§ 767. Cooperation between agencies
All State agencies, departments, institutions, and commissions, as well as all municipalities,
shall cooperate fully with the State Archaeologist in the preservation, protection,
excavation, and evaluation of specimens and sites; and to that end:
(1) When any State, regional, or municipal agency finds or is made aware by an appropriate
historical or archaeological authority that its operation in connection with any State,
State-assisted, State-licensed, or contracted project, activity, or program adversely
affects or may adversely affect scientific, historical, or archaeological data, the
agency shall notify the State Archaeologist and shall provide him or her with information
concerning the project, program, or activity. The provisions of this chapter shall
be made known to contractors by the State agencies doing the contracting.
(2) The State Archaeologist, upon notification or determination that scientific, historical,
or archaeological data, including specimens, is or may be adversely affected, shall,
after reasonable notice to the responsible agency, conduct or cause to be conducted
a survey and other investigations to recover and preserve or otherwise protect such
data, including analysis and publication, that in its opinion should be recovered
in the public interest.
(3) The Division shall initiate actions within 60 days following notification under subdivision
(1) of this subsection and within such time as agreed upon in other cases. The responsible
agency is authorized and directed to expend agency funds for the purpose of recovering
the data, including analysis and publications, and the costs shall be included as
part of the contractor’s costs if the adverse effect is caused by work being done
under contract to a State agency. (Added 1975, No. 109, § 4; amended 2023, No. 85 (Adj. Sess.), § 255, eff. July 1, 2024.)