Historic Resources

General
A historic resource is a building, structure, object or district that, except under unusual circumstances, must be at least 50 years old at the time construction begins. Historic resources are treated differently than archeological resources. For the purposes of this discussion, “historic resource” does not include archeological resources, which are covered in another section. Protected historic resources are called “non-archeological historic properties.” A non-archeological historic property is listed or eligible for inclusion in the NRHP or eligible for designation as a state archeological landmark. State and federal laws regulate the impacts of transportation projects on historical resources, so the LG must coordinate with the TxDOT district during the scoping of project, which may impact these properties.
Federal Requirements
  1. Section 106, National Historic Preservation Act of 1966, 16 U.S.C. §470f
    (Section 106) – Requires federal agencies to consider the effects of their projects on historic resources listed or eligible for inclusion in the NRHP. PA-TU prescribes standard procedures for complying with Section 106 on FHWA projects.
  2. Section 110(k), National Historic Preservation Act of 1966, 16 U.S.C. §470h-2(k)
    (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.
  3. 36 CFR Part 800
    – 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.
Guidance for these subjects and others can be found at the
FHWA Environmental Review Toolkit
website.
State Requirements
  1. Texas Natural Resource Code, Chapter 191, Antiquities Code of Texas
    – Requires THC to be notified of proposed construction projects and prohibits unpermitted destruction of properties listed or eligible as a state antiquities landmark, listed on the NRHP or listed as a national historic landmark.
  2. 13 TAC 26, Practice and Procedure
    – Provides rules implementing the Antiquities Code.
  3. 43 TAC Chapter 2, Subchapter H, MOU with THC
    (also adopted as
    13 TAC §26.25
    ) – Prescribes standard procedures for complying with the Antiquities Code on TxDOT projects, including projects requiring TxDOT approval.
  4. Texas Health and Safety Code, Chapter 711
    – 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 subject to the Antiquities Code and Section 106.
Required Practices
Similar to “Archeological Resources” discussed above, the compliance responsibilities for historical resources vary depending on certain issues. The
LGPM Guide
provides guidance to the LG and TxDOT for their respective responsibilities for compliance related to historic resources.