950 CMR, § 71.09 - State Program Coordination
(1)
Application. At the request of a state body, the MHC
shall consider execution of a Programmatic Memorandum of Agreement to fulfill
the state body's responsibilities under M.G.L. c. 9, §§ 26 through
27C for a particular program or class of projects that would otherwise require
numerous individual project reviews. The Programmatic Memorandum of Agreement
may specify categories of projects that shall be exempt from further review,
categories of projects where review could be best accomplished on a
program-wide rather than individual project basis, or coordinated process and
schedule for review. Agencies which are legally required to hold adjudicatory
proceedings, are particularly encouraged to request a Programmatic Memorandum
of Agreement.
(2)
Consultation Process. At the request of a state body,
the state body and the MHC shall consult to develop a Programmatic Memorandum
of Agreement. Upon agreement, the MHC shall, with the assistance of the state
body, draft a Programmatic Memorandum of Agreement outlining the review
procedures for programs conducted by the state body and listing the types of
action exempt from review. The MHC shall submit a draft of the proposed
Programmatic Memorandum of Agreement to the state body. If the state body signs
the proposed Programmatic Memorandum agreeing that it will comply with the
measures specified to eliminate, minimize, or mitigate adverse effects to State
Register properties, then the proposed Programmatic Memorandum of Agreement
shall be placed on the agenda of a MHC meeting to be held within 60 days of
receipt of the signed Proposed Memorandum. The MHC shall notify the state body
of the time and place of the MHC meeting.
(3)
Consideration of the Proposed
Programmatic Memorandum of Agreement. The MHC shall review the
proposed Programmatic Memorandum of Agreement and consider any additional
information submitted by the state body or by the public. Within ten days of
the meeting, the MHC shall direct the Executive Director to either sign and
execute the Programmatic Memorandum of Agreement on behalf of the MHC, or
revise the Programmatic Memorandum of Agreement in accordance with the
recommendations of the MHC and consult with the state body to develop a revised
Programmatic Memorandum of Agreement.
Notes
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