| (C) posting notices with local churches.
(4) An exhumation project is itself not a type of investigation
that requires an outreach effort or curation of materials at a state-certified
facility.
(n) Archeological Sites and Cemeteries found after
Award of Contract.
(1) When potential historic properties are identified
during implementation of a TxDOT project or unanticipated effects
on historic properties are determined, work in the immediate area
of the discovery shall cease, and TxDOT shall be notified of the discovery;
if appropriate, security measures will be initiated to protect the
discovery.
(2) TxDOT will notify the THC within 48 hours of the
discovery.
(3) For unanticipated discoveries of archeological
materials that do not contain human burials, TxDOT will undertake
each of the following additional actions:
(A) TxDOT will verify that the discovery does not contain
human burials. As necessary, TxDOT will obtain and perform this investigation
under an emergency permit or other appropriate Antiquities Permit
category.
(B) Upon confirmation that the discovery does not contain
human burials, TxDOT may allow construction at the site to proceed.
(C) TxDOT shall complete or update a State of Texas
Archeological Site Data Form based on the available information.
(D) TxDOT will find that the property comprises an
archeological historic property.
(E) TxDOT will develop a mitigation proposal to resolve
the adverse effects of the undertaking on the archeological historic
property. This proposal shall not necessarily involve any further
excavations at the historic property.
(F) The level of effort described in the proposal shall
be commensurate with the nature of the resource, based on the available
information.
(G) TxDOT will develop the proposal in coordination
with THC and obtain the appropriate Antiquities Permit for this work.
(4) For unanticipated discoveries involving human burials,
TxDOT shall follow the applicable requirements of the Health and Safety
Code, Title 1, Section 711.
(A) Work may resume in areas outside the boundaries
of the cemetery.
(B) Work may resume in a cemetery area if that cemetery
has been removed in compliance with the applicable requirements of
the Health and Safety Code, Title 1, Section 711.
(o) Standard Treatments for Particular Resource Types.
Isolated wells or cisterns unassociated with other remains will be
treated as follows:
(1) Isolated wells or cisterns that post-date 1900
A.D. do not warrant notification of THC or additional investigation.
Removal or sealing of these features does not constitute an adverse
effect.
(2) Isolated wells or cisterns that pre-date 1900 A.D.
require research and documentation of their location, construction,
condition, and original context. Upon completion of the research and
documentation, these features may be backfilled and capped. These
activities do not constitute an adverse effect.
(p) Artifact Recovery and Curation.
(1) Artifact recovery.
(A) Artifacts or analysis samples (such as soil samples)
that are recovered from survey, testing, or data recovery investigations
by TxDOT or their contracted agents that address the research questions
must be cleaned, labeled, and processed in preparation for long-term
curation unless the artifacts or samples are approved by THC for discard
under this chapter and Chapter 29 of this title (relating to Management
and Care of Artifacts and Collections).
(B) To ensure proper care and curation, recovery methods
must conform to the applicable requirements of this chapter and Chapter
29 of this title.
(C) Artifacts recovered from underwater testing and
data recovery projects require conservation as stated in §26.15
of this title and the conservation facility must be included in the
permit application and data recovery plan.
(2) Artifact curation.
(A) TxDOT or its permitted contractor may temporarily
house artifacts and samples during laboratory analysis and research,
but upon completion of the analysis, artifacts and accompanying documentation
must be transferred to a permanent curatorial facility in accordance
with the terms of the antiquities permit.
(B) Artifacts and samples will be placed at an appropriate
artifact curatorial repository which fulfills the applicable requirements
of Chapter 29 of this title, as approved by THC. When appropriate,
TxDOT will consult with THC to identify for disposal collections or
portions of collections that do not have identifiable value for future
research or public interpretation. Final approval regarding the disposition
of collections will be made by THC.
(C) TxDOT is responsible for the curatorial preparation
of all artifacts to be submitted for curation so that they are acceptable
to the receiving curatorial repository and fulfill the applicable
requirements of this chapter and Chapter 29 of this title, as approved
by THC.
(q) Documentation for Archeological Sites and Cemeteries.
(1) Projects subject to review for archeological sites
and cemeteries under this MOU will be documented by TxDOT in the manner
described in this section. Documentation in the project file for each
such project will include, at a minimum:
(A) a description of the project, defining the APE
or the investigated portion of the APE in three dimensions;
(B) a project location map, plotting the project location
on 7.5' Series USGS quadrangle maps;
(C) information regarding the setting that is relevant
for the assessment of the integrity of any archeological sites within
the APE;
(D) information on previously-recorded archeological
sites in the project location;
(E) description and justification of the level of effort
undertaken for the investigation; and
(F) results and recommendations.
(2) All TxDOT survey and testing reports will also
include:
(A) description and justification of field methods,
including the sampling strategy;
(B) description and quantification of any archeological
materials identified;
(C) accurate plotting of any sites found on 7.5' Series
USGS quadrangle maps;
(D) submission of electronic TexSite archeological
site survey forms to the Texas Archeological Research Laboratory;
and
(E) recommendations regarding whether any site merits
further investigation.
(r) Quarterly Reports for Archeological Sites and Cemeteries.
Reports will be submitted by TxDOT to THC at least once per quarter,
within 60 business days after the end of the calendar quarter. The
report will list all projects for which TxDOT has documented that
no historic properties and cemeteries are present in the project's
area of potential effect, and those projects that will have no adverse
effects on archeological historic properties and cemeteries.
(s) Public Outreach Regarding Archeological Sites and
Cemeteries
(1) TxDOT will conduct programmatic outreach in order
to:
(A) broaden understanding of Texas archeology and history
and TxDOT's role in studying these topics;
(B) capitalize on partnerships to reach more stakeholders
and maximize outreach success;
(C) create opportunities to do outreach using content
from many different projects; and
(D) use outreach to establish and maintain a link between
TxDOT's public involvement and consultation efforts.
(2) The outreach program will take the following forms:
(A) TxDOT will develop and implement a communications
plan;
(B) TxDOT will increase stakeholder outreach by conducting
studies of existing and potential audiences, sharing information and
opportunities with partners, partnering with other agencies on educational
and outreach activities, and participating in conferences and events
to raise awareness of TxDOT's work;
(C) TxDOT will create special projects or campaigns
to support the goals of the program;
(D) TxDOT will streamline public involvement by working
with other internal offices to identify and engage with parties who
may wish to engage in consultation on FHWA undertakings under Section
106 of the National Historic Preservation Act; and
(E) TxDOT will monitor the effectiveness of its efforts
and make appropriate adjustments to achieve the outreach goals.
(t) Projects Excluded from Review for Non-Archeological
Historic Properties.
(1) For the purposes of this subsection, the term historic
properties will refer only to non-archeological historic properties.
(2) Based on previous coordination outcomes, TxDOT
and THC agree that the following types of routine roadway projects
pose limited potential to affect historic properties:
(A) maintenance, repair, installation, or replacement,
of transportation-related features, including fencing, signage, traffic
signals, railroad warning devices, safety end treatments, cameras
and intelligent highway system equipment, non-historic bridges, railroad
crossings, lighting, curbs and gutters, safety barriers, ditches,
storm drains, non-historic culverts, overpasses, channels, rip rap,
and noise barriers;
(B) maintenance and in-kind repair of designated historic
bridges, picnic areas, rest areas, roadside parks, and culverts;
(C) maintenance, repair, or replacement of roadway
surfacing, including crack seal, overlay, milling, grooving, resurfacing,
and restriping;
(D) maintenance, repair, reconfiguration, or correction
of roadway geometrics, including intersection improvements and driveway
and street connections;
(E) maintenance, repair, installation or modification
of pedestrian and cycling-related features, including American with
Disabilities Act ramps, trails, sidewalks, and bicycle and pedestrian
lanes unless on historic properties protected as SAL, county courthouse,
or by preservation easement or covenant.;
(F) maintenance, repair, relocation, addition, or minor
widening of roadway, highway, or freeway features, including turn
bays, center turn lanes, shoulders, U-turn bays, right turn lanes,
travel lanes, interchanges, medians, and ramps;
(G) maintenance, repair, replacement, or relocation
of features at crossings of irrigation canals, including bridges,
new vehicle crossings, bank reshaping, pipeline and standpipe components,
canal conversion to below-grade siphons, and utilities;
(H) repairs needed as a result of an event, natural
or man-made, which causes damage to a designated state highway, resulting
in an imminent threat to life or property of the traveling public,
or which substantially disrupts or may disrupt the orderly flow of
traffic and commerce;
(I) design changes for projects that have completed
all applicable review and consultation where the new project elements
comprise only one or more of the activities listed in paragraph (2)
of this subsection; and
(J) other kinds of undertakings jointly agreed to in
writing by THC and TxDOT as not requiring review.
(3) For projects described in paragraph (2)(A) - (J)
of this subsection, TxDOT qualified professional staff shall determine
whether additional evaluation is required due to direct effects to
historic properties. If no such evaluation is deemed necessary, such
projects are determined to pose no effect on historic properties and
do not require review by THC under this chapter or under this MOU.
(4) For review-exempt projects, documentation shall
be limited to that maintained in TxDOT's project files. THC may audit
TxDOT files for specific projects upon request.
(u) Procedures for Project Coordination when the Project
Requires Review for Non-Archeological Historic Properties.
(1) Historic properties. For the purposes of this subsection,
the term historic properties will refer only to non-archeological
historic properties.
(2) Internal Review Projects. For projects subject
to review for historic properties under this MOU, TxDOT qualified
professional staff shall determine the presence or absence of historic
properties in the area of potential effects. Such efforts should focus
on the types of historic properties within public rights-of-way and
other sensitive areas, including but not limited to historic bridges,
historic road corridors, historic roadside parks and rest areas, historic
Depression Era masonry culverts, historic districts, historic courthouse
squares and other historic commercial zones. Project activities that
TxDOT determines will have no effect or no adverse effect on historic
properties may be internally reviewed by TxDOT and are approved for
construction.
(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:
Cont'd... |
