13 TAC §26.15, §26.27
The Texas Historical Commission (THC) proposes amendments
to Sections 26.15 and 26.27, concerning Memoranda of Understanding and Agreement
(MOU), and Disposition of Archeological Artifacts and Data. The change to
Section 26.15 is needed because the THC and the Texas Department of Transportation
(TxDOT) have agreed that modifications are warranted to the existing MOU between
the two agencies. The amendment to Section 26.27 extends the final due date
for which curatorial facilities must be accredited to hold artifacts collected
under Antiquities Permits.
F. Lawerence Oaks, Executive Director of the THC, has determined that for
the first five-year period the rule is in effect there should be limited fiscal
implications for state or local government as a result of enforcing or administering
the proposed rule amendments.
Mr. Oaks has also determined that for each year of the first five-year
period the rules are in effect, the public benefit anticipated as a result
of administering the proposed rule amendments will assist TxDOT and the THC
in streamlining the review and compliance aspects of their relationship as
it applies to the management of cultural resources within TxDOT right-of-ways.
There should be limited effect on small businesses that contract with TxDOT,
and there should also be no fiscal implications for private citizens, due
to these amendments. The proposed changes to Section 26.27 may cause some
fiscal impacts on curatorial facilities across the state if those institutions
choose to become accredited by January of 2001. These costs will vary depending
on the current condition of their collection care.
Any written comments on the proposed amendments may be submitted to Dr.
James E. Bruseth, Director, Archeology Division, Texas Historical Commission,
P. O. Box 12276, Austin, Texas 78711. Comments will be accepted for 30 days
after publication in the
Texas Register.
Any
questions regarding these proposed amendments should be directed to Mark H.
Denton, at the same address, or by calling (512) 463-5711.
The amendments are proposed under Section 442.005(q), Title 13
Part II of the Texas Government Code, and Section 191.052 of the Texas Natural
Resources Code, which provides the Texas Historical Commission with the authority
to promulgate rules and conditions to reasonably effect the purposes of this
chapter. No other statues, articles, or codes are affected by these amendments.
These rule amendments implement Section 442.005(b) of the Texas Government
Code and Section 191.051 of the Texas Natural Resources Code.
§26.15.Memoranda of Understanding and Agreement.
(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 §26.17, 26.20, and 26.21 of this title (relating to Issuance
of Permits, Archeological Permit Categories, and Application for Archeological
Permit). Primary considerations in the development of permit specific memoranda
shall include: the significance of the cultural resource(s); the nature the
impact of the project on the cultural resource(s); and fiscally appropriate
and cost-effective means to mitigate the effect 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. The committee
may also require a performance bond to be posted prior to issuance of an antiquities
permit. Memoranda of Understanding between the committee and other public
agencies follow.
(1)
Memorandum of Understanding
with the Texas Department of Transportation.
(A)
Purpose.
(i)
It is the policy of the Texas Department of
Transportation (TxDOT) to:
(I)
identify the environmental impacts of TxDOT
transportation projects, to coordinate these projects with applicable state
and federal agencies, and reflect these investigations and coordination in
the environmental documentation for each project;
(II)
base project decisions on a balanced consideration
of the need for a safe, efficient, economical, and environmentally sound transportation
system;
(III)
receive input from the public through the
public involvement process;
(IV)
utilize a systematic interdisciplinary approach
as an essential part of the development process for transportation projects;
and
(V)
strive for environmentally sound transportation
activities through appropriate avoidance, treatment or mitigation, where feasible
and prudent, in coordination with appropriate resource agencies.
(ii)
In order to pursue this policy, the Texas Department
of Transportation and the Texas Historical Commission (THC) have agreed to
develop this Memorandum of Understanding (MOU), which will supersede the MOU
which became effective on October 16, 1992.
(iii)
It is the intent of this MOU to provide a
formal mechanism by which THC may review TxDOT projects which have the potential
to affect cultural resources within the jurisdiction of THC in order to assist
TxDOT in making environmentally sound decisions, and to develop with TxDOT
a system by which information developed by TxDOT and THC may be exchanged
to their mutual benefit. Unless otherwise specified in this MOU, all definitions
in 13 TAC Chapter 26, Rules of Practice and Procedures for the Antiquities
Code of Texas, Texas Historical Commission, will be used.
(B)
Authority.
(i)
The Texas Transportation Code, §201.607,
directs TxDOT to adopt MOU's with appropriate environmental resource agencies,
including THC. The rules for coordination of state-assisted transportation
projects found in §2.40-2.51, of this title (relating to Environmental
Review and Public Involvement for Transportation Projects), underline the
need for and importance of comprehensive environmental coordination for all
transportation projects.
(ii)
This MOU complements a Programmatic Agreement
(PA) that TxDOT executed with the Federal Highway Administration (FHWA), the
Texas State Historic Preservation Officer (TSHPO), and the Advisory Council
on Historic Preservation (Council) in December of 1995. The PA delineates
the process by which the signatory parties agree to carry out the National
Historic Preservation Act, §106 (16 U.S.C. 470f) for federally assisted,
permitted and licensed transportation projects within the state.
(C)
Definitions. The following words and terms,
when used in this section, shall have the following meanings, unless the context
clearly indicates otherwise.
(i)
Antiquities Code of Texas (ACT) - The state
statute that designates the Texas Historical Commission as the legal custodian
of all cultural resources, historic or prehistoric, within the public domain
of the state, the body which issues antiquities permits, in accordance with
13 TAC Chapter 26 and as provided in ACT §191.054 and 191.091-098. The
Texas Historical Commission assumed these responsibilities from the Texas
Antiquities Committee which was abolished under Senate Bill 365, enacted by
the 74th Legislature in 1995.
(ii)
Antiquities permit - A permit issued by the
Texas Historical Commission in order to regulate the taking, alteration, damage,
destruction, salvage, archeological survey, testing, excavation and study
of state archeological landmarks including prehistoric and historic archeological
sites, and the preservation, protection, stabilization, conservation, rehabilitation,
restoration, reconstruction, or demolition of historic structures and buildings.
(iii)
Area of potential effects - The geographic
area or areas within which an undertaking may cause changes in the character
or use of historic properties, if any such properties exist, as defined in
36 CFR Part 800.
(iv)
Cultural resources - A general term referring
to buildings, structures, objects, sites, and districts more than 50 years
of age with the potential to have significance in local, state, or national
history.
(v)
Eligibility - A site's eligibility for the National
Register of Historic Places as set forth in 36 CFR Part 800, or for designation
as a State Archeological Landmark, as set forth in 13 TAC Chapter 26.
(vi)
Historic property - Any prehistoric or historic
district, site, building, structure, or object which is included or eligible
for inclusion in the National Register of Historic Places, as defined in 36
CFR Part 800, or meets the requirements for designation as a State Archeological
Landmark as set forth in 13 TAC Chapter 26. (This term is used interchangeably
with significant properties and significant cultural resources.)
(vii)
National Register - The National Register
of Historic Places (NRHP), which is the nation's inventory of historic places
maintained by the U.S. Secretary of the Interior. (Historic properties included
in or eligible for inclusion must meet National Register criteria for evaluation,
as defined in 36 CFR Part 60.)
(viii)
State Archeological Landmark (SAL) - Archeological
and historic properties as defined in Subchapter D of the Antiquities Code
of Texas (ACT) and identified in accordance with 13 TAC Chapter 26.
(D)
Responsibilities.
(i)
Texas Department of Transportation. The responsibilities
of TxDOT pertain primarily to its functions as a transportation agency, and
include:
(I)
planning and designing safe, efficient, effective,
and environmentally sensitive transportation facilities while avoiding, minimizing,
or compensating for impacts to cultural resources to the fullest extent practicable;
(II)
the timely and efficient construction of transportation
facilities, in a manner consistent with approved plans and agreements which
TxDOT has executed regarding the protection of significant cultural resources;
and
(III)
ongoing maintenance to provide safe, efficient,
and environmentally sound transportation facilities for the traveling public.
(ii)
Texas Historical Commission. The responsibilities
of THC relate primarily to its functions as a cultural resource agency, and
include:
(I)
serving as the State Historic Preservation Office
in Texas with responsibility under 36 CFR Part 800 - the regulations implementing
§106 of the National Historic Preservation Act (16 U.S.C. 470f);
(II)
reviewing federally assisted, licensed, or
permitted undertakings with the potential to affect properties included in
or eligible for inclusion in the National Register of Historic Places;
(III)
providing assistance to agencies in their
efforts to comply with the §106 process;
(IV)
regulating the disposition and management of
State Archeological Landmarks which are affected by non-federal undertakings,
as described in the Antiquities Code of Texas and 13 TAC Chapter 26; and
(V)
issuing permits for the taking, excavation,
restoration, or study of State Archeological Landmarks as provided in ACT,
§191.054 and 191.091-098.
(E)
Early project planning for cultural resources.
(i)
TxDOT is committed to performing early identification
efforts for cultural resources located within the area of potential effects
of proposed transportation projects and initiating THC coordination during
the early planning stages of these projects, when the widest range of alternatives
is open for consideration.
(ii)
TxDOT is committed to implementing, in consultation
with THC, alternative methods, techniques, and other strategies that are reasonable
and feasible and that will enhance efficiency in complying with cultural resource
laws. These include, but are not limited to, a programmatic approach to coordination
of selected types of cultural resources, geoarcheological research to reduce
archeological liabilities, development of significance standards, and alternative
mitigation strategies. When implemented, with the concurrence of THC, such
alternative strategies will replace the procedures set forth in this MOU.
(iii)
TxDOT is also committed to providing the public
and interested parties with opportunities to provide input and express their
views concerning potential project impacts to historic properties, and will
ensure that cultural resource issues are incorporated into its regular public
participation programs carried out under the National Environmental Policy
Act (42 USC 4321-4347 et seq.), and §2.42-2.43 of this title (relating
to Highway Construction Projects-Federal Aid, and Highway Construction Projects-State
Funds), as far as practicable.
(iv)
Cultural resource investigations by consultants.
(I)
TxDOT has the right to perform cultural resource
investigations using staff or consultants who meet the professional standards
of 13 TAC Chapter 26, and as required by 36 CFR Part 800.
(II)
Cultural resource surveys, investigations,
permit applications, and other work performed by consultants shall be coordinated
with THC through TxDOT's Environmental Affairs Division.
(F)
Procedures for coordination regarding archeological
resources. Survey and eligibility testing of archeological resources performed
by the archeological staff of TxDOT's Environmental Affairs Division will
not require an antiquities permit. All other archeological investigations
shall require an antiquities permit. TxDOT and THC will consult to discuss
the feasibility and benefits of TxDOT submitting a compilation of survey and
test excavation results to THC in an annual or biannual report.
(i)
Identification.
(I)
TxDOT will undertake sufficient background research
to determine which proposed projects require archeological surveys. Background
research may include a search of records and files at THC and/or the Texas
Archeological Research Laboratory (TARL), gathering information on soils,
and a geomorphic history of the projects.
(II)
Based on the results of background research,
TxDOT will identify projects requiring coordination and/or archeological investigation
for archeological resources.
(III)
TxDOT will identify projects which are not
believed to require individual coordination for archeological sites and will
provide THC with a list of such projects on a monthly basis.
(ii)
Archeological surveys.
(I)
All projects, and portions of projects, recommended
for survey by TxDOT during the initial phase of coordination will be subject
to archeological survey using the methods agreed upon between TxDOT and THC
in conformance with 36 CFR Part 800.
(II)
An archeological survey will be conducted by
a TxDOT professional archeological staff member or other archeologist who
meets the state and federal standards. Surveys may be limited to an evaluation
of existing impacts or stratigraphic integrity when these are sufficient to
determine that any sites present are unlikely to be eligible.
(III)
When the archeological survey has been completed,
TxDOT will submit the results of the survey to THC in a report of investigations,
and request THC's review of the report. With its request for review, TxDOT
will include:
(-a-)
details of the results of the survey, including
project description, anticipated project impact, and existing disturbance
in the project area;
(-b-)
environmental data on topography, soils,
land use, survey methodology, survey results, and recommendations;
(-c-)
the project location plotted on 7.5'
Series USGS quadrangle maps;
(-d-)
descriptions of any sites found;
(-e-)
submission of electronic or paper copies
of archeological site survey forms to TARL; and
(-f-)
recommendations regarding whether the
site(s) merit archeological testing or archeological monitoring.
(IV)
THC will respond within 30 days of receipt
of the TxDOT request for review of the survey results and recommendations.
The response will include:
(-a-)
a statement of concurrence or non-concurrence
with the results of the survey; and
(-b-)
any other comments relevant to the archeological
resources which could be affected by the project.
(V)
TxDOT will include the results of the archeological
survey and recommendations in the environmental document for the project,
as far as practicable.
(iii)
Archeological eligibility testing phase.
(I)
All sites and portions of sites recommended
for eligibility testing by THC will be subject to archeological testing, using
the methods agreed upon in writing by TxDOT and THC.
(II)
THC may send a representative to observe any
or all of the testing procedures.
(III)
At the completion of testing, TxDOT will prepare
a formal report of the results of testing.
(-a-)
For sites affected by federal undertakings,
the report will include recommendations regarding eligibility for the NRHP,
as described in 36 CFR Part 800.
(-b-)
For sites affected by non-federal undertakings,
the report will include recommendations regarding the significance of the
site and whether designation as a State Archeological Landmark is warranted,
in accordance with ACT, §191.091-092, and 13 TAC Chapter 26.
(IV)
TxDOT will send the testing report to THC with
a request for review.
(V)
In accordance with 36 CFR Part 800, THC will
respond to the report within 30 days of receipt of TxDOT's request for review.
The response will include:
(-a-)
a statement of concurrence or non-concurrence
with the results of the archeological testing and recommendations contained
in the TxDOT request for review; and
(-b-)
a determination of the site's eligibility
for listing in the National Register of Historic Places, or for designation
as a State Archeological Landmark.
(iv)
Archeological excavation/data recovery.
(I)
All sites and portions of sites determined to
be eligible for the NRHP (for federal undertakings) or eligible for designation
as a State Archeological Landmark (for non- federal undertakings) based on
consultation with THC during the survey phase or testing phase, will be subject
to data recovery in conformance with a data recovery plan approved by THC.
(II)
TxDOT, in consultation with THC, will develop
a data recovery plan for each eligible site on a case-by-case basis, in accordance
with 36 CFR Part 800 for federal undertakings and ACT §191 for non-federal
undertakings. Final data recovery plans must be approved by THC prior to their
implementation.
(III)
Results of data recovery will be published
as required by 36 CFR Part 800 and/or ACT §191.
(IV)
All data recovery will be performed under an
antiquities permit.
(v)
Archeological sites found after award of contract.
(I)
When previously unknown archeological remains
are encountered after award of contract, TxDOT will immediately suspend construction
or any other activities that would affect the site.
(II)
A TxDOT archeologist will examine the remains
and report the findings to THC within 48 hours of the examination. The Federal
Highway Administration (FHWA) and/or TxDOT will enter consultations regarding
the disposition of the site or sites for federal undertakings, as required
by 36 CFR Part 800, or as required by the Texas Antiquities Code for state
funded projects.
(III)
TxDOT and THC will prepare a plan of action
to determine eligibility or significance, and/or mitigate the effects on the
site or sites.
(IV)
TxDOT may continue construction in the affected
area upon approval of THC.
(vi)
Artifact recovery and curation.
(I)
Artifact recovery.
(-a-)
The type and quantity of artifacts to be recovered
will be detailed in the scope of work and will be selected to address the
research questions.
(-b-)
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.
(-c-)
To ensure proper care and curation, recovery
methods must conform to 36 CFR Part 800, 13 TAC Chapter 26, and Council of
Texas Archeologists (CTA) guidelines, as applicable.
(II)
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, all artifacts 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 the Texas Archeological Research Laboratory or some regional artifact curatorial
repository which fulfills 36 CFR Part 79, the ACT, or CTA Curation Standards,
as approved by THC. When appropriate, TxDOT will consult with THC to identify
collections or portions of collections that do not have identifiable value
for future research or public interpretation. This information may serve as
the basis for future consultation between TxDOT and THC regarding the disposition
of such collections or portions of collections. Final approval regarding the
disposition of collections will be made by THC.
(-c-)
TxDOT is responsible for the curatorial
preparation of all artifacts so that they are acceptable to the receiving
curatorial repository and fulfill 36 CFR Part 79 and 13 TAC Chapter 26, as
approved by THC.
(G)
Procedures for coordination regarding historic
properties, early project development. For purposes of this subsection and
subsections (H) and (I) of this section, the term historic properties will
refer only to non-archeological historic properties.
(i)
Early in the project development process, TxDOT
will determine whether federally assisted, licensed, or permitted transportation
projects (federal projects) constitute undertakings under 36 CFR Part 800.
In consultation with THC, it has been determined that certain types of projects
do not require individual coordination and may be included in a monthly report.
These projects involve culverts and other structures and objects which lack
engineering, architectural or historical merit and projects which have a minimal
potential to affect historic properties if such are present in the area of
potential effects. TxDOT will notify THC of all such projects in a monthly
report. The monthly report will include a summary of each project that is
sufficient to allow THC to determine if more information is needed. THC will
have 30 days to approve the monthly report or to request additional information
concerning any of the projects on the list.
(ii)
Early in the project development process, TxDOT
will review its non-federal transportation projects and other activities occurring
on any of the lands of the State of Texas (state projects) to determine whether
they have the potential to affect properties 50 years of age or older under
the terms of the ACT, 13 TAC Chapter 26. Effects include the removal, alteration,
or renovation of one or more contributing elements to a historic property.
TxDOT will notify THC of state projects which will not have an effect on any
properties 50 years of age or older in a monthly report. The monthly report
will include a summary of each project that is sufficient to allow THC to
determine if more information is needed. THC will have 30 days to approve
the monthly report or to request additional information concerning any of
the projects on the list.
(iii)
If TxDOT determines that a federal project
constitutes an undertaking as defined in 30 CFR Part 800, or that a state
project has the potential to affect a historic property, TxDOT will then individually
coordinate the project with THC, except as noted in this MOU, in accordance
with the provisions provided in subsequent sections of this agreement.
(H)
Identification and evaluation of historic properties.
(i)
For state and federal projects requiring individual
THC coordination, TxDOT will identify properties 50 years of age or more that
will be affected by state projects or that are located within the area of
potential effects for federal projects. TxDOT will conduct a search of available
records, including listings of Registered Texas Historic Landmarks, State
Archeological Landmarks, and properties listed in the National Register as
well as local historic property survey files on record at THC. THC will render
all reasonable assistance to TxDOT in performing record searches on potentially
historic properties.
(ii)
TxDOT will conduct field surveys for all projects
except those which qualify for inclusion on a monthly list. These surveys
will be conducted in order to locate properties 50 years of age or more or
properties that may otherwise be eligible for inclusion on the National Register
of Historic Places or which may qualify as SAL's. If no such properties are
identified, the following procedures will apply.
(I)
For state projects, the project will be added
to the monthly report coordinated with THC as described in this MOU.
(II)
For federal projects, TxDOT will inform THC
in accordance with 36 CFR Part 800.
(iii)
If the identification efforts reveal properties
50 years of age or more, TxDOT will evaluate the significance of each property
to determine if the property:
(I)
qualifies as a SAL as defined by ACT, §191.092,
for state projects; or
(II)
is eligible for inclusion in the National Register,
or is a contributing element of a National Register eligible or listed district,
for federal projects.
(iv)
If a state or federal project has the potential
to affect a bridge-class structure more than 50 years of age and the structure
is included in the State Historic Bridge Inventory (SHBI) that has been formally
accepted by THC, the following procedures apply.
(I)
If the structure has been determined not historically
significant under the SHBI, TxDOT will coordinate with appropriate local entities
to determine if the structure has local interest or significance. If no local
interest or significance is identified, TxDOT will add the project to the
monthly report. If TxDOT or THC identifies local interest or significance
in these structures, TxDOT will individually coordinate the project with THC
following the procedures set forth under this paragraph.
(II)
If the bridge-class structure has been determined
historically significant under the SHBI, TxDOT will individually coordinate
the project with THC following the procedures set forth under this paragraph.
(v)
If a state or federal project has the potential
to affect a bridge-class structure more than 50 years of age that has not
been included in a SHBI that has been formally accepted by THC, TxDOT will
assess the significance of the structure to determine if it has potential
engineering, architectural, or historic merit.
(I)
In consultation with THC, bridge-class structures
of types determined to have no potential merit will include, but not be limited
to, common-type structures with no distinguishing features and those structures
which have been substantially altered or widened within the past 50 years.
When TxDOT determines that a bridge has no potential engineering, architectural
or historic merit, TxDOT will add the project to the monthly report.
(II)
When TxDOT determines that a bridge has potential
engineering, architectural, or historic merit, TxDOT will individually coordinate
the project with THC following the procedures set forth under this paragraph.
(III)
If a state or federal project has the potential
to cause an adverse effect to properties 50 years of age or more, as far as
practicable, TxDOT will seek information and input concerning the historic
significance of these properties from local entities, such as county historical
commissions, local governments, city preservation officers, and neighborhood
associations, that are likely to have knowledge of, or an interest in these
properties.
(IV)
TxDOT will coordinate with THC early in the
project planning process to determine the historic significance of properties
identified as 50 years of age or older that will be affected by state projects
or that are located within the area of potential effects for federal projects.
For state projects, TxDOT will initiate coordination with THC no later than
60 days prior to the contract bid opening for construction, as required by
ACT, §191.098 and 13 TAC §26.22, or for federal projects, coordination
for historic significance will follow 36 CFR Part 800 to ensure proper care
and curation.
(V)
For each project coordinated with THC, TxDOT
will provide:
(-a-)
a project description and scope;
(-b-)
a map showing the location of the project
as well as all properties 50 years of age or older documented through identification
efforts;
(-c-)
a statement detailing the efforts and
methodology used to identify potentially historic buildings and structures
in the project area;
(-d-)
documentation on each identified property,
including at least one photograph of the property, the address if known, an
architectural description, and date of construction (estimated or known),
and any known local, state or national historical designations; and
(-e-)
a statement of historic significance
for each identified property, including:
(-1-)
for a state project, whether the property
qualifies as a SAL;
(-2-)
for a federal project, whether each property
50 years of age or more is eligible for inclusion in the National Register,
including information as to whether the property is a contributing element
of a National Register listed historic district or may be a contributing element
of a potential National Register district;
(-f-)
results of any coordination with
interested parties concerning the significance of identified properties; and
(-g-)
the results of TxDOT's historic significance
evaluation for each identified property.
(VI)
THC will respond within 30 days of receipt
of TxDOT's request for review of individual projects as follows.
(-a-)
For a state project, THC response will indicate
whether the project will require an historic structures permit for a SAL or
whether THC or another party intends to institute SAL proceedings for a property
previously not designated a SAL in accordance with 13 TAC §26.11, 26.12
and 26.22, and ACT, §191.098. If THC does not respond within 30 days,
TxDOT will assume that THC has no objection, and TxDOT will proceed with the
project without further coordination with THC regarding historic property
issues.
(-b-)
For a federal project, all coordination
with THC will follow the provisions of 36 CFR Part 800.
(I)
Assessing and mitigating effects. TxDOT will
assess the effects of state and federal projects on properties determined
to qualify as SAL's for state projects and on properties determined to be
listed or eligible for inclusion in the National Register for federal projects.
TxDOT will then consult with THC using the following procedures.
(i)
For a state project, TxDOT will consult with
THC to determine if a historic structures permit is required for any proposed
removals, alterations, or renovations to SAL's or to properties on which THC
decides to institute SAL proceedings in accordance with 13 TAC §26.22
and ACT, §191.098.
(ii)
For a federal project, TxDOT will apply the
criteria of effect and consult with THC for a determination of effect in accordance
with the provisions set forth in 36 CFR Part 800.
(iii)
TxDOT will, to the maximum extent practicable,
provide an early opportunity for the public and interested parties to receive
information and to express their views on projects when a historic property
may be negatively affected by a transportation project.
(iv)
TxDOT will also consult with THC to seek ways
to avoid, minimize, or mitigate any negative effects on historic properties
caused by federal and state projects in accordance with the following procedures.
(I)
State project. TxDOT shall take THC comments
into account when projects will have an effect on properties that are determined
to qualify as SAL's or other properties that are listed or determined eligible
for listing in the National Register. TxDOT will apply for historic structure
permits for all projects that alter, renovate, or remove SAL's or other properties
on which THC has instituted SAL proceedings, following the procedures delineated
in 13 TAC §26.22 and ACT, §191.098.
(II)
Federal project. TxDOT will follow the consultation
procedures set out in 36 CFR Part 800.
(J)
Environmental document and public involvement.
TxDOT will include information on its efforts to identify archeological sites
and historic properties, to determine the effects of projects on archeological
sites and historic properties, and to mitigate any negative effect on these
sites or properties in the environmental document, if one is prepared, and
will include this information in public involvement activities to the maximum
extent practicable.
(K)
Dispute Resolution.
(i)
If THC and TxDOT cannot reach agreement on any
plans or actions carried out pursuant to this agreement, THC and TxDOT will
consult to resolve the objection.
(ii)
If THC and TxDOT cannot reach a compromise
solution or otherwise resolve the objection through consultation, either TxDOT
or THC may choose to invoke the dispute resolution provisions which are set
forth in paragraph (3) of this subsection.
(iii)
When these dispute resolution provisions are
invoked, if TxDOT and THC cannot resolve their disagreement, the two agencies
will resolve their dispute in accordance with the procedures established under
state and federal rules.
(I)
Federal undertakings will follow the dispute
resolution procedures as stipulated in 36 CFR Part 800.
(II)
State projects will follow the procedures provided
in 13 TAC Chapter 26.
(L)
Review of MOU. This memorandum shall be reviewed and updated
by January 1, 2002, and by every fifth year from that date, as provided for
in Transportation Code, §201.607.
[
(1)
Texas Department
of Transportation (TxDOT).]
[
(A)
Need for agreement.]
[
(i)
It is the practice of TxDOT to:]
[
(I)
investigate fully the environmental impacts
of TxDOT transportation projects, coordinate these projects with applicable
state and federal agencies, and reflect these investigations and coordination's
in the environmental documentation for each project; ]
[
(II)
base project decisions on a balanced consideration
of the need for a safe, efficient, economical, and environmentally sound transportation
system; ]
[
(III)
complete public involvement and a systematic
interdisciplinary approach as essential parts of the development process for
transportation projects; and
[
(IV)
mitigate project impacts to provide environmentally
sound roadway projects where such mitigation is feasible and prudent and where
such mitigation is agreed upon by appropriate agencies.]
[
(ii)
In order to pursue this policy, TxDOT, the
Texas Historical Commission (THC), and the Texas Antiquities Committee (Committee)
have agreed to develop the MOU, which will supersede TxDOT's MOU with the
committee which became effective on January 5, 1972.]
[
(iii)
Senate Bill 352, enacted by the 72nd Legislature,
directs TxDOT to adopt a memoranda of understanding with applicable environmental
resources agencies.]
[
(iv)
The rules for coordination of state-assisted
transportation projects developed by TxDOT, and published in the June 11,
1991, issue of the Texas Register (16 TexReg 3197) underline the need for
and importance of comprehensive environmental coordination for all transportation
projects.]
[
(v)
It is the intent of this MOU to provide a formal
mechanism by which THC and the committee may review TxDOT projects which have
the potential to affect historic properties (cultural resources) within the
jurisdiction of THC and the committee, and to develop a system by which information
held by TxDOT, THC, and the committee may be exchanged to their mutual benefit.]
[
(vi)
This memorandum supersedes that memorandum
of understanding executed by TxDOT, THC, and the committee on January 31,
1992, and that memorandum of understanding is of no further force of effect.]
[
(B)
Definitions. The following words and terms,
when used in this section, shall have the following meanings, unless the context
clearly indicates otherwise.]
[
(i)
Antiquities Code of Texas (ACT)--Designates
the Committee as the legal custodian of all cultural resources, historic and
prehistoric, within the public domain of the State of Texas, and the body
which issues antiquities permits, in accordance with this chapter and as provided
in ACT, §191.054 and 191.091-191.098.]
[
(ii)
Antiquities permit--A permit issued by the
committee in order to regulate site destruction, archeological testing, and
archeological excavation.]
[
(iii)
Archeological excavation (data recovery)--Use
of field techniques, including those of archeological testing, but with the
goal of addressing specific research issues identified with the site's historic
context. Excavation (data recovery) is conducted under an approved data recovery
plan developed in consultation with the state historic preservation officer
and the Advisory Council on Historic Preservation, following the procedure
set forth under 36 Code of Federal Regulations 800, for federal undertakings;
or in consultation with the committee for non-federal undertakings, in accordance
with this chapter.]
[
(iv)
Archeological monitoring--Use of a professional
archeologist present on-project when clearing and grubbing or other construction
activities are being conducted. Should evidence of archeological remains be
encountered, TxDOT will ensure that clearing and grubbing or other construction
activities shall cease in the area of the archeological remains until these
remains can be assessed and evaluated in accordance with appropriate state
and federal laws and regulations.]
[
(v)
Archeological resource/site--Locations where
prehistoric or historic remains are found in a primary deposit, excluding
extant standing structures dating from the historic time period. Note that
archeological sites can be associated with a historic structure and historic
structural ruins can be designated as archeological sites § 26.5 of this
title (relating to Definitions). However, an extant standing structure itself
(as contrasted to a historic structural ruin) does not constitute an archeological
site in the absence of other associated remains. Prehistoric ruins are considered
to be archeological sites.]
[
(vi)
Archeological survey--Archeological field
methods used to locate archeological remains, including on-foot examination
of the surface, shovel testing, and subsurface trenching by mechanical means
where appropriate.]
[
(vii)
Archeological testing--Use of field techniques
including excavation of holes larger or deeper than those of a shovel test,
and including mechanical trenching and removal of artifacts. Archeological
field research limited to determination of eligibility for the National Register
of Historic Places (NRHP) for federal undertakings, as defined in 36 Code
of Federal Regulations 800, or determination of significance for non-federal
undertakings, as defined in Chapters 26, 27, and 28 of this title (relating
to Practice and Procedure; Procedure; and State Archeological Landmarks).
The review agency will determine what level of testing is appropriate under
the MOU. The committee will determine when test phase investigations warrant
an antiquities permit.]
[
(viii)
Committee--The Texas Antiquities Committee.
[
(ix)
Cultural resources--A general term synonymous
with "historic properties." ]
[
(x)
Eligibility--A site's eligibility for the NRHP
as set forth in 36 Code of Federal Regulations 800.]
[
(xi)
Environmental documents--Decision-making documents
which incorporate the results of environmental studies, coordination and consultation
efforts, and engineering elements. Types of documents include categorical
exclusion assessments, environmental assessments, and environmental impact
statements.]
[
(xii)
Historic property--Any prehistoric or historic
district, site building, structure, or object included in, or eligible for
inclusion in the NRHP, as defined in 36 Code of Federal Regulations 800.2.]
[
(xiii)
Historic resource--A feature of the built
environment which is potentially eligible for listing in the NRHP as defined
in 36 Code of Federal Regulations 60.]
[
(xiv)
Historic resource survey--Examination of
the project for the presence of historic resources.]
[
(xv)
Mechanical testing--Excavation with backhoe,
gradall, or other heavy equipment in order to locate archeological remains.]
[
(xvi)
Project development--The planning process
of a highway project, which includes engineering design as well as environmental
studies and public involvement procedures. Project development generally includes
all studies of a project prior to actual construction.]
[
(xvii)
Review agency--The appropriate review agency
for each particular circumstance. THC has jurisdiction over federal undertakings,
as defined in 36 Code of Federal Regulations 800, and the Committee has jurisdiction
over non-federal undertakings and the issuing of antiquities permits, as provided
in ACT, § 191.054 and § 191.098.]
[
(xviii)
Right-of-way--The land provided for a highway,
usually including the roadway itself, shoulders, and areas between the roadway
and adjacent properties.]
[
(xix)
Shovel testing--Excavation of test holes
which shall measure at least 35 centimeters in diameter and shall be excavated
to a basal horizon or bedrock, or to a depth of at least one meter if a basal
horizon or bedrock is not reached. This technique is used both in areas where
surface visibility is low and in areas where the potential for archeological
remains is high. Shovel testing is also used when surface indications of archeological
remains are encountered in order to provide a preliminary determination of
the depth of the cultural deposits.]
[
(xx)
State archeological landmark--Archeological
and historic properties as defined in the ACT, Subchapter D, and identified
in accordance with Chapters 26 and 28 of this title (relating to Practice
and Procedure and State Archeological Landmarks).]
[
(xxi)
Subsurface survey--Mechanical or hand-dug
probing of a site or project area during the survey phase to record or examine
subsurface deposits for the collection of archeological or geomorphic data.]
[
(C)
Responsibilities.]
[
(i)
TxDOT.]
[
(I)
The responsibilities of TxDOT pertain to its
functions as a transportation agency, and include the following:]
[
(-a-)
planning and designing safe, efficient, cost-effective,
and environmentally sound transportation facilities, and avoiding, minimizing,
or compensating for environmental impacts as far as practicable when they
are anticipated to occur;]
[
(-b-)
the timely and efficient construction
of transportation facilities, executed in a manner consistent with approved
plans or agreements which have been entered into by the department for the
protection of the natural environment and cultural sites; and]
[
(-c-)
the ongoing maintenance of these facilities
to provide safe, efficient, and environmentally sound transportation facilities
for the traveling public, and dedication to the protection of natural and
cultural resources within the jurisdiction of TxDOT;]
[
(-d-)
a commitment to the preservation and
enhancement of the human environment.]
[
(II)
Senate Bill 352 which became effective on
September 1, 1991, directs TxDOT to adopt an MOU with each state agency that
has responsibilities for the protection of the natural environment or for
the preservation of historic and archeological resources.]
[
(ii)
THC. THC, through the Office of the State
Historic Preservation Officer (SHPO), regulates the disposition and management
of historic properties which are affected by federal undertakings, as described
in the National Historic Preservation Act, § 106, and in 36 Code of Federal
Regulations 800.]
[
(iii)
The committee.]
[
(I)
The committee regulates the disposition and
management of archeological landmarks which are affected by non-federal undertakings,
as described in the ACT and this chapter.]
[
(II)
The committee issues permits for the taking,
excavation, restoration, or study of state archeological landmarks as provided
in ACT, § 191.054 and 191.091-191.098.]
[
(D)
Provisions.]
[
(i)
Procedures for coordination regarding archeological
resources.]
[
(I)
Initial coordination phase.]
[
(-a-)
TxDOT may combine the initial coordination
phase with the archeological survey phase in order to expedite project coordination.
In these cases, the review agency will be afforded an opportunity to comment
on both the survey methodology and survey results.]
[
(-b-)
TxDOT will identify projects requiring
coordination for archeological resources, as indicated by the level of project
documentation. Such projects include:]
[
(-1-)
any project which, although classified as
a categorical exclusion (CE), is judged to have the potential to affect archeological
resources;]
[
(-2-)
all projects requiring issuance of a finding
of no significant impact (FONSI), when such a project is judged to have the
potential to affect archeological resources; and]
[
(-3-)
all projects requiring an environmental impact
statement (EIS).]
[
(-c-)
TxDOT will identify projects which
are not believed to require individual coordination for archeological sites
and will provide THC and the Committee with a list of such projects on a monthly
basis.]
[
(-d-)
TxDOT will begin coordination by conducting
a search of the site files at the Texas Archeological Research Laboratory
(TARL) as well as site files and survey records held at the THC and the Committee.
THC and the Committee will render TxDOT all reasonable assistance in the search.]
[
(-e-)
TxDOT will request a review of the project
by the review agency. TxDOT will submit for review:]
[
(-1-)
plans, project descriptions, and other documentation
required by the review agency for review;]
[
(-2-)
a statement detailing the result of the site
files search, including information on any sites listed in the site files
and occurring on or near the project, including a list of properties on or
near the project which are listed in the NRHP, or are designated as state
archeological landmarks (SAL's); and]
[
(-3-)
a statement recommending which portions of
the project are to be surveyed, the techniques to be used on each part of
the project, and identifying the portions of the project which have high likelihood
of yielding archeological remains.]
[
(-f-)
The review agency will respond
within 30 days of receipt of the TxDOT request for review of the project.
The response will include:]
[
(-1-)
a statement of concurrence or nonconcurrence
with the results of the site files check and the survey recommendations contained
in the TxDOT request for review; and]
[
(-2-)
any other comments relevant to the archeological
resources which could be affected by the project.]
[
(-g-)
TxDOT will include the results
of the site files search, survey recommendations, and comments received from
the review agency in any environmental assessment or draft EIS written as
part of the project, and will present findings at the public hearing, if such
hearing is held.]
[
(II)
Archeological survey phase.]
[
(-a-)
All projects, and portions of projects, recommended
for survey by TxDOT and for which concurrence has been obtained from the review
agency during the initial phase of coordination will be the subjects of archeological
survey using the methods agreed upon between TxDOT and the review agency.]
[
(-b-)
An archeological survey will be conducted
by a member of the TxDOT professional archeological staff or other archeologist
approved by the review agency.]
[
(-c-)
When the archeological survey has been
completed, TxDOT will request a review of the results of the survey. With
its request for review, TxDOT will include:]
[
(-1-)
a letter report or form detailing the results
of the survey, including a discussion of any deviations from the methods agreed
upon during the initial phase of coordination;]
[
(-2-)
the project location plotted on 7.5' Series
USGS quadrangle maps;]
[
(-3-)
copies of archeological site survey forms
for any new archeological sites discovered during survey;]
[
(-4-)
copies of archeological site survey forms
for any previously recorded archeological sites; ]
[
(-5-)
recommendations regarding archeological testing
or archeological monitoring; and]
[
(-6-)
if deemed necessary, the review agency may
request TxDOT to produce a formal report of findings made as a result of a
survey phase investigation.]
[
(-d-)
The review agency will respond
within 30 days of receipt of the TxDOT request for review of the survey results
and recommendations. The response will include:]
[
(-1-)
a statement of concurrence or nonconcurrence
with the results of the site files check and the survey results contained
in the TxDOT request for review; and]
[
(-2-)
any other comments relevant to the archeological
resources which could be affected by the project.]
[
(-e-)
TxDOT will include the results
of the archeological survey and recommendations in the environmental assessment
or final EIS, if one is prepared.]
[
(III)
Archeological testing phase.]
[
(-a-)
All sites and portions of sites recommended
for testing by TxDOT, THC, or the Committee will be subjects of archeological
testing, using methods agreed upon by TxDOT and the review agency.]
[
(-b-)
The review agency may send a representative
to observe any or all of the testing procedures.]
[
(-c-)
At the completion of testing, TxDOT
will prepare a formal report of the results of testing.]
[
(-1-)
For sites affected by federal undertakings,
the report will include recommendations regarding eligibility for the NRHP,
as described in 36 Code of Federal Regulations 800.]
[
(-2-)
For sites affected by non-federal undertakings,
the report will include recommendations regarding the significance of the
site and whether designation as an SAL is warranted, in accordance with ACT,
§ 191.091 and § 191.092, and Chapters 26, 27, and 28 of this title
(relating to Practice and Procedure; Procedure; and State Archeological Landmarks).]
[
(-d-)
TxDOT will send the testing report
to the review agency with a request for review.]
[
(-e-)
THC, in accordance with 36 Code of Federal
Regulations 800, will respond to the report within 30 days of receipt of the
TxDOT request for review. The response will include:]
[
(-1-)
a statement of concurrence or nonconcurrence
with the results of the archeological testing and recommendations contained
in the TxDOT request for review;]
[
(-2-)
a determination of the site's eligibility
for listing in the NRHP; and]
[
(-3-)
any other comments relevant to the archeological
site which has undergone archeological testing.]
[
(-f-)
The Committee, in accordance with
this chapter and the ACT, Chapter 191, will respond to the report within 60
days of receipt of the TxDOT request for review. The response will include:]
[
(-1-)
a statement of concurrence or nonconcurrence
with the results of the archeological testing and recommendations contained
in the TxDOT request for review;]
[
(-2-)
a determination of whether the site warrants
designation as an SAL; and]
[
(-3-)
any other comments relevant to the archeological
site which has undergone archeological testing.]
[
(-g-)
TxDOT will include the results
of the archeological survey and recommendations in the environmental assessment
or final EIS, if one is prepared.]
[
(-h-)
The Committee may require an antiquities
permit be issued for some test phase investigations if the scope of the investigations
warrants it. All testing performed by non- TxDOT staff archeologists must
be performed under an antiquities permit.]
[
(IV)
Archeological excavation/data recovery.]
[
(-a-)
All sites and portions of sites determined
to be eligible for the NRHP (for federal undertakings) or significant (for
non-federal undertakings) based on consultation with the review agency during
the survey phase or testing phase will be the subjects of data recovery.]
[
(-b-)
TxDOT (or their contracted agent), in
consultation with the review agency, will develop a suitable data recovery
plan for each eligible or significant archeological site on a case-by-case
basis, in accordance with 36 Code of Federal Regulations 800 for federal undertakings
and the ACT, Chapter 191, for non-federal undertakings. Final data recovery
plans must be approved by the review agency prior to their implementation.]
[
(-c-)
Results of data recovery will be published
as required by 36 Code of Federal Regulations 800 and/or the ACT, Chapter
191.]
[
(V)
Archeological sites found after award of contract.]
[
(-a-)
When previously unknown archeological remains
are encountered after award of contract, TxDOT will immediately suspend construction
that would affect the site.]
[
(-b-)
A TxDOT archeologist will examine the
remains and report the findings to the appropriate review agency. The Federal
Highway Administration (FHWA) will enter consultations regarding the disposition
of the site or sites for federal undertakings, as required by 36 Code of Federal
Regulations 800.]
[
(-c-)
TxDOT and the review agency will prepare
a plan of action to determine eligibility or significance, and/or mitigate
the effects on the site.]
[
(-d-)
TxDOT may continue construction in the
affected area upon approval of the review agency.]
[
(ii)
Procedures for coordination regarding historic
resources.]
[
(I)
TxDOT will identify projects requiring coordination
with the review agency for historic resources. Coordination will be required
for:]
[
(-a-)
any project which, although classified as
a CE, is judged to have the potential to affect historical resources; ]
[
(-b-)
any project requiring the issuance of
an FONSI, when such project is judged to have the potential to affect historic
resources; and]
[
(-c-)
all projects requiring an EIS.]
[
(II)
TxDOT will identify which projects require
individual coordination for historic resources. TxDOT will provide a list
of those projects which do not require individual coordination to THC and
the Committee on a monthly basis.]
[
(III)
For projects requiring individual coordination,
TxDOT will conduct a search of available records, references, and resources,
including listings of Registered Texas Historic Landmarks (RTHL's), SAL's,
and properties listed in the NRHP, as well as local historic property survey
files on record at THC. THC and the Committee will render all reasonable assistance
to TxDOT in the search.]
[
(IV)
TxDOT will conduct historic resources surveys
to locate historic resources which are potentially eligible for inclusion
in the NRHP.]
[
(V)
For each project requiring individual historic
resources coordination with the review agency, TxDOT will provide the following:]
[
(-a-)
plans, project descriptions, and other documentation
as needed;]
[
(-b-)
a statement detailing the results of
the records search; and]
[
(-c-)
a summary of the results of the historic
resources survey, describing all resources:]
[
(-1-)
listed in or potentially eligible for listing
in the NRHP for federal undertakings; or]
[
(-2-)
which possess historical interest as defined
by the ACT, § 191.092, for non- federal undertakings.]
[
(VI)
The review agency will respond within 30 days
of receipt of the TxDOT request for review of the project. The response will
be in accordance with 36 Code of Federal Regulations 800, ACT, Chapter 191,
and this chapter.]
[
(VII)
TxDOT will include information on historic
resources in the environmental assessment or final EIS, if one is prepared.]
[
(VIII)
All historic resources either listed in
or determined eligible for listing in the NRHP (for federal undertakings)
or designated SAL's (for non-federal undertakings) which are affected by projects
will be subject to mitigation of these effects.]
[
(IX)
TxDOT, in consultation with the review agency,
will develop a suitable mitigation plan:]
[
(-a-)
in accordance with 36 Code of Federal Regulations
800 for historic resources listed in or determined eligible for listing in
the NRHP for federal undertakings; or]
[
(-b-)
in accordance with the ACT, Chapter
191, for historic resources designated as SAL's for non-federal undertakings.
Final mitigation plans must be approved by the review agency prior to implementation
of mitigation efforts.]
[
(iii)
Artifact recovery and curation.]
[
(I)
Artifact recovery.]
[
(-a-)
All artifacts or analysis samples (such as
soil samples) that are recovered from survey, testing, or data recovery investigations
by TxDOT or their contracted agents must be cleaned, labeled, and processed
in preparation for long-term curation.]
[
(-b-)
Recovery methods must conform to 36
Code of Federal Regulations 800, Committee rules, and/or Council of Texas
Archeologists (CTA) guidelines to ensure proper care and curation.]
[
(II)
Artifact curation.]
[
(-a-)
TxDOT may temporarily house artifacts and
samples during their laboratory analysis research, but all artifacts must
be transferred to a permanent curatorial facility within a reasonable time
period, to be decided by the review agency.]
[
(-b-)
All artifacts and samples must be placed
at the Texas Archeological Research Laboratory or some regional artifact curatorial
repository which fulfills 36 Code of Federal Regulations 800, Committee rules,
or CTA curation standards, as approved by the review agency.]
[
(-c-)
TxDOT is responsible for the curatorial
preparation of all artifacts so that they are acceptable to the receiving
curatorial repository and fulfill 36 Code of Federal Regulations 79, Committee
rules, or CTA curation standards, as approved by the review agency.]
[
(iv)
Resolution of objections.]
[
(I)
Should the reviewing agency timely object (within
stipulated review period) to any plans provided for review or any actions
proposed by TxDOT regarding:]
[
(-a-)
any phase of coordination for archeological
resources including initial coordination, survey, testing, excavation/data
recovery, and reporting;]
[
(-b-)
any phase of coordination for historic
resources including initial coordination, historic resources survey, and mitigation;
or]
[
(-c-)
curation of site materials, documentation,
and samples, TxDOT and reviewing agency shall enter into consultation to resolve
the objection.]
[
(II)
If the objection cannot be resolved through
the consultation process, either TxDOT or the reviewing agency, at any time,
may terminate consultation and invoke the provisions of subparagraph (E) of
this paragraph.]
[
(E)
Dispute resolution.]
[
(i)
In such instances when TxDOT and the review
agency are unable to reach a mutually agreeable plan of action regarding survey,
testing, determination of eligibility or significance, or mitigation, a good-faith
effort will be made to develop a compromise plan.]
[
(ii)
If TxDOT and the review agency cannot arrive
at a compromise plan, the dispute will be resolved in accordance with procedures
established under state and federal rules.]
[
(I)
Federal undertakings will follow the procedures
provided in 36 Code of Federal Regulations 800, including consultation with
the Advisory Council on Historic Preservation, if necessary.]
[
(II)
Non-federal undertakings will follow the procedures
provided in Chapters 26, 27, and 28 of this title (relating to Practice and
Procedure; Procedure; and State Archeological Landmarks).]
[
(F)
Review of MOU. This memorandum shall be reviewed
and updated no later than January 1, 1997, and every fifth year after that
date, as provided for in Senate Bill 352 and Texas Civil Statutes, Article
6673g, § 3(d).]
(2)-(3)
(No change.)
§26.27.Disposition of Archeological Artifacts and Data.
(a)
Processing. Investigators who receive permits shall be
responsible for cleaning, conserving, cataloguing, and preserving all collections,
specimens, samples, and records, and for the reporting of results of the investigation.
(b)
Ownership. All specimens, artifacts, materials, and samples
plus original field notes, maps, drawings, photographs, and standard state
site survey forms, resulting from the investigations remain the property of
the State of Texas. Certain exceptions left to the discretion of the committee
are contained in the Texas Natural Resources Code of 1977, Title 9, Chapter
191, Section 191.052 (b). The committee will determine the final disposition
of all artifacts, specimens, materials, and data recovered by investigations
on State Archeological Landmarks or potential landmarks which remain the property
of the State. Antiquities from State Archeological Landmarks are of inestimable
historical and scientific value and should be preserved and utilized in such
a way as to benefit all the citizens of Texas. It is the policy of the committee
that such antiquities shall never be used for commercial exploitation.
(c)
Housing, conserving, and exhibiting antiquities from State
Archeological Landmarks.
(1)
After investigation of a State Archeological Landmark has
culminated in the reporting of results, the antiquities will be permanently
preserved in research collections at the curatorial institution approved by
the committee. Prior to the expiration of a permit, proof that archeological
collections and related field notes are housed in a curatorial facility is
required. Failure to demonstrate proof before the permit expiration date may
result in the principal investigator and co-principal investigator falling
into default status.
(2)
No later than December 31, 2002
[
By January 1, 2000
], institutions that curate artifacts recovered under
Antiquities Permit(s) must be accredited through the Council of Texas Archeologists
Accreditation and Review
Council
[
Committee
] accreditation
program. Institutions housing antiquities from State Archeological Landmarks
will also be responsible for adequate security of the collections, continued
conservation, periodic inventory, and for making the collections available
to qualified institutions, individuals, or corporations for research purposes.
(3)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on August
20, 1999.
TRD-9905298
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: September 26, 1999
For further information, please call: (512) 463-5711