13 Tex. Admin. Code § 15.2 - Standards for Administration

(a) For the purpose of administering and complying with the National Historic Preservation Act of 1966, as amended (National Historic Preservation Act of 1966, Pub. L. No. 89-665, 80 Stat. 915 (current version at 54 U.S.C. § 300101 (Supp. II 2014))); the Tax Reform Act of 1976 (Tax Reform Act of 1976, Pub. L. No. 94-455, 90 Stat. 1520-(current version at 26 U.S.C. § 1 (Supp. II 2014)); the Revenue Act of 1978 (Revenue Act of 1978, Pub. L. No. 95-600, 92 Stat. 2763 (current version at 26 U.S.C. § 1 (Supp. II 2014))); the Economic Recovery Tax Act of 1981 (Economic Recovery Tax Act of 1981, Pub. L. No. 97-34, 95 Stat. 172 (current version at 26 U.S.C. § 1 (Supp. II 2014))); the Tax Equity and Fiscal Responsibility Act of 1982 (Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No. 97-248, 96 Stat. 324 (current version at 26 U.S.C. § 1 (Supp. II 2014))); the Deficit Reduction Act of 1984 (Deficit Reduction Act of 1984, Pub. L. No. 98-369, 98 Stat. 494 (current version at 26 U.S.C. § 1 (Supp. II 2014)); the Tax Reform Act of 1986 (Tax Reform Act of 1986, Pub. L. No. 99-514, 100 Stat. 2085 (current version at 26 U.S.C. § 1 (Supp. II 2014)); the Archeological Historical Preservation Act of 1974 (Archeological Historical Preservation Act of 1974, Pub. L. No. 93-291, 88 Stat. 174 (current version at 54 U.S.C. §§ 312501- 54 U.S.C. 312508 (Supp. II 2014)); the Archaeological Resources Protection Act of 1979 (Archeological Resources Protect Act of 1979, Pub. L. No. 96-95, 93 Stat. 721 (current version at 16 U.S.C.A §§470aa - 470mm (West 2017))); Executive Order 11593; Executive Order 12072; federal programs, as well as other pertinent federal legislation and directives, the Texas Historical Commission adopts as its own the relevant federal rules and regulations, standards, guidelines: 36 Code of Federal Regulations 60: National Register of Historic Places; 36 Code of Federal Regulations 800: Protection of historic properties; 36 Code of Federal Regulations 61: Procedures for State, Tribal, and Local Government Historic Preservation Programs; 36 Code of Federal Regulations 63: Determinations of eligibility for inclusion in the National Register of Historic Places; 36 Code of Federal Regulations Part 67: Historic Preservation Certifications under the Internal Revenue Code; 36 Code of Federal Regulations 68: Secretary of the Interior's Standards for the Treatment of Historic Properties; "Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines" (48 Federal Register 44716, September 29, 1983): "Recommended Approach for Consultation on Recovery of Significant Information from Archeological Sites" (Advisory Council on Historic Preservation, 1999); 36 Code of Federal Regulations Part 79: Curation of Federally Owned and Administered Archeological Collections; "The Secretary of the Interior's Standards and Guidelines for Federal Agency Historic Preservation Program Pursuant to the National Historic Preservation Act " (64 Federal Register 20496, April 24, 1998); and "Guidance on Section 106 Agreement Documents" (Advisory Council on Historic Preservation, updated 2015 ).

(b) Standards and guidelines formulated and adopted by the Council of Texas Archeologists are adopted by reference for use by the state historic preservation officer insofar as those guidelines do not conflict with federal regulations which apply to the same subjects. The Council of Texas Archeologists guidelines address the following topics:

(1) professional performance standards for fieldwork and analysis;

(2) cultural resource management reports;

(3) curation standards and procedures;

(4) historic cemeteries and unmarked historic graves; and

(5) survey standards and information regarding the availability of the Council of Texas Archeologists guidelines may be obtained from the Council of Texas Archeologists website: counciloftexasarcheologists.org.

Notes

13 Tex. Admin. Code § 15.2

The provisions of this §15.2 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective June 6, 1988, 13 TexReg 2551; amended to be effective March 5, 1992, 17 TexReg 1459; amended to be effective September 8, 2013, 38 TexReg 5710; Amended by Texas Register, Volume 42, Number 52, December 29, 2017, TexReg 7681, eff. 1/2/2018