Rule 16-3-8.4 - Process for Certifying Local GovernmentsA. 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/SHPOs 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; and3. 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/SHPOs approved certification process, the MDAH/SHPO shall advise the local government as to how it can meet the requirements of the certification process.Miss. Code §§ 39-13-3, 39-13-5, 39-13-7, 39-13-9, 25-1-17, 39-7-1 (1972, as amended).