RAPID/Geothermal/Texas/Cultural

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Regulatory and Permitting Information Desktop Toolkit

Texas Geothermal Cultural Resource Assessment(11-TX)

Developers must comply with Texas state law when human remains or other cultural resources are discovered on the project site. The discovery of cultural resources may require obtaining a permit and providing public notice and notice to Indian Tribes.

Developers must comply with specified procedures when human remains are found on the project site. Developers are required to notify law enforcement immediately if human remains are discovered. A justice of the peace will then conduct and inquest into the death of the person. CCP Art. 49.04. Following a full investigation into the death of the person, the justice of the peace will remove the remains from the project site if such action is necessary.

Developers are required to inform the Texas Historical Commission (THC) before breaking ground at a project location on state or local public land. NRC Sec. 191.0525(a). Some activities fall within a categorical exclusion, and do not require the developer to notify THC prior to breaking ground. For example, mineral exploration, production, processing, marketing, refining, or transportation facilities which cross state or local public roads fall under a categorical exclusion with limited exceptions. NRC Sec. 191.0525(e)(14). If notification to the THC is necessary, then the THC will conduct an initial project review to determine whether a historically significant archaeological site is likely to be present at the project location and whether an archaeological survey is necessary. NRC Sec. 191.0525(a). If the THC determines that an archaeological survey is necessary, then they will conduct the survey or the developer may hire a third party surveyor. The THC may determine that the site is a state archaeological landmark following the survey. If so, the developer may not pursue excavation of the site until a permit is obtained from the THC. NRC Sec. 191.131.

More Information

Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

Contact Information

Edit BLM
Division of Lands, Realty, and Cadastral Survey Directory
202-912-7088

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Edit Bureau of Indian Affairs
General Contact
303-969-5270

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List of Reference Sources

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