioned in the notice of the meeting.

G. Teleconference or Video Meetings. The Chairperson shall decide, at least seven (7) days prior to the proposed meeting date, on conduct of a Board meeting via teleconference or video.

H. Notice and conduct of said meeting shall be consistent with the Open Meetings Law and other applicable statutes. I. Executive Sessions. Executive sessions shall be called as prescribed in §25-41-7. The reasons for entering executive session shall conform to those given in §25-41-7.

J. Quorum. A majority of the Board members, three (3), or more constitutes a quorum at all meetings of the Board and shall be necessary for the purposes of voting or taking action. Where no vote is needed and no action is required, those members present may receive information and discuss matters of business.

K. Board Actions. An act on the part of the majority at which a quorum is present shall be the act of the Board unless statute requires action by a greater number. The method of voting

Mississippi Library Commission 3 Revised 052411

shall be by voice vote unless any one (1) member of the Board requests a roll call vote. In the event of a Board meeting conducted via teleconference/video means shall be recorded by name in roll-call fashion and recorded in the minutes.

L. Parliamentary Authority. Robert’s Rules of Order, latest revised edition, shall govern the parliamentary procedure of the meetings. Rules may be relaxed by the Chairperson with no objection from Board members.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 110, R. 110.1.4 Conduct of Persons Attending Meetings

A. Any person attending a meeting of the Board shall act in a courteous, professional manner. The authority of the chairperson of the Board shall be observed.

B. Public Participation in Board Meetings. 1. Requests to Place Business on the Agenda - Persons may request to place specific business on the agenda by making a written request to the Executive Director. The request shall be specific about the issue or topic of business. The request and any relevant data shall be received at least ten (10) working days prior to a scheduled Board meeting so that Board members have adequate time to receive and evaluate the material.

2. Public Comments - Persons wishing to make brief comments at a Board meeting shall register on a Public Comments sheet which is available prior to the start of each Board meeting and state the topic to be addressed; be acknowledged by the Chairperson; and limit remarks to two (2) minutes.

3. Presentations to the Board - Persons wishing to make formal presentations before the Board shall submit a written request to the Executive Director not less than ten (10) days prior to a scheduled Board meeting. Presentations shall be allowed at the discretion of the chairperson. The chairperson may impose limits on the length of time each person may speak. Members of the public attending a Board meeting shall have no standing in the conduct of the business of the Board.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 110, R. 110.1.5 Committees

A. Standing Committees. The Chairperson may appoint Board members to ad hoc committees to support various Board activities and responsibilities. Responsibilities and powers of such committees may be established, changed, or disposed of at any time by an affirmative vote of the Board.

B. Other Committees. Other committees to undertake special projects may be established by the Board. Committee members may be appointed and removed by the chairperson. Staff members may be appointed to assist other committees of the Board.

Mississippi Library Commission 4 Revised 052411

C. Committee Authority. Committees shall have only advisory power.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Part 120 Organization and Operations of Agency

Chapter 2 Public Meeting Facilities

16 Miss. Admin. Code Pt. 120, R. 120.2.1 Use of Public Meeting Facilities

A. The Library Commission’s public meeting facilities are primarily intended for functions sponsored by the Library Commission. When not needed for Library Commission functions, the public meeting areas may, at the discretion of the Library Commission, be used by other state agencies.

B. Reservations. Reservations shall be made by completing and submitting an application to the Executive Director’s Office or a designee of the Executive Director no more than three (3) months in advance of the meeting. The Library Commission has the right to determine if the request for space shall be honored and, if so, to determine the meeting area that shall be reserved for the requesting agency. In the event of an emergency, the Library Commission may cancel a reservation giving the requesting agency as much notice as possible.

Mississippi Library Commission 2 Revised 052411 C. Accessibility. The Library Commission facility is physically accessible to persons with disabilities. Other accommodations needed for persons with disabilities shall be the responsibility of the agency scheduled to use the facility.

D. Smoking and Other Tobacco Products. The use of tobacco products is not permitted inside the Library Commission facility. A specific area outside the building shall be designated as a smoking area.

E. Special Arrangements. The Library Commission has limited equipment that may be used for meetings. The scheduled group may request the use of and reserve this equipment when making reservations for a meeting area. Any other special arrangements should be requested and arranged for when reserving the meeting area.

F. The scheduled group must adhere to usage guidelines and must allow the Library Commission to present, at the beginning of the meeting, a brief (five [5] to ten [10] minutes) welcome and overview of library services available to attendees.

G. The scheduled group is responsible for cleaning up after the meeting; failure to return the meeting room to the former condition may prevent the group from using Library Commission meeting rooms in the future.

H. Liability. The scheduled group shall assume responsibility for any theft and/or damage to meeting area or contents.

I. Disclaimers. Use of Library Commission meeting facilities does not constitute an endorsement of the beliefs of the group, or the actions of the group by the Board or the Library Commission. The Library Commission shall not be responsible for any equipment, supplies, materials, clothing, or other items brought by any agency or individual attending a meeting in the Library Commission. The Library Commission assumes no liability for agencies or individuals attending a meeting at the Library Commission.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 120, R. 120.2.2 Displays and Informational Materials in Public Areas

A. The Library Commission may, at its own discretion, provide exhibits to be viewed by the general public. The Library Commission may make space available in the building for the display of brochures, informational material, and other materials of general interest provided by other state agencies.

B. Requests to display materials must be made to the Executive Director’s Office or a designee of the Executive Director. No poster, pamphlet, brochure, leaflet, or booklet, shall be exhibited, displayed, or placed in the Library Commission without prior permission.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Part 130 Public Participation

Chapter 1 Proceedings

16 Miss. Admin. Code Pt. 130, R. 130.1.1 Formal Proceedings

A. Board Meetings. All regular and called special meetings of the Board are considered formal proceedings. Administrative rulings of the Board are final and binding unless overturned by a court of competent jurisdiction. Persons wishing to place specific business on the agenda of a Board meeting, to make public comments at a Board meeting, or make a formal presentation before the Board shall comply with the rules set forth in Bylaws of the Board.

B. Reconsideration Hearings. Reconsideration hearings are formal proceedings conducted by the Executive Director or a designee of the Executive Director at the request of an individual to reconsider certain actions which have been taken by the Library Commission. Requests for reconsideration must be made no later than thirty (30) calendar days after the agency action in question has been taken. 1. Form of Request - Requests for a reconsideration hearing shall be submitted in written form to the Executive Director by certified mail. The request and any envelope shall clearly state that it is a request for a reconsideration hearing. The request shall be dated and include the original signature, mailing address, and telephone number of the individual(s) making the request.

2. Content of Request - The request must include: a clear identification of the decision to be reconsidered; a full, complete, and accurate statement of all facts relevant to reconsideration of the decision; any relevant written documents; a statement as to whether the individual intends to conduct an on-the-record hearing; and the name of the spokesman appointed, if the request involves more than one individual.

3. Procedure After Request Is Received - A reconsideration hearing shall be held during regular business hours of the Library Commission within thirty (30) calendar days of the date of receipt of the request. The Executive Director shall provide reasonable notice to the requesting individual as to the day, hour, and location of the hearing; shall inform the requesting individual of the right to be represented by counsel; and shall inform the requesting individual of the right to an on-the-record hearing at the expense of the individual.

4. Conduct of Hearing - The hearing shall be held before the Executive Director or such member or members of a review panel as the Executive Director designates. During the hearing the Executive Director or designee(s) shall direct questions only to the spokesperson. No indication of decision may be given at the time of the hearing.

5. Notice of Decision - The Library Commission shall notify the requesting individual in writing of the decision rendered by the Executive Director or designee within ten (10) working days of the hearing.

Mississippi Library Commission 2 Revised 052411

6. Appeals - If the decision rendered by the Executive Director as a result of the reconsideration hearing is not satisfactory to the requesting individual, the individual may submit a written appeal of the decision to the Executive Director for consideration by the Board. The appeal must be made within ten (10) working days of receipt of the reconsideration hearing decision.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 130, R. 130.1.2 Informal Proceedings

The Library Commission provides the public with opportunities to participate and provide input into its operations through various and sundry informal proceedings, including constituent meetings, advisory groups, public hearings, and requests for public comment. Informal proceedings are of an advisory or informational nature only and are not binding on the Library Commission or the Board.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Part 140 Rule Making

Chapter 1 Introduction – Declaratory Opinions

16 Miss. Admin. Code Pt. 140, R. 140.1.1 Requests for Declaratory Opinions

A. Scope of Rules. These sections set forth the Library Commission’s rules governing the form and content of requests for declaratory opinions, and the Library Commissions procedures regarding the requests, as required by §25-43-2.103 of the Mississippi Code of 1972, Annotated.

B. Requestors. Any person with a substantial interest in the subject matter may make a written request for a declaratory opinion by following the specified procedures. “Substantial interest in the subject matter” means that the interest must be direct, immediate, and not remote in consequence. A “substantial interest” is one which surpasses the common interest of all citizens.

C. Matters Addressed. A declaratory opinion is intended to clarify a statute or rule or interpret how the statute or rule would apply in a particular situation. The Board may issue declaratory opinions regarding subject matters which are within the primary jurisdiction of the Library Commission. Subject matters within the primary jurisdiction of the Library Commission include the applicability of specified facts to a statute administered or enforced by the Library Commission or a rule promulgated by the Library Commission.

D. Matters Not Addressed: Circumstances in Which Declaratory Opinions Will Not Be Issued. The Board may, for good cause, refuse to issue a declaratory opinion. Without limiting the generality of the foregoing, the circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to: 1. Matter is outside primary jurisdiction of Library Commission. 2. Lack of clarity concerning question presented. 3. Pending or anticipated litigation, administrative action, or other adjudication before an agency, administrative tribunal, or court which may either answer question presented or otherwise make answer unnecessary. 4. Statute, rule, or order on which a declaratory opinion is sought is clear and not in need of interpretation to answer question presented. 5. Facts presented in request are not sufficient to answer question presented. 6. Request fails to contain information required by rules or requestor failed to follow procedure set forth in rules. 7. Request seeks to resolve issues which have become moot, or are abstract or hypothetical such that requestor is not substantially affected by rule, statute or order on which declaratory opinion is sought.

Mississippi Library Commission 2 Revised 052411 8. No controversy exists concerning issue as requestor is not faced with existing facts or those certain to raise question concerning application of statute, rule, or order. 9. Question presented by request concerns legal validity of statute, rule, or order. 10. Requestor has not suffered injury or threatened injury fairly traceable to application of statute, rule, or order. 11. No clear answer is determinable. 12. Question presented involves application of criminal statute or facts which may constitute crime. 13. Answer to question presented would require disclosure of information which is privileged or otherwise protected by law from disclosure. 14. Question presented is subject of pending or issued Attorney General’s opinion request. 15. Such opinion would constitute unauthorized practice of law. 16. Such opinion may adversely affect interests of State, Library Commission, or officers or employees in any litigation which pending or may reasonably be expected to arise.

E. Circumstances for Referral of Declaratory Opinions. Where a request for a declaratory opinion involves a question of law, the Library Commission may refer the matter to the Office of the Attorney General.

F. Form of the Request. 1. Written Requests Required. Requests for a declaratory opinion shall be submitted in written form to the Executive Director by certified mail. The written request and the envelope must be plainly marked “Request for Declaratory Opinion.” The request shall be dated and include the original signatures, mailing addresses, and telephone numbers of the individual(s) making the request.

2. Content of Request. The request must be limited to a single transaction or occurrence and shall contain the following: a. Clear identification of statute, rule, or order at issue; b. Concise statement of issue or question presented for declaratory opinion; c. Full, complete, and accurate statement of all facts relevant to resolution of question presented; d. Statement sufficient to show that person seeking relief is substantially affected by rule.

G. Procedure for Receipt of Request for Declaratory Opinion. Requests for a declaratory opinion shall be considered by the Board at the next regularly scheduled meeting, provided that the request is received not less than fifteen (15) working days prior to the meeting. Notification shall be provided to the requesting individual concerning the date, time, and place for consideration of the request for declaratory opinion. In the event a request is not received at least fifteen (15) working days prior to a regularly scheduled Board meeting, the Board shall hold a special meeting within forty-five (45) days of the receipt of the request, at which meeting the Board shall either: issue an opinion; decline to issue an opinion; or agree to issue an opinion no later than ninety (90) calendar days after receipt of the request, as required in §25-43-2.103(3). If the Board, in its sole discretion, deems it necessary or helpful

Mississippi Library Commission 3 Revised 052411 in determining any issue concerning a request for declaratory opinion, the Board may, with reasonable notice, provide requestors an opportunity to present testimony at the Board meeting. The mailing of notices ten (10) days prior to the meeting shall constitute reasonable notice.

H. Public Access to Requests and Declaratory Opinions. Declaratory opinions of the Board shall be announced in writing with a copy mailed promptly to each requestor. Declaratory opinions and requests for declaratory opinions of the Board shall be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests shall be indexed by name and subject. Declaratory opinions and requests which contain information that is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws shall be exempt from this requirement and shall remain confidential.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Part 150 Public Access to Information

Chapter 2 Public Records

16 Miss. Admin. Code Pt. 150, R. 150.2.1 Mississippi Public Records Act of 1983

Found in §25-61-1 to §25-61-17, is hereby adopted and incorporated by reference. Unless exempted by §25-61-9, §25-61-11, §39-3- 365, or in this section, all public records held by the Library Commission are hereby declared to be public property, and any person shall have the right to inspect, copy, or mechanically reproduce or obtain a reproduction of any such record in accordance with the procedures outlined below.

Records furnished to the Library Commission by a third party, unless declared exempt in this section, shall also be released in accordance with these rules. A third party shall be notified of public records requests impacting the records of the third party.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 150, R. 150.2.2 Exemptions to Public Records Act of 1983

The availability of all records in the possession of the Library Commission shall be subject to the following limitations: A. Personnel records and applications for employment and letters of recommendation for employment in the possession of the Library Commission, except those which may be released to the person who made the application or released upon the prior written consent of the person who made the application, shall be exempt from the provisions of the Act. (§25-1- 100).

B. Test questions or answers which are used in employment examinations and in the possession of the Library Commission except that which may be released to the person who made the application or released upon the prior written consent of the person who made the application, shall be exempt from the provisions of the Act. (§25-1-100)

C. Records which represent and constitute the work product of any attorney, district attorney or county prosecuting attorney representing the Library Commission and which are related to litigation made by or against the Library Commission, or in anticipation of prospective litigation, including all communications between such attorney made in the courses of an attorney-client relationship shall be exempt from the provisions of the Act. (§25-1-102)

Mississippi Library Commission 2 Revised 052411

D. Records in the possession of the Library Commission which would disclose information about a person’s individual tax payment or status shall be exempt from the provisions of the Act. (§27-3-77)

E. Appraisal information in the possession of the Library Commission which concerns the sale or purchase of real or personal property for public purposes prior to public announcement of the purchase or sale, where the release of such records could possibly have a detrimental effect on such sales or purchases shall be exempt from the provisions of the Act. (§31-1-27)

F. Test questions and answers in the possession of the Library Commission which are to be used in future academic examinations and letters of recommendations respecting admission to any educational agency or institution, shall be exempt from the provisions of the Act. (§37-11-51)

G. Records in the possession of the Library Commission which contain information about the location of any specific archaeological site and which in the opinion of such agency possessing such records, would, upon the disclosure thereof, create a substantial risk of damage or destruction to the historical value of such archaeological site or create a substantial risk of damage or destruction the private property rights, shall be exempt from the provisions of the Act. (§39-7-41)

H. Records in the possession of the Library Commission which are not otherwise protected by law, that (1) are compiled in the process of detecting and investigating any unlawful activity or alleged unlawful activity, disclosure of which would harm such investigation; (2) would reveal the identity of informants; (3) would prematurely release information that would impede the Library Commission’s enforcement, investigation or detection efforts in such proceedings (4) would disclose investigatory techniques; (5) would deprive a person of a right to a fair trial or impartial adjudication; (6) would endanger the life or safety of any Library Commission personnel; (7) are matters pertaining to quality control or PEER review activities, shall be exempt from the provisions of the Act. (§45-29-1)

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 150, R. 150.2.3 Procedures for Requesting Access to Records

Public access to Library Commission non-exempt records shall be governed by the following procedures: A. Individuals desiring to obtain access to public records information held by the Library Commission should make a written request, signed by the individual or duly authorized agent, either by mail to the Executive Director or in person at the Library Commission offices during normal working hours.

Mississippi Library Commission 3 Revised 052411

B. Requests for public records shall be received and the request acted upon during the regular business hours.

C. The written request and the envelope must be plainly marked “Request for Public Records.” Failure to so mark the request may delay the Library Commission’s response.

D. The written request shall describe in reasonable detail the records sought. The request should include, if possible, a description of the type of records, dates, title of a publication, and other information which may aid in locating the records.

E. The written request shall: 1. Specify whether requestor proposes to access record by inspection or copying. 2. State date and time for proposed activity. 3. State number of persons scheduled to participate. 4. Provide name, address, and home and office telephone number of requestor.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 150, R. 150.2.4 Production of Records or Denial of Access

The Executive Director shall determine whether records sought are exempt and shall either produce records or access to records or deny access to or production of records sought within seven (7) working days of receipt of request.

If Executive Director determines that records requested are exempt or privileged under law, the Executive Director shall deny request and send requesting individual a statement of specific reasons for denial. Where possible, nonexempt material shall be separated from exempt material and only exempt material shall be withheld. (§25-61-9) Such denials shall be kept on file for period of three (3) years and be made available for inspection and/or copying during regular working hours by any person upon written request. (§25-61-5)

Individuals provided access to records may do so within normal working hours, in Library Commission offices, and under supervision of agency staff member. Records which an individual wishes to have copied shall be marked by the individual, and the staff member shall attend to reproduction of documents. No records, only reproductions, shall leave building.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 150, R. 150.2.5 Appeal of a Denial

In the event a public records request is denied, the requesting individual may appeal the decision using the following procedures: A. A requesting individual has thirty (30) calendar days from receipt of the Library Commission’s response to appeal the denial.

B. The appeal shall be submitted in writing to the Executive Director for consideration by the Board for a final administrative determination.

Mississippi Library Commission 4 Revised 052411 C. The appeal should contain a copy of the original request, the denial, and the justification for reconsideration.

D. The appeal and the envelope shall be plainly marked “Public Records Appeal.” Failure to so mark the appeal may delay the response from the Board.

E. The Board shall issue a written decision granting or denying the appeal within sixty (60) working days after receipt of the appeal unless, after showing good cause, the Board extends the sixty (60) day period. If the appeal is granted, the procedures outlined in “Procedures for Requesting Access to Public Records” shall be initiated. If the appeal is denied, in whole or part, the decision shall set forth reasons for the denial.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 150, R. 150.2.6 Reference Requests as Public Records Requests

As a resource library with a large bibliographic collection, the Library Commission routinely receives reference requests for information. On occasion, a request submitted as a reference request is actually a public records request. In such cases, the following procedure shall be initiated: A. The reference request in question shall be referred to the Executive Director for review and validation of the public records issue.

B. Upon validation that the reference question is actually a public records request, the reference question shall be returned to the requestor with instructions as to how to resubmit the question as a public records request.

C. The individual resubmitting the reference request as a public records request shall be required to follow the procedures outlined in “Procedures for Requesting Access to Public Records.”

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 150, R. 150.2.7 Costs Reimbursement

The Library Commission hereby establishes a schedule of costs reimbursement to cover the agency’s costs associated with searching, reviewing, overseeing, duplicating and if applicable, mailing copies of public records. Fees shown herein are subject to change. (§25-61-7)

A. Reimbursement schedule: 1. No charges, except for packing/handling fees, shall be applied for searching, reviewing and/or duplicating public records if query requires one (1) hour or less or if number of copies required is thirty (30) pages or less. 2. If query requires more than one (1) hour, $10.00 per hour per person may be charged for searching, reviewing, and/or duplicating public records. Any part of an hour spent in such activities shall be charged at full hourly rate. 3. If query requires more than one hundred (100) pages of copies, $0.15 per page shall be charged for each copy. Copies of pages printed on both front and back shall be considered as two pages for copy charge purposes.

Mississippi Library Commission 5 Revised 052411 4. $5.00 packing/handling fee shall be charged on all requests for copies of public records to be shipped or mailed. 5. Costs shall be calculated at applicable rate for each such mailing. If request involves notice to be given to third party, cost of mailing such notice via certified mail return receipt requested shall be charged to person requesting records. 6. Prior to complying with request for public records, Library Commission shall estimate anticipated time and associated charges that may be required and notify the requestor. The requesting individual shall pay the Library Commission estimated charges, according to reimbursement schedule. If actual costs exceed estimated costs, the individual shall remit difference prior to Library Commission releasing public records. Cost reimbursements shall apply even if search is unproductive.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Part 160 Library Services

Chapter 1 Collections – Scope

16 Miss. Admin. Code Pt. 160, R. 160.1.1 Collection Development Policy

A. Intellectual Freedom. The library is historically understood to be an unbiased repository for the recorded expression of human thought. It must, therefore, accept responsibility for providing access by the public to all points-of-view contained therein. The addition of an item to the collection does not represent an endorsement by the Library Commission of any theory, idea, or policy contained in the item. The Library Commission collection strives to represent differing sides of controversial issues to the extent that budget constraints, space limitations, and availability of materials allow. The race, religion, gender, nationality, or political views of an author, individual, or group in the community shall not result in items being automatically included in or excluded from the collection. The Library Commission

Mississippi Library Commission 2 Revised 052411 subscribes to the principles of the American Library Association’s “Library Bill of Rights” and “The Freedom to Read” and “Freedom to View” statements.

B. Acquisition of Materials. 1. Primary Resource Collection - The Library Commission acquires library materials through purchases and gifts. The Board is authorized by §39-3- 111 to accept in the name of the State gifts of books, periodicals, or other property for the purpose of promoting the work of the Library Commission. Selections of library materials are made by professional staff designated by the Executive Director. Selection of library materials is based on scope, need, format, purchase price, storage cost, efficiency and effectiveness in imparting information, and suitability for use by staff and eligible users. Selectors take into consideration critical evaluations in review media, journals, and standard bibliographies, as well as the selector’s knowledge of the collection of the Library Commission and other libraries, communities served, and existing library and information resources.

State documents shall be deposited with the Library Commission in accordance with §25- 51-1 to 25-51-7, which designates the Library Commission as the State depository for the publications issued by any State government agency for public distribution and requires all agencies of State government to furnish copies of public documents to the Library Commission. Acquisition of Patent and Trademark Depository items shall follow the requirements established by the U.S. Patent and Trademark Office.

Materials donated to the Library Commission shall be added to the collection only in accordance with the general collection policy.

2. Blind and Physically Handicapped Collection - The Library Commission acquires materials, at no charge, through the Library of Congress, National Library Service (NLS) for the Blind and Physically Handicapped program. Other formats not provided by NLS or acquired through purchases and gifts follow the Library Commission acquisition guidelines established for the Primary Resource Collection in Section II.A.2.b.1.

C. Disposal of Materials. Disposal of library materials shall be undertaken by the Library Commission only as a means of strengthening and benefiting the mission of the Library Commission. The materials to be disposed of and the method for disposition of the deaccessioned materials, including donation, recycling, destruction, or transfer to another State agency, shall be determined by a staff member designated by the Executive Director. Library materials w hich are no longer needed to meet Library Commission program objectives shall be removed from the collection. When such materials are appropriate to the needs of other publicly-funded libraries in the State such materials shall be transferred to such libraries.

Materials on deposit with the Library Commission shall be disposed of in accordance with the rules of the depositing authority.

Mississippi Library Commission 3 Revised 052411 The Library Commission assumes unconditional ownership of donated materials and may, at its own discretion, dispose of both donated materials and materials purchased with donated funds.

D. Requests for Reconsideration of a Selection. Individuals desiring reconsideration pertaining to a specific selection may submit a Library Commission “Request for Review of Library Materials Form” by mail to the Library Commission. The Executive Director shall review the reconsideration request and notify the requesting party of the decision within thirty (30) working days of the receipt of the request. If the decision rendered by the Executive Director is not satisfactory to the requesting party, an appeal may be submitted to the Executive Director for consideration by the Board for a final administrative determination.

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

Chapter 2 Users

16 Miss. Admin. Code Pt. 160, R. 160.2.1 Targeted Clientele

The collection of the Library Commission is developed to meet the needs of targeted clientele — the library community; State government; individuals with visual impairments and physical disabilities; and individuals researching intellectual property. A. Library Community. Other Mississippi libraries, library science students, and library organizations are targeted users of the Library Commission collection. A wide range of resources is maintained to assist the practicing librarian and to support library development. In accordance with §39-3-359 the Library Commission, “shall be the primary resource library for Mississippi public libraries; shall develop its collection accordingly; and shall provide services to libraries within the funds available and in keeping with the goal of efficient use of library resources in the State.”

B. State Government. Employees and officials of Mississippi state government are targeted users of the Library Commission collections for job-related purposes.

C. Individuals with Visual or Physical Impairments - The Blind and Physically Handicapped Collection serves as the state’s public library for people with certain visual impairments and physical disabilities which prevent the reading of standard printed material. Individuals who have been certified as eligible by meeting one of the federal requirements for service have direct access to the Blind and Physically Handicapped resources and services of the Library Commission. Certifying authorities must meet guidelines established by the Library of Congress, National Library Service for the Blind and Physically Handicapped.

D. Intellectual Property Researchers - Inventors, attorneys, researchers, and other individuals seeking patent and trademark information are targeted users. Specialized print and online resources are available to support the research needed in preparation for applying for a patent or trademark. Specialists are available to provide users with an orientation to the research process and to the necessary resources.

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.2.2 General Public

Members of the general public who are Mississippi residents access library services primarily through the state’s network of libraries. The Library Commission is a state agency with specialized collections designed to serve the library community, state government, eligible individuals with visually impairments and physical disabilities, and intellectual property researchers. Although not targeted users of the Library Commission, members of the general public may access the collections of the Library Commission directly in person, or indirectly through interlibrary loan at libraries statewide.

Part 160 Chapter 3. Usage Policies

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.3.1 User Registration and Access to Collection

A. Library Community. All libraries, including public, academic, institutional, school, and special libraries, are eligible for service. Staff of libraries checking out Library Commission materials in person on behalf of a local library must present a local library card in the name of the borrowing library. At the request of a library director, the Library Commission shall issue a Library Commission card in the name of the borrowing library. Libraries new to the services of the Library Commission must submit an application for a Library Commission card. An individual possessing signatory authority for the library must sign the application, accepting responsibility for materials borrowed.

B. State Government. Employees and officials of Mississippi State government are issued Library Commission cards to access the specialized services of the Library Commission which are provided to State government. Individuals must complete an application to the Library Commission to obtain a Library Commission card. Library Commission staff may confirm employment with the State agency prior to issuing or renewing a Library Commission card. State employees are required to notify the Library Commission in the event of a change of employers or departure from State service. The Library Commission provides specialized services to state employees. C. Individuals with Visual or Physical Impairments. 1. Access to Blind and Physically Handicapped Collection - Access to the Library Commission’s Blind and Physically Handicapped Collection is limited to: those individuals, regardless of age, who have completed the federal registration form certifying that the individual meets at least one of the requirements set forth by NLS; and institutions which have completed the federal registration form certifying that the institution serves individuals, regardless of age, who meet at least one of the requirements set forth by NLS.

Persons desiring in-person access to materials shall present a valid photo identification to allow Library Commission staff to verify prior registration.

2. Access to Large Print Direct Mail and Descriptive Video Service - Registered Blind and Physically Handicapped Collection users may access the descriptive video and large print

Mississippi Library Commission 5 Revised 052411 direct mail service of the Primary Resource Collection by completing an application. A Library Commission card will not be issued unless requested by the user. Users desiring in-person access to large print materials and descriptive videos shall present a valid photo identification to allow Library Commission staff to verify that the individual is a registered user. Non-large print materials borrowed by users of the Large Print Direct Mail Service will not be mailed by the Library Commission and must be returned to the Library Commission at the borrower’s expense.

D. Intellectual Property Researchers. Intellectual property researchers may utilize the resources of the Patent and Trademark collections on the Library Commission premises without obtaining a Library Commission card. Researchers wishing to check out patent related materials must obtain a Library Commission card following the same requirements as set forth for the general public. Children ages sixteen (16) and under must be accompanied by an adult unless special arrangements have been made in advance.

Patent and trademark research library staff offer a thorough orientation to the research process but are strictly prohibited from interpreting intellectual property law, offering legal advice, or performing patentability searches or trademark registration searches for users.

E. General Public. Members of the general public must obtain a Library Commission card to check out materials. 1. Adults - Individuals age seventeen (17) and over who are registered borrowers in good standing from any Mississippi public library system may obtain a Library Commission card. A valid local library card from a Mississippi public library, issued in the same name, and another form of photo identification must be presented at the time application is made for a Library Commission card. The Library Commission reserves the right to contact the issuing public library to verify standing. 2. Children - Children age sixteen (16) and under must be accompanied by an adult when using the resources of the Library Commission unless special arrangements have been made in advance. Children, with the exception of children who are eligible users of the Blind and Physically Handicapped Collection, are not allowed to check out materials.

F. Remote Access to Select MAGNOLIA Databases. The Mississippi Alliance for Gaining New Opportunities through Library Information Access (MAGNOLIA) is a statewide consortium funded by the Mississippi State Legislature which provides online databases for Mississippi’s publicly-funded K-12 schools, public libraries, community college libraries, and university libraries. Individuals may search the databases in libraries across the State or at the Library Commission. Select databases are available from home or office computers using a password. Passwords may be obtained at a local library. A registered user of the Library Commission may obtain a password from the Library Commission.

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.3.2 Loans from Collections and Restrictions

In the interest of equitable access to materials/formats, the Library Commission reserves the right to limit the maximum number of materials loaned to a user and the types of materials to be loaned.

Mississippi Library Commission 6 Revised 052411 A. Loan periods for library materials from the Primary Resource Collection of the Library Commission shall be determined based on material type, format, and user class.

B. Loan periods and other parameters for materials from the Blind and Physically Handicapped Collection shall follow the procedures and guidelines for service set forth by National Library Service (NLS). Loan periods for Blind and Physically Handicapped Collection materials not provided by NLS shall be determined based on material type and format.

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.3.3 User Responsibilities

A. Presentation of Library Card or Identification. Individuals wishing to borrow Library Commission materials in person must present a valid Library Commission card. Presentation of a valid local library card or other photo identification may also be required for specialized services. Users desiring to borrow materials from the Blind and Physically Handicapped Collection, in person, must show valid photo identification in order to verify registration or certification of eligibility.

B. Timely Return of Materials. Library Commission users are responsible for the timely return of materials borrowed. The Library Commission may establish a schedule of daily fines and a maximum total fine for overdue materials loaned to state government users, intellectual property researchers, and the general public. Such fines may vary by material type. The Library Commission reserves the right to reduce or waive charge under special circumstances, including an “act of nature” such as a fire, flood, or tornado. Individuals with overdue materials may not borrow additional material until overdue materials are returned and fines have been paid in full.

In accordance with NLS guidelines, no fines are levied for Blind and Physically Handicapped overdue materials. Users accept responsibility for returning materials according to established loan policies. Users of Blind and Physically Handicapped materials may not lend NLS or network-produced books, magazines, and equipment to non-eligible persons.

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.3.4 Proper Care of Materials

Users are responsible for the proper care and use of materials borrowed from the Library Commission and shall be charged repair or replacement costs in the event of damage to or loss of materials due to negligence. Individuals owing for lost or damaged materials may not borrow additional materials until such charges have been paid in full. Borrowing libraries are expected to pay for lost or damaged materials without regard to the library’s ability to collect from their customer. The Library Commission reserves the right to reduce or waive charges for materials damaged or lost due to special circumstances, including an “act of nature,” such as a fire, flood, or tornado. Documentation of the act of nature may be required before an exemption is granted. The Library Commission cannot refund payments for materials later found and returned.

Eligible users of the Blind and Physically Handicapped Collection who borrow NLS materials accept responsibility for using materials and equipment with reasonable care. In accordance with

Mississippi Library Commission 7 Revised 052411 NLS guidelines, no charges may be levied for the loss or damage of NLS-produced books and equipment. Eligible users who lose or damage materials which were purchased with donated or State funds shall be assessed fees based on the current cost of repairing or replacing the item.

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.3.5 Unauthorized Removal or Mutilation of Materials

Removal of library materials from the library without authorization is prohibited and is subject to legal action. Willful mutilation of library materials is prohibited and is subject to legal action. (§39-3- 303 to 39-3- 313)

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.3.6 Reimbursement for Operational Expenses

Users may access the Library Commission photocopy equipment or printers attached to public computers. Charges may be assessed for photocopying or computer printing in order to cover operational expenses.

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.3.7 Proper Use of Internet

A. Permitted Activities. Individuals may utilize Library Commission public access computers for the purpose of meeting research and information needs.

B. Unauthorized Activities. 1. Prohibited Uses - No email service shall be provided. Library Commission users may not use the public access computers to display, store, or send, by email or any other form of electronic communication such as bulletin boards, chat rooms, or Usenet groups, material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory or otherwise inappropriate or unlawful.

2. Frivolous Use - Users of Library Commission computers have a duty to recognize that computer resources of the Library Commission have finite limits. Users shall not deliberately perform acts that waste computer resources or unfairly monopolize resources to the exclusion of others.

C. Consequences for Misuse. Users who engage in unauthorized Internet activities may be asked to vacate computers and may be barred from future use of resources. Any individual barred from future use may request a reconsideration of the action taken by the Library Commission in accordance with the procedures outlined under “Reconsideration Hearings.”

D. Liability. The Library Commission is not responsible for damages, direct or indirect, or for any liability that may arise from any user’s use of the Internet.

Mississippi Library Commission 8 Revised 052411 Rule 160.3.8 Proper Conduct. A. General Rules of Conduct. 1. All library users are entitled to a clean and safe facility; courteous assistance for knowledgeable staff; reasonable access to library resources; and a quiet research environment.

2. All library users have an obligation to interact courteously with other users and staff; maintain accessibility to library materials by checking out and returning materials properly; maintaining a quiet research environment while in the facility; and abide by the Library Commission Code of Use and Conduct.

3. Library users shall conduct themselves in a manner which enables other users, staff, and themselves to accomplish intended tasks in a safe, pleasant, and orderly atmosphere. Users shall respect the rights of others and to treat the facility and resources with due care.

4. Supervision, behavior, use of resources, and safety of children in the Library Commission is the responsibility of the child’s parent, guardian, or caregiver. Rules of conduct shall be enforced.

5. Agency staff will listen to, and respond when appropriate, to complaints voiced. Staff will take appropriate action when user behavior causes disruption or unreasonable interference in the delivery or receipt of services.

6. Carrying firearms or other items used as weapons on Library Commission property is not permissible except by authorized law enforcement officers.

B. Consequences for Failure to Comply. Failure to comply may result in one or more or the following actions: 1. Individual(s) may be instructed to leave the Library Commission premises. 2. Individual(s) may be immediately suspended from use of the Library Commission resources. 3. Individual(s) may be subject to enforcement by security personnel and/or the police department. 4. Repeated violations of the rules of conduct may result in suspension of services and/or denial of access to the Library Commission. 5. If any person employed by the Library Commission or any person charged with the supervision thereof with reason to believe that any person has committed or has attempted to remove library materials without authorization or to willfully mutilate library materials or if any person is believed to have concealed upon his person or within his belongings any library material, such person may be detained and questioned in a reasonable manner for the purpose of ascertaining whether or not such offense has been committed. (§39-3- 313)

Mississippi Library Commission 9 Revised 052411 Rule 160.3.9 Suspension of Access. In the event a user violates Library Commission policy, access may be suspended by the Library Commission for a period of time, not to exceed six (6) months, after receiving written warning and an opportunity to reply. If, after such a suspension, policies continue to be violated, service may again be suspended. Any suspended individual may request a reconsideration of the action taken by the Library Commission in accordance with Reconsideration Hearings procedures.”

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).
• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).
• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.4.1 Reference Services

The Library Commission’s Primary Resource Collection is specialized and designed to meet the needs of targeted user groups. Reference services are offered based on the specialized resources available. Reference librarians shall be available to assist individuals in using the collections. Reference librarians shall respond to questions which are received in person or by mail, telephone, fax, email, and messaging from State employees and officials, other libraries, and the general public. Staff shall provide in-depth assistance to libraries and State government for job-related inquiries. Staff shall also offer assistance to the general public by providing information in the form of short answers to specific questions or guidance in locating materials. In response to telephone, fax, mail and email inquiries, staff may mail brief printouts or photocopies to the user. The Library Commission will not mail circulating materials directly to the general public. Circulating materials may be checked out in person to eligible users or requested through the interlibrary loan services of a local library.

Reference staff for the Blind and Physically Handicapped Collection shall provide routine, ready reference for registered users and respond to inquiries from libraries, institutions, and interested parties. Ready access to an in-depth print collection, concentrating on the areas of visual impairments and physical disabilities, shall be maintained. When appropriate, questions that cannot be answered by staff shall be referred to another entity.

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

16 Miss. Admin. Code Pt. 160, R. 160.4.2 Interlibrary Loan Services

A. Lending Services. Most materials in the Library Commission’s Primary Resource Collection are available for interlibrary loan to public, university, community or junior college, school, and special libraries. Photocopied materials, including periodical articles and copies from reference materials, are limited to thirty (30) pages from any one source, within copyright restrictions. Such copied material is provided free-of-charge and becomes the property of the requesting library. Libraries which borrow materials from the Library Commission shall bear the cost of return postage and insurance for materials mailed to the Library Commission.

B. Borrowing Services. The Library Commission shall initiate interlibrary loans as needed for state employees and officials. State employees and officials may request interlibrary loan directly from the Library Commission or through the state agency library of the employee or official. Such materials may be picked up at the Library Commission or mailed to a state government work address. Individuals are required to return materials to the Library

Mississippi Library Commission 10 Revised 052411 Commission by the due date and to pay any fines/fees for late, lost, or damaged material assessed by the owning library. If the request is initiated by the state government library, the state government library is responsible for any fines/fees assessed regardless of ability to obtain payment from the requesting employee or official. Failure to comply may result in loss of interlibrary loan privileges.

Interlibrary loan from the Blind and Physically Handicapped Collection provides users with visual impairments and physical disabilities with access to additional titles and copies of materials from other sources. No interlibrary loan charges are assessed for blind and physically handicapped materials and resources. C. Training. 1. Electronic Resources - Search suggestions and brief orientations may be offered to available electronic resources. In-depth Internet and database training is not provided to the general public.

2. Intellectual Property - In-depth orientation to the specialized patent and trademarks databases and search techniques needed to research intellectual property is offered. First- time intellectual property researchers must make an appointment with the patent librarian to schedule an orientation. In accordance with guidelines set forth by the U. S. Patents and Trademarks Office, Library Commission staff cannot perform individual patent or trademark searches.

D. Other. 1. Additional limited training services may be offered to targeted users or the general public.

2. Public Computer Resources - Designated Library Commission public access computers may be used to access the agency’s on-line catalogs, the Internet, and other databases in order to conduct research. A Library Commission card may be required to access public access computers. Users may be required to schedule usage and adhere to time limits established by Library Commission staff. Users shall adhere to the Library Commission’s Internet usage policies.

The Library Commission may make a limited number of laptop computers, with wireless access to the Internet, available for check-out for use only within the Library Commission premises. To check out a laptop computer, an individual must present a valid Library Commission card, must sign a laptop computer borrower agreement, and must present a state-issued photo identification. The borrower agreement acknowledges that the user shall: accept full responsibility for the equipment while on loan, not permanently load any software or save work on the laptop, adhere to the Library Commission’s Internet usage policies stated in section II.D.5, allow library staff to check the condition of the equipment prior to check-in, return the laptop by the due time or upon request of the library staff, agree to pay any fines imposed for late return, and agree to pay for repair or replacement of any equipment that is damaged through neglect or loss while on loan to the user.

Mississippi Library Commission 11 Revised 052411 E. Liability. The Library Commission is not responsible for damages, direct or indirect, or for any liability that may arise from any user’s use of the agency’s library resources.

History

• Source: Mississippi Code of 1972, Annotated §39-3- 107 (Rev. 1988).

Part 170 Library Extension and Development

Chapter 1 Consulting Services and Continuing Education

16 Miss. Admin. Code Pt. 170, R. 170.1.1 Consulting Services

Advice and assistance on matters pertaining to library operations and management may be provided, upon request by a public library system director, library trustee, public official, or library organization. Libraries obtaining extensive consulting services from the Library Commission may be required to enter into a statement of work with the Library Commission outlining the responsibilities of each party.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.1.2 Continuing Education

Training opportunities for the public library community are provided.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.1.3 Continuing Education Unit (CEU) and Contact Hour Credit

Credit may be given for planned learning experiences designed to bring about changes in knowledge, skills, or attitudes which contribute directly to the delivery of quality library services and the competent practice of librarianship. A. Presenting Entities. In order to offer CEUs or contact hours to participants, the entity presenting the training/workshop must obtain prior approval from the Library Commission. The entity must complete and submit a CEU Credit Form to the Library Commission for review and approval by the Executive Director or his/her designee.

B. Participants. To receive CEU or contact hour credits for attending a training workshop, participants must request credits from an approved presenting entity for having satisfactorily completed said training/workshop.

The Library Commission website contains a list of scheduled courses, registration information, and complete information on CEUs and contact hours, including guidelines, instructions, and the CEU Credit Form.

Mississippi Library Commission 2 Revised 052411 Part 170 Chapter 2: MissIN Network

Adhering to the most current ISO standards for organizational security and uses proven network management and security practices, the Library Commission offers Mississippi public libraries access to a wide area network and services called MissIN. The network provides Mississippi public libraries with access to the Internet, standardization of technology platforms, support on technical issues, and flexibility for new technology.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.2.1 Services

MissIN services include, but are not limited to, internet access, help desk support, vendor liaison services, technical consulting, technical assessments, web site hosting, internet protocol addresses, email accounts, web email, email anti-virus and spam filtering, technical blogs/wikis, and an SMS alert network.

MissIN Network Standards and Operational Policies are on the agency website and are applicable to all customers, contractors, temporaries, and other workers and users of the Library Commission’s MissIN network.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.2.2 Participation

Participation by libraries in MissIN is voluntary. Public libraries opting to not participate in MissIN shall notify the Library Commission in writing.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.2.3 Violations

A MissIN customer violating any MissIN rule that a violation has occurred, discuss the violation or violations with the customer, and seek resolution will be notified. In the event of repeated violations or a critical violation, the Library Commission may suspend or revoke a MissIN customer’s network privileges. Any MissIN customer whose network privileges have been suspended or revoked by the Library Commission may request reconsideration in accordance with the procedures outlined under Reconsideration Hearings.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.2.4 Emergency Response

The agency’s internal Network Services Security and Emergency Response Plan, is followed in case of a network outage, security breach, or increase to internet threat levels.

Part 170 Chapter 3. Public Library Statistics.

The Library Commission gathers and reports information on the status of libraries in the State in an Annual Report of Mississippi Library Statistics.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.3.1 Annual Submission of Information

All public libraries shall submit the above described information annually to the Library Commission in a format and at a time prescribed by the Library Commission.

Mississippi Library Commission 3 Revised 052411

Part 170 Chapter 4. Cooperative Programs

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.4.1 Local and Regional Cooperatives

The Library Commission may provide guidance in the development of local and regional multi-library and multi-type library cooperatives under mutually agreed upon terms.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.4.2 Statewide Virtual Union Catalog

The statewide virtual union catalog and interlibrary loan system are library cooperative efforts. Participation requires library systems to adhere to technical standards, agree to loan as well as borrow library materials, and to abide by protocols. Expansion of the system to non-public libraries shall be dependent upon available funds.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.4.3 Interstate Cooperatives

The Library Commission may enter into cooperative programs with other states as allowed by §39-3-201 through 39-3-211 of the Mississippi Code of 1972, Annotated.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 170, R. 170.4.4 Other

The Library Commission may establish agreements with libraries, government agencies, or bodies organized for library purposes, to provide needed services. Such arrangements may include, but are not limited to: use of space to conduct programs; use of staff specialists to conduct training programs or act as special consultants; development of local resources such as compilation of regional holdings of library materials; extension of library support services such as acquisition, cataloging and processing of library materials; implementation of special services; and planning and implementation of regionally based library services.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Part 180 Library Financial Assistance Programs

Chapter 1 Requirements Applicable To All Grant Programs

16 Miss. Admin. Code Pt. 180, R. 180.1.1 Improvement of Library Services

The Library Commission receives federal, State, and other funds which are used to improve library services in the State through services, statewide programs, and grants.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 180, R. 180.2.1 Requirements Applicable to All Grants

All recipients of grants from the Library Commission, from any source of funds, are required to: A. Keep adequate financial records which meet the requirements for grant administration as prescribed by the Library Commission.

B. Submit, within six (6) months following the end of the most recently completed fiscal year, an appropriate audit. C. Submit periodic project-related documentation at such times as are required by and in a form identified by the Library Commission. D. Submit supporting documentation for all requests for funds as required by and in the form identified by the Library Commission. E. Retain all records for five (5) years.

F. Be subject to possible on-site monitoring by Library Commission personnel to verify compliance with State and federal requirements on the grant agreement.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Chapter 3 Federal Programs

16 Miss. Admin. Code Pt. 180, R. 180.3.1 Applicability of Rules

All rules and regulations promulgated as a part of any federal program of which the Library Commission is the recipient of funds shall be applicable to Library Commission programs which are funded wholly, or in part, from federal sources.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Part 183 Library Services and Technology Act

Chapter 1 Overview

16 Miss. Admin. Code Pt. 183, R. 183.1.1 Purpose

LSTA provides funding to stimulate excellence and promote access to learning and information resources in all types of libraries for individuals of all ages. The Library Commission administers and uses LSTA funds to enhance the quality of library services in Mississippi, in accordance with the purposes set forth in the federal legislation.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 183, R. 183.1.2 Eligibility

Eligibility of applicants shall be determined by the Library Commission’s five-year plan for use of Library Services and Technology Act funds.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 183, R. 183.1.3 Process

The Library Commission administers and uses LSTA funds, in any proportion, directly or through competitive and/or non-competitive grants or cooperative agreements in accordance with the principles set forth in the basic guidelines of the agency’s five-year plan for use of Library Services and Technology Act funds. A. When LSTA grants are offered, the Board approves the categories for the grant call.

B. Upon Board approval, the Library Commission publishes and distributes to entities deemed eligible a program manual, (included year’s grant calendar, eligible applicants, targeted project activities, funds availability, application submission requirements and deadlines, and evaluation criteria, etc.).

C. Grant applications are subject to review.

D. The Executive Director makes sub-grant recommendations to the Board based on the review process results, stated funding priorities and limits, and overall goals of the LSTA program.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 183, R. 183.1.4 Requests for Reconsideration

Requests for reconsideration of an award decision shall be made on procedural grounds only. Such grounds include alleged conflicts of interest, unfair or preferential treatment of applications, or procedures not uniformly applied to all applicants. Any applicant affected by an award decision on said grounds may request a

Mississippi Library Commission 2 Revised 052411 reconsideration of the action taken by the Library Commission in accordance with the procedures outlined in Reconsideration Hearings.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Part 185 State Aid Programs

Chapter 1 Personnel Incentive Grants Program (PIGP)

16 Miss. Admin. Code Pt. 185, R. 185.1.1 Uses

Personnel Incentive Grants may be used by accredited public library systems for personnel costs only. A. Personnel costs are defined as base salary and benefits, including federal and State withholding taxes, social security, retirement, worker’s compensation, and unemployment insurance.

B. Life insurance and health insurance premiums are ineligible personnel costs for reimbursement under the Personnel Incentive Grants Program.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 185, R. 185.1.2 Eligibility

To participate in the Personnel Incentive Grants Program, a public library system must be accredited, meeting at least Level A requirements under the Mississippi Public Library System Accreditation Program. In addition, the accredited public library system must annually: A. Maintain effort for local income, total local operating income shall not fall more than 2% below that received in the second preceding year.

B. Maintain compliance with accreditation service measures in eight (8) areas of public library management and operations affecting the delivery of quality library services (Governance, Administration, Funding, Staffing, Collections, Services, Patrons & Community, and Access). The level of achievement of service measures shall be attested to, in writing, by the chairperson of the public library system administrative board of trustees and the director of the public library system as part of a report filed with the Mississippi Library Commission annually.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 185, R. 185.1.3 Process

The Library Commission shall determine a total amount of State funding available for the Personnel Incentive Grants Program and the eligibility of each library system making application for funds. The Board-established formula shall be applied to the available funding to determine the grant amount for each eligible library system.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 185, R. 185.1.4 Waivers

A library system may submit a written request to the Executive Director for consideration of a waiver by the Board of Commissioners in the event the library system is deemed ineligible due to failure to comply with one or more of the maintenance of effort (MOE) requirements. MOE waivers are only granted by the Board of Commissioners under extraordinary circumstances. The decision of the Board regarding a waiver is final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent or not supported by substantial evidence. A. Educational Requirement. 1. Interim Director - The Board may grant a one (1) year waiver to enable a library system administrative board of trustees to employ an interim (temporary) director with at least a bachelor’s degree or five (5) years of library experience. Concurrently, the library system board of trustees shall undertake, in accordance with a written action plan, an active search for a qualified permanent director or a provisional director. At its discretion and only under extraordinary circumstances, the Board may allow a six (6) month extension of the waiver. Compliance with all reporting requirements for the duration of the waiver is mandatory.

For an extension to be considered, library system trustees must make a request in writing and provide supporting documentation of a good-faith, but unsuccessful active search.

2. Provisional Director - The Board may grant a three (3) year waiver to a library system administrative board of trustees when an uncredentialed provisional director is hired provided the individual agrees to, immediately pursue and actively obtain a master’s degree in library science from a school accredited by the American Library Association within the three (3) year waiver period. The provisional director must maintain a 3.0 GPA and successfully complete nine (9) hours of applicable credit each year. Compliance with all reporting requirements for the duration of the waiver is mandatory.

B. Financial Maintenance of Effort Requirement. The Board of Commissioners may grant a waiver if the library system is able to show just cause for having failed to maintain the required level of local income. The Board will not grant a waiver of the maintenance of effort requirement in any case if the library system has not submitted to the Library Commission a copy of an appropriate audit of financial status for the most recently completed fiscal year.

Mississippi Library Commission 3 Revised 052411 B. Purpose. The Library Commission receives an annual General Fund appropriation from the Mississippi State Legislature which contains funding for the purpose of providing group life and health insurance for active public library employees through the “State Employees Insurance Fund.” The program is administered by the Library Commission on behalf of public library employees eligible to receive insurance coverage.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988) Part 185 Chapter 2 Life and Health Insurance Grant Program A. Authority. Mississippi Code, §25-15-15, stipulates the State shall provide annually, through the Library Commission appropriation, funds to pay one hundred percent (100%) of the cost of health insurance and fifty percent (50%) of the cost of life insurance for employees of public libraries in Mississippi.

16 Miss. Admin. Code Pt. 185, R. 185.2.1 Eligibility

All active public library employees working 20 hours or more a week are eligible for life and health insurance coverage. Participating public libraries shall adhere to the policies and procedures concerning life and health insurance coverage as established by the Department of Finance and Administration.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

16 Miss. Admin. Code Pt. 185, R. 185.2.2 Process

The Library Commission shall reimburse public libraries for one- hundred percent (100%) of the cost of health insurance and fifty percent (50%) of the cost of life insurance for eligible public library employees, upon submission of a reimbursement request and appropriate documentation.

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).

Part 187 Other Grant Programs

Chapter 1 Other Funds

16 Miss. Admin. Code Pt. 187, R. 187.1.1 The Library Commission may receive other funds which may be used to improve library services statewide

History

• Source: Mississippi Code of 1972, Annotated §39-3-107 (Rev. 1988).