| (a) For the purpose of administering and complying
with the National Historic Preservation Act of 1966, as amended (National
Historic Preservation Act of 1966, Pub. L. No. 89-665, 80 Stat. 915
(current version at 54 U.S.C. § 300101 (Supp. II 2014)); the
Tax Reform Act of 1976; (Tax Reform Act of 1976, Pub. L. No. 94-455,
90 Stat. 1520 (current version at 26 U.S.C. § 1 (Supp. II 2014));
the Revenue Act of 1978 (Revenue Act of 1978, Pub. L. No. 95-600,
92 Stat. 2763 (current version at 26 U.S.C. § 1 (Supp. II 2014));
the Economic Recovery Tax Act of 1981 (Economic Recovery Tax Act of
1981, Pub. L. No. 97-34, 95 Stat. 172 (current version at 26 U.S.C. §
1 (Supp. II 2014)); the Tax Equity and Fiscal Responsibility Act of
1982 (Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No.
97-248, 96 Stat. 324 (current version at 26 U.S.C. § 1 (Supp.
II 2014)); the Deficit Reduction Act of 1984 (Deficit Reduction Act
of 1984, Pub. L. No. 98-369, 98 Stat. 494 (current version at 26 U.S.C. §
1 (Supp. II 2014)); the Tax Reform Act of 1986 (Tax Reform Act of
1986, Pub. L. No. 99-514, 100 Stat. 2085 (current version at 26 U.S.C. §
1 (Supp. II 2014)); the Archeological Historical Preservation Act
of 1974 (Archeological Historical Preservation Act of 1974, Pub. L.
No. 93-291, 88 Stat. 174 (current version at 54 U.S.C. §§
312501-312508 (Supp. II 2014)); the Archaeological Resources Protection
Act of 1979 (Archeological Resources Protect Act of 1979, Pub. L.
No. 96-95, 93 Stat. 721 (current version at 16 U.S.C.A §§
470aa-470mm (West 2017); Executive Order 11593; Executive Order 12072;
federal programs, as well as other pertinent federal legislation and
directives, the Texas Historical Commission adopts as its own the
relevant federal rules and regulations, standards, guidelines: 36
Code of Federal Regulations 60: National Register of Historic Places;
36 Code of Federal Regulations 800: Protection of historic properties;
36 Code of Federal Regulations 61: Procedures for State, Tribal, and
Local Government Historic Preservation Programs; 36 Code of Federal
Regulations 63: Determinations of eligibility for inclusion in the
National Register of Historic Places; 36 Code of Federal Regulations
Part 67: Historic Preservation Certifications under the Internal Revenue
Code; 36 Code of Federal Regulations 68: Secretary of the Interior's
Standards for the Treatment of Historic Properties; "Archeology and
Historic Preservation: Secretary of the Interior's Standards and Guidelines"
(48 Federal Register 44716, September 29, 1983); "Recommended Approach
for Consultation on Recovery of Significant Information from Archeological
Sites" (Advisory Council on Historic Preservation, 1999); 36 Code
of Federal Regulations Part 79: Curation of Federally Owned and Administered
Archeological Collections; "The Secretary of the Interior's Standards
and Guidelines for Federal Agency Historic Preservation Program Pursuant
to the National Historic Preservation Act" (64 Federal Register 20496,
April 24, 1998); and "Guidance on Section 106 Agreement Documents"
(Advisory Council on Historic Preservation, updated 2015).
(b) Standards and guidelines formulated and adopted
by the Council of Texas Archeologists are adopted by reference for
use by the state historic preservation officer insofar as those guidelines
do not conflict with federal regulations which apply to the same subjects.
The Council of Texas Archeologists guidelines address the following
topics:
(1) professional performance standards for fieldwork
and analysis;
(2) cultural resource management reports;
(3) curation standards and procedures;
(4) historic cemeteries and unmarked historic graves;
and
(5) survey standards and information regarding the
availability of the Council of Texas Archeologists guidelines may
be obtained from the Council of Texas Archeologists website: counciloftexasarcheologists.org.
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| Source Note: The provisions of this §15.2 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective June 6, 1988, 13 TexReg 2551; amended to be effective March 5, 1992, 17 TexReg 1459; amended to be effective September 8, 2013, 38 TexReg 5710; amended to be effective January 2, 2018, 42 TexReg 7681 |
