Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 15 - ADMINISTRATION OF FEDERAL PROGRAMS › Section 15.2 - Standards for Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				purpose of administering and complying with the National Historic Preservation
				Act of 1966, as amended (National Historic Preservation Act of 1966, Pub. L.
				No. 89-665, 80 Stat. 915 (current version at
				54 U.S.C.
				§
										300101 (Supp. II 2014))); the Tax
				Reform Act of 1976 (Tax Reform Act of 1976, Pub. L. No. 94-455, 90 Stat.
				1520-(current version at
				26
				U.S.C. §
										1 (Supp. II 2014)); the Revenue
				Act of 1978 (Revenue Act of 1978, Pub. L. No. 95-600, 92 Stat. 2763 (current
				version at
				26
				U.S.C. §
										1 (Supp. II 2014))); the
				Economic Recovery Tax Act of 1981 (Economic Recovery Tax Act of 1981, Pub. L.
				No. 97-34, 95 Stat. 172 (current version at
				26
				U.S.C. §
										1 (Supp. II 2014))); the Tax
				Equity and Fiscal Responsibility Act of 1982 (Tax Equity and Fiscal
				Responsibility Act of 1982, Pub. L. No. 97-248, 96 Stat. 324 (current version
				at 26 U.S.C. §
										1
				(Supp. II 2014))); the Deficit Reduction Act of 1984 (Deficit Reduction Act of
				1984, Pub. L. No. 98-369, 98 Stat. 494 (current version at
				26
				U.S.C. §
										1 (Supp. II 2014)); the Tax
				Reform Act of 1986 (Tax Reform Act of 1986, Pub. L. No. 99-514, 100 Stat. 2085
				(current version at
				26
				U.S.C. §
										1 (Supp. II 2014)); the
				Archeological Historical Preservation Act of 1974 (Archeological Historical
				Preservation Act of 1974, Pub. L. No. 93-291, 88 Stat. 174 (current version at
				54
				U.S.C. §§
										312501-
				RSA 312508
				(Supp. II 2014)); the Archaeological Resources Protection Act of 1979
				(Archeological Resources Protect Act of 1979, Pub. L. No. 96-95, 93 Stat. 721
				(current version at 16 U.S.C.A §§470aa - 470mm (West 2017)));
				Executive Order 11593; Executive Order 12072; federal programs, as well as
				other pertinent federal legislation and directives, the Texas Historical
				Commission adopts as its own the relevant federal rules and regulations,
				standards, guidelines: 36 Code of Federal Regulations 60: National Register of
				Historic Places; 36 Code of Federal Regulations 800: Protection of historic
				properties; 36 Code of Federal Regulations 61: Procedures for State, Tribal,
				and Local Government Historic Preservation Programs; 36 Code of Federal
				Regulations 63: Determinations of eligibility for inclusion in the National
				Register of Historic Places; 36 Code of Federal Regulations Part 67: Historic
				Preservation Certifications under the Internal Revenue Code; 36 Code of Federal
				Regulations 68: Secretary of the Interior's Standards for the Treatment of
				Historic Properties; "Archeology and Historic Preservation: Secretary of the
				Interior's Standards and Guidelines" (48 Federal Register 44716, September 29,
				1983): "Recommended Approach for Consultation on Recovery of Significant
				Information from Archeological Sites" (Advisory Council on Historic
				Preservation, 1999); 36 Code of Federal Regulations Part 79: Curation of
				Federally Owned and Administered Archeological Collections; "The Secretary of
				the Interior's Standards and Guidelines for Federal Agency Historic
				Preservation Program Pursuant to the National Historic Preservation Act " (64
				Federal Register 20496, April 24, 1998 ); and "Guidance on Section 106
				Agreement Documents" (Advisory Council on Historic Preservation, updated 2015
				).
(b) Standards and guidelines
				formulated and adopted by the Council of Texas Archeologists are adopted by
				reference for use by the state historic preservation officer insofar as those
				guidelines do not conflict with federal regulations which apply to the same
				subjects. The Council of Texas Archeologists guidelines address the following
				topics:
(1) professional performance standards
				for fieldwork and analysis;
(2)
				cultural resource management reports;
(3) curation standards and
				procedures;
(4) historic cemeteries
				and unmarked historic graves; and
(5) survey standards and information
				regarding the availability of the Council of Texas Archeologists guidelines may
				be obtained from the Council of Texas Archeologists website:
				counciloftexasarcheologists.org.