Part 2.
TEXAS HISTORICAL COMMISSION
Chapter 25.
OFFICE OF THE STATE ARCHEOLOGIST
13 TAC §§25.1 - 25.7
The Texas Historical Commission (THC) adopts the
repeal of Chapter 25, §§25.1 - 25.7, concerning the Office
of the State Archeologist, without changes to the proposal as published
in the March 1, 2013, issue of the
Texas
Register
(38 TexReg 1292). New §§25.1 - 25.8 will
replace the repealed sections, and they are contemporaneously adopted
in this issue of the
Texas Register.
The repeal is adopted in an effort to eliminate outdated terminology
and procedures and will be replaced with new sections to implement
necessary updates, additions and changes to more precisely reflect
the programs and procedures of the THC's State Archeological Program,
formerly known as the Office of the State Archeologist.
No public comments were received regarding the repeal.
The repeal is adopted under §442.007(q) of the Texas
Government Code, which provides the THC with the authority to promulgate
rules and conditions to reasonably effect the purposes of this chapter.
The repeal implements §442.007 of the Texas Government Code.
No other statutes, articles, or codes are affected by the adoption.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on April 30, 2013.
TRD-201301703
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 20, 2013
Proposal publication date: March 1, 2013
For further information, please call: (512) 463-1858
13 TAC §§25.1 - 25.8
The Texas Historical Commission (THC) adopts new §§25.1
- 25.8, concerning the State Archeological Program. Sections 25.1,
25.6, and 25.7 are adopted with changes to the proposed text as published
in the March 1, 2013, issue of the
Texas
Register
(38 TexReg 1292). Sections 25.2 - 25.5 and §25.8
are adopted without changes to the proposed text and will not be republished.
The new §§25.1 - 25.8 eliminate outdated terminology
and procedures and provide necessary updates, additions and streamlining
to more precisely reflect the programs and procedures of the THC's
State Archeological Program, formerly known as the Office of the State
Archeologist. Additionally, the chapter title has been changed from
"Office of the State Archeologist" to "State Archeological Program."
Corrections were made to §§25.1, 25.6 and 25.7. Specifically, §25.1(5)
and §25.7(b) contained typographical errors; and the word "rules"
was accidentally omitted from the text of §25.6(c)(2) in the
proposal.
No written comments were received regarding the new sections.
The new sections are adopted under §442.005(q) and §442.007(c)
of the Texas Government Code, which provides the THC with the authority
to promulgate rules and conditions to reasonably effect the purposes
of this chapter.
No other statutes, articles, or codes are affected by this adoption.
§25.1.Definitions.
The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise.
(1)
Antiquities--The tangible artifacts and objects
of the past that relate to human life and culture.
(2)
Archeological investigation--Any research activity
applied to archeological sites and the material remains in or removed
from such sites, including survey, excavation, documentation, conservation,
mapping, and analysis.
(3)
Archeological preservation--The protection and
conservation of the archeological and heritage of Texas.
(4)
Archeological site--Any land or marine-based place
that contains material remains of past human life or activities in
their original or historical context that are at least 50 years of
age or a place that has been determined by the commission to be of
transcendent historical or cultural significance.
(5)
Archeology division--A division of the commission
that includes the office of the state archeologist.
(6)
Artifact--A tangible object that relates to human
life and culture of the past. Examples include, but are not limited
to items constructed, altered, created, or used by humans. Paleontological
remains and geological specimens are not included unless occurring
in or related to an archeological context.
(7)
Avocational archeologist--Any individual with demonstrated
training, skill and/or experience in archeological investigation who
is not a professional archeologist.
(8)
Conservation easement--A nonpossessory interest
in real property that imposes limitations or affirmative obligations
on the person holding the possessory or fee interest, as defined and
authorized in Texas Natural Resources Code Chapter 183.
(9)
Curatorial facility--A museum or repository that
holds and maintains archeological collections.
(10)
Historic preservation--The protection and conservation
of the archeological and historical heritage of Texas.
(11)
Historic resource--Any site, complex, building
or structural remains of historical or archeological interest and
its contents. Examples include, but are not limited to, prehistoric
habitation sites, mounds, open campsites and rock shelters; mines,
quarry areas and lithic procurement areas; game procurement and processing
sites; petroglyph and pictograph sites; historic shipwrecks; remnants
of historic buildings and structures; cemeteries; dumps and trash
heaps; and military sites. Only resources at least 50 years old, or
which have been determined by the state archeologist to be of transcendent
historic importance, are considered historical resources within the
meaning of this chapter.
(12)
History (historic, historical)--The recording
and study of past cultures, events, or resources created in the past
and includes prehistory, relating to events occurring prior to written
history.
(13)
Inventory of sites--Any form of tabulating, collecting,
and holding archeological site records, and all activities which maintain
that inventory, including restricted data contained within the Texas
Historic Sites Atlas electronic database.
(14)
Professional archeologist--An archeologist certified
by the Register of Professional Archeologists (RPA) for the level
of required investigation; anyone determined a professional archeologist
by the state archeologist, according to the criteria of the RPA; or
anyone meeting required qualifications and standards detailed in pertinent
state rules (§26.4 of this title) or federal requirements specified
in the Secretary of Interior's Professional Qualifications Standards
(36 CFR Part 61, Appendix A) for archeological investigations.
(15)
Site records--All data and information relating
to the character, condition, and location of any archeological site
or other historic resource and all data and information pertinent
to collections of material remains. Site records include, but are
not limited to, artifact catalogues, photographs, digital imagery,
maps, spatial imagery, notes, drawings, site data forms, TexSite electronic
forms, documents, audio data, and electronic data.
(16)
State archeologist--The position authorized by
Texas Government Code §442.007, responsible for the administration
of the state archeological program.
(17)
Steward--A current member of the Texas Archeological
Stewardship Network.
(18)
Texas Archeological Stewardship Network or TASN--A
volunteer program administered by the commission. The TASN is composed
of volunteer avocational archeologists selected for their demonstrated
skills, experience and abilities to assist the commission with archeological
investigations, research, preservation efforts, training, and public
outreach endeavors.
(19)
TexSite form--The standardized electronic form
for recording archeological site information as developed by the commission
and Texas Archeological Research Laboratory of The University of Texas.
§25.6.Collections.
(a)
Maintenance. The commission will do the following:
(1)
maintain collections recovered by the archeology
division for the period of time required for their processing, analysis,
and adequate reporting;
(2)
maintain collections on loan to the archeology
division for the period of time required for their processing, analysis,
and adequate reporting and return or place such collections according
to the terms of the loan agreement entered into with the collection
owner;
(3)
maintain on a temporary basis, collections recovered
by other organizations or individuals from archeological sites in
Texas that the archeology division agrees to accept for placement
in an appropriate curatorial facility;
(4)
refer to curatorial facilities all other requests
from individuals, institutions, organizations, and agencies for collections
placement; and
(5)
maintain on a permanent basis only those collections
falling within its responsibilities, for which no permanent repository
can be found, and/or for comparative analysis.
(b)
Curatorial facilities. In seeking curatorial facilities
for collections held in temporary custody, the archeology division
will observe the following procedures.
(1)
All collections transferred by this office to a
curatorial facility will include copies of all pertinent site records.
(2)
Curatorial facilities will be identified by this
office according to the criteria of existing state and federal standards
for curation.
(3)
For state held-in-trust collections, placement
will be in accordance with the requirements specified in Chapter 29
of this title (relating to Management and Care of Artifacts and Collections).
(4)
For collections that do not meet the state held-in-trust
criteria, preference will be given in accordance with the following
criteria:
(A)
curatorial facilities that are in the region from
which the collections were recovered;
(B)
curatorial facilities that maintain procedures
for access to collections and site records that prevent disclosure
of information harmful to the resources involved;
(C)
curatorial facilities that facilitate scientific,
archeological research;
(D)
curatorial facilities that observe state and/or
federal standards for curation; and
(E)
repositories in the State of Texas.
(5)
Transfer of collections to curatorial facilities
will be made under the terms of a written agreement between the facility
and the commission. The agreement will include an inventory of transferred
items, and its terms will be guided by the pertinent state or federal
standards for curation. The agreement will provide that, should a
repository fail to maintain the integrity of collections provided
by the commission, or to protect them adequately, the repository will
notify the commission so that other arrangements can be made for the
collections.
(6)
Pertinent data concerning collections, related
site records, and the sites of resources from which the collections
were made may be retained in the commission's inventory of archeological
resources, and no transfer agreement will be made that prohibits the
commission from retaining data and information.
(c)
Human skeletal remains.
(1)
This office will not publicly exhibit human skeletal
remains recovered from archeological sites, and it will discourage
the public exhibition of human skeletal remains recovered from archeological
sites by others.
(2)
Human skeletal remains and associated artifacts
will be handled in a manner that complies with applicable state and
federal laws, rules and regulations.
(d)
Artifact identification. This office will not assist
in the identification of unprovenienced artifacts.
(e)
Appraisals. This office will not appraise collections
or artifacts for private citizens, corporations, or organizations
or retain an appraiser for or refer an appraiser to the private citizen,
corporation or organization. THC personnel may evaluate state-associated
collections for in-house purposes. Donors requiring appraisals for
income tax purposes must obtain an appraisal at their own expense
from an appraiser of their choice prior to donation. In-house evaluation
of state-associated collections or artifacts retained at the commission's
facilities for insurance purposes, traveling exhibits or activities
within the professional community are professional assessments and
not appraisals. In-house evaluations are the responsibility of the
agency.
§25.7.Protection of Archeological Sites.
(a)
Purpose. The purpose of this section is to preserve
archeological sites through the implementation of preservation designations,
conservation easements, or through the acquisition of real property
by donation or purchase.
(b)
Assessment and selection. Selection of sites for
protection is made by the archeology division on the basis of an assessment
of site significance and integrity as stated in §25.2 of this
title (relating to Determination of Significance). Priority is given
to significant sites that are threatened with damage or destruction.
Assessment and selection of sites for protection may be made in cooperation
with individuals, institutions, non-profit organizations, corporations,
and/or state or federal agencies.
(c)
Factors influencing selections include the following:
(1)
potential to contribute to a better understanding
of Texas history;
(2)
importance of the site within the context of a
regional culture area; and
(3)
public education and interpretation potential of
the site(s).
(d)
For proposed donations and purchases, assessments
and recommendations may also take fiscal implications and other pertinent
information into account.
(e)
Protection procedures. The following procedures
will be followed:
(1)
All protective measures for sites on privately
owned land will be undertaken only with the full and voluntary cooperation
of the owner(s).
(2)
The owner(s) will be informed of the archeological
significance of the sites located on their property and of the various
options available to ensure long-term preservation.
(3)
The alternatives for long-term preservation include,
but are not limited to, the following:
(A)
donation of the property to the state or to a suitable
nonprofit organization;
(B)
purchase of the property by the state or a suitable
nonprofit organization;
(C)
assignment of a conservation easement (Conservation
Easement Act, Texas Natural Resources Code, Chapter 183) by owner(s)
to the state or qualified nonprofit organization;
(D)
designation of the property as a state antiquities
landmark; and
(E)
nomination of the property to the National Register
of Historic Places.
(4)
Where an archeological site or property containing
one or more archeological sites is acquired for the state through
donation or purchase by the commission, the following conditions shall
apply.
(A)
The donation will be unconditional and will reflect
full ownership by the state.
(B)
The donation may consist of surface rights only.
Mineral rights in such instances will be retained by the landowner
with the stipulation that all contained archeological deposits will
be protected against any form of land-altering mineral exploration
and development. In the case of donations that include mineral rights,
such rights will be managed by the General Land Office of Texas.
(C)
THC commissioners will consider proposals for donation
or purchase and vote to either accept or decline the property acquisition.
(D)
The property to be acquired will be limited to
those areas containing archeological deposits; any immediately adjacent
or contained natural features having direct relevance to human occupation
of the site, such as springs, bedrock exposures, or flint outcrops;
and to access corridors.
(E)
The commission may provide for legal survey, legal
description, and deed recording of the acquired property.
(F)
The commission will supply documentation to the
landowner or other entity as required to facilitate available benefits.
(5)
These conditions do not apply to the acquisition
of property through donation or purchase to a commission historic
site, actions which are governed by the requirements set out in Chapter
16 of this title for commission historic sites.
(f)
The commission will initiate measures, including
the following, to provide for the long-term protection of archeological
sites. Measures may include but are not limited to:
(1)
appointment of a local professional archeologist,
steward, or other avocational archeologist to examine the property
at regular intervals and to report any acts of vandalism or other
damaging activity;
(2)
notification of local law-enforcement officials
of the property's protected status to encourage enforcement of applicable
laws; and
(3)
placement of permanent signs or markers, if the
placement of such signs or markers does not constitute a threat of
harm to the resource.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed with the Office
of the Secretary of State on April 30, 2013.
TRD-201301704
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 20, 2013
Proposal publication date: March 1, 2013
For further information, please call: (512) 463-1858
13 TAC §§26.1 - 26.22, 26.24, 26.25, 26.27
The Texas Historical Commission (THC) adopts the
repeal of Chapter 26, §§26.1 - 26.22, 26.24, 26.25, and
26.27, concerning Practice and Procedure, without changes to the proposal
as published in the March 1, 2013, issue of the
Texas Register
(38 TexReg 1296).
The repeal is adopted as a means of updating and streamlining the
chapter which has not been thoroughly revised since 1985. A new Chapter
26 is adopted simultaneously with the repeal in this issue of the
Texas Register.
No public comments were received regarding the repeal.
The repeal is adopted under §442.005(b) and (q)
of the Texas Government Code and §191.052 of the Texas Natural
Resources Code which provides the THC with the authority to promulgate
rules and conditions to reasonably effect the purposes of this chapter.
No other statutes, articles, or codes are affected by this adoption.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on April 30, 2013.
TRD-201301697
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 20, 2013
Proposal publication date: March 1, 2013
For further information, please call: (512) 463-1858
The Texas Historical Commission (THC) adopts new §§26.1
- 26.27, concerning Practice and Procedure. Sections 26.4, 26.8, 26.15,
26.21, and 26.25 - 26.27 are adopted with changes to the proposed
text as published in the March 1, 2013, issue of the
Texas Register
(38 TexReg 1297). Sections
26.1 - 26.3, 26.5 - 26.7, 26.9 - 26.14, 26.16 - 26.20, and 26.22 -
26.24 are adopted without changes to the proposed text as published
and will not be republished.
New §§26.1 - 26.27 update, reorganize, and streamline
this chapter by creating separate subchapters related to general provisions
(Subchapter A), identification and designation of landmarks (Subchapter
B), archeology (Subchapter C), historic buildings and structures (Subchapter
D), and memoranda of understanding with other state agencies (Subchapter
E). Additionally, the term State Archeological Landmark is changed
to State Antiquities Landmark to reflect the fact that both buildings
and archeological sites can be designated as landmarks.
Corrections were made to §§26.4, 26.8, 26.15, and 26.21.
Specifically, a typographical error was made in §26.4 leaving
out the words "and/or" and thus created the unintended prerequisite
that Principal Investigators must be "Registered Professional Archeologists."
Additionally, the word "structures" was accidentally omitted from
the text of §26.8(a)(1); §26.15(2)(E) contained a typographical
error; and §26.21(i) contained an incorrect reference.
Section 26.25 was amended because the THC and the Texas Department
of Transportation (TxDOT) have agreed to minor editing modifications
to the new MOU between the two agencies. Specifically, §26.25(b),
(d) - (h), (j), (k), (o), (r), (t), and (u) were amended to correct
incorrect subsection citations and TxDOT rule citations and spelling
errors. These changes were made in response to TxDOT comments.
Section 26.26 was amended because the THC and the Texas Water Development
Board have agreed to minor editing modifications to the new MOU between
the two agencies. Specifically, §26.26(a)(1) and (6) were amended
to add references to historic buildings. These changes were made in
response to Texas Water Development Board comments.
Section 26.27 was amended because the THC and the Texas Parks and
Wildlife Department (TPWD) have agreed to a minor editing modification
to the new MOU between the two agencies. Specifically, §26.27(c)(6)(E)
was amended to clarify that the Cultural Resources Program Director
of TPWD could use a designee when compiling and editing annual reports.
These changes were made in response to TPWD comments.
In addition to the comments discussed above, only one written comment
was received on the proposed new Chapter 26 rules.
Comment: Regarding §26.4 (Professional Qualifications and
Requirements), a recommendation was made that the THC should add definitions
for architectural historian and historic architect meeting the Secretary
of the Interior's Professional Qualifications Standards at 36 Code
of Federal Regulations Part 61.
Response: The commission believes that §26.4 is adequate to
address the professionals who may have a role under the Antiquities
Code of Texas. This section includes the statement that "Any additional
professions not referenced in this section must meet Archeology and
Historic Preservation: Secretary of the Interior's Standards and Guidelines
(As Amended and Annotated)," which includes the disciplines of architectural
history and historic architecture in the section on Professional Qualifications
Standards. The National Park Service is currently considering amendments
and expansion of these standards, and any language added to match
the current standards may become outdated before these rules are next
revised.
Under the previous rules, the composition of the Antiquities Advisory
Board included the governor-appointed professional archeologist, historian,
and architect members of the commission. These specific positions
no longer exist on the commission and are no longer included in §26.5
(Antiquities Advisory Board), but the definition of historian remains
as this area of expertise may be of benefit in administering the Antiquities
Code of Texas.
The Professional Qualifications and Requirements in §26.4
for project architect are similar but not identical to the Secretary
of the Interior's Professional Qualifications Standards for historic
architecture. Both standards require professional experience with
historic preservation projects but the means of measuring that experience
differ. For the sake of continuity for architects seeking Historic
Buildings and Structures Permits under these rules, no changes to
the definition of project architect were made.
Subchapter A. GENERAL PROVISIONS
13 TAC §§26.1 - 26.6
The new sections are adopted under §442.005(b),
(h), (q), and (r); and §442.007(e) of the Texas Government Code
and §191.052 of the Texas Natural Resources Code, which provide
the THC with the authority to promulgate rules and conditions to reasonably
effect the purposes of this chapter.
No other statutes, articles, or codes are affected by this adoption.
§26.4.Professional Qualifications and Requirements.
Professional personnel means individuals who are appropriately-trained
specialists required to perform archeological and architectural investigations
and project work. These individuals must possess the professional
qualifications in this section and will be required to perform certain
responsibilities under the terms of an Antiquities Permit as identified
in this section. Any additional professions not referenced in this
section must meet Archeology and Historic Preservation: Secretary
of the Interior's Standards and Guidelines (As Amended and Annotated).
(1)
Principal investigator. A professional archeologist
with demonstrated competence in field archeology and laboratory analysis,
as well as experience in administration, logistics, personnel deployment,
report publication, and fiscal management. In addition to these criteria
the principal investigator shall:
(A)
hold a graduate degree from an accredited institution
of higher education in anthropology/archeology, or a closely related
field such as geography, geology, or history, so long as the degree
program also included formal training in archeological field methods,
research, and site interpretation; have successfully completed investigations
under an Antiquities Permit; and/or be registered as a professional
archeologist by the Register of Professional Archeologists (RPA);
and/or hold an active permit not in default;
(B)
have at least twelve months of full-time experience
in a supervisory role involving complete responsibility for a major
portion of a project of comparable complexity to that which is to
be undertaken under permit;
(C)
have demonstrated the ability to disseminate the
results of an archeological investigation in published form conforming
to current professional standards;
(D)
remain on-site a minimum of 25 percent of the time
required for the field investigation, and whose name must appear on
the project report;
(E)
provide a field archeologist to supervise the field
investigation in his or her absence; and
(F)
testify concerning report findings in the interest
of controversy or challenge.
(2)
Professional archeologist. An individual who has
a degree in anthropology, archeology or a closely related field if
that degree also included formal training in archeological field methods,
research, and site interpretation, conducts archeological investigations
as a vocation, and whose primary source of income is from archeological
work. Qualifications for specialized types of professional archeologists
are listed in this paragraph.
(A)
Prehistoric archeologist. An individual who is
a professional archeologist and, in addition, meets the following
conditions:
(i)
has been trained in the field of prehistoric archeology;
(ii)
has a minimum experience of two comprehensive
archeological field seasons of three to six months in length on archeological
site(s) that contain prehistoric (pre-16th century) archeological
deposits; and
(iii)
has published the results of those prehistoric
archeological investigations.
(B)
Historic archeologist. An individual who is a professional
archeologist and, in addition, meets the following conditions:
(i)
has been trained in the field of historical archeology;
(ii)
has minimum experience of two comprehensive archeological
field seasons of three to six months in length on archeological site(s)
that contain historic (post-16th century) archeological deposits;
and
(iii)
has published the results of those historical
archeological investigations.
(C)
Underwater archeologist. An individual who is a
professional archeologist and, in addition, is a competent diver with
a minimum of two full seasons of underwater archeological testing
or excavation projects. Training and experience sufficient for safe
and proficient use of the specialized underwater remote sensing survey,
excavation and mapping techniques, and equipment are required.
(D)
Underwater archeological surveyor. An individual
who has training and experience sufficient for safe and proficient
supervision of appropriate remote sensing survey equipment operation,
as well as for interpretation of survey data to identify anomalies
and geomorphic features that may have some probability of association
with submerged aboriginal sites and sunken vessels. This individual
may represent the archeological interests on board the survey vessel
in the absence of an underwater archeologist, as defined in subparagraph
(C) of this paragraph.
(3)
Project architect. An individual who is a licensed
architect and has had full-time experience in a supervisory role on
at least one historic preservation project. The project architect
must be involved, at a minimum, in 25 percent of the time required
to develop plans and specifications and manage project work for a
Historic Buildings and Structures Permit project and, when not involved
with the project, must assign a qualified preservation specialist
to supervise the preservation project. At the discretion of commission
staff, other individuals may fulfill the role of project architect,
as follows:
(A)
A preservation specialist may serve in the place
of the project architect if: all responsibilities of a project architect
under this title will be fulfilled by the project preservation specialist;
and all education and experience criteria for a preservation specialist
are met.
(B)
A project engineer may serve in the place of the
project architect if: the scope of project work is limited to structural
stabilization and repair; all responsibilities of a project architect
under this title will be fulfilled by the project engineer; and all
education and experience criteria for a project engineer are met.
(C)
A landscape architect may serve in the place of
the project architect if: the project scope is limited to landscape
architecture; all responsibilities of a project architect under this
title will be fulfilled by the project landscape architect; and all
education and experience criteria for a project landscape architect
are met.
(D)
A project contractor may serve in the place of
a project architect if: the project scope of work is limited to the
demonstrated professional expertise of the contractor; all responsibilities
of a project architect under this title will be fulfilled by the project
contractor; and all the requirements for a project contractor are
met.
(4)
Preservation specialist. An individual who has
a professional degree in architecture or a state license to practice
architecture, plus one or more of the following:
(A)
at least one year of graduate study in architectural
preservation, American architectural history, preservation planning,
or closely related field; or
(B)
at least one year of full-time professional experience
on historic preservation projects to include experience on projects
similar to the project to be permitted; detailed investigations of
historic buildings and structures; preparation of historic structures
research reports; and preparation of plans and specifications for
preservation projects.
(5)
Project engineer. An individual who is a licensed
civil or structural engineer and has had full-time experience in a
supervisory role on at least one historic preservation project similar
to the project to be permitted.
(6)
Project landscape architect. An individual who
is a licensed landscape architect and has had full-time experience
in a supervisory role on at least one historic preservation project
similar to the project to be permitted.
(7)
Project contractor. An individual who has the appropriate
training, certifications, and/or licenses for the type of project
work specified in the permit application and at least one year of
demonstrable full-time experience in applying the methods and practices
of the proposed work on historic preservation projects similar to
the project to be permitted.
(8)
Historian. An individual who has a graduate degree
in history or closely related field; or a bachelor's degree in history
or a closely related field plus one of the following:
(A)
at least two years of full-time experience in research,
writing, teaching, interpretation, or other demonstrable professional
activity with an academic institution, historical organization or
agency, museum, or other professional institution; or
(B)
substantial contribution through research and publication
to the body of scholarly knowledge in the field of history.
(9)
Geomorphologist or geoarcheologist. An individual
who holds a graduate degree in geology, geomorphology, archeology,
or other closely related field, and has had sufficient training to
adequately evaluate the sedimentology, stratigraphy, and pedology
of deposits in the field and be competent to describe and analyze
the deposits using standard terminology and methods. This person should
also have general archeological experience in the area in which the
investigations are to occur.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed with the Office
of the Secretary of State on April 30, 2013.
TRD-201301698
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 20, 2013
Proposal publication date: March 1, 2013
For further information, please call: (512) 463-1858
13 TAC §§26.7 - 26.9
The new sections are adopted under §442.005(b),
(h), (q), and (r); and §442.007(e) of the Texas Government Code
and §191.052 of the Texas Natural Resources Code, which provide
the THC with the authority to promulgate rules and conditions to reasonably
effect the purposes of this chapter.
No other statutes, articles, or codes are affected by this adoption.
§26.8.Designation Procedures for Publicly Owned Landmarks.
(a)
Nomination. Any group, public or private, individual,
or public agency may submit a property in public ownership to the
commission for official designation as a landmark. The nomination
must be submitted to the commission on a form approved by the commission,
and the commission will determine whether the nomination is complete.
The nomination shall indicate the nature of the property's significance:
as an archeological site, shipwreck, cache or collection, historic
building or structure, or any combination thereof, per the criteria
for evaluation specified in §§26.10 - 26.12 and §26.19
of this title.
(1)
Third-party nominations. Any private individual
or private group that desires to nominate a property owned by a political
subdivision as a landmark must complete and return to the commission
a nomination form, and must give notice of the nomination at the individual's
or group's own expense, in a newspaper of general circulation published
in the city, town, or county in which the building, structure or site
is located. If no newspaper of general circulation is published in
the city, town, or county, the notice must be published in a newspaper
of general circulation in an adjoining or neighboring county that
is circulated in the county of the applicant's residence. The notice
must:
(A)
be printed in 12-point boldface type;
(B)
include the exact location of the building or site;
and
(C)
include the name of the group or individual nominating
the building or site.
(D)
An original copy of the notice and an affidavit
of publication signed by the newspaper's publisher must be submitted
to the commission with a nomination form. The commission will not
consider a site owned by a political subdivision for designation as
a landmark unless the notice and affidavit required by this section
are attached to a nomination form. This notification must be received
by both the commission and the public agency a minimum of 60 days
prior to a regularly scheduled public meeting of the commission at
which the nomination may be considered. All decisions regarding when
a nomination will be considered by the commission will be made by
the executive director of the commission.
(2)
Requirements for buildings and structures. Nominations
for buildings and structures must be accompanied by a deed or other
legal description of the property nominated for designation. For a
building or structure owned by a political subdivision, the nomination
may be accompanied by a statement assessing fiscal impacts of the
potential designation on the political subdivision.
(b)
Evaluation. The executive director of the commission
will determine whether the nomination is complete and acceptable,
whether the property is eligible for designation, and when the nomination
will be placed on the agenda of one of the commission's public meetings.
In support of such determinations, the commission's staff will review
the property according to the criteria for evaluation specified in §§26.10
- 26.12 and §26.19 of this title. Staff will recommend whether
the nature of the property's significance indicated on the nomination
form is accurate and if other areas should be considered.
(c)
Notification of nomination. If the commission's
staff wishes to nominate a property for landmark designation or intends
to forward a nomination received for consideration, it must give the
public agency or agencies that own the property a written notification
that a nomination will be considered by the commission at one of its
regularly scheduled public meetings. This notification must be received
by the public agency a minimum of 15 days prior to the regularly scheduled
public meeting of the commission at which the nomination is scheduled
to be presented. The commission must also send the public agency complete
site information on the proposed nomination. For a building or structure
owned by a political subdivision, the notification will invite the
political subdivision to submit a statement assessing the fiscal impacts
of the potential designation.
(d)
Interim protection and notification. Once a valid
nomination for a landmark building or structure has been received
and the commission's staff determines the property is eligible for
designation, no project work may be undertaken on the property without
a permit issued by the commission unless or until the commission denies
the nomination or designation. Information regarding this protection
will be included in the commission's notice on the nomination to the
property owner.
(e)
Presentation of nominations. Following staff evaluation
and recommendations, nominations will be presented to the Antiquities
Advisory Board. Written notice of the presentation will be sent to
the owner. The Antiquities Advisory Board will review each nomination,
the staff recommendations related to each nomination, and any testimony
given by the owner of the property and the public at large. The Antiquities
Advisory Board will then pass on its recommendations regarding each
nomination to the commission. The chair of the Antiquities Advisory
Board, or one of the other commission members who serve on the board,
will present the nomination and recommendations to the commission
at one of its public meetings.
(f)
Comment period. No vote on final designation may
be taken by the commission for a minimum period of 30 days, during
which time all concerned parties may present evidence in support of
or against designation of the property. Comments may be submitted
to the commission at any time prior to the designation vote described
in subsection (g) of this section, including during public testimony
at the commission meeting where the vote will occur. Comments should
address the property's merits in light of the criteria specified in §§26.10
- 26.12 and §26.19 of this title.
(1)
Political subdivisions. Comments may address the
fiscal impact on a political subdivision from the designation of a
building or structure owned by the political subdivision, per §191.092(h)
of the Texas Natural Resources Code.
(2)
Institutions of higher education. Comments may
address the impact on an institution of higher education from the
designation of a building or land owned by the institution. If an
institution of higher education notifies the commission during this
timeframe that it protests to the proposed designation of a building
or land under its control as a landmark, the matter becomes a contested
case under the provisions of the Administrative Procedure Act, Texas
Government Code, Chapter 2001. The hearing officer and the commission
will follow the procedures and take into account the criteria listed
in §191.021(b) of the Texas Natural Resources Code. Weighing
these criteria against the criteria specified in §§26.10
- 26.12 and §26.19 of this title, the commission shall designate
a property under the control of an institution of higher education
as a landmark only if the record before the commission establishes
by clear and convincing evidence that such designation would be in
the public interest.
(g)
Presentation of designation and designation vote.
After the minimum comment period of 30 days has elapsed, the commission
may consider the property for designation at one of its public meetings.
The owners of the property will be informed of the agenda by written
notice at least 15 calendar days in advance of the meeting date. Any
person may present evidence or testify at the meeting when the final
decision is to be made. The commission may then vote to designate,
to deny designation, to request further information, or to make any
other decision.
(h)
Additional evidence. If designation of a property
is denied, the owner or applicant may present additional evidence
at any time for the commission's reconsideration. The new evidence
will be considered by the commission at a duly-noticed meeting.
(i)
Additional hearings. Any owner of a property designated
as a landmark who is aggrieved by the designation procedure as applied
to his or her property will receive a full evidentiary hearing upon
request, or the formal designation can be removed by action of the
commission.
(j)
Notification of designation. Written notification
of the commission's decision regarding the designation of a property
as a landmark will be forwarded to the owner.
(k)
Listing and marking of landmarks. If a property
is officially designated as a landmark, the property will be listed
in the commission's inventory, a current list of all historic buildings,
structures, sites, objects, and districts so designated. Landmarks
may be marked with a marker or medallion, to be installed by commission
staff or designee.
(1)
Archeological sites designated as landmarks may
be marked with a landmark marker, if deemed appropriate by the commission.
The UTM coordinate of the marker will be retained in the commission's
records.
(2)
Historic buildings and structures designated as
landmarks may be marked with a medallion bearing the words "State
Antiquities Landmark". Third-party nominators shall pay the cost associated
with the medallion. A photograph of the installed medallion showing
its context will be retained in the commission's records.
(l)
Privileged or restricted information. The location
of archeological sites is not public information. However, information
on sites may be disclosed to qualified professionals as provided by
Chapter 24 of this title (relating to Restricted Cultural Resource
Information).
(m)
For previously designated landmarks, commission
staff may propose an amendment to clarify the designation boundaries,
nature of the property's significance, or other information pertinent
to the designation. The commission shall follow the process in this
section in considering such an amendment.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2013.
TRD-201301699
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 20, 2013
Proposal publication date: March 1, 2013
For further information, please call: (512) 463-1858
13 TAC §§26.10 - 26.18
The new sections are adopted under §442.005(b),
(h), (q), and (r); and §442.007(e) of the Texas Government Code
and §191.052 of the Texas Natural Resources Code, which provide
the THC with the authority to promulgate rules and conditions to reasonably
effect the purposes of this chapter.
No other statutes, articles, or codes are affected by this adoption.
§26.15.Archeological Permit Categories.
Several categories of permits oriented toward specific types
of investigation are issued by the commission. The following is a
list of permits associated with archeological investigations:
(1)
Annual permit. A public agency or institution may
be granted an Annual Permit, allowing for survey, recording, study,
protection, stabilization, or conservation projects that cover a number
of similar investigations at different locations. The annual permit
will be issued for a specific period of time and may be developed
by the public agency or institution, and the commission either under
the auspices of a Memorandum of Understanding (MOU) or by means of
a letter agreement. Annual Permits may also be used to govern the
survey, recording, study, protection, stabilization, and conservation
projects related to designated landmarks or eligible landmarks. The
Annual Permit will adhere to, but not be limited to, the commission's
rules. The standards described in an Annual Permit will be administered
by a qualified archeologist on the staff of or contracted by that
public agency or institution. The commission will be informed through
an annual report of all projects completed under the authority of
the Annual Permit with details adequate to confirm compliance.
(2)
Alternative mitigation permit. A permit issued
for a mitigation alternative may require additional conditions including
studies, investigations, or other actions as deemed necessary by the
commission, and will be specified in the terms and conditions of the
permit. Permission for construction to proceed may be granted depending
upon the satisfaction of the terms of the permit. Alternative forms
of mitigation may include, but are not limited to:
(A)
monitoring of a proposed construction project to
record and report the discovery of unanticipated, important archeological
deposits;
(B)
conducting archival and historical research to
document the significance of the site;
(C)
capping or burying in place important archeological
deposits if deemed appropriate by the commission;
(D)
protecting significant remaining portions of a
site by donation of the undisturbed area to a nonprofit organization,
state agency, or a political subdivision of the state; and
(E)
by acquisition and donation of a site or sites
to a nonprofit organization, state agency, or a political subdivision
of the state.
(3)
Data recovery permit. This permit category is for
the purpose of full investigation and extensive excavation of particular
archeological site or sites. Data recovery must be based on a research
design approved by the commission. The evidence from a skillfully
accomplished archeological excavation provides a detailed picture
of the human activities at the site; emphasis is placed on the information
that can be elicited rather than on the artifacts. In data recovery,
the archeological deposits are removed by digging and are, therefore
destroyed. Permission for construction to proceed may be granted depending
upon the results of this level of investigation. Specific requirements
may be set forth by the commission in the permit. The destruction
can be justified only if:
(A)
it is done with such care that antiquities and
cultural and environmental data in the area excavated are discovered,
and if possible, preserved;
(B)
information has been accurately recorded, whether
its importance is immediately recognized or not, to remain available
after the site has disappeared; and
(C)
the record and results of the investigation are
made available through publication.
(4)
Emergency permit. A permit may be authorized by
the commission for the purposes of performing investigations prior
to formal application for a permit. Any of the above-referenced categories
of investigations can be authorized under an emergency permit, but
an emergency permit will only be issued under conditions where the
investigations must be initiated or performed prior to the formal
issuance of the permit. Legitimate emergency conditions include those
situations when archeological deposits are discovered during development
or other construction projects or under conditions of natural or man-made
disasters that necessitate immediate action to deal with the situation
and findings. Permission for construction to proceed may be granted
depending upon the results of this level of investigation.
(5)
Exhumation permit. The excavation of human burials
or cemeteries and its associated funerary objects by a professional
archeologist, or principal investigator in accordance with the Texas
Health and Safety Code, Chapter 711.
(6)
Intensive survey permit. This permit category is
for the purpose of an intensive 100 percent pedestrian survey of a
project or permit area. Components of an intensive survey may include,
but are not limited to, archival research, pedestrian survey, shovel
and/or mechanical subsurface probing, surface artifact inventories,
site recordation, and site assessment. Such a survey can be performed
in many ways but must, at a minimum, conform to the Archeological
Survey Standards for Texas, which are available through the commission
and the Council of Texas Archeologists. Permission for construction
to proceed may be granted depending upon the results of this level
of investigation.
(7)
Monitoring permit. Unless otherwise specifically
authorized by the commission, this permit category is for the purpose
of having a professional archeologist on-site to observe construction
activities that may or will damage cultural resources. The archeologist
is required to report findings and impacts to sites to the commission.
Monitoring may be conducted during or after other phases of archeological
investigation and may not involve the need for a separate permit.
However, if monitoring is the only investigation deemed necessary
relative to a construction activity, then a monitoring permit will
be required. If previously unrecorded and significant archeological
deposits are recorded during a monitoring investigation, construction
activities in the immediate area of the find must stop and the principal
investigator must notify the Archeology Division of the find within
24 hours. Specific requirements of monitoring may be required by the
commission as part of the permit.
(8)
Preservation of rock art. This permit category
is for the purposes of preserving, removing, recording, and copying
all manner of rock art. Preservation techniques which involve application
of brushes, heat, chemicals, water, chalk, petroleum products, or
other preparations to the rock surfaces are prohibited unless specifically
authorized by the commission. Specific requirements may be included
by the commission as part of the permit.
(9)
Reconnaissance survey permit. This permit category
is for the purpose of location, inventory, and assessment of cultural
resources of a specific area by conducting archival searches and by
searching for sites. Reconnaissance is limited to recording site locations,
mapping, photographing, controlled surface sampling, and possible
limited shovel testing. A reconnaissance survey does not take the
place of an intensive survey; it is used to determine whether an intensive
survey will be warranted. Specific requirements may be imposed by
the commission as part of the permit. Permission for construction
to proceed may be granted depending upon the results of this level
of investigation.
(10)
Testing permit. This permit category is for the
purpose of detailed subsurface examination of cultural resources including
systematic test excavations of a particular site or area. Testing
must be oriented toward sampling a representative portion of a particular
site or sites and may be conducted to determine if a landmark contains
significant materials. Specific requirements may be imposed by the
commission as part of the permit. Permission for construction to proceed
may be granted depending upon the results of this level of investigation.
(11)
Underwater excavations permit. In order to fulfill
justified research objectives, or if damage to significant historic
and prehistoric sites cannot be avoided, a full-scale underwater archeological
excavation must be carried out under the direct supervision of an
underwater archeologist. The intensive investigation and excavation
must include documentary research and, for shipwrecks, detailed magnetometer
work. Excavations must be supported by adequate equipment and supplies
to insure proper recording, preservation, and the recovery of the
maximum amount of data. Thorough analysis and a complete report are
required. Proper antiquities conservation is required for all artifacts,
and all specimens recovered are state property. Specific requirements
may be included by the commission as part of the permit. Permission
for construction to proceed may be granted depending upon the results
of this level of investigation.
(12)
Underwater survey permit. Underwater resources
include shipwrecks and submerged prehistoric and historic sites. Surveys
for these cultural resources are conducted with electronic instrumentation
including the proton magnetometer, side-scan and subbottom sonar,
and positioning systems. In some instances divers, using scuba gear
search for and examine a specific site or structure. Work is conducted
under the direct supervision of an underwater archeologist or underwater
archeological surveyor. Data acquired are to be rendered to the commission
along with an analysis and report. Specific requirements may be included
by the commission as part of the permit. Permission for construction
to proceed may be granted depending upon the results of this level
of investigation.
(13)
Underwater test excavations permit. Significant
magnetic and/or acoustic anomalies discovered during survey must be
tested by excavation under the direct supervision of an underwater
archeologist in order to determine the source of the anomalies. Inspection
by divers, coring, or other appropriate means must be used to test
the nature of suspected prehistoric or historic sites. In the case
of magnetic anomalies, sediment must be removed to allow identification,
approximate dating, and determination of the importance of objects
and sites found. Any artifacts recovered from state lands are property
of the State of Texas. Extensive recovery during testing is discouraged.
Accepted standards for provenience control and archeological data
recovery must be maintained. Data must be analyzed and rendered to
the commission in a written report. Proper conservation of any artifacts
recovered must be carried out. Specific requirements may be required
by the commission as part of the permit. Permission for construction
to proceed may be granted depending upon the results of this level
of investigation.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2013.
TRD-201301700
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 20, 2013
Proposal publication date: March 1, 2013
For further information, please call: (512) 463-1858
13 TAC §§26.19 - 26.24
The new sections are adopted under §442.005(b),
(h), (q), and (r); and §442.007(e) of the Texas Government Code
and §191.052 of the Texas Natural Resources Code, which provide
the THC with the authority to promulgate rules and conditions to reasonably
effect the purposes of this chapter.
No other statutes, articles, or codes are affected by this adoption.
§26.21.Issuance and Restriction of Historic Buildings and Structures Permits.
(a)
Permits are issued by the commission and must be
signed by the executive director, the director of the Division of
Architecture, or a designated representative. The executive director
may choose to submit the permit application to the Antiquities Advisory
Board for its consideration. Permits that are denied by commission
staff may be appealed by the applicant to the Antiquities Advisory
Board. The board shall review such applications at its next scheduled
meeting, provided it shall have a minimum of 30 days to prepare for
such review. Recommendations of the board shall be taken to the next
scheduled meeting of the commission by the chairman of the board or
by one of the other commissioners who serve on the board for action
thereon.
(b)
Terms and conditions. When a permit is issued,
it will contain all standard and special terms and conditions governing
the project work.
(c)
Permit period. No permit will be issued for less
than six months, nor more than ten years, but may be issued for any
length of time within those limits as deemed necessary by the commission
in consultation with the applicant and project architect.
(d)
Transferal of permits. No permit issued by the
commission will be assigned by the permittee in whole or in part to
any other institution, museum, corporation, organization, or individual
without the consent of the commission.
(e)
Permit expiration. The expiration date is specified
in each permit and is the date by which all project work must be complete,
including submission of the required completion report and fulfillment
of all terms and conditions of the permit. It is the responsibility
of the permittee, project architect, and professional firm to meet
any and all permit terms and conditions prior to the expiration date
listed on the permit.
(1)
Expiration notification. The permittee and project
architect will be notified 60 days in advance of permit expiration.
(2)
Expiration extension. The permittee or project
architect must provide a written request to the commission if an extension
of the final due date for completion of the permit is desired. The
request must detail the reason(s) an extension is necessary and state
when completion of the permit requirements is expected. The Division
of Architecture (DoA) of the commission will review the extension
request to determine whether an extension is warranted. Permit extensions
will be issued by letter and may extend the permit completion due
date once for no less six months and no more than ten years as deemed
appropriate. Permit extensions requested for preparation of the completion
report, following substantial completion of the permitted work, will
be issued for no greater than nine months, unless authorized by the
Antiquities Advisory Board. If an additional extension is subsequently
requested, the DoA may issue the extension or request that the Antiquities
Advisory Board review the request and make a recommendation to the
commission regarding further extension. The commission may, by a majority
vote of its members, approve or disapprove an additional extension
of the final due date of an Antiquities Permit, provided that the
following conditions are met:
(A)
the permittee, project architect, and/or the professional
firm listed on the permit must provide written documentation to the
Antiquities Advisory Board and give an oral presentation justifying
why an additional permit due-date extension is warranted; and
(B)
justification for the additional extension must
show that the extension is needed due to circumstances beyond the
control of the permittee, project architect, or professional firm.
Examples include, but are not limited to: funding problems or death
of the project architect.
(f)
Expiration responsibilities. Professional firms
must ensure that a project architect is assigned to a permit at all
times, until all obligations under the permit have been fulfilled,
regardless of whether the permit is active or has expired. Expired
permits are considered to be in default and will be reported to the
Antiquities Advisory Board. Commission staff or the board may request
that the permittee, project architect, and/or professional firm appear
and give an oral presentation regarding the need for an extension
pursuant to subsection (e)(2) of this section, or the board may pursue
other remedies as allowed under §26.24 of this title (relating
to Compliance with Rules for Historic Buildings and Structures Permits).
(g)
Permit amendments. Proposed changes in the terms
and conditions of the permit must be approved by the commission's
executive director, the director of the DoA, or their designated representative.
This includes changes in the permitted project plans and specifications
that could affect the integrity of the structure, building, or site.
(h)
Permit hold or cancellation. The commission may
place on hold or cancel a Historic Buildings and Structures Permit
pursuant to §26.24 of this title under the following circumstances:
(1)
the death of the project architect;
(2)
failure of the permit applicant to fully fund the
permitted project work;
(3)
project work undertaken does not comply with the
terms, conditions and approved project documents under the permit;
and/or
(4)
violation of §26.24 of this title.
(i)
Institutions of higher education. If an institution
of higher education notifies the commission that it protests the terms
of a permit granted to an institution of higher education under this
section, the matter becomes a contested case under the provisions
of the Administrative Procedure Act, Texas Government Code §2001.051,
et seq. The institution of higher education must notify the commission
of its protest within 30 days of its receipt of notice of the terms
of the permit to initiate a contested case. The hearing officer and
the commission will follow the procedures and take into account the
criteria listed in Texas Natural Resources Code, §191.021(c).
Weighing these criteria against the criteria specified in §26.20(b)
of this title (relating to Standards for the Treatment of Historic
Properties), the commission shall include a requirement in a permit
only if the record before the committee establishes by clear and convincing
evidence that such inclusion would be in the public interest.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2013.
TRD-201301701
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 20, 2013
Proposal publication date: March 1, 2013
For further information, please call: (512) 463-1858
13 TAC §§26.25 - 26.27
The new sections are adopted under §442.005(b),
(h), (q), and (r); and §442.007(e) of the Texas Government Code
and §191.052 of the Texas Natural Resources Code, which provide
the THC with the authority to promulgate rules and conditions to reasonably
effect the purposes of this chapter.
No other statutes, articles, or codes are affected by this adoption.
§26.25.Memorandum of Understanding with Texas Department of Transportation.
(a)
Purpose and Authority. This section contains the
memorandum of understanding (MOU) entered into by the Texas Historical
Commission (THC) and the Texas Department of Transportation (TxDOT)
in accordance with Texas Government Code, §442.005 and §442.007;
Texas Natural Resources Code, §191.0525(f); and Transportation
Code, §201.607. The purpose of this MOU is to provide a formal
mechanism for expediting THC review of TxDOT's transportation projects
that potentially pose adverse effects on cultural resources. This
MOU supersedes the previous MOU made effective on June 8, 2004.
(b)
Applicability.
(1)
Except as provided in paragraph (2) of this subsection,
this section generally applies to:
(A)
a transportation project for which an environmental
review is being or will be performed under 43 TAC Chapter 2 (relating
to Environmental Review of Transportation Projects); or
(B)
any other type of project coordinated at TxDOT's
request.
(2)
Federally funded, licensed or permitted projects
may follow the procedures of this section only if doing so would not
conflict with environmental rules promulgated by the lead federal
agency.
(c)
Programmatic Agreements.
(1)
Provisions of this MOU may be implemented, in part,
through a Programmatic Agreement (PA) among the Federal Highway Administration
(FHWA), the Texas State Historic Preservation Officer (TSHPO), the
Advisory Council on Historic Preservation (Council), and TxDOT.
(2)
With respect to federally funded projects, instead
of the procedures set forth in this MOU, THC and TxDOT shall use the
applicable procedures outlined in their First Amended Programmatic
Agreement Among the Federal Highway Administration, the Texas Department
of Transportation, the Texas State Historic Preservation Officer,
and the Advisory Council on Historic Preservation Regarding the Implementation
of Transportation Undertakings (PA-TU) and its successors to provide
for innovation and efficiency in the timely development of TxDOT's
transportation projects considerate of their impacts on cultural resources.
(3)
TxDOT and THC will seek to revise the existing
PA, amended in 2005, to reflect the streamlined procedures contained
in this MOU.
(d)
Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1)
Antiquities permit--A permit issued by THC in order
to regulate the taking, alteration, damage, exhumation, destruction,
salvage, archeological survey, testing, excavation and study of State
Antiquities Landmarks including prehistoric and historic archeological
sites, and the preservation, protection, stabilization, conservation,
rehabilitation, restoration, reconstruction, or demolition of historic
structures and buildings designated as a State Antiquities Landmark
(or listed in the National Register of Historic Places (NRHP)).
(2)
Area of potential effects (APE)--The geographic
space or spaces within which an undertaking may cause changes in the
character or use of historic properties, if any such properties exist.
(A)
The area of potential effects for archeological
properties will be confined to the limits of the proposed project
right of way (including permanent and temporary easements), utility
relocations designated by TxDOT, and project-specific locations designated
by TxDOT. The area of potential effects also extends to the depth
of impacts caused by the undertaking.
(B)
The area of potential effects for non-archeological
historic properties for all non-federal undertakings will be confined
to the limits of the proposed project right of way (including permanent
and temporary easements), utility relocations, and project-specific
locations specifically designated by TxDOT.
(3)
Cultural resources--A general term referring to
buildings, structures, shipwrecks, objects, sites, and districts more
than 50 years of age with the potential to have significance in local,
state, or national history.
(4)
Effect--Alteration to the characteristics of a
historic property qualifying it for formal designation as a State
Antiquities Landmark.
(5)
Eligibility--A property's eligibility for designation
as a State Antiquities Landmark, as set forth in this chapter.
(6)
Emergency Permit--A permit that may be used by
TxDOT under certain emergency circumstances for the purposes of performing
investigations prior to formal application for an antiquities permit.
(7)
Historic property--Any prehistoric or historic
district, site, building, structure, or object that meets the requirements
for designation as a State Antiquities Landmark as set forth in this
chapter.
(8)
Minor widening--Roadway projects resulting in pavement
profile widened to less than double their original width, resulting
from adding travel/center-turn lanes or paved shoulders.
(9)
Project-specific location--The location of specific
material sources (e.g., base material, borrow and sand pits) and other
sites used by a construction contractor for a specific project.
(10)
State Antiquities Landmark (SAL)--Both Archeological
and Non-archeological historic properties that are designated or eligible
for designation as landmarks as defined in Subchapter D of the Antiquities
Code of Texas (Texas Natural Resources Code, Chapter 191) and identified
in accordance with this chapter.
(11)
THC--Texas Historical Commission.
(12)
Transportation enhancement--An activity that is
listed under 23 United States Code §101(a)(35), relates to a
transportation project, and is eligible for federal funding under
23 United States Code §133.
(13)
Transportation project--A project to construct,
maintain or improve a highway, rest area, toll facility, aviation
facility, public transportation facility, rail facility, ferry, or
ferry landing. A transportation enhancement is also a transportation
project.
(14)
TxDOT--Texas Department of Transportation.
(e)
Coordination Responsibilities.
(1)
Texas Department of Transportation. The coordination
responsibilities of TxDOT under this MOU are defined as follows.
(A)
Except as provided in subsections (g) and (t) of
this section, or other provisions of this chapter that exclude projects
from coordination requirements, TxDOT shall coordinate review of transportation
projects for which TxDOT is the project sponsor under 43 TAC §2.7
(relating to Project Sponsor) with THC for both archeological resources
and cemeteries, and non-archeological historic properties, as described
in this MOU.
(B)
All coordination required by this MOU shall be
conducted by or through TxDOT's Environmental Affairs Division or
its successor as established by TxDOT administration, unless the Division
(or its successor) and THC agree in writing to allow other appropriate
organizational units of TxDOT or other entities approved by the respective
agencies to conduct the coordination.
(C)
Work in TxDOT right-of-way that is not associated
with a project for which TxDOT is the project sponsor under 43 TAC §2.7
is the responsibility of the project sponsor and not of TxDOT (see
Texas Natural Resources Code §191.0525), except as provided under
subparagraph (E) of this paragraph. The project sponsor is responsible
for coordinating directly with THC for such work, using the terms
of this MOU to the extent THC determines appropriate. Examples of
projects that will be coordinated by the non-TxDOT project sponsor
directly with THC include but are not limited to:
(i)
on-system highway projects funded entirely with
local funds;
(ii)
utility relocations or installations within TxDOT
right-of-way sponsored by other entities; and
(iii)
driveway and access connections sponsored by
other entities.
(D)
TxDOT shall not be a signatory to any permit issued
by THC to another entity for work on a project funded or sponsored
by such other entity.
(E)
In accordance with subsection (h) of this section,
TxDOT may coordinate projects sponsored or funded by another entity
under this MOU by agreement with the non-TxDOT project sponsor, and
TxDOT will provide notice to THC when it coordinates such projects.
(2)
THC. The coordination responsibilities of THC under
this MOU are to conduct any review required by this section in an
efficient manner, to provide timely feedback to TxDOT about projects
coordinated under this section, and to apply any funding provided
by TxDOT solely to the review of TxDOT's projects in an manner that
most efficiently streamlines THC's effective review and early coordination.
(f)
Qualifications of Staff and Use of Consultants.
(1)
All cultural resource investigations executed under
the terms of this MOU shall be implemented by staff who meet the requirements
for Professional Personnel set forth in this chapter; or the Secretary
of the Interior's Professional Qualification Standards (36 C.F.R.
Part 61, Appendix A).
(2)
TxDOT has the right to perform cultural resource
investigations using staff or consultants who meet the professional
standards cited in paragraph (1) of this subsection.
(3)
Cultural resource surveys, investigations, permit
applications, and other work performed by consultants shall be coordinated
with THC by or through TxDOT's Environmental Affairs Division, or
its successor as established by TxDOT administration, unless it and
THC agree in writing to allow other appropriate organizational units
of TxDOT or other entities approved by the respective agencies to
coordinate the work.
(g)
Projects Excluded from Review for Archeological
Resources and Cemeteries.
(1)
Routine roadway maintenance projects and projects
with minor levels of ground disturbance, by their nature and definition,
do not have the potential to affect historic properties, and do not
require review of their potential project impacts on archeological
resources or cemeteries by THC under this chapter or under this MOU.
Such projects include vegetation control, traffic control, routine
painting and striping, and other activities with less than 100 cubic
yards of ground disturbance below the original grade. The following
activities also do not require review of their potential impacts on
archeological resources or cemeteries under this chapter or under
this MOU:
(A)
installation, repair, or replacement of fencing,
signage, traffic signals, railroad warning devices, safety end treatments,
cameras and intelligent highway system equipment;
(B)
projects involving purchase or acquisition of land
without associated ground-disturbing activities;
(C)
routine structural maintenance and repair of bridges,
highways, railroad crossings, picnic areas, and rest areas;
(D)
in-kind repair, replacement of lighting, signals,
curbs and gutters, and sidewalks;
(E)
crack seal, overlay, milling, grooving, resurfacing,
and restriping;
(F)
replacement, upgrade, and repair of safety barriers,
ditches, storm drains, and culverts;
(G)
intersection improvements, including repair or
replacement of overpasses, that require less than 0.5 acres of additional
right of way at each intersection;
(H)
placement of riprap to prevent erosion of waterway
banks and bridge piers provided no ground disturbance is required;
(I)
all maintenance work between a highway and an adjacent
frontage road;
(J)
installation of noise barriers or alterations to
existing publicly owned buildings less than 50 years old, to provide
for noise reduction except in potential or listed National Register
districts;
(K)
driveway and street connections;
(L)
all work within interchanges and within medians
of divided highways;
(M)
all work between the flowlines of the ditches and
channels and above the original line and grade;
(N)
ditch and channel maintenance, provided removal
of fill is above the original line and grade;
(O)
repairs needed as a result of an event, natural
or man-made, which causes damage to a designated state highway, resulting
in an imminent threat to life or property of the traveling public
or which substantially disrupts or may disrupt the orderly flow of
traffic and commerce;
(P)
the installation and modification of sidewalks
(including the addition of American with Disabilities Act (ADA) ramps)
except:
(i)
sidewalk installations where the depth of impact
exceeds one foot;
(ii)
sidewalk and ADA ramp projects within the historic
districts in the following cities or towns: Goliad, Rio Grande City,
Roma, San Antonio, San Elizario, and San Ygnacio; and
(iii)
sidewalk or ADA ramp projects within the limits
of the following cities or towns: Anahuac, Nacogdoches, San Patricio,
and Socorro;
(Q)
design changes for projects that have completed
all applicable review and consultation where the new project elements
comprise only one or more of the activities listed in this section;
or
(R)
other kinds of undertakings jointly agreed to in
writing by THC and TxDOT.
(2)
Projects that are exempt from project-specific
review for compliance with this chapter and review under this MOU,
as specified in paragraph (1) of this subsection, are also exempt
from compliance with other THC rules regarding project-specific investigations
or coordination for potential impacts to cemeteries promulgated under
Texas Health and Safety Code, §711.012(c), unless one of the
following two conditions is present:
(A)
pavement would be extended to within 15 feet of
the boundary of a known cemetery founded earlier than 1955; or
(B)
another project element would directly affect known
burials.
(h)
Procedures for Project Coordination when the Project
Requires Review for Archeological Resources and Cemeteries.
(1)
For projects subject to review for archeological
resources and cemeteries under this MOU, TxDOT will evaluate the APE
for potential project effects to archeological historic properties
and to determine whether the APE contains cemeteries. TxDOT must make
reasonable efforts and act in good faith when complying with this
requirement.
(2)
TxDOT may approve projects to proceed to construction
without review by THC when TxDOT staff finds that the project will
not affect archeological historic properties and the project APE will
not contain cemeteries.
(3)
TxDOT will submit a quarterly report of projects
evaluated and approved internally to THC.
(4)
TxDOT will submit projects to THC for review when
TxDOT staff finds the project may affect archeological historic properties
or the project APE contains cemeteries. TxDOT may, at its discretion,
submit projects for THC review in cases where TxDOT staff finds that
the project will not affect archeological historic properties, and
the project APE does not contain cemeteries.
(5)
In its request for review, TxDOT will make one
or more of the following findings, determinations, and recommendations:
(A)
In cases where no archeological sites or cemeteries
occur or are likely to occur in some or all of the APE, TxDOT will
propose a finding of no effect in those portions of the APE and recommend
that the project proceed to construction in those portions.
(B)
In cases where an archeological site occurs within
the APE but the portion of the site within the APE does not have characteristics
that qualify it as an archeological historic property or is not likely
to have such characteristics, TxDOT will propose a determination that
the portion of the site in the APE is not an archeological historic
property, find that the project will have no effect on archeological
historic properties at the site location, and recommend that the project
proceed to construction at the location of the site.
(C)
In cases where the portion of a site within the
APE has characteristics that qualify it as an archeological historic
property, TxDOT will propose a determination that an archeological
historic property occurs within the APE.
(D)
In cases where the APE contains an archeological
historic property or cemetery, TxDOT will either propose a finding
that the project will have no adverse effect on the site or propose
a finding that the project will have an adverse effect on the site.
(E)
If a project will have an adverse effect on an
archeological historic property or cemetery within the APE, TxDOT
will also recommend to THC an appropriate means by which to resolve
the potential adverse effect.
(i)
The resolution of adverse effects may take one
of the following forms:
(I)
the avoidance of the site during construction;
(II)
an alternative mitigation strategy, such as the
preservation of a comparable site or the re-analysis of an existing
collection;
(III)
data recovery excavation or exhumation; or
(IV)
another form of resolution approved by THC.
(ii)
In cases where data recovery is the selected means
for resolving adverse effects, TxDOT will coordinate with THC at several
stages during the data recovery process according to the following
procedures, unless TxDOT and THC agree in writing to different procedures:
(I)
TxDOT will submit an initial data recovery plan
as part of a permit application for data recovery to THC for review.
(II)
TxDOT will submit a brief report, documenting
whether the fieldwork met the terms of the initial data recovery plan
and justifying any deviation, to THC for review. When appropriate,
TxDOT will recommend that the project be approved to proceed to construction
and destruction of any remaining portion of the site within the APE.
(III)
TxDOT will submit a revised data recovery plan,
based on a preliminary review of field data and recovered materials,
to THC for review. When appropriate, TxDOT will recommend that the
revised plan be adopted for the completion of data recovery analysis
and reporting.
(IV)
TxDOT will submit a draft data recovery report
to THC for review. When appropriate, TxDOT will recommend that the
report be accepted in partial satisfaction of the terms of the permit
and in satisfaction of TxDOT's obligations for resolving the adverse
effects of the project on the site.
(V)
TxDOT will ensure that data recovery investigations
do not begin before the State of Texas' legal right to ownership of
the artifacts to be recovered has been secured.
(F)
THC will respond within 20 calendar days of receipt
of the TxDOT request for review. The response will include:
(i)
a statement of concurrence or nonconcurrence with
TxDOT's findings and recommendations;
(ii)
a determination of site eligibility for all evaluated
sites; and
(iii)
any other comments relevant to the archeological
resources or cemeteries which could be affected by the project.
(6)
If THC does not respond within 20 calendar days,
TxDOT may assume that THC concurs with TxDOT's findings, determinations,
and recommendations and may proceed with the project in accordance
with the procedures required in this MOU.
(i)
Background Studies for Archeological Resources
and Cemeteries.
(1)
For projects subject to review for archeological
resources and cemeteries under this MOU, based on the results of background
research, TxDOT will identify projects or portions of projects' APEs
that require archeological field investigation.
(2)
Eligibility determinations that TxDOT performs
under this MOU will not require field investigations if sufficient
background information exists to demonstrate that the portion of the
site to be affected does not have potential research value.
(3)
Determinations that TxDOT makes under this MOU
regarding the presence of cemeteries in project APEs may be made through
the use of maps, project-area photographs, or other background research.
(j)
Permits for Archeological Resources and Cemeteries.
THC shall issue antiquities permits for reconnaissance survey, intensive
survey, monitoring, eligibility testing, exhumations, and emergencies
to archeological staff at TxDOT under the following terms:
(1)
The archeological staff of TxDOT's Environmental
Affairs Division, or its successor as established by TxDOT administration,
oversees the work.
(2)
The work shall be completed in accordance with
the provisions of the MOU.
(3)
THC shall not require TxDOT to submit an antiquities
permit application.
(4)
In lieu of a permit application, TxDOT archeological
staff shall notify THC in writing (by email or letter) of:
(A)
the principal investigator;
(B)
the investigation type and scope of work;
(C)
the county in which the project will occur;
(D)
the project name or identifier (site trinomial,
if applicable); and
(E)
the period of time for which the permit is desired.
(5)
TxDOT staff may initiate work following notification
of THC.
(6)
THC shall issue a permit number within five business
days of receiving the notification.
(7)
TxDOT may revise the type of investigation based
on observations made during the conduct of work as long as TxDOT provides
to THC notification of the change prior to submission of the report.
(8)
When conditions of natural disasters, man-made
disasters, or post-review discovery necessitate immediate action,
TxDOT may initiate work under an emergency permit without having first
requested and received the permit number subject to the following
conditions:
(A)
TxDOT staff shall only conduct work under an emergency
permit when archeological deposits are discovered during development
or other construction projects or under conditions of natural or man-made
disasters that necessitate immediate action to deal with the situation
and findings.
(B)
TxDOT will provide notification to THC to obtain
the permit number within five working days of initiating the work.
(C)
All categories of investigations can be authorized
under an emergency permit, but an emergency permit will only be issued
under emergency conditions where the investigations must be initiated
or performed prior to notification under paragraph (4) of this subsection.
(9)
THC shall consider the work conducted under the
permit completed upon receipt of:
(A)
one unbound report;
(B)
two tagged pdf format reports on an archival quality
CD or DVD, one containing all maps and locational information and
one with maps and locational information redacted;
(C)
a shape file of the project area subject to investigation;
and
(D)
a completed abstract form.
(10)
The number of defaulted permits accrued by particular
TxDOT staff while working for TxDOT shall not affect the issuance
of additional permits to other TxDOT staff by THC for TxDOT projects.
(11)
The inspection of a project APE or proposed APE
for purposes of evaluating the kind of archeological investigation
that may be required (scoping) shall not constitute an activity that
requires a permit from THC when that activity does not result in a
report to be coordinated under the terms of the MOU.
(12)
All types of archeological investigations conducted
by TxDOT but not covered by this section shall require submission
of an antiquities permit application and adhere to the terms of the
permit and this chapter.
(k)
Surveys for Archeological Resources and Cemeteries.
(1)
Surveys may be limited to an evaluation of existing
impacts or stratigraphic integrity when these activities are sufficient
to determine that any sites present are unlikely to be eligible.
(2)
Eligibility determinations that TxDOT performs
under this MOU do not require subsurface investigation if it can be
demonstrated that the portion of the site to be affected is not likely
to have sufficient integrity to be eligible.
(3)
For portions of the APE where deposits may retain
sufficient integrity for sites to be eligible, TxDOT survey methods
will conform with THC's Archeological Survey Standards or with other
appropriate methods, except as provided in subparagraphs (A) and (B)
of this paragraph:
(A)
TxDOT reserves the right to depart from published
survey standards in cases where it deems appropriate.
(B)
THC reserves the right to review non-standard procedures
for their adequacy.
(4)
Survey methods will be considered adequate for
the identification of burials and cemetery boundaries when the portions
of the APE within 25 feet of a known cemetery have been investigated
and the survey included scraping to a depth adequate to determine
whether grave shafts or burials occur in the APE.
(5)
A survey to identify burials does not comprise
an activity with the potential to cause an adverse effect to a historic
property.
(l)
Archeological Eligibility Testing Phase.
(1)
The following methods will be employed for test
excavations:
(A)
Mechanical trenches will be excavated and profiles
documented in order to characterize the area's potential for archeological
deposits with sufficient integrity to be eligible to occur at the
site.
(B)
The extent of the site within the APE will be sampled
through some combination of shovel-testing, column sampling, augering,
surface collection, and geophysical prospection in order to characterize
the distribution of archeological materials across the site.
(C)
Additional units will be excavated and screened
to evaluate site areas that appear to have the best potential for
yielding important data with good integrity, based on the results
of previous work.
(D)
The materials analyzed will comprise those materials
most likely to contribute important information about prehistory or
history.
(E)
TxDOT reserves the right to depart from these methods
in cases where it deems appropriate and shall justify deviations in
the report.
(2)
Data from test excavation projects shall be made
available to qualified researchers.
(m)
Archeological Excavation and Data Recovery.
(1)
When appropriate and established in the final research
design approved by THC, TxDOT will develop public educational outreach
projects for significant data recovery investigations.
(2)
Data from data recovery projects shall be made
available to qualified researchers.
(n)
Exhumation.
(1)
Exhumation is a form of investigation to resolve
the adverse effects of a project on a cemetery.
(2)
Exhumation efforts may be staged as a separate
phase of work from burial identification. Following procedures set
forth in Texas Health and Safety Code, Chapter 711, exhumation may
begin once any required notifications of next of kin or other procedures
required by Texas Health and Safety Code, Chapter 711 have been conducted.
(3)
The following tasks represent a sufficient, reasonable
and good faith effort to identify remains and any next of kin associated
with burials in unknown or abandoned cemeteries:
(A)
making inquiries through the local County Historical
Commission;
(B)
posting notices with local news outlets; and
(C)
posting notices with local churches.
(4)
An exhumation project is itself not a type of investigation
that requires an outreach effort or curation of materials at a state-certified
facility.
(o)
Archeological Sites found after Award of Contract.
(1)
When previously unknown archeological remains are
encountered after award of a construction contract, TxDOT will immediately
suspend construction or any other activities that would affect the
site.
(2)
TxDOT will inform THC of the discovery of previously
unknown archeological remains and invite THC to accompany TxDOT staff
(or consultants) to the location within ten business days of the discovery.
(3)
TxDOT, in consultation with THC, will evaluate
the need, if any, for further investigations.
(4)
If TxDOT determines that the discovery is an unrecorded
archeological site, then TxDOT or its consultants shall complete an
electronic TexSite archeological site survey form.
(5)
If TxDOT determines that the site does not warrant
further investigations because it is not a historic property, construction
will resume. TxDOT will document its findings.
(6)
If TxDOT determines that the site warrants further
investigation because the site may be a historic property, TxDOT will
take one of the following three actions, as appropriate:
(A)
a permit amendment will be sent to THC for the
additional work, if an existing permit for the project is still open;
(B)
a notification for a new permit will be sent to
THC; or
(C)
TxDOT will perform necessary investigations under
an emergency permit.
(7)
Upon completion of the investigation in accordance
with any applicable permit terms, construction may proceed as planned.
(p)
Standard Treatments for Particular Resource Types.
(1)
Isolated wells or cisterns unassociated with other
remains will be treated as follows:
(A)
Isolated wells or cisterns that post-date 1900
A.D. do not warrant notification of THC or additional investigation.
Removal or sealing of these features does not constitute an adverse
effect.
(B)
Isolated wells or cisterns that pre-date 1900 A.D.
require documentation of their location, construction, and condition.
Upon completion of the documentation, these features may be backfilled
and capped. These activities do not constitute an adverse effect.
(2)
Burnt rock midden features that have not been obviously
destroyed by modern disturbances will be treated as follows:
(A)
the feature will be trenched to expose a cross-section;
(B)
the exposed profiles will be documented, focusing
on the identification of any internal structure;
(C)
column samples will be taken from the exposed profile
in order to collect samples for flotation and dating from each deposit
recognized in the profile;
(D)
deviations from this standard approach may be undertaken
if TxDOT coordinates an alternate approach with THC; and
(E)
any additional work on the feature will be determined
in consultation between TxDOT and THC, based on the results of the
trenching.
(q)
Artifact Recovery and Curation.
(1)
Artifact recovery.
(A)
Artifacts or analysis samples (such as soil samples)
that are recovered from survey, testing, or data recovery investigations
by TxDOT or their contracted agents that address the research questions
must be cleaned, labeled, and processed in preparation for long-term
curation unless the artifacts or samples are approved by THC for discard
under this chapter and Chapter 29 of this title (relating to Management
and Care of Artifacts and Collections).
(B)
To ensure proper care and curation, recovery methods
must conform to the applicable requirements of this chapter and Chapter
29 of this title.
(2)
Artifact curation.
(A)
TxDOT or its permitted contractor may temporarily
house artifacts and samples during laboratory analysis and research,
but upon completion of the analysis, artifacts and accompanying documentation
must be transferred to a permanent curatorial facility in accordance
with the terms of the antiquities permit.
(B)
Artifacts and samples will be placed at an appropriate
artifact curatorial repository which fulfills the applicable requirements
of Chapter 29 of this title, as approved by THC. When appropriate,
TxDOT will consult with THC to identify for disposal collections or
portions of collections that do not have identifiable value for future
research or public interpretation. Final approval regarding the disposition
of collections will be made by THC.
(C)
TxDOT is responsible for the curatorial preparation
of all artifacts to be submitted for curation so that they are acceptable
to the receiving curatorial repository and fulfill the applicable
requirements of this chapter and Chapter 29 of this title, as approved
by THC.
(r)
Documentation for Archeological Resources and Cemeteries.
(1)
Projects subject to review for archeological resources
and cemeteries under this MOU will be documented by TxDOT in the manner
described in this section. Documentation for each such project will
include, at a minimum:
(A)
a description of the project, defining the APE
or the investigated portion of the APE in three dimensions;
(B)
a project location map, plotting the project location
on 7.5' Series USGS quadrangle maps;
(C)
information regarding the setting that is relevant
for the assessment of the integrity of any archeological sites within
the APE;
(D)
information on previously recorded archeological
sites in the project location;
(E)
description and justification of the level of effort
undertaken for the investigation; and
(F)
results and recommendations.
(2)
All TxDOT survey and testing reports will also
include:
(A)
description and justification of field methods,
including the sampling strategy;
(B)
description and quantification of any archeological
materials identified;
(C)
accurate plotting of any sites found on 7.5' Series
USGS quadrangle maps;
(D)
submission of electronic TexSite archeological
site survey forms to the Texas Archeological Research Laboratory;
and
(E)
recommendations regarding whether any site merits
further investigation.
(s)
Quarterly Reports for Archeological Resources and
Cemeteries. Quarterly reports will be submitted by TxDOT to THC within
60 business days after the end of the calendar quarter, listing all
projects for which TxDOT has documented that no historic properties
or cemeteries are present in the project's area of potential effect,
and those projects that will have no adverse effects on archeological
historic properties or cemeteries.
(t)
Projects Excluded from Review for Non-Archeological
Historic Properties.
(1)
For the purposes of this subsection, the term historic
properties will refer only to non-archeological historic properties.
(2)
Based on previous coordination outcomes, TxDOT
and THC agree that the following types of routine roadway projects
listed in subparagraphs (A) - (I) of this paragraph pose limited potential
to affect historic properties:
(A)
maintenance, repair, installation, or replacement,
of transportation-related features, including fencing, signage, traffic
signals, railroad warning devices, safety end treatments, cameras
and intelligent highway system equipment, bridges, railroad crossings,
picnic areas, rest areas, roadside parks, lighting, curbs and gutters,
safety barriers, ditches, storm drains, culverts, overpasses, channels,
rip rap, and noise barriers;
(B)
maintenance, repair, or replacement of roadway
surfacing, including crack seal, overlay, milling, grooving, resurfacing,
and restriping;
(C)
maintenance, repair, reconfiguration, or correction
of roadway geometrics, including intersection improvements and driveway
and street connections;
(D)
maintenance, repair, installation or modification
of pedestrian and cycling-related features, including American with
Disabilities Act ramps, trails, sidewalks, and bicycle and pedestrian
lanes;
(E)
maintenance, repair, relocation, addition, or minor
widening of roadway, highway, or freeway features, including turn
bays, center turn lanes, shoulders, U-turn bays, right turn lanes,
travel lanes, interchanges, medians, and ramps;
(F)
maintenance, repair, replacement, or relocation
of features at crossings of irrigation canals, including bridges,
new vehicle crossings, bank reshaping, pipeline and standpipe components,
canal conversion to below-grade siphons, and utilities;
(G)
repairs needed as a result of an event, natural
or man-made, which causes damage to a designated state highway, resulting
in an imminent threat to life or property of the traveling public,
or which substantially disrupts or may disrupt the orderly flow of
traffic and commerce;
(H)
design changes for projects that have completed
all applicable review and consultation where the new project elements
comprise only one or more of the activities listed in this paragraph;
and
(I)
other kinds of undertakings jointly agreed to in
writing by THC and TxDOT as not requiring review.
(3)
For projects described in paragraph (2)(A) - (I)
of this subsection, TxDOT qualified professional staff shall determine
whether additional evaluation is required due to direct effects to
historic properties. If no such evaluation is deemed necessary, such
projects are determined to pose no effect on historic properties and
do not require review by THC under this chapter or under this MOU.
(4)
For review-exempt projects, documentation shall
be limited to that maintained in TxDOT's official project files. THC
may audit TxDOT files for specific projects upon request.
(u)
Procedures for Project Coordination when the Project
Requires Review for Non-Archeological Historic Properties.
(1)
Historic properties. For the purposes of this subsection,
the term historic properties will refer only to non-archeological
historic properties.
(2)
Internal Review Projects. For projects subject
to review for historic properties under this MOU, TxDOT qualified
professional staff shall determine the presence or absence of historic
properties in the area of potential effects. Such efforts should focus
on the types of historic properties within public rights-of-way and
other sensitive areas, including but not limited to historic bridges,
historic road corridors, historic roadside parks and rest areas, historic
Depression Era masonry culverts, historic districts, historic courthouse
squares and other historic commercial zones. Project activities that
TxDOT determines will have no effect or no adverse effect on historic
properties may be internally reviewed by TxDOT and are approved for
construction. Documentation for such projects will be maintained in
official TxDOT project files and regularly reported to THC in accordance
with paragraph (4)(A) of this subsection.
(3)
Coordinated Projects. Projects subject to review
for historic properties under this MOU that are determined by TXDOT
qualified professional staff to pose an adverse effect on historic
properties shall require individual THC review according to the following
procedures:
(A)
THC will respond within 20 calendar days of receipt
of TxDOT's request for review by indicating whether an affected historic
property will require a historic structures permit for an SAL, or
whether THC intends to initiate an SAL nomination for the affected
property. If THC does not respond within 20 calendar days, TxDOT may
assume THC's concurrence with its determinations, and TXDOT may proceed
with the project to construction;
(B)
in accordance with Texas Government Code §442.008
and §17.2 of this title (relating to Review of Work on County
Courthouses), TxDOT will notify THC of any work affecting a county
courthouse or its surrounding site, up to and including the curb.
THC will respond within 20 calendar days of receipt of TxDOT's notification
by indicating whether a historic structures permit for an SAL or additional
consultation pursuant to a preservation covenant or easement will
be required; and
(C)
state-funded projects coordinated under this MOU
that may subsequently require a federal permit or change to federal
funding, and that involve a direct taking of a historic property,
must be individually coordinated with THC in order to satisfy federal
regulations under 23 C.F.R. Part 774 and 36 C.F.R. Part 800. Procedures
outlined in the 2005 PA-TU or subsequent agreements will govern such
coordination.
(4)
Documentation. For projects that are internally
reviewed or individually coordinated under paragraphs (2) and (3)
of this subsection, TxDOT will comply with the following project documentation
requirements:
(A)
for projects that are internally reviewed under
paragraph (2) of this subsection, TxDOT will submit to THC a quarterly
report of internally approved projects within 60 business days after
the end of the calendar quarter. THC may audit TxDOT files for specific
projects submitted in the quarterly report. Quarterly report documentation
will include:
(i)
project description and scope;
(ii)
project location map with delineation of the APE
and location of historic properties;
(iii)
methodology used to identify historic properties;
(iv)
photographic and descriptive information for each
identified property;
(v)
description of public involvement activities;
(vi)
justification for findings of historic properties,
including setting, integrity, and contextual information; and
(vii)
justification of effects on historic properties,
including evaluations, reports, and other information relevant to
the findings by TxDOT; and
(B)
for projects that are individually coordinated
under paragraph (3) of this subsection, documentation submitted to
THC will include the items listed in subparagraph (A)(i) - (viii)
of this paragraph, and a description of efforts to avoid or minimize
harm, mitigation, and commitments.
(v)
Denial of Access. In cases where access to private
land for conducting investigations is denied prior to the approval
of the environmental review document, TxDOT will make a commitment
to complete appropriate investigations once access is obtained, but
prior to any construction related impacts.
(w)
MOU to Govern TxDOT Procedures. TxDOT satisfies
applicable THC requirements if it utilizes the procedures of this
MOU in lieu of other THC procedures. In cases where TxDOT is utilizing
this MOU in lieu of other THC procedures, TxDOT must follow the requirements
of this MOU.
(x)
Project-Specific Agreements. Any project-specific
agreements reached between TxDOT and THC regarding the evaluation
or treatment of project effects shall be honored by both parties and
shall supersede the requirements of this MOU. TxDOT and THC may deviate
from the terms of the agreement only when both parties concur that
the agreement requires revision.
(y)
Continuous Improvement Agreement. TxDOT and THC
agree to collaborate on improvements to their programs and development
of innovative solutions for expedited review procedures. Such mechanisms
may include using project outcomes to refine approaches to resource
identification, evaluation, treatment methods, programmatic mitigation
measures and interagency agreements that facilitate early coordination,
and streamlining and expedited review of TxDOT's transportation projects.
(z)
THC Review of TxDOT Project Files. THC may review
TxDOT project files for specific undertakings carried out under this
MOU. THC may recommend process improvements based on issues identified
during the review.
(aa)
Dispute Resolution. THC and TxDOT staff will be
responsible for attempting to resolve any conflict between THC and
TxDOT that results from the implementation of this section before
elevating to agency management.
(bb)
Review of MOU. This MOU shall be reviewed and
updated as provided by law or by agreement between the parties. THC
and TxDOT agree to convene every four years to review, update, or
extend this agreement.
§26.26.Memorandum of Understanding with Texas Water Development Board.
(a)
Introduction.
(1)
Whereas, the Texas Water Development Board (TWDB)
and the Texas Historical Commission (THC) desire to enter into a memorandum
of understanding (MOU) to help define how the TWDB will ensure projects
funded by the TWDB receive appropriate consideration of potential
impacts to all types of archeological sites, historic structures,
historic buildings, and cemeteries under the Antiquities Code of Texas
(Texas Natural Resources Code Chapter 191); and
(2)
Whereas, under the provisions of Texas Water Code §6.104,
TWDB may enter into a MOU with any other state agency and shall adopt
by rule any MOU between TWDB and any other state agency; and
(3)
Whereas, under the provisions of Texas Government
Code Chapter 442, the THC is charged with the responsibility for the
protection and preservation of the archeological and historical resources
of Texas; and
(4)
Whereas, under the provisions of the Texas Health
and Safety Code Chapter 711, the THC has a number of specified roles,
including the removal of burials from unknown or abandoned cemeteries;
and
(5)
Whereas, under the provisions of Texas Natural
Resources Code §§191.051, 191.053, and 191.054, THC may
contract with or issue permits to other state agencies for the discovery
and scientific investigation of archeological deposits;
(6)
Now, therefore, the TWDB and the THC agree to enter
into this MOU regarding appropriate review of potential impacts to
all types of archeological sites, historic structures, historic buildings,
and cemeteries for all projects to be constructed with financial assistance
from the TWDB.
(b)
Pre-construction Phase Responsibilities. In compliance
with this chapter, TWDB will ensure that applicants for financial
assistance provide the TWDB with documentation of appropriate coordination
with the THC during the project planning phase for review of potential
impacts to cultural resources on lands belonging to or controlled
by any county, city, or other political subdivision of the State of
Texas that may be impacted by proposed development projects funded
in whole or in part by TWDB.
(1)
Certain categories of projects funded by the TWDB,
as defined under 31 TAC Chapter 371, Subchapter E; 31 TAC Chapter
375, Subchapter E; and 31 TAC §363.14, may be excluded from the
formal environmental review requirements when the proposed project
scope or construction methods will not have any adverse impacts to
the human environment, including cultural resources, such as rehabilitation
or direct functional replacement of existing pipelines, pump station
equipment, storage tanks, or treatment facility equipment. Such categories
may include:
(A)
State Funded Programs: a Determination of No Effect;
or
(B)
Federal Equivalency Programs: a Categorical Exclusion.
(C)
TWDB will send THC the documents in this subsection
as notification that the project has been excluded from formal environmental
review and may not require THC review. The THC will not need to respond
to Categorical Exclusions or Determinations of No Effect.
(2)
For projects not eligible to receive a Categorical
Exclusion or a Determination of No Effect, or for projects that may
be excluded from formal environmental review once concerns about potential
impacts have been adequately addressed, a TWDB applicant, or its consultants,
may coordinate with THC to seek recommendations regarding the need
for field investigations or to seek concurrence with a determination
that the project may proceed without further investigations.
(A)
For projects requiring field investigations, the
TWDB applicant, or its consultants, will proceed as directed by the
THC in a manner consistent with the Antiquities Code of Texas and
the Archeological Survey Standards for Texas.
(B)
The TWDB will not approve reports required under
a Texas Antiquities permit or make recommendations regarding scope
of work to the THC.
(3)
For projects requiring coordination with the THC,
the TWDB will not release funds for the design or construction phases
of a project until written approval that a project may proceed has
been received from the THC.
(c)
Construction Phase Responsibilities. The TWDB will
condition all financial assistance, consistent with §26.7 of
this title (relating to Location and Discovery of Cultural Resources
and Landmarks), that if an archeological site is discovered during
project construction:
(1)
work will cease in the area of the discovery;
(2)
the site will be protected; and
(3)
the discovery will be reported immediately to the
THC.
(4)
As necessary, the TWDB will condition financial
assistance to include THC recommendations for measures intended to
ensure avoidance, minimization, or mitigation of potential impacts
to cultural resources, such as construction monitoring by a qualified
archaeologist.
(d)
Term. This MOU will remain in full force and effect
for the period of four years or until canceled by the written notice
of either party. The MOU may be amended by mutual written agreement
between the TWDB and the THC.
(e)
Review. This MOU shall be reviewed and updated
as provided by law or by agreement between the parties. THC and TWDB
agree to convene every four years to review, update, or extend this
agreement.
§26.27.Memorandum of Understanding with Texas Parks and Wildlife Department.
(a)
Introduction. It is the public policy and in the
interest of the State of Texas to locate, protect, and preserve archeological
sites and historic properties situated on public lands. Furthermore,
it is in the public interest to enter into agreements to provide for
timely and efficient construction of transportation facilities, reservoirs,
public buildings, parks, and infrastructure. Memoranda of Understanding
(MOU) and Memoranda of Agreement (MOA) are formal agreements which
provide for the preservation of environment and cultural resources;
wise, productive use of the cultural and natural resources; good stewardship
of publicly owned landmarks; and protection of public and private
investment in historic preservation.
(b)
Primary Considerations and Stipulations. All agreements
are subject to this chapter. Primary considerations in the development
of permit specific memoranda shall include the significance of the
cultural resource(s), and the nature of the impact of the project
on the cultural resource(s). The memoranda will stipulate basic information
related to the data recovery program for each permitted project, including,
but not limited to: the significance of the area to be excavated;
the methods and techniques to be employed; the coordination of the
excavation with project construction schedules; and the estimated
budget for all phases of work related to the investigation, including
artifact analysis and report production. Memoranda of Understanding
between the Texas Historical Commission (THC) and the Texas Parks
and Wildlife Department (TPWD) follow.
(c)
TPWD will comply with the provisions of this section.
For the purpose of this section, "TPWD lands" means lands owned or
under the control of TPWD.
(1)
General Provisions.
(A)
TPWD shall:
(i)
require that all archeological investigations on
TPWD lands are conducted under Antiquities Permits obtained by persons
who meet THC requirements for principal investigator as listed in §26.4
of this title (relating to Professional Qualifications and Requirements);
(ii)
notify the THC of pending construction and maintenance
projects in accordance with all applicable provisions of this section;
(iii)
perform and report on construction monitoring,
archeological surface reconnaissance, and intensive cultural resource
surveys on TPWD lands, in accordance with all applicable provisions
of this section; and
(iv)
notify THC when cultural resources are discovered
on TPWD lands.
(B)
THC will issue an annual Antiquities Permit for
investigations on TPWD lands to the TPWD Cultural Resources Program
Director by January 15th of each year that this MOU is in effect,
upon a finding by THC of successful completion by TPWD of the annual
Antiquities Permit issued two years before that date.
(C)
This MOU may be revised and amended upon the agreement
of TPWD and THC.
(2)
THC Archeological Review of Proposed Projects on
TPWD Lands.
(A)
Projects reviewed by THC. Construction or maintenance
projects on TPWD lands that impact the ground surface or subsurface
shall be submitted for THC review prior to project inception, when
the project:
(i)
impacts a total or cumulative area of potential
effect greater than five acres and involves construction or maintenance
activities in areas where similar activities have not occurred before;
(ii)
consists of disking, plowing, or other periodic
activities impacting a total or cumulative area of potential effect
greater than 120 acres, even if similar activities have occurred in
that area before;
(iii)
is new or replacement fence construction that
involves new fence line roads, fire lanes, bulldozing, or other ground-disturbing
activities aside from post holes;
(iv)
is grading or maintenance of a road or fire break
when the road or fire break, water diversion features, and/or its
ditches will be lengthened, widened, or deepened beyond previous disturbance
from construction and/or maintenance;
(v)
involves activities related to prescription burning
of any kind that disturb the ground surface or subsurface in areas
larger than 10 acres where similar activities have not occurred before;
or
(vi)
is any type of project not described in subparagraph
(B) of this paragraph.
(B)
Projects not reviewed by THC. Construction or maintenance
projects on TPWD lands that result in no impact to the ground surface
or subsurface will not be reviewed by THC prior to project inception.
In addition, construction or maintenance projects on TPWD lands that
result in impact to the ground surface or subsurface will not be reviewed
by THC prior to project inception when the project:
(i)
impacts a total or cumulative area of potential
effect of five acres or less;
(ii)
consists of disking, plowing, or other periodic
activities impacting a total or cumulative area of potential effect
of less than 120 acres where similar activities have occurred before;
(iii)
is new or replacement fence construction that
does not involve new fence line roads, fire lanes, bulldozing, or
other ground disturbing activities aside from post holes;
(iv)
is grading, disking, or other maintenance of a
road or fire break when the road or fire break, related water diversion
features, and/or its ditches will not be lengthened, widened, or deepened
beyond previous disturbance from construction and/or maintenance;
or
(v)
is prescription burning or hand clearing of any
kind that does not disturb the ground surface, historic structures,
and/or rock art.
(C)
Prior THC approval of ground-disturbing projects.
Projects that involve continuing impacts of the same nature and extent
approved by THC need not be reviewed again if no archeological sites
have been recorded within those project areas. THC will review continuing
impacts of the same nature and extent in areas where archeological
sites are present at 10 year intervals from the original date of approval
to proceed.
(D)
TPWD review of projects. TPWD will review all projects
that have the potential to impact cultural resources. Notwithstanding
the provisions of this subparagraph, TPWD may elect to initiate archeological
investigations when proposed projects have the potential to impact
cultural resources, on the recommendation of the Cultural Resources
Program Director.
(E)
TPWD will provide cultural resources training to
State Parks and Wildlife Management Area personnel. On the direction
of the Cultural Resources Program Director (CRPD), Wildlife Facilities
Coordinator (WFC), or their designees, TPWD personnel who have received
cultural resources training within the past 5 years may observe construction
and maintenance activities, to ensure that cultural resources are
considered during TPWD activities. If any archeological sites are
revealed by such activities, TPWD personnel will report them to the
CRPD, WFC, or their designees.
(3)
Procedures for Proposed Projects.
(A)
Notification to THC of proposed projects. TPWD
shall send THC written notification no less than 30 days in advance
of proposed projects that require review under paragraph (2)(A) of
this subsection, and/or Section 106 of the National Historic Preservation
Act (16 U.S.C. §470f). In rare cases when a response from THC
is needed in less than 30 days, notification may be made by telephone
or electronic mail, with a written notification to follow. Project
review requests concerning Wildlife Management Areas shall be directed
to THC through the WFC or their designee, and project review requests
concerning State Parks and other TPWD properties shall be directed
to THC through the CRPD or their designee. Each notification must
include information on:
(i)
the type of project that is proposed, including
the nature and extent of its impacts;
(ii)
any prior impacts that have affected the project
area;
(iii)
the project location plotted on a copy of a USGS
7.5' topographic quadrangle map, showing any known archeological sites
in the vicinity; and
(iv)
any known archeological sites and/or archeological
investigations within the proposed project area.
(B)
THC response to project review requests. THC shall
respond in writing to each project review request within 30 days of
its receipt. Archeological investigations may be deemed necessary
by THC as a result of this review. If THC does not respond to TPWD
within that period of time, TPWD may proceed with internal authorization
of the proposed project without further notice to THC.
(C)
THC approval of proposed projects. When THC concurs
with a finding of a qualified TPWD archeologist or archeologist contracted
by TPWD that no archeological sites are located in a proposed construction
area or that a proposed project will not adversely impact cultural
resources, TPWD may proceed with the project on receipt of written
concurrence from THC.
(D)
Archeological site evaluation. When a qualified
TPWD archeologist or archeologist contracted by TPWD identifies an
archeological site or sites in a proposed project area, he or she
will evaluate whether each site appears to merit official State Antiquities
Landmark designation under §26.10 of this title (relating to
Criteria for Evaluating Archeological Sites).
(E)
Protection of significant sites. If adverse impacts
to an archeological site(s) can be avoided during construction, the
archeologist will mark the site in the field and TPWD personnel will
not damage that area. If TPWD conducts vegetation clearing on significant
archeological sites, it shall be done by hand to avoid damage to the
site. On-site decisions made by TPWD archeologists regarding protective
measures for archeological sites will be respected by TPWD employees
and contractors, and will balance the need to conserve significant
sites with timely project completion.
(F)
Mitigation of impacts to significant sites. If
an archeological site that merits official State Antiquities Landmark
designation would be adversely impacted by a proposed project, TPWD
will propose mitigation measures and request THC consultation and
recommendations. If TPWD or THC ascertains that further investigations
are necessary prior to or during a construction or maintenance project,
these investigations must be performed before the project may proceed.
(G)
Archeological site discovery. Whenever cultural
resources are discovered on TPWD lands, they will be reported to the
CRPD, WFC, or their designees, who will report this information to
THC and maintain central repositories of cultural resource information.
(4)
THC Review and Coordination of Third Party Projects
on TPWD Lands.
(A)
TPWD will ensure that archeological investigations
conducted on TPWD lands on behalf of other entities promote the identification
and conservation of cultural resources.
(B)
TPWD will require principal investigators conducting
archeological investigations on TPWD lands on behalf of third parties
to obtain individual Antiquities Permits for those investigations.
(C)
THC will notify TPWD if they should become aware
of proposed archeological investigations on lands that TPWD manages,
but are owned by another entity, and/or that are sponsored by an entity
other than TPWD.
(D)
THC shall issue Antiquities Permits to entities
conducting archeological investigations on TPWD lands on behalf of
third parties, only after receiving written notice that TPWD has approved
the research designs, scopes, methods, and reporting requirements
for those permits, and the CRPD, WFC, or their designee has signed
the Landowner's Certification on those permit applications.
(E)
THC will notify TPWD prior to granting permit extensions.
(F)
TPWD will require that background research for
archeological projects on TPWD lands is conducted at the TPWD Archeology
Laboratory in Austin prior to the field investigations, unless otherwise
stipulated.
(G)
TPWD will review all reports or sections of reports
for archeological investigations on TPWD lands, regardless of whether
those projects extend beyond TPWD boundaries. The CRPD, WFC, or their
designee will provide written comments on draft reports within 30
days to the principal investigator, and principal investigators shall
provide revised draft reports to TPWD in which TPWD comments are addressed.
After TPWD concurs that those comments have been addressed, TPWD will
submit reports to THC for review, under a cover letter from the CRPD,
WFC, or their designee notifying THC that those draft reports have
been reviewed and approved by TPWD.
(5)
Scope of TPWD Annual Antiquities Permit Archeological
Investigations.
(A)
Archeological investigations. The annual permit
authorizes construction monitoring, surface reconnaissance, excavation
of shovel tests less than 1 by 1 meter in horizontal dimension, mechanical
auger testing, rock art recording and conservation, and intensive
cultural resource surveys of TPWD lands up to 200 acres per project
conducted during that calendar year.
(i)
Reconnaissance surveys as defined in §26.15
of this title (relating to Archeological Permit Categories) conducted
under the annual permit may exceed 200 acres per project.
(ii)
Up to five backhoe or other mechanical trench
excavations may be used during survey-level investigations to determine
whether buried cultural deposits exist, and to obtain geoarcheological
(geomorphological) data.
(iii)
The following investigations are not authorized
under this permit. Intensive surveys covering over 200 acres and/or
advanced archeological investigations such as testing or data recovery
as defined in §26.15 of this title (relating to Archeological
Permit Categories) will not be conducted under this permit. Architectural
investigations are not authorized under this permit.
(B)
Qualifications. Investigations will be conducted
under the supervision of qualified TPWD archeologists or, at the discretion
of the CRPD, archeologists contracted by TPWD who meet THC requirements
for principal investigator as listed in §26.4 of this title.
The CRPD, WFC, or their designees may designate qualified TPWD archeologists
to serve as Principal Investigators for particular projects.
(C)
Standards. All archeological investigations performed
on TPWD lands must meet archeological standards as described in §26.4
of this title.
(6)
THC Review of Reports on Archeological Investigations
under annual Antiquities Permit.
(A)
Archeological investigations conducted on TPWD
lands under the annual Antiquities Permit that require THC review
under paragraph (2)(A) of this subsection or other state or federal
regulations will be reported in the annual Antiquities Permit report.
At the discretion of the CRPD, additional investigations that do not
require THC review may be included in the annual Antiquities Permit
report, and will be clearly designated as such.
(B)
Interim reports. When TPWD seeks project approval
from THC as a result of archeological investigations conducted on
TPWD lands under the annual Antiquities Permit, the CRPD, WFC, or
their designees may send THC a concise interim report on the findings
of the investigations. The interim report will contain information
on:
(i)
the type of project that is proposed, including
the nature and extent of its impacts;
(ii)
any prior impacts that have affected the project
area;
(iii)
the project location plotted on a copy of a USGS
7.5' topographic quadrangle, showing the area of archeological investigations
and any archeological sites encountered;
(iv)
a summary of the scope, findings, and conclusions
of the archeological investigations;
(v)
evaluations of each archeological site's suitability
for official State Antiquities Landmark designation under §26.10
of this title (relating to Criteria for Evaluating Archeological Sites);
and
(vi)
a project approval request or recommendations
for further work, as appropriate.
(C)
THC review of interim reports. THC shall respond
in writing to interim reports within 30 days of receipt. When appropriate,
THC will concur with the report findings and recommendations after
review. If THC does not respond to TPWD within that period of time,
TPWD may proceed with internal authorization of the proposed project
without further notice to THC.
(D)
Draft reports. TPWD archeologists and archeologists
contracted by TPWD who conduct investigations under the annual Antiquities
Permit at the discretion of the CRPD shall provide the CRPD with concise,
informative draft reports with supporting documents. All interim reports
described in subparagraph (B) of this paragraph will be expanded into
draft reports meeting the requirements of the Council of Texas Archeologists
Guidelines for Cultural Resources Management Short Reports. The archeologist
will submit shapefiles of areas investigated and copies of TexSite
forms for the sites described in the report to the CRPD along with
each draft report. All sites shall have trinomial designations assigned
by the Texas Archeological Research Laboratory, The University of
Texas at Austin.
(E)
Draft annual Antiquities Permit report. The TPWD
draft annual Antiquities Permit report on each year's investigations
will be compiled and edited by the CRPD or their designee, and the
CRPD will submit the report to THC for review by May 1 of the following
year. THC shall provide comments in writing on the draft annual report
within 30 days of receipt. If THC does not respond to TPWD within
that period of time, TPWD may proceed with publication of the final
annual report without further notice to THC.
(F)
Final annual Antiquities Permit report. The final
TPWD annual Antiquities Permit report shall be in a format that conforms
to §26.16(a)(1) of this title (relating to Reports Relating to
Archeological Permits). Upon approval of the draft annual Antiquities
Permit report by THC, TPWD will submit the final report to THC no
later than 120 days after TPWD has received THC approval, and will
distribute copies in accord with §26.16 of this title.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise
of the agency's legal authority.
Filed
with the Office of the Secretary of State on April 30, 2013.
TRD-201301702
Mark Wolfe
Executive Director
Texas Historical Commission
Effective date: May 20, 2013
Proposal publication date: March 1, 2013
For further information, please call: (512) 463-1858
Chapter 71.
TEXAS STATE CEMETERY
Chapter 25.
STATE ARCHEOLOGICAL PROGRAM
Chapter 26.
PRACTICE AND PROCEDURE
Chapter 26.
PRACTICE AND PROCEDURE
Subchapter B. IDENTIFICATION AND DESIGNATION OF LANDMARKS
Subchapter C. ARCHEOLOGY
Subchapter D. HISTORIC BUILDINGS AND STRUCTURES
Subchapter E. MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES
Part 5.
TEXAS STATE CEMETERY COMMITTEE