RAPID/Roadmap/11-TX-c

< RAPID‎ | Roadmap
Jump to: navigation, search

RAPID

Regulatory and Permitting Information Desktop Toolkit

Texas Cultural Resource Discovery Process (11-TX-c)



Cultural Resource Discovery Process Process

11-TX-c.1 - Is the Project Located on State or Local Public Land?

Before breaking ground at a project location on state or local public land, the person primarily responsible for the project or the developer's agent must notify the Texas Historical Commission (THC). (NRC Sec. 191.0525(a)).

11-TX-c.2 - Does the Project Area Contain a Recorded Archaeological Site?

However, oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facilities or pipeline projects in an area where the project will cross state or local public roads, rivers, and streams, fall under a categorical exclusion unless they contain a recorded archaeological site or a designated state land tract in Texas' submerged lands. (NRC Sec. 191.0525(e)(14)).

11-TX-c.3 to 11-TX-c.4 - Does the Project Fall Under a Categorical Exclusion?

Unless the proposed activity falls under a categorical exclusion, the THC must be notified.

Activities that fall under a categorical exclusion are:

  1. Water injection into existing oil and gas wells;
  2. Upgrading of electrical transmission lines when there will be no new disturbance of the existing easement;
  3. Seismic exploration activity when there is no ground penetration or disturbance;
  4. Building and repairing fences that do not require construction or modification of associated roads, fire breaks, or previously disturbed ground;
  5. Road maintenance that does not involve widening or lengthening the road;
  6. Installation or replacement of meter taps;
  7. Controlled burning of fields;
  8. Animal grazing;
  9. Plowing, if the techniques are similar to those used previously;
  10. Installation of monuments and sign posts unless within the boundaries of designated historic districts;
  11. Maintenance of existing trails;
  12. Land sales and trades of land held by the permanent school fund and permanent university fund;
  13. Permanent school fund and permanent university fund leases, easements, and permits, including mineral leases and pooling agreements, in which the lessee, grantee, or permittee is specifically required to comply with the provisions of this chapter;
  14. Oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline project in an area where the project will cross state or local public roads, rivers, and streams, unless they contain a recorded archaeological site or a designated state land tract in Texas' submerged lands; and
  15. Maintenance, operation, replacement, or minor modification of an existing oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline.

11-TX-c.5 - Conduct Initial Project Review

The THC will promptly determine whether:

(1) a historically significant archaeological site is likely to be present at the project location;
(2) additional action, if any, is needed to protect the site; and
(3) an archaeological survey is necessary.

(NRC Sec. 191.0525(a)).


11-TX-c.6 - Has THC Responded within 15 Days?

The THC must make a determination not later than the 15th day after the date the THC receives notice for project locations regarding oil, gas, or other mineral exploration, production, processing, marketing, refining, or transportation facility or pipeline projects. If the THC fails to respond in the 15-day period, the developer may proceed with the project without further notice to the THC. (NRC Sec. 191.0525(c)).

11-TX-c.7 to 11-TX-c.8 - Has THC Determined that an Archaeological Survey is Necessary?

If the THC determines an archaeological survey is required then either the THC will have to conduct a survey or the developer will have to hire a third party surveyor.

11-TX-c.9 - Has Developer Discovered an Archaeological Site?

If, during the course of a project or class of projects that have complied with the notification requirements of this section, the developer encounters an archaeological site, the developer must abate activity on the project at the project location and must promptly notify the THC. (NRC Sec. 191.0525(g)).


11-TX-c.10 to 11-TX-c.11 - Stop Work in Area of Site

If an archaeological site is discovered than the developer is required to stop work in that part of the site and promptly notify the THC.

11-TX-c.12 - Conduct Initial Project Review

Within two business days of notification under this subsection, the THC must determine whether:

(A) a historically significant archaeological site is likely to be present in the project area;
(B) additional action, if any, is needed to protect the site; and
(C) an archaeological investigation is necessary.

(NRC Sec. 191.0525(g)(1)).


11-TX-c.13 - Has THC Responded within 2 Days?

If the THC fails to respond within two business days, the developer may proceed without further notice to the THC. (NRC Sec. 191.0525(g)(2)).

11-TX-c.14 - Has THC Determined that an Archaeological Survey is Necessary?

If the THC determines an archaeological survey is required then either the THC will have to conduct a survey or the developer will have to hire a third party surveyor.

11-TX-c.15 to 11-TX-c.16 - Does Developer want THC or a Third Party to Conduct the Survey?

The THC may survey, excavate, or restore antiquities for private parties under rules promulgated by the THC. All real and administrative costs incurred in the survey, excavation, or restoration shall be paid by the private party.

11-TX-c.17 - Negotiate Contract with THC or Application for Permit for Survey and Discover

The THC may contract with other state agencies or political subdivisions and with qualified private institutions, corporations, or individuals for the discovery and scientific investigation of sunken or abandoned ships or wrecks of the sea, or any part of the contents of them, or archaeological deposits or treasure embedded in the earth. (NRC Sec. 191.053).

The THC may issue a permit to other state agencies or political subdivisions or to qualified private institutions, companies, or individuals for the survey and discovery, excavation, demolition, or restoration of, or the conduct of scientific or educational studies at, in, or on landmarks, or for the discovery of eligible landmarks on public land if it is the opinion of the THC that the permit is in the best interest of the State of Texas. (NRC Sec. 191.053).

11-TX-c.18 and 11-TX-c.19 - Contract or Permit for Survey and Discovery

The contract or permit must:

(1) be on a form approved by the attorney general;
(2) specify the location, nature of the activity, and the time period covered by the contract; and
(3) provide for the termination of any right in the investigator or permittee under the contract on the violation of any of the terms of the contract or permit.

(NRC Sec. 191.053 and Sec. 191.054).

11-TX-c.20 - Conduct Survey

All scientific investigations or recovery operations conducted under the contract provisions in Section 191.053 of this code and all operations conducted under permits or contracts set out in Section 191.054 of this code must be carried out:

(1) under the general supervision of the THC;
(2) in accordance with reasonable rules adopted by the THC; and
(3) in such manner that the maximum amount of historic, scientific, archaeological, and educational information may be recovered and preserved in addition to the physical recovery of items.

(NRC Sec. 191.055)

11-TX-c.21 to 11-TX-c.22 - Has THC Designated the Site as State Archaeological Landmark?

Public Land

Sunken or abandoned pre-twentieth century ships and wrecks of the sea, and any part or the contents of them, and all treasure embedded in the earth, located in, on, or under the surface of land belonging to the State of Texas, including its tidelands, submerged land, and the beds of its rivers and the sea within jurisdiction of the State of Texas, are declared to be state archaeological landmarks and are eligible for designation. (NRC Sec. 191.091).

Sites, objects, buildings, artifacts, implements, and locations of historical, archaeological, scientific, or educational interest, including those pertaining to prehistoric and historical American Indians or aboriginal campsites, dwellings, and habitation sites, their artifacts and implements of culture, as well as archaeological sites of every character that are located in, on, or under the surface of any land belonging to the State of Texas or to any county, city, or political subdivision of the state are state archaeological landmarks and are eligible for designation. (NRC Sec. 191.092).

Landmarks under Section 191.091 or 191.092 are the sole property of the State of Texas and may not be removed, altered, damaged, destroyed, salvaged, or excavated without a contract with or permit from the THC. (NRC Sec. 191.093).


Private Land

  • Any site located on private land which is determined by majority vote of the THC to be of sufficient archaeological, scientific, or historical significance to scientific study, interest, or public representation of the aboriginal or historical past of Texas may be designated a state archaeological landmark by the THC .
  • No site may be designated on private land without the written consent of the landowner or landowners in recordable form sufficiently describing the site so that it may be located on the ground.
  • On designation, the consent of the landowner shall be recorded in the deed records of the county in which the land is located.

All sites or items of archaeological, scientific, or historical interest located on private land in the State of Texas in areas designated as landmarks, as provided in Section 191.094, and landmarks under Section 191.092, may not be taken, altered, damaged, destroyed, salvaged, or excavated without a permit from the THC or in violation of the terms of the permit.

11-TX-c.23 to 11-TX-c.25 - Does Developer want THC or a Third Party to Conduct the Excavation?

The THC may survey, excavate, or restore antiquities for private parties under rules promulgated by the THC. All real and administrative costs incurred in the survey, excavation, or restoration shall be paid by the private party.


11-TX-c.25 - Negotiate Contract with THC or Application for Permit to Excavate

(a) No person, firm, or corporation may conduct a salvage or recovery operation without first obtaining a contract.

(b) No person, firm, or corporation may conduct an operation on any landmark without first obtaining a permit and having the permit in his or its possession at the site of the operation, or conduct the operation in violation of the provisions of the permit.

(NRC Sec. 191.131).


11-TX-c.26 and 11-TX-c.27 - Contract or Permit for Excavation

THC will review the application materials and will issue the permit/enter into the contract if everything is in order.


11-TX-c.28 - Excavate Site

Once the developer has obtained the necessary permit, the excavation can begin.




Contact Information

| Add a Contact



References

| Add a Reference


Print PDF