Texas Administrative Code
Title 43 - TRANSPORTATION
Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION
Chapter 2 - ENVIRONMENTAL REVIEW OF TRANSPORTATION PROJECTS
Subchapter H - MEMORANDUM OF UNDERSTANDING WITH THE TEXAS HISTORICAL COMMISSION
Section 2.259 - Permits for Archeological Sites and Cemeteries
Current through Reg. 50, No. 13; March 28, 2025
(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 terms:
(b) In lieu of a permit application, TxDOT archeological staff shall notify THC in writing (by email or letter) of:
(c) TxDOT staff may initiate work following notification of THC.
(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 following conditions.
(h) THC shall consider the work conducted under the permit completed upon receipt of:
(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 and Cemeteries).