reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 25 - STATE ARCHEOLOGICAL PROGRAM › Section 25.9 - Discovery and Evaluation of Unverified Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) Discovery of Unverified Cemeteries.
				Section
				RSA 711.0111
				of the Health and Safety Code of Texas requires that any person that discovers
				an unverified cemetery shall file a notice and evidence of the discovery with
				the commission on a form provided by the commission. Section 711.0111 also
				requires that any person that discovers an unverified cemetery shall
				concurrently provide a copy of the notice of the filing with the landowner on
				record in the county appraisal district on whose land the unverified cemetery
				is located. The commission shall evaluate the notice and the evidence submitted
				with the notice, and consider the response of the landowner, if any is received
				not later than the 30th day after notice, and shall determine whether there is
				sufficient evidence to support the claim of the existence of a cemetery. If the
				commission determines that sufficient evidence supports the existence of a
				cemetery, the commission shall notify the landowner and may file notice of the
				existence of the cemetery under §
									RSA 711.011
				of the Health and Safety Code. If a notice of existence has already been filed
				under §711.011 and the commission has determined that there is not
				sufficient evidence of a cemetery the commission shall notify the landowner of
				its determination, amend the notice to include the commission's determination,
				and file the amendment with the county clerk to correct the
				dedication.
(b) Criteria for
				Evaluating and Verifying Cemeteries. The commission shall use one or more of
				the following criteria when assessing the verification of the existence of a
				cemetery:
(1) the location contains
				interment(s) that is/are confirmed through assessments or investigations
				consented by the landowner and performed by a professional archeologist or
				other individuals as defined by §
										RSA 711.0105<subdiv>(a)</subdiv>
				of the Health and Safety Code of Texas;
(2) the location contains human burial
				caskets or other containers or vessels that contain human remains or are
				contextually known to have been used to inter human remains;
(3) the location contains articulated human
				remains that were deliberately interred; or
(4) the location contains a burial pit or
				burial pit features.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 26.1 - Object

Current through Reg. 49, No. 28; July 12, 2024
As authorized in Title 9, Chapter 191 (§RSA 191.052), of the Texas
					 Natural Resources Code, otherwise known as the Antiquities Code of Texas, and
					 Title 4, Subtitle D, Chapter 442 (§RSA 442.005(q)
					 and §RSA 442.017)
					 of the Texas Government Code, the Texas Historical Commission, hereafter
					 referred to as the commission, is specifically empowered to adopt rules and
					 conditions related to the administration and enforcement of the Antiquities
					 Code of Texas and provisions within Chapter 442 of the Government Code and
					 Chapter 711 of the Health and Safety Code.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 26.4 - Professional Qualifications and Requirements

Current through Reg. 49, No. 28; July 12, 2024
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.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 26.6 - Permit Monitoring

Current through Reg. 49, No. 28; July 12, 2024
Any member, employee, or agent of the commission and any
					 officer in charge of land owned or controlled by the State of Texas or his or
					 her designee may, at any time, visit the cultural resource undergoing permitted
					 project work, or area or site being investigated under permit. Such a
					 representative of the state may examine the ongoing areas of work, the field
					 records, materials, and specimens being recovered.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter B - IDENTIFICATION AND DESIGNATION OF LANDMARKS › Section 26.8 - Designation Procedures for Publicly Owned Landmarks

Current through Reg. 49, No. 28; July 12, 2024
(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 §§
										RSA 26.10-
				  RSA 26.12
				  and §
										RSA 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.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter B - IDENTIFICATION AND DESIGNATION OF LANDMARKS › Section 26.9 - Designation of Private Property

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Designation procedure. Cultural resources of national, state, or local
				  significance in private ownership may be nominated by individuals or
				  institutions holding title to the property on which the resources are located.
				  The nomination must be submitted to the commission on a form approved by the
				  commission. In addition to the nomination requirements listed in §
										RSA 26.8<subdiv>(a)</subdiv>
				  of this title (relating to Designation Procedures for Publicly Owned
				  Landmarks), the nomination must be accompanied by proof of ownership, such as a
				  deed record, and payment for the medallion. The nomination form shall contain
				  language that expressly states the owner's consent to landmark designation by
				  signing the form. A site, building, or structure on privately owned property,
				  which is designated as a landmark by the commission, is afforded the same
				  protection under the Antiquities Code of Texas as resources on public property.
				  The nomination and designation hearing process for the designation of privately
				  owned property will follow the same basic procedures set forth in §
										RSA 26.8
				  of this title.
(b) Recordation and
				  marking of landmarks on private property. Upon designation, the commission
				  shall record the property owner's consent and notice of the designation in the
				  deed records of the county in which the property is located, provide the
				  property owner with a copy of the filed instrument, and retain a copy of the
				  filed instrument in the commission's records. Landmarks shall be marked with a
				  marker or medallion, to be installed by commission staff or designee
				  immediately after designation.
(1)
				  Archeological sites designated as landmarks shall be marked with a landmark
				  marker. The UTM coordinate of the marker will be retained in the commission's
				  records.
(2) Historic buildings and
				  structures designated as landmarks shall be marked with a medallion bearing the
				  words "State Antiquities Landmark". The property owner shall provide payment
				  for the medallion when the nomination form is submitted to the Commission . A
				  photograph of the installed medallion showing its context will be retained in
				  the commission's records.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter C - ARCHEOLOGY › Section 26.10 - Criteria for Evaluating Archeological Sites and Verifying Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission shall use one or more of
				  the following criteria when assessing the appropriateness of official landmark
				  designation, and/or the need for further investigations under the permit
				  process:
(1) the site has the potential to
				  contribute to a better understanding of the prehistory and/or history of Texas
				  by the addition of new and important information;
(2) the site's archeological deposits and the
				  artifacts within the site are preserved and intact, thereby supporting the
				  research potential or preservation interests of the site;
(3) the site possesses unique or rare
				  attributes concerning Texas prehistory and/or history;
(4) the study of the site offers the
				  opportunity to test theories and methods of preservation, thereby contributing
				  to new scientific knowledge; and
(5) there is a high likelihood that vandalism
				  and relic collecting has occurred or could occur, and official landmark
				  designation is needed to ensure maximum legal protection, or alternatively,
				  further investigations are needed to mitigate the effects of vandalism and
				  relic collecting when the site cannot be protected.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter C - ARCHEOLOGY › Section 26.11 - Criteria for Evaluating Shipwrecks

Current through Reg. 49, No. 28; July 12, 2024
Shipwrecks may be considered significant and be recognized
					 or designated as landmarks provided that the following conditions are
					 met:
(1) the shipwreck is located on
				  land owned or controlled by the State of Texas or one of its political
				  subdivisions;
(2) the shipwreck is
				  pre-twentieth century or is otherwise historically significant and is 50 years
				  old or older in age; and
(3) the
				  remains consist of a shipwreck sunken, abandoned, or a wreck of the sea, or are
				  represented by the ship's remains and/or contents or related embedded
				  treasure.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter C - ARCHEOLOGY › Section 26.12 - Criteria for Evaluating Caches and Collections

Current through Reg. 49, No. 28; July 12, 2024
Caches and collections may be considered significant and be
					 recognized or designated as landmarks, provided that at least one of the
					 following conditions is met:
(1) the
				  cache or collection was assembled with public funds or taken from public
				  lands;
(2) preservation of
				  materials is adequate to allow the application of standard archeological or
				  conservation techniques;
(3) the
				  cache or collection is of research value, thereby contributing to scientific
				  knowledge; or
(4) the cache or
				  collection is of historic value or contributes to a theme.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter C - ARCHEOLOGY › Section 26.13 - Application for Archeological Permits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Justification for investigation. Investigations undertaken on publicly owned
				  cultural resources or to locate or discover such resources must be oriented
				  toward solving a particular research problem, preparation of a site for public
				  interpretation, or for the purpose of salvaging information and specimens from
				  a site threatened with immediate destruction.
(b) Eligibility for application. Permits to
				  conduct investigations of any nature on landmarks or for the discovery of
				  potential landmarks, or on lands owned or controlled by agencies or political
				  subdivisions of the state will be issued exclusively by the Commission under
				  the conditions provided in the Antiquities Code of Texas and in this chapter.
(1) Permits may be issued by the Commission
				  to scientific and educational institutions, nonprofit corporations and
				  organizations, investigative firms, and governmental agencies which have
				  demonstrated their ability to carry out proper archeological investigations
				  through their own staffs, including one or more professional archeologists who
				  can serve as principal investigators, and who will supervise the project, or
				  through a contract with a professional archeologist who can serve as a
				  principal investigator. Permits may also be issued to individuals and private
				  corporations who:
(A) retain a professional
				  archeologist who can serve as a principal investigator for the investigations,
				  and can be in direct charge of the project from field investigation through
				  preservation of collections and analysis of data to reporting of results;
				  and
(B) if required by the
				  Commission or the terms or conditions of a Memorandum of Understanding, provide
				  proof that adequate funds, equipment, facilities, and personnel are available
				  to properly conduct the investigation as proposed to the Commission, and to
				  report the results. The Commission may require a performance bond to be posted
				  as part of the application process.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter C - ARCHEOLOGY › Section 26.14 - Issuance and Restrictions of Archeological Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance of permit. The commission shall
				  review the permit application submitted pursuant to §
										RSA 26.13
				  of this title (relating to Application for Archeological Permits) and may issue
				  the permit, issue the permit with special conditions, request additional
				  information for review, request a revised scope of work or research design, or
				  deny the permit application.
(1) Review by
				  commission staff. Within 30 days of the receipt of a permit application, staff
				  shall notify the applicant in writing that the permit application is complete
				  and accepted for filing or that the permit application is incomplete and
				  specify the additional information required for review. The commission will
				  also issue or deny the permit within 30 days. Investigations may commence upon
				  receipt of notification of the assignment of a permit number, and a copy of the
				  permit will be sent to all signatories to the permit application.
(2) Review by the Antiquities Advisory Board.
				  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 15 days to prepare for such review.
				  Recommendations of the board shall be taken to the next scheduled meeting of
				  the commission by the chair of the board or by one of the other commissioners
				  who serve on the board for action thereon.
(3) The deadlines in this section may be
				  extended for good cause. In the event a deadline is extended, the commission
				  shall provide notice of the extension and the good cause to the applicant in
				  writing. The applicant may complain directly to the executive director if the
				  staff exceeds the established period for processing permits and may request a
				  timely resolution of any dispute arising from the delay.
(4) Failure to respond. If no response has
				  been made by the commission within 30 days of receipt of any permit
				  application, the permit shall be considered to be granted.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter C - ARCHEOLOGY › Section 26.15 - Archeological Permit Categories

Current through Reg. 49, No. 28; July 12, 2024
Several categories of permits oriented toward specific
					 types of investigation are issued by the Commission. Pursuant to 13 TAC §
										RSA 26.13(relating
					 to Application for Archeological Permits), the permit applicant or project
					 sponsor is responsible for ensuring that all permitted projects are undertaken
					 by qualified personnel and with adequate funds and material support. 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.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter C - ARCHEOLOGY › Section 26.16 - Reports Relating to Archeological Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) With the exception of alternative
				  mitigation and rock art preservation permits, a report must be submitted to the
				  commission describing the results of each permitted investigation. The report
				  should meet the Council of Texas Archeologists (CTA) Guidelines for Cultural
				  Resources Management Full or Short Reports, and must be submitted to the
				  commission meeting the following requirements.
(1) The report must contain:
(A) a title page that includes: the name of
				  the investigation project, the name of the principal investigator and
				  investigative firm, the county or counties in which the investigations were
				  performed, the Antiquities Permit number, and the date of
				  publication;
(B) an abstract
				  containing project field dates, project acreage, descriptions of the findings,
				  a list of the sites recorded (with trinomials), and a clarification concerning
				  which artifacts were curated and where they are or will be curated;
(C) specific recommendations of which sites
				  merit official designation as landmarks; which sites appear to be eligible for
				  inclusion in the National Register of Historic Places; and which sites will be
				  adversely affected by the proposed project; and
(D) map(s) with accurate plottings of the
				  project area and archeological sites.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter C - ARCHEOLOGY › Section 26.17 - Principal Investigator's Responsibilities for Disposition of Archeological Artifacts and Data

Current through Reg. 49, No. 28; July 12, 2024
(a) Processing.
				  Principal investigators who receive permits shall be responsible for cleaning,
				  conserving, cataloguing, packaging in archival materials; arranging for the
				  curation of all collections, specimens, samples, and records; and for the
				  reporting of results of the investigation.
(b) Ownership. All specimens, artifacts,
				  materials, samples, original field notes, maps, drawings, photographs, and
				  standard state site survey forms resulting from the investigations remain the
				  property of State of Texas. Certain exceptions left to the discretion of the
				  Commission are contained in Texas Natural Resources Code, §
										RSA 191.052<subdiv>(b)</subdiv>.
				  The Commission will determine the final disposition of all artifacts,
				  specimens, materials, and data recovered by investigations on landmarks or
				  potential landmarks, which remain the property of the State. Antiquities from
				  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.
				  Such antiquities shall never be used for commercial exploitation.
(c) Housing, conserving, and exhibiting
				  antiquities from landmarks.
(1) After
				  investigation of a landmark has culminated in the reporting of results, the
				  antiquities will be permanently preserved in research collections at the
				  curatorial facility approved by the Commission Prior to the expiration of the
				  permit, proof that archeological collections and related field notes are housed
				  in a curatorial facility is required through the submission of a curation form.
				  Failure to demonstrate proof before the permit expiration date may result in
				  the principal investigator and co-principal investigator falling into default
				  status.
(2) Institutions housing
				  antiquities from 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) Exhibits
				  of materials recovered from landmarks will be designed in such a way as to
				  provide the maximum amount of historical, scientific, archeological, and
				  educational information to all the citizens of Texas. First preference will be
				  given to traveling exhibits following guidelines provided by the Commission and
				  originating at an adequate facility nearest the point of recovery. Permanent
				  exhibits of antiquities may be prepared by institutions maintaining such
				  collections following guidelines provided by the Commission. A variety of
				  special, short-term exhibits may also be authorized by the
				  Commission.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter D - HISTORIC BUILDINGS AND STRUCTURES › Section 26.19 - Criteria for Evaluating Historic Buildings and Structures

Current through Reg. 49, No. 28; July 12, 2024
Buildings, structures, cultural landscapes, and
					 non-archeological sites, objects, and districts may be designated as landmarks,
					 provided that the following conditions are met:
(1) the property meets at least one of the
				  following criteria:
(A) the property is
				  associated with events that have made a significant contribution to the broad
				  patterns of our history, including importance to a particular cultural or
				  ethnic group;
(B) the property is
				  associated with the lives of persons significant in our past;
(C) the property embodies the distinctive
				  characteristics of a type, period, or method of construction, represents the
				  work of a master, possesses high artistic values, or represents a significant
				  and distinguishable entity whose components may lack individual
				  distinction;
(D) the property has
				  yielded, or may be likely to yield, information important in Texas culture or
				  history;
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter D - HISTORIC BUILDINGS AND STRUCTURES › Section 26.21 - Issuance and Restriction of Historic Buildings and Structures Permits

Current through Reg. 49, No. 28; July 12, 2024
(a) Issuance of permit. The commission shall
				  review the permit application submitted pursuant to §
										RSA 26.20
				  of this title (relating to Application for Historic Buildings and Structures
				  Permits) and may issue the permit, issue the permit with special conditions,
				  request additional information for review, request a revised scope of work, or
				  deny the permit application.
(1) Review by
				  commission staff. Within 30 days of the receipt of a permit application, staff
				  shall notify the applicant in writing that the permit application is complete
				  and accepted for filing or that the permit application is incomplete and
				  specify the additional information required for review, such as additional
				  drawings, construction details, or product information. The commission will
				  issue or deny the permit within 60 days of the receipt of a complete permit
				  application, unless additional time is required for review by the Antiquities
				  Advisory Board and/or the commission under paragraph (2) of this subsection.
				  The commission will notify the permit applicant if more than 60 days is
				  required to act on the application. 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.
(2) Review by the Antiquities Advisory Board.
				  The executive director may choose to submit the permit application to the
				  Antiquities Advisory Board for its consideration and potential recommendation
				  to the commission for permitting. 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
				  chair of the board or by one of the other commissioners who serve on the board
				  for action thereon.
(3) The
				  deadlines in this section may be extended for good cause. In the event a
				  deadline is extended, the commission shall provide notice of the extension and
				  the good cause to the applicant in writing. The applicant may complain directly
				  to the executive director if the staff exceeds the established period for
				  processing permits and may request a timely resolution of any dispute arising
				  from the delay.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter E - MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 26.25 - Memorandum of Understanding with Texas Department of Transportation

Current through Reg. 49, No. 28; July 12, 2024
(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, §
										RSA 442.005 and §
										RSA 442.007; Texas
				  Natural Resources Code, §
										RSA 191.0525<subdiv>(f)</subdiv>;
				  and Transportation Code, §
										RSA 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 May
				  20, 2013.
(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 by
				  TxDOT in compliance with the requirements of this section.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter E - MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES › Section 26.27 - Memorandum of Understanding with Texas Parks and Wildlife Department

Current through Reg. 49, No. 28; July 12, 2024
(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
				  §
													RSA 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.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 26 - PRACTICE AND PROCEDURE › Subchapter F - REMOVAL OF DESIGNATIONS › Section 26.28 - Removal of Designations for Privately or Publicly Owned Landmarks

Current through Reg. 49, No. 28; July 12, 2024
(a) The public or private owner of property
				  on which a landmark is designated pursuant to this Chapter may apply to the
				  commission for removal of the landmark designation. The application must be
				  submitted to the commission on a form approved by the commission, and the
				  commission will determine whether the application is complete. The application
				  shall indicate the basis for the property's original designation as an
				  archeological site, shipwreck, cache or collection, historic building or
				  structure, or any combination thereof, per the criteria for evaluation
				  specified in §§
										RSA 26.10-
				  RSA 26.12
				  and §
										RSA 26.19
				  of this title (relating to Criteria for Evaluating Historic Buildings and
				  Structures).
(1) If the owner of the property
				  is a public entity, or if the property was, at the time of its designation,
				  owned by a public entity, the applicant owner must also give notice of the
				  application at their 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 to that in which the landmark
				  is located. 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 applicant/owner
				  of the building or site.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 28 - HISTORIC SHIPWRECKS › Section 28.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				purpose of these sections is to describe avoidance or protection procedures
				applicable to persons who conduct or cause to be conducted any activity which
				would cause damage to sunken or abandoned pre-twentieth century ships and other
				historically significant wrecks of the sea.
(b) Scope. These sections apply only to
				activities that would cause damage to sunken or abandoned pre-twentieth century
				ships and other historically significant wrecks.
(c) Claim of title. These sections do not
				purport to alter any ownership or claim of title by the state to any sunken or
				abandoned pre-twentieth century ships and wrecks of the sea.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 28 - HISTORIC SHIPWRECKS › Section 28.3 - Procedures

Current through Reg. 49, No. 28; July 12, 2024
After consultation with affected persons and after due
				  reflection on the commission's obligations under the Antiquities Code of Texas,
				  the commission makes the following determinations of fact and policy:
(1) It is in the public interest of the State
				of Texas to locate, protect, and preserve all shipwrecks in Texas' submerged
				lands.
(2) The commission shall
				determine and designate the site of state archeological landmarks in Texas'
				submerged lands and remove from the designation certain sites.
(3) The commission shall evaluate lease sales
				proposed to be conducted in Texas' submerged lands by the School Land Board and
				may recommend developmental restrictions to be applied to each designated tract
				which will be published in the Notice for Bids booklet which is distributed by
				the General Land Office 30 days before each lease sale, and which will forewarn
				potential lessees of developmental restrictions that apply to the
				tract.
(4) The commission shall
				evaluate proposed activities in Texas' submerged lands, and may comment
				favorably, conditionally, or adversely on applications for permits submitted to
				the U.S. Army Corps of Engineers, in accordance with applicable rules and
				orders.
(5) The commission may
				require persons working in the area of a known shipwreck in Texas' submerged
				lands to take action approved by the commission to avoid damaging the
				shipwreck. The commission may require similar action of persons working in an
				area where there is a likelihood that a shipwreck exists in Texas' submerged
				lands or where a remote-sensing survey conducted under the provisions of §
									RSA 28.6 of
				this title has indicated the possible presence of a shipwreck.
(6) All persons shall conduct their
				activities in Texas' submerged lands in a manner that will avoid damage to
				shipwrecks in Texas' submerged lands, and that will protect and preserve the
				cultural resources of Texas.
(7)
				Any non-shipwreck historic or prehistoric cultural resources in, on, or under
				the surface of any land, including submerged land, belonging to the State of
				Texas or to any county, city, or other political subdivision of the state is
				protected under Chapter 26 of this title.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 28 - HISTORIC SHIPWRECKS › Section 28.4 - State Land Tracts Designated as High Probability

Current through Reg. 49, No. 28; July 12, 2024
(a) The commission has determined there is
				substantial evidence of the presence of shipwrecks in certain state land tracts
				of Texas' submerged lands. Such tracts are designated as high probability
				tracts by the commission. The list of high probability tracts is maintained by
				the Texas General Land Office as part of that agency's Resource Management Code
				system for state-owned submerged lands and is updated as necessary by the
				commission. This list is available from the Texas General Land Office, Resource
				Management Division.
(b) The
				commission shall take action to determine the site, or probable site, of
				shipwrecks in Texas' submerged lands within a designated state land tract and
				remove from the designations certain state land tracts in which there has been
				a determination there is not a substantial probability of finding a
				shipwreck.
(c) The list of high
				probability state tracts in state-owned submerged lands is considered only a
				guide to the probability of the presence or absence of a state archeological
				landmark or eligible property within a given tract.
(d) Texas' submerged lands not contained
				within defined state land tracts are generally considered high probability
				areas and the commission shall determine if a survey is needed within those
				waters for any given undertaking.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 28 - HISTORIC SHIPWRECKS › Section 28.5 - Access to Information

Current through Reg. 49, No. 28; July 12, 2024
The commission possesses information related to shipwrecks in
				  Texas' submerged lands. Access to such information, with the exception of the
				  list of high probability tracts described in §
									RSA 28.4<subdiv>(a)</subdiv>
				  of this title, is limited to registered researchers as specified in Chapter 24
				  of this title. The commission's shipwreck reference file will be available for
				  review by registered researchers at the commission during regular business
				  hours.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 28 - HISTORIC SHIPWRECKS › Section 28.6 - Conduct of Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) All persons
				shall conduct their activities in Texas' submerged lands in a manner designed
				to avoid damage to shipwrecks in Texas' submerged lands, and to protect and
				preserve the cultural resources of Texas. If, during the conduct of activities
				in submerged state land tracts, a person discovers the existence of a
				shipwreck, the person shall promptly notify the commission of the existence of
				the historic property and shall conduct the activities in a manner that will
				avoid damage to the shipwreck.
(b)
				When a person submits an application for a permit from the U.S. Army Corps of
				Engineers, the person shall describe the proposed activity in sufficient detail
				to enable the commission to review the U.S. Army Corps of Engineers' public
				notice publication, and determine if the proposed activity may impact a
				shipwreck.
(c) If the proposed
				activity is in an area where a shipwreck is known to exist, or where there is a
				likelihood that a shipwreck exists, the commission may require an archeological
				survey, the purpose of which is to locate shipwrecks.
(d) Conduct of such a survey may be
				recommended by the commission to the U.S. Army Corps of Engineers, and may be
				required as a condition of issuance of the permit from the U.S. Army Corps of
				Engineers. Such survey must be done under a Texas Antiquities Permit issued by
				the commission. The Texas Antiquities Permit is issued only to a qualified
				archeologist and allows the commission to monitor the quality and results of
				the survey.
(e) The commission has
				set the following minimum standards for conducting a survey.
(1) Horizontal positioning.
(A) Texas' submerged lands within bays and
				rivers and within the 3 nautical mile line in the Gulf of Mexico.
(i) The avoidance margin in this area is
				fifty (50) meters.
(ii) The maximum
				survey line spacing in this area is twenty (20) meters.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 28 - HISTORIC SHIPWRECKS › Section 28.7 - Remote Sensing Survey for Pure Research Purposes

Current through Reg. 49, No. 28; July 12, 2024
A person may conduct a survey for the sole purpose of pure
				  historical or archeological research on shipwrecks and not for review and
				  compliance clearance. Such pure research surveys must be conducted under a
				  Texas Antiquities Permit issued to a qualified archeologist by the commission.
				  The minimum standards for conducting such a survey may vary from those set
				  forth in §
									RSA 28.6<subdiv>(e)</subdiv>
				  of this title.
Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 28 - HISTORIC SHIPWRECKS › Section 28.8 - Activities Conducted on Shipwrecks beyond the Survey Level

Current through Reg. 49, No. 28; July 12, 2024
Any activity conducted on a shipwreck beyond that authorized
				  under the survey permit issued by the commission must be authorized under a
				  separate permit issued by the commission specifically for that activity as
				  discussed under §
									RSA 26.20
				  of this title.