Fla. Admin. Code Ann. R. 1A-46.001 - Standards and Guidelines for Reports

(1) Purpose. This rule specifies criteria by which the Division of Historical Resources (Division) will review reports of cultural resource activities on federally assisted, licensed or permitted projects; on projects on state owned or controlled property or state assisted, licensed, or permitted projects; and on local projects for which the Division has review authority.

(2) Definitions. The following words and terms shall have the meanings indicated:

(a) "Agency" or "Applicant" means any unit of federal, state, county, municipal or other local government; any corporation, partnership or other organization, public or private, whether or not for profit; or any individual or representative of any of the foregoing proposing undertakings.

(b) "Archaeological fieldwork" means actions undertaken for the purpose of recovering data about or from an archaeological site in order to evaluate and determine National Register eligibility; or to document through archaeological excavation the archaeological site prior to proposed alteration, damage or destruction.

(c) "Archaeological site" means the complex of associated physical remains and features contained in the ground that evidence past use or modification by people.

(d) "Area of potential effect" means the geographic area or areas within which an undertaking may directly or indirectly cause changes in character or use of historic resources, if any such properties exist.

(e) "Certified Local Government" means a local government that has been certified to meet Federal and State standards, as set forth in the "Florida Certified Local Government Guidelines" (Form HR3E03204-02) herein incorporated by reference, and can participate in the nationwide program of financial and technical assistance to preserve properties.

(f) "Completeness" means the inclusion in the report of archaeological and historical activities of all applicable sections of the prescribed content, but does not mean that said sections are sufficient in comprehensiveness of data or in quality of information provided.

(g) "Days" means calendar days.

(h) "Determination of eligibility" means the process of determining whether identified historical resources are deemed significant using the criteria for significance established by the National Park Service, U.S. Department of the Interior for the National Register of Historic Places.

(i) "Federal undertaking" means a project, activity, or program funded in whole or in part under the direct or indirect jurisdiction of a federal agency, including those carried out with federal assistance; those requiring a federal permit, license or approval; and those subject to state or local regulation administered pursuant to a delegation or approval by a federal agency.

(j) "Florida Master Site File" or "FMSF" means the record of identified historical resources maintained by the Division.

(k) "Historical fieldwork" means actions undertaken for the purpose of recovering data about or from a building(s) or structure(s) to evaluate and determine eligibility; or to document using the Historic American Buildings Survey (HABS) or Historic American Engineering Record (HAER) standards and guidelines prior to proposed alteration or destruction.

(l) "Historical resource" means a building, structure, site, object or collection thereof (a prehistoric or historic district) which is generally at least fifty years old of historical, architectural, or archaeological value.

(m) "Historic context" means the organizational format that groups information about related historical resources based on theme, geographical limits and chronological period. A single historic context describes one or more aspects of the historic development of an area, considering history, architecture, archaeology, engineering and culture, and identifies significant patterns that individual historical resources represent. A set of historic contexts is a comprehensive summary of all aspects of the history of an area.

(n) "Local undertaking" means a project, activity or program subject to the provisions of a local ordinance or regulation for which the Division has review authority.

(o) "National Register" means the National Register of Historic Places, the list of historical resources significant in American history, architecture, archaeology, engineering and culture and authorized by the National Historic Preservation Act of 1966 as amended and administered by the U.S. Department of the Interior, National Park Service.

(p) "Principal Investigator" means the person or persons responsible for supervising archaeological fieldwork and historical fieldwork.

(q) "State undertaking" means a project, activity or program in which a state agency of the executive branch has direct or indirect jurisdiction; those in which a state agency provides financial assistance to a project or entity; and those in which a state agency is involved through the issuance of state permits or licenses.

(r) "Sufficiency" means determining whether the report meets the Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (published in the Federal Register, Vol. 48, No. 190, pp. 44716-44740, September 29, 1983), herein incorporated by reference, with respect to identification, evaluation and documentation.

(3) Reports. Reports of the results of archaeological fieldwork and historical fieldwork activities shall include the topics in paragraphs (a)-(h), below, in sufficient detail for the Division to review for completeness and sufficiency. For projects of limited scope, topics that are not applicable may be omitted when a justification for this decision is provided. In addition, all reports shall be consistent with and meet the terms of the standards and guidelines for identification, evaluation and documentation contained in the "Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, " herein incorporated by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-07212, and available at https://www.nps.gov/history/local-law/arch_stnds_0.htm. This section shall apply to federal, state and local undertakings. Principal investigators shall meet the minimum qualifications for archaeology, history, architecture, architectural history, or historic architecture contained in 36 C.F.R. 61 ("Procedures for Approved State and Local Historic Preservation Programs, Appendix A, Professional Qualifications Standards"), herein incorporated by reference, effective 10-98.

(a) General Description. The description of the project shall address the project location (including boundary map) and description; the purpose of project; the area of potential effect; and the pertinent federal, state or local laws and regulations.

(b) Archival Research. Archival research shall address past field surveys in the project area and the relevance of the major findings to the area currently under study; pertinent data in the Florida Master Site File; pertinent environmental and paleoenvironmental data; pertinent data in other studies appropriate for the research problem; pertinent historical data from records such as plat maps, tract books, subdivision maps, Sanborn maps, city directories, building permits and architectural plans; and pertinent information from informants, which shall include the Certified Local Government within whose boundaries the project lies. Research results shall be presented in a chronologically arranged narrative of the prehistory and history of the project area and of the significant historical events or developments (including important individuals and institutions) which are necessary to place sites and properties in historic contexts within the project area.

(c) Research Design. The description of the research design shall address the objectives; methods; expected results; and procedures to deal with unexpected discoveries including the discovery of human remains in accordance with section 872.05, F.S.

(d) Archaeological Fieldwork. The description of archaeological fieldwork activities shall address the types of sites encountered and evaluated; the boundaries of the area investigated; fieldwork methodology and the rationale for its selection; the location of all tests and excavations, including maps depicting testing locations and results, site components, integrity of sites and subareas within the sites; information on the location and appearance of features and artifacts, as well as the integrity and boundaries of sites and site components; information on any portions of the project area and any portions of identified sites which were not investigated and a statement explaining the reason why investigation did not occur; photographs of each site; photographs and illustrations representative of site subareas or features, or formal excavation units; identification of portions of the project area that were examined but that did not contain archaeological remains; special survey techniques; and information on changes in research design or methodology. Special survey techniques may be necessary to search for certain subsurface or underwater archaeological sites. The description of special survey techniques shall address the following topics: equipment, field methodologies, areas surveyed and not surveyed, a record of the nature and location of all potential historical resources identified and a description of any potential historical resources investigated by examination to determine their nature. Underwater archaeological surveys shall be conducted in accordance with the "Florida Division of Historical Resources Performance Standards for Submerged Remote Sensing Surveys" (Form HR6E06304-02), herein incorporated by reference.

(e) Historical Fieldwork. The description of historical fieldwork activities shall address the boundaries of the area investigated; fieldwork methodology and the rationale for its selection; the types of resources identified and evaluated; a list of all historical resources within the survey area, including the Florida Master Site File number, with all identified resources plotted on a U.S. Geological Survey (1:24, 000) 7.5 minute series topographic quadrangle map; descriptions for all identified resources; photographs or illustrations representative of resources located in the project area; information on any portions of the project area which were not investigated and a statement explaining the reason why investigation did not occur; and an explanation about those portions of the project area that were examined but that did not contain historical, architectural, engineering or cultural resources.

(f) Archaeological Results and Conclusions. The description of the results and conclusions of the archaeological resource investigations shall address laboratory methods used to analyze artifacts and other site materials recovered during the archaeological investigations in the project area; the curation location of artifacts and project records; findings in relation to the stated objectives of the investigations; an assessment of site integrity; methods used to apply National Register criteria for a determination of eligibility and historic context as contained in 36 C.F.R. 60 ("National Register of Historic Places"), herein incorporated by reference; a discussion of completeness of project efforts and the need for any additional identification, evaluation or documentation efforts; conclusions and analysis of the findings, including a discussion on how the findings contribute to an understanding of the historic work or treatment of the site; and a bibliography of those sources utilized.

(g) Historical Results and Conclusions. The description of the results and conclusions of the historical, architectural, engineering or cultural resource investigations shall address findings in relation to the stated objectives; an assessment of the integrity of evaluated sites; methods used to apply National Register criteria for a determination of eligibility and historic context; a description of the constituent elements that constitute the complete property (e.g., outbuildings, landscape features, etc.) which is determined eligible for listing in the National Register; the National Register property boundaries depicted on a scaled site plan sketch; conclusions and analysis of the findings; a discussion of the manner in which the resources contribute to an understanding of local, regional, state, or national history and/or architectural history; recommendations regarding the treatment of the resource(s) including but not limited to preservation or avoidance, minimization or mitigation of potential impacts, or no action; a discussion of the scope and completeness of the project efforts and the need for any additional identification, evaluation or documentation efforts; the location of all curated project records and location of all project records (e.g. photographs, oral interviews, etc.); and a bibliography of those sources used.

(h) Florida Master Site File (FMSF) Requirements. Reports of archaeological fieldwork and historical fieldwork activities will be deemed incomplete if they do not contain FMSF survey log sheets for each report and site forms for each site identified, evaluated or documented. All archaeological fieldwork and historical fieldwork reports shall include the following, either as part of the report or as accompanying documents:

1. FMSF Survey Log Sheets (Form HR6E066R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06787, effective 05/2016), with project boundaries depicted on an attached original or photocopy portion of a U.S. Geological Survey (1:24, 000) 7.5 minute series topographic quadrangle map.

2. FMSF archaeological site forms (Form HR6E045R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06781, effective 05/2016), as appropriate.

3. FMSF historical structure forms (Form HR6E046R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06784, effective 05/2016), as appropriate.

4. FMSF historical bridge forms (Form HR6E052R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06782, effective 05/2016), as appropriate.

5. FMSF historical cemetery forms (Form HR6E048R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06783, effective 05/2016), as appropriate.

6. Completed FMSF shipwreck forms (Form HR6E051R0705 http://www.flrules.org/Gateway/reference.asp?No=Ref-06786, effective 05/2016), as appropriate.

7. Completed FMSF resource group forms (Form HR6E057R0107 http://www.flrules.org/Gateway/reference.asp?No=Ref-06785, effective 05/2016), as appropriate.

8. An original or photocopy portion of U.S. Geological Survey (1:24, 000) 7.5 minute series topographic quadrangle maps for all identified sites showing site locations. These forms are herein incorporated by reference and are available by writing the Division at R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250. These forms may also be obtained from the Division's website at http://dos.myflorida.com/historical/preservation/master-site-file/documents-forms/.

9. All evaluations of the historic significance of historical and archaeological sites and properties shall be evaluated on the basis of the Criteria for Evaluation for the National Register of Historic Places, as adopted in 1966 and set forth in 36 CFR 60.4, http://www.flrules.org/Gateway/reference.asp?No=Ref-05735, herein incorporated by reference.

(4) Review Procedures. The following procedures shall be followed in the review of archaeological fieldwork and historical fieldwork reports:

(a) Reports and accompanying documentation shall be submitted to the Bureau of Historic Preservation at the Division.

(b) The Division shall notify the agency or applicant in writing within fifteen days of receipt of a review request, of any additional information required.

(c) Upon its determination that the report is complete, the Division shall complete its review of the report for sufficiency based on the criteria specified in subsection 1A-46.001(3), F.A.C., within thirty (30) days.

(d) The Division shall notify the agency or applicant of its decision as to whether the report meets the requirements of this rule with respect to completeness and sufficiency, and shall include a statement of the reason for determining a report to be incomplete or insufficient.

Notes

Fla. Admin. Code Ann. R. 1A-46.001

Rulemaking Authority 267.031(1) FS. Law Implemented 267.031, 267.061, 267.11, 267.12 FS.

New 6-10-92, Amended 7-21-96, 8-21-02, Amended by Florida Register Volume 42, Number 149, August 2, 2016 effective 8/15/2016.

New 6-10-92, Amended 7-21-96, 8-21-02, 8-15-16.