MEMORANDUM OF UNDERSTANDING

BETWEEN THE MARYLAND STATE HIGHWAY ADMINISTRATION
AND THE MARYLAND HISTORICAL TRUST REGARDING
ARCHEOLOGICAL REPORTING STANDARDS

WHEREAS, the Maryland State Highway Administration (hereinafter SHA) undertakes archeological studies to locate and identify archeological properties which may be affected by an undertaking, in accordance with Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and its implementing regulations 36 CFR Part 800 (hereinafter 36 CFR 800), and in accordance with Article 83B, Sections 5-617 & 5-618 of the Annotated Code of Maryland (hereinafter Sections 5-617/618); and,

WHEREAS, SHA employs a staff of professional archeologists (meeting the appropriate qualifications established in 36 CFR Part 61, Appendix A) to carry out its archeological programs and whose duties shall include implementing this Memorandum of Understanding (hereinafter MOU); and,

WHEREAS, SHA conducts and reports the findings of its archeological studies in accordance with Archeology and Historic Preservation; Secretary of the Interior's Standards and Guidelines for Archeology and Historic Preservation (48 FR 44716-44742) and the Guidelines for Archeological Investigations in Maryland (McNamara 1981); and

WHEREAS, the Maryland Historical Trust/State Historic Preservation Office (hereinafter the Trust) reviews SHA's archeological reports to ensure conformance with the federal and state professional standards and guidelines referenced above; and,

WHEREAS, SHA and the Trust agree that, under certain circumstances, implementing abbreviated reporting standards will improve efficiency of reporting and reviewing for specific types of archeological studies;

NOW, THEREFORE, SHA and the Trust agree that the reporting of certain archeological studies conducted by SHA can be simplified in accordance with the following stipulations, exercising reasonable judgment and good faith, to satisfy SHA's responsibility to report the results of archeological studies conducted pursuant to 36 CFR 800 and Sections 5-617/618.

STIPULATIONS

SHA and the Trust will ensure that the following measures are carried out:

I. Purpose

This MOU sets forth the process by which SHA will meet its responsibility to report the results of archeological studies conducted pursuant to 36 CFR 800 and Sections 5-617/618. SHA and the Trust agree that the level of effort in reporting study results should be commensurate with the nature of the undertaking itself and the archeological resources identified. Abbreviated reports must contain the information necessary to document the study results and justify SHA's determination that an undertaking will have no effect on archeological properties. However, the length and detail of that information and documentation may be condensed, based on SHA's reasonable judgment. This MOU establishes the basis for SHA preparation of abbreviated reports and coordination with the Trust on those reports.

II. Applicability

1. SHA may prepare an abbreviated report and submit it for Trust review, provided the study meets the following conditions:
   • the archeological study will be conducted by SHA staff archeologists; and,
   • the study does not identify archeological properties within the project area; or, the study provides evidence to support SHA's determination that an undertaking will have no effect on archeological properties; and,
   • SHA will make no determination of eligibility for the National Register of Historic Places or the Maryland Register of Historic Properties of archeological properties; and,
   • the total study area limits do not exceed 25 acres; or,
   • SHA and the Trust mutually agree that a given project meets the intent of this MOU and qualifies for abbreviated reporting standards.
2. For all other archeological studies that do not meet the provisions in Stipulation II.A, SHA will prepare and submit archeological reports in accordance with the Guidelines for Archeological Investigations in Maryland (McNamara 1981).

III. Contents of Abbreviated Reports

SHA will ensure that each abbreviated report contains the following information, as necessary to document the study's results and support SHA's determination that an undertaking will have no effect on archeological properties:

Title
   Name of the study
   Author
   Date

Abstract

Introduction
   Location and description of proposed project (including acreage)
   Lead agency
   Proposed funding source
   Dates fieldwork conducted
   Participants

Environmental Setting
   Physiography
   Surficial geology
   Soil type
   Topographic setting
   Current vegetation
   Hydrology
   Other pertinent environmental considerations

Assessment of Potential
   Maryland Archeological Research Unit
   Archeological sensitivity and justification for study
   Relevant background information
   Objectives/Research Design

Field Methods and Techniques

Results of Fieldwork
Archeological resources identified (as warranted)

Interpretations and Recommendations
   Interpretation of archeological resources identified
   Recommendations for further work
   Disposition of notes and collections

References Cited

Maryland Archeological Site Survey Form or 'X' Form (as warranted)

Artifact Catalog (as warranted)

NADB Form

Maps
   USGS 7.5 Minute topographic map, showing project area
   Large-scale project map, showing:
      Project boundaries
      Testing and collection units
      Identified archeological resources (as warranted)

IV. Coordination

1. SHA will submit all abbreviated reports to the Trust for review.
2. The Trust will treat submitted abbreviated reports as final documents.
3. Unless the Trust objects within fifteen (15) working days of receiving an abbreviated report, SHA is not required to complete further documentation or reporting of the study's results. If the Trust disagrees that a study qualifies for an abbreviated report and files a timely objection, SHA will consult with the Trust to resolve the objection. If the objection cannot be resolved, SHA will revise and resubmit the report following the Guidelines for Archeological Investigations in Maryland (McNamara 1981).

V. Distribution

SHA will distribute abbreviated reports through the State Highway Administration Archeological Report Series. At least once a year, SHA will group multiple abbreviated reports under a single Series number and cover. Each volume in the Series will contain an appendix presenting the authors' professional qualifications, to demonstrate that the studies' principal investigators meet the appropriate qualifications established in 36 CFR Part 61, Appendix A.

VI. Review and Amendments

1. SHA and the Trust will consult on or about January 2 1994, and thereafter once every three (3) years, to review implementation of the terms of this MOU and determine whether amendments or revisions are needed. If revisions are needed, the parties will consult and amend the MOU.
2. The MOU may be amended or revised at any time, upon mutual written consent of SHA and the Trust.

VII. Termination

1. Either party to this MOU may terminate it by providing thirty (30) calendar days written notice to the other party, provided that the parties will consult during the period prior to termination to seek agreement on amendments and other actions that would avoid termination.
2. In the event of termination, SHA will prepare and submit archeological reports according to the Guidelines for Archeological Investigations in Maryland (McNamara).

Execution and implementation of this Memorandum of Understanding evidence that SHA has satisfied its responsibilities to report the results of archeological studies for all individual projects covered under this memorandum.

MARYLAND STATE HIGHWAY ADMINISTRATION

By:[original signed by Neil J. Pedersen]     Date: Jan. 6, 1993
Neil J. Pedersen, Director,
Office of Planning and Preliminary Engineering

MARYLAND HISTORICAL TRUST

By:[original signed by J. Rodney Little]     Date: 1-18-93
J. Rodney Little, Director/State Historic Preservation Officer