| (A) In cases where no archeological sites or cemeteries
occur or are likely to occur in some or all of the APE, TxDOT will
propose a finding of no effect in those portions of the APE and recommend
that the project proceed to construction in those portions.
(B) In cases where an archeological site occurs within
the APE but the portion of the site within the APE does not have characteristics
that qualify it as an archeological historic property or is not likely
to have such characteristics, TxDOT will propose a determination that
the portion of the site in the APE is not an archeological historic
property, find that the project will have no effect on archeological
historic properties at the site location, and recommend that the project
proceed to construction at the location of the site.
(C) In cases where the portion of a site within the
APE has characteristics that qualify it as an archeological historic
property, TxDOT will propose a determination that an archeological
historic property occurs within the APE.
(D) In cases where the APE contains an archeological
historic property or cemetery, TxDOT will either propose a finding
that the project will have no adverse effect on the site or propose
a finding that the project will have an adverse effect on the site.
(E) If a project will have an adverse effect on an
archeological historic property or cemetery within the APE, TxDOT
will also recommend to THC an appropriate means by which to resolve
the adverse effect.
(i) The resolution of adverse effects may take one
of the following forms:
(I) the avoidance of the site during construction;
(II) an alternative mitigation strategy, such as the
preservation of a comparable site or the re-analysis of an existing
collection;
(III) data recovery excavation or exhumation; or
(IV) another form of resolution approved by THC.
(ii) In cases where data recovery is the selected means
for resolving adverse effects, TxDOT will coordinate with THC at several
stages during the data recovery process according to the following
procedures, unless TxDOT and THC agree in writing to different procedures:
(I) TxDOT will submit an initial data recovery plan
as part of a permit application for data recovery to THC for review.
(II) TxDOT will submit a brief report, documenting
whether the fieldwork met the terms of the initial data recovery plan
and justifying any deviation, to THC for review. When appropriate,
TxDOT will recommend that the project be approved to proceed to construction
and destruction of any remaining portion of the site within the APE.
(III) TxDOT will submit a revised data recovery plan,
based on a preliminary review of field data and recovered materials,
to THC for review. When appropriate, TxDOT will recommend that the
revised plan be adopted for the completion of data recovery analysis
and reporting.
(IV) TxDOT will submit a draft data recovery report
to THC for review. When appropriate, TxDOT will recommend that the
report be accepted in partial satisfaction of the terms of the permit
and in satisfaction of TxDOT's obligations for resolving the adverse
effects of the project on the site.
(V) TxDOT will ensure that data recovery investigations
do not begin before the State of Texas' legal right to ownership of
the artifacts to be recovered has been secured.
(F) THC will respond within 20 calendar days of receipt
of the TxDOT request for review, in accordance with and pursuant to
the terms and conditions set out by an interagency contract executed
by THC and TxDOT. This final response will include:
(i) a statement of concurrence or nonconcurrence with
TxDOT's findings and recommendations;
(ii) a determination of site eligibility for all evaluated
sites; and
(iii) any other comments relevant to the archeological
sites or cemeteries which could be affected by the project.
(6) If THC does not respond within 20 calendar days,
TxDOT may assume that THC concurs with TxDOT's findings, determinations,
and recommendations and may proceed in accordance with the procedures
required in this MOU.
(h) Background Studies for Archeological Sites and
Cemeteries.
(1) For projects subject to review for archeological
sites and cemeteries under this MOU, based on the results of background
research, TxDOT will identify projects or portions of projects' APEs
that require archeological field investigation.
(2) Eligibility determinations that TxDOT performs
under this MOU will not require field investigations if sufficient
background information exists to demonstrate that the portion of the
site to be affected does not have potential research value.
(3) Determinations that TxDOT makes under this MOU
regarding the presence of cemeteries in project APEs may be made through
the use of maps, project-area photographs, or other background research.
(i) Permits for Archeological Sites and Cemeteries.
THC shall issue antiquities permits for reconnaissance survey, intensive
survey, monitoring, eligibility testing, exhumations, and emergencies
to archeological staff at TxDOT under the following terms:
(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
permit application.
(4) In lieu of a permit application, TxDOT archeological
staff shall notify THC in writing (by email or letter) of:
(A) the principal investigator;
(B) the investigation type and scope of work;
(C) the county in which the project will occur;
(D) the project name or identifier (site trinomial,
if applicable); and
(E) the period of time for which the permit is desired.
(5) TxDOT staff may initiate work following notification
of THC.
(6) THC shall issue a permit number within five business
days of receiving the notification.
(7) 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.
(8) TxDOT may determine the appropriate amount of time
a Principal Investigator will be in the field for a project based
on the complexity of the project. TxDOT Principal Investigators will
document their estimated proportion of field time in the corresponding
reports of investigations.
(9) 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 each of the following
conditions:
(A) 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
and findings.
(B) TxDOT will provide notification to THC to obtain
the permit number within five working days of initiating the work.
(C) 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 paragraph (4) of this subsection.
(10) THC shall consider the work conducted under the
permit completed upon receipt of:
(A) one unbound report;
(B) 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;
(C) a shape file of the project area subject to investigation;
and
(D) a completed abstract form.
(11) 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.
(12) 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.
Cont'd... |
