| (3) Coordinated Projects. If TxDOT qualified professional
staff determines that a project requires individual coordination with
THC for a courthouse review, easement review, or antiquities permit
or due to a potential adverse effect on historic properties, TxDOT
shall submit that project to THC:
(A) THC will respond within 20 calendar days of receipt
of TxDOT's request for review, in accordance with the terms set out
by an interagency contract adopted by THC and TxDOT, by indicating
whether an affected historic property will require a historic structures
permit for an SAL, whether THC intends to initiate an SAL nomination
for the affected property, or whether additional consultation pursuant
to a preservation easement or covenant will be required. If THC does
not respond within 20 calendar days, TxDOT may assume THC's concurrence
with its determinations, and TXDOT may proceed with the project to
construction; and
(B) in accordance with Texas Government Code §442.008
and §17.2 of this title (relating to Review of Work on County
Courthouses), TxDOT will notify THC of any work affecting a county
courthouse or its surrounding site, up to and including the curb.
THC will respond within 20 calendar days of receipt of TxDOT's notification
by indicating whether a historic structures permit for an SAL or additional
consultation pursuant to a preservation covenant or easement will
be required;
(4) Documentation. For projects that are internally
reviewed or individually coordinated under paragraphs (2) and (3)
of this subsection, TxDOT will comply with the following project documentation
requirements:
(A) For projects that are internally reviewed under
paragraph (2) of this subsection, TxDOT shall retain all documentation
in the project file and will provide documentation to the THC upon
request with memos and basic project information submitted through
the THC's electronic review and compliance (eTRAC) system or other
means as appropriate.
(B) For projects that are individually coordinated
under paragraph (3) of this subsection, documentation submitted to
THC will include:
(i) project description and scope;
(ii) project location map with delineation of the APE
and location of historic properties;
(iii) methodology used to identify historic properties;
(iv) photographic and descriptive information for each
identified property;
(v) justification for findings of historic properties,
including setting, integrity, and contextual information;
(vi) justification of effects on historic properties,
including evaluations, reports, and other information relevant to
the findings by TxDOT; and
(vii) a description of efforts to avoid or minimize
harm, mitigation, and commitments.
(v) Project File. TxDOT's Environmental Compliance
and Oversight System (ECOS) is the project file of record for each
project coordinated under this MOU.
(w) Denial of Access. In cases where access to private
land for conducting investigations is denied prior to the approval
of the environmental review document, TxDOT will make a commitment
to complete appropriate investigations once access is obtained, but
prior to any construction related impacts.
(x) MOU to Govern TxDOT Procedures. TxDOT satisfies
applicable THC requirements if it utilizes the procedures of this
MOU in lieu of other applicable THC procedures. In cases where TxDOT
is utilizing this MOU in lieu of other THC procedures, TxDOT must
follow the requirements of this MOU.
(y) Project-Specific Agreements. Any project-specific
agreements reached between TxDOT and THC regarding the evaluation
or treatment of project effects shall be honored by both parties and
shall supersede the requirements of this MOU. TxDOT and THC may deviate
from the terms of the agreement only when both parties concur that
the agreement requires revision.
(z) Continuous Improvement Agreement. TxDOT and THC
agree to collaborate on improvements to their programs and development
of innovative solutions for expedited review procedures. Such mechanisms
may include using project outcomes to refine approaches to resource
identification, evaluation, treatment methods, programmatic mitigation
measures and interagency agreements that facilitate early coordination,
and streamlining and expedited review of TxDOT's transportation projects.
(aa) THC Review of TxDOT Project Files. THC may review
TxDOT project files for specific undertakings carried out under this
MOU. THC may recommend process improvements based on issues identified
during the review.
(bb) Dispute Resolution. THC and TxDOT staff will be
responsible for attempting to resolve any conflict between THC and
TxDOT that results from the implementation of this section before
elevating to agency management.
(cc) Review of MOU. This MOU shall be reviewed and
updated as provided by law or by agreement between the parties. THC
and TxDOT agree to convene every four years to review, update, or
extend this agreement.
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