Archeological Resources
General
An archeological resource is a site characterized by the remains of past human occupation. Although it may be associated with a building, structure, object or district, an archeological resource is treated differently than historic resources. For the purposes of this discussion, “archeological resource” does not include historic resources, which are covered in another section. Protected archeological resources are called “historic properties.” An archeological historic property is an archeological resource listed in or eligible for inclusion in the National Register of Historic Places (NRHP) or eligible for designation as a state archeological landmark. Except under unusual circumstances, the archeological resource must be at least 50 years old at the time construction begins. A cemetery with graves more than 50 years old must be treated as an archeological resource. State and federal laws regulate the impacts of transportation projects on archeological resources, so the LG must coordinate with the TxDOT district during the scoping of project which may impact these sites.
Federal Requirements
- (Section 106) – Requires federal agencies to consider the effects of their projects on archeological sites listed in or eligible for inclusion in the NRHP. (PA-TU) identifies TxDOT as responsible for all consultation in compliance with Section 106 on FHWA projects and prescribes standard procedures for compliance.
- (Section 110) – Section 110 prohibits demolition of an archeological historic property prior to conclusion of Section 106 consultation (“anticipatory demolition”). Anticipatory demolition may result in loss of FHWA funding or approval. Destruction of a site that has not been evaluated also may result in loss of funding or approval.
- – Prescribes procedures for complying with Section 106 for FHWA projects removed from the PA-TU and for undertakings where an agency other than FHWA has jurisdiction.
- – Governs planning for Native American graves for projects on federal or tribal land, and disposition of human remains and funerary objects controlled by an entity receiving federal funds.
Guidance for these subjects and others can be found at the
.
State Requirements
- – Requires the Texas Historical Commission (THC) to be notified of proposed construction projects and prohibits unpermitted destruction of archeological sites eligible for designation as state antiquities landmarks.
- – Rules implementing the Antiquities Code for projects on land.
- – Rules implementing the Antiquities Code for projects crossing water bodies. Typically restricted to projects under U.S. Coast Guard or U.S. Army Corps of Engineers permits.
- (also adopted as ) – Identifies whether TxDOT or the LG coordinates with THC for Antiquities Code compliance and prescribes standard procedures for complying with the Antiquities Code on projects for which TxDOT is responsible.
- – Specifies legal processes for removal of human graves and for converting cemetery land to a non-cemetery purpose. Cemeteries with graves more than 50 years old are additionally subject to the Antiquities Code and Section 106.
Required Practices
In general, archeological compliance responsibilities of the LG and TxDOT vary depending on project sponsorship, issues of funding, land ownership and the involvement of one or more federal agencies. The
provides a detailed discussion of these responsibilities.