16 Miss. Code. R. 3-8.6 - 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 propertys 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 CLGs 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 communitys 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 CLGs 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 CLGs 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.

Notes

16 Miss. Code. R. 3-8.6

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