Section 089-812-5 - ENVIRONMENTAL IMPACT PROJECTSWhen a government agency or private party (contracting party) is required by law to conduct pre-construction archaeological survey or mitigation, the following procedural steps are taken:
A. The contracting party ascertains from the SHPO that fieldwork is needed.B. The SHPO sends the contracting party the applicable approved lists of archaeologists and a generic scope of work based upon the nature of the project., These are accompanied by a recommendation that approved archaeologists) be hired to direct the project.C. The contracting party seeks proposals) from any or all of the persons on the supplied approved lists.D. The contracting party sends the proposals) to the SHPO for comment on the scope of work and methodology, omitting any budgetary information, unless the contracting party specifically requests in writing that this be included in the review. Should such a request for SHPO comment on budgetary information be made, the SHPO will consult with the bidder(s) about their proposed budget(s) before commenting to the contracting party.E. The SHPO, advised by the relevant Commission staff member(s), comments on the proposals in writing to the contracting party, who then negotiates with the potential contractors for necessary modifications.F. An agreement is reached between the SHPO and the contracting party on the scope of work and methodology.G. Once the fieldwork is completed, a report is prepared by the contractor and submitted to the contracting party.H. The contracting party sends the report to the SHPO for comment.I. The SHPO sends the contracting party a written statement clearly describing the report's problems, if any, and what measures are necessary to rectify them.J. The contracting party passes these comments on to the contractor, who makes changes as necessary, re-submits the report to the contracting party, who re-submits it to the SHPO for approval.K. The SHPO approves the report and so notifies the contracting party.94-089 C.M.R. ch. 812, § 5