|(a) THC shall issue antiquities permits for reconnaissance
survey, intensive survey, monitoring, eligibility testing, exhumations,
and emergencies to archeological staff at TxDOT under the following
(1) The archeological staff of TxDOT's Environmental
Affairs Division, or its successor as established by TxDOT administration,
oversees the work.
(2) The work shall be completed in accordance with
the provisions of the MOU.
(3) THC shall not require TxDOT to submit an antiquities
(b) In lieu of a permit application, TxDOT archeological
staff shall notify THC in writing (by email or letter) of:
(1) the principal investigator;
(2) the investigation type and scope of work;
(3) the county in which the project will occur;
(4) the project name or identifier (site trinomial,
if applicable); and
(5) the period of time for which the permit is desired.
(c) TxDOT staff may initiate work following notification
(d) THC shall issue a permit number within five business
days of receiving the notification.
(e) TxDOT may revise the type of investigation based
on observations made during the conduct of work as long as TxDOT provides
to THC notification of the change prior to submission of the report.
(f) TxDOT may determine the appropriate amount of time
a principal investigator will be in the field for a project based
on the complexity of that project. TxDOT principal investigators will
document their estimated proportion of field time on the corresponding
reports of investigation.
(g) When conditions of natural disasters, man-made
disasters, or post-review discovery necessitate immediate action,
TxDOT may initiate work under an emergency permit without having first
requested and received the permit number subject to the each of the
(1) TxDOT staff shall only conduct work under an emergency
permit when archeological deposits are discovered during development
or other construction projects or under conditions of natural or man-made
disasters that necessitate immediate action to deal with the situation
(2) TxDOT will provide notification to THC to obtain
the permit number within five working days of initiating the work.
(3) All categories of investigations can be authorized
under an emergency permit, but an emergency permit will only be issued
under emergency conditions where the investigations must be initiated
or performed prior to notification under subsection (b) of this section.
(h) THC shall consider the work conducted under the
permit completed upon receipt of:
(1) one unbound report;
(2) two tagged pdf format reports on an archival quality
CD or DVD, one containing all maps and locational information and
one with maps and locational information redacted;
(3) a shape file of the project area subject to investigation;
(4) a completed abstract form.
(i) The number of defaulted permits accrued by particular
TxDOT staff while working for TxDOT shall not affect the issuance
of additional permits to other TxDOT staff by THC for TxDOT projects.
(j) The inspection of a project APE or proposed APE
for purposes of evaluating the kind of archeological investigation
that may be required (scoping) shall not constitute an activity that
requires a permit from THC when that activity does not result in a
report to be coordinated under the terms of the MOU.
(k) All types of archeological investigations conducted
by TxDOT but not covered by this section shall require submission
of an antiquities permit application and adhere to the terms of the
permit and 13 TAC Chapter 26 (relating to Practice and Procedure)
with the exception that any permit issued to TxDOT under this paragraph,
including data recovery permits, shall not include a requirement for
project-specific outreach to be completed as part of the scope of
work. TxDOT shall conduct public outreach at a program level regarding
its activities under this MOU as specified in §2.269 of this
subchapter (regarding Public Outreach Regarding Archeological Sites