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 26.7 - Location and Discovery of Cultural Resources and Landmarks

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the public policy and in the
				  interest of the State of Texas to locate archeological sites and other cultural
				  resources, in, on, or under any land within the jurisdiction of the State of
				  Texas per Texas Natural Resources Code, §
										RSA 191.002.
(b) The commission shall provide for the
				  discovery and/or scientific investigation of publicly owned cultural resources
				  in accordance with Texas Natural Resources Code, §
										RSA 191.051.
(c) The commission, state agencies, political
				  subdivisions of the state, and law enforcement agencies shall work together to
				  locate and protect cultural resources when deemed prudent, necessary, and/or in
				  the best interest of the state per Texas Natural Resources Code, §
										RSA 191.174.
(d) To achieve these mandates, the commission
				  shall review construction plans for projects on public lands prior to
				  development to determine the project's potential impact to cultural resources,
				  and invoke its power to issue Antiquities Permits and supervise Antiquities
				  Permit investigations in accordance with Texas Natural Resources Code, §
										RSA 191.054.
				  These mandates and the review of construction plans that may adversely affect
				  archeological sites and historic buildings or structures are accomplished in
				  the following manner.
(1) Project
				  notification. As provided by Texas Natural Resources Code, §§
											RSA 191.0525,
				  RSA 191.054,
				  RSA 191.093,
				  and
				  RSA 191.098,
				  public agencies shall notify the commission before groundbreaking on public
				  land or construction projects that could take, alter, damage, destroy, salvage,
				  or excavate archeological sites, historic buildings or structures, designated
				  historic districts, or other cultural resources or landmarks on non-federal
				  public land in Texas. The notification must contain a brief written scope of
				  work and a copy of the appropriate topographical quadrangle map with clearly
				  marked project boundaries and photographs of the buildings or structures
				  involved in the project work.
(A) State
				  agencies.
(i) State agencies, other than
				  institutions of higher education, shall furnish the commission with
				  documentation of each building possessed by the agency that is 45 years old or
				  older, pursuant to Texas Natural Resources Code, Chapter 31 (General Land
				  Office), §RSA 31.153.
				  After an agency's initial report, it must annually furnish documentation on
				  each building that was acquired after the date of the previous submission and
				  is 45 years old or older on the date of the current submission, or is possessed
				  by the agency and has become 45 years old since the date of the previous
				  submission.
(ii) State agencies
				  must send advance notification at least 30 days prior to any groundbreaking per
				  §RSA 191.0525, or at
				  least 60 days prior to altering, renovating, or demolishing a building that is
				  50 years old or older per §
													RSA 191.098
				  of the Texas Natural Resources Code.
(iii) Once the commission receives a complete
				  notification, a response will be provided within 30 days of receipt of the
				  review request, or within 15 days of receipt for project locations regarding
				  oil, gas, or other mineral exploration, production, processing, marketing,
				  refining, or transportation facility or pipeline projects. The commission shall
				  review submitted documentation and notify the state agency if archeological
				  sites or historic buildings involved in the work are landmarks or are eligible
				  for landmark designation, and/or of the possible need for a survey to locate
				  cultural resources situated in the proposed development tract. The commission
				  may also issue advisory comments if a building is historically significant but
				  not eligible for landmark designation. If the commission does not respond
				  within the specified timeframe, the state agency may proceed without further
				  notice to the commission. Expedited reviews may be accommodated on a
				  case-by-case basis if warranted.