| (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, §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, §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, §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, §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, §§191.0525, 191.054, 191.093, and 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), §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 §191.0525, or
at least 60 days prior to altering, renovating, or demolishing a building
that is 50 years old or older per §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.
(B) Political subdivisions.
(i) Political subdivisions must send advance notification
at least 30 days prior to any project that may affect potential or
designated archeological sites if the project affects a cumulative
area larger than five acres or disturbs a cumulative area of more
than 5,000 cubic yards, whichever measure is triggered first, or if
the project is inside a recorded archeological site or designated
historic district.
(ii) 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 public agency
if archeological sites 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. If the commission does not respond within the specified timeframe,
the public agency may proceed without further notice to the commission.
Expedited reviews may be accommodated on a case-by-case basis if warranted.
(C) Categorical exclusions. Since many activities conducted
on non-federal public land have little, if any, chance to damage cultural
resources, the following activities do not require notification:
(i) water injection into existing oil and gas wells;
(ii) upgrading of electrical transmission lines when
there will be no new disturbance of the existing easement;
(iii) seismic exploration activity when there is no
ground penetration or disturbance;
(iv) building and repairing fences that do not require
construction or modification of associated roads, fire breaks, or
previously disturbed ground;
(v) road maintenance that does not involve widening
or lengthening the road;
(vi) installation or replacement of meter taps;
(vii) controlled burning of fields;
(viii) animal grazing;
(ix) plowing, if the techniques are similar to those
used previously;
(x) installation of monuments and sign posts unless
within the boundaries of designated historic districts;
(xi) maintenance of existing trails;
(xii) land sales and trades of land held by the permanent
school fund and permanent university fund;
(xiii) permanent school fund and permanent university
fund leases, easements, and permits, including mineral leases and
pooling agreements, in which the lessee, grantee, or permittee is
specifically required to comply with the provisions of this chapter;
(xiv) oil, gas, or other mineral exploration, production,
processing, marketing, refining, or transportation facility or pipeline
project in an area where the project will cross state or local public
roads, rivers, and streams, unless they contain a recorded archeological
site or a designated state land tract in Texas' submerged lands; and
(xv) maintenance, operation, replacement, or minor
modification of an existing oil, gas, or other mineral exploration,
production, processing, marketing, refining, or transportation facility
or pipeline.
(D) Emergency situations. Advance notification is not
required for immediate remediation of a fire, spill, or other emergency
associated with an existing facility located on state or local public
lands if the emergency requires an immediate response. Notification
of actions taken in response to an emergency must be submitted within
15 days of the action. If cultural resources were affected by the
emergency or remediation measures, or may be affected by any long-term
actions, the commission will respond in accordance with paragraph
(2) of this subsection.
(2) Project coordination. If a survey investigation
or review of project work is required, professional personnel meeting
the applicable requirements of §26.4 of this title (relating
to Professional Qualifications and Requirements) will perform the
investigations or work under an Antiquities Permit in accordance with §§26.13
- 26.18 and §§26.20 - 26.24 of this title.
(3) Construction discovery. Any person working on public
lands who discovers an archeological site that may qualify for designation
as a landmark according to the criteria listed in §§26.10
- 26.12 of this title shall cease work and report such discovery to
the state agency or political subdivision owning or controlling the
property and to the commission. Upon notification, the commission
staff will respond within two business days. The commission may initiate
designation proceedings if it determines the site to be a significant
cultural or historical property, and/or may issue a permit for mitigative
archeological investigation or any other investigation. The cost of
a proper investigation, excavation, or preservation of such a landmark
or potential landmark will be borne by the owner or developer of the
property rather than by the commission.
Cont'd... |
