|(a) 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
(b) TxDOT will notify the THC within 48 hours of the
(c) For unanticipated discoveries of archeological
materials that do not contain human burials, TxDOT will undertake
each of the following additional actions.
(1) 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
(2) Upon confirmation that the discovery does not contain
human burials, TxDOT may allow construction at the site to proceed.
(3) TxDOT shall complete or update a State of Texas
Archeological Site Data Form based on the available information.
(4) TxDOT will find that the property comprises an
archeological historic property.
(5) 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.
(6) The level of effort described in the proposal shall
be commensurate with the nature of the resource, based on the available
(7) TxDOT will develop the proposal in coordination
with THC and obtain the appropriate Antiquities Permit for this work.
(d) For unanticipated discoveries involving human burials,
TxDOT shall follow the applicable requirements of the Health and Safety
Code, Title 1, Section 711.
(1) Work may resume in areas outside the boundaries
of the cemetery.
(2) 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.