Regulatory Archeology in Texas

Federal undertakings (projects involving federal funding, permits, or federal or tribal land) must be reviewed under Section 106 of the National Historic Preservation Act (NHPA), which requires federal agencies to consider the indirect and direct effects of their undertakings on historic properties (archeological and above-ground historic resources listed on or eligible for listing on the National Register of Historic Places). The Executive Director of the THC serves as the State Historic Preservation Officer (SHPO), which is a mandatory consulting party in the Section 106 review process.

In addition, the THC administers the Antiquities Code of Texas (ACT), which established the designation of State Antiquities Landmarks (SALs) that may be applied to archeological sites and historic buildings*. The law also requires state agencies and political subdivisions of the state—including cities, counties, river authorities, some utility districts, and school districts—to provide the THC with advance notice prior to ground-disturbing activity on public land (including easements and rights-of-way) and designated SALs and in state waterways; allows the THC a 30-day period in which to review the project, and if deemed necessary, request an archeological survey be conducted prior to the construction; and requires a Texas Antiquities Permit be obtained prior to conducting archeological studies on SALs or on public land or waters owned or controlled by a state agency or political subdivision of the state. The Texas Administrative Code (TAC) outlines the duties of the THC and the Rules of Practice and Procedures for Cultural Resources.

Under the Texas Health & Safety Code (THSC) Chapter 711, cemeteries are defined as “a place that is used or intended to be used for interment, and includes a graveyard, burial park, mausoleum, or any other area containing one or more graves.” While the ACT applies only to lands owned or controlled by the state or a political subdivision and to designated SALs, the THSC applies to cemeteries on private and public land in Texas. The THC is also responsible for establishing rules regarding historic-age cemeteries (including unmarked/unknown, abandoned, and unverified cemeteries), which are addressed in TAC Chapter 22. If an unknown or unverified cemetery is discovered, the discoverer must file a Notice of Existence of Cemetery within 10 days. See the THC’s Cemetery Preservation webpage for additional information.

*See the Antiquities Code of Texas and State Antiquities Landmarks pages for more information about separate requirements under the ACT relating to above-ground historic resources on public land and designated SALs.

Apply for Restricted Cultural Resource Information (RCRI) Access

Archeological site location data is confidential under both federals laws and the ACT (Sec. A191.004), TAC (§24.13), and Texas Government Code (Chapter 442, Sec. 442.007). Consultants should apply for Restricted Cultural Resource Information (RCRI) permission, which grants a user ID and password to access the restricted Texas Archeological Sites Atlas, a secure online database with maps of known cultural resources, surveys conducted, SHPO determinations, and abstracts and downloadable copies of many reports of investigations. Applicants for RCRI access should attach a detailed CV with their application to demonstrate they meet the restricted access criteria listed in the TAC.

Register for an eTRAC Account

In addition, we recommend creating an Electronic THC Review and Compliance (eTRAC) system account so you can submit documents for review through the online system. To set up an eTRAC account, visit the eTRAC homepage and click the Register link on the red banner. The eTRAC information webpage provides a user guide, FAQs, and eTRAC Learning Series instructional videos. Once you have registered for an eTRAC account, you will be able to submit project reviews through the eTRAC system.

Apply for Archeological Permit Portal Access

Texas Antiquities Permits are now accepted only online through the Archeological Permits Portal in eTRAC, which is only visible for approved Principal Investigators (PIs). If you wish to submit Texas Antiquities Permit applications, you must first register for an eTRAC account, and then apply for the Archeological Permit Portal by submitting your CV to archeo-permits@thc.texas.gov. Once the CV is reviewed and the PI approved to hold a Texas Antiquities Permit, the Archeological Permits tab on the red banner in eTRAC will be visible, and the PI can then submit a Texas Antiquities Permit application through that system. Please see the Archeological Permit Portal Training Series on the eTRAC information webpage for step-by-step instructions on accessing and using the Archeological Permits Portal.

Get Involved

Consultants can join the Council of Texas Archeologists (CTA) and be added to the Archeological Contractors List. The CTA develops professional guidelines and standards for Texas in consultation with the THC and holds biannual meetings for professionals to network, stay informed of industry updates, and present research. Their website also provides links to useful resources for conducting background and archival research. Many professional and avocational archeologists in Texas participate in the Texas Archeological Society (TAS), which hosts archeology training academies, a summer field school, and an annual meeting. The TAS website also provides contact information for regional archeological societies.

Professional Qualifications for Archeological Investigations

• Federal Projects: Cultural resource consultants who are interested in conducting work in Texas under federal preservation laws should meet the Secretary of the Interior’s Professional Qualifications Standards.
• State Projects: For investigations on Texas public lands and SALs and in state waterways performed under the ACT, Principal Investigators (PIs) must meet the Professional Qualifications and Requirements listed in TAC §26.4, which also provides the required qualifications for Professional Archeologists (both terrestrial and underwater) and Geomorphologists or Geoarcheologists. PIs should submit a current Curriculum Vitae (CV) to the THC via e-mail at archeo-permits@thc.texas.gov to demonstrate they meet the state requirements. CVs should be detailed, providing dates and duration of positions held, information about key projects, and publications. Once approved, PIs will be given access to the Archeological Permits menu in eTRAC to be able to submit permit applications online.

Standards & Guidelines for Archeological Investigations in Texas

Note: Federal agencies and other state/municipal agencies may have additional or specific standards to follow for projects conducted under Section 106 and/or local regulations. Please check with the lead agency to ensure the appropriate standards are employed.

• General Rules and Standards
  • Texas Administrative Code Chapter 22 “Cemeteries,” Chapter 25 “State Archeological Program,” “Chapter 26 “Rules Practices and Procedures,” Chapter 28 “Historic Shipwrecks,” and Chapter 29 “Management and Care of Artifacts and Collections”
  • Secretary of the Interior’s Standards for the Treatment of Historic Properties
  • How to Apply the National Register Criteria for Evaluation
  • Section 106 Review for Telecommunications Projects and other Guidance and Agreement Documents
• Archeological Fieldwork
  • Secretary of the Interior's Standards for Archeological Documentation
  • Archeological Survey Standards for Texas
  • Professional Performance Standards for Fieldwork and Analysis
  • Guidance for Studying Late 19th-Century and Early 20th-Century Sites
  • Guidelines for Identification of Historic Cemeteries and Unmarked Historic Graves
• Recording Archeological Sites
  • All archaeological sites recorded or revisited during field investigations must be reported. The THC works with the Texas Archeological Research Laboratory (TARL) at The University of Texas at Austin to manage these data.
  • Site recording and revisit forms for Texas run on an Access program called TexSite. The TexSite Program and information on how to complete and submit the site forms can be found at Registering Sites at TARL.
  • When recording a cemetery discovered during the course of an archeological project, in addition to filling out a site form, archeologists should file an Archeologist's Notice of Existence of Cemetery Form, available in the Archeology section of the THC's Forms page.
• Reports & Curation:
  • Guidelines for Cultural Resource Management Reports
  • Curation Standards and Procedures
  • Reports Relating to Archeological Permits in TAC §26.16.
• Definitions are presented in TAC §25.1 and TAC §26.3

Please note that the THC has 30 days to review any materials submitted, unless otherwise specified under the ACT. If additional information or revisions are needed to complete the review, the 30-day review clock will be reset once the additional/revised materials are submitted.

Project Review Process

Initial Project Consultation: Submit project information via eTRAC. THC reviewers will examine the submission and request additional information if needed. Once the review is complete the THC will determine whether:

• No archeological work is required, receive THC Concurrence with No Historic Properties Affected, Project May Proceed

OR

• Survey or other archeological work is required. This will consist of the following steps, at a minimum:

1. Consult with the THC and applicable state/municipal and federal agencies on the Scope of Work and/or a Texas Antiquities Permit application (see below for procedure) if the project is in state waters, on an SAL, or on land owned or controlled by the state or a political subdivision.
2. Once THC has concurred with the SOW and issued a Texas Antiquities Permit if needed: Conduct fieldwork, site recording and evaluation, and analysis in accordance with the standards and guidelines listed above.
3. Submit a draft report and shapefiles of the surveyed area for review. Address agency comments and revisions, if requested.
4. Once THC has concurred with the draft report:
   1. If no additional work is required, the project may proceed.
   2. Curate* project files and artifacts in accordance with applicable regulations (36 CFR 79 for federal projects and TAC §29.5 for projects conducted under the ACT).
   3. Provide Final Report to the THC, fill out an Abstract* form, and submit shapefiles* (if not already provided).
5. Additional steps may be required if monitoring, eligibility testing, or mitigation is necessary.

*These steps are strongly recommended for all projects and are required for projects conducted under the Texas Antiquities Code.

Texas Antiquities Permits

For projects conducted on SALs, on lands owned or controlled by a political subdivision of the state, or in state waterways, consultants must obtain a Texas Antiquities Permit before the archeological investigations can commence. Projects conducted under Section 106 of the NHPA may require a separate federal permit (i.e., Archaeological Resources Protection Act [ARPA] permit) if work is to be conducted on federally owned or managed land in Texas; consultants must coordinate with the owning/managing federal agency for federal permits. Dual Jurisdiction projects are subject to both Section 106 of the NHPA and the ACT, and therefore the requirements of both regulations must be met. Rules regarding Texas Antiquities Permits are outlined in TAC §26.14.

• Texas Antiquities Permit Application: The Texas Antiquities Permit Application must contain the information in TAC §26.13, including a map of the project area and a detailed scope of work. It must be signed by the landowner and sponsor (as defined in TAC §26.3) and the PI, who must meet the requirements under TAC §26.4. Once the application is complete and accepted, the reviewer will issue the permit number and expiration date. You may not begin investigations until you have received your permit number and expiration date.
• Permit Amendment Request: In the event that there are changes to the project, including but not limited to the horizontal or vertical limits of the project area, impacts proposed, or research design, a permit amendment request must be submitted to and approved by the regional archeologist via e-mail prior to implementation.
• Permit Transfer Application: If a PI moves to another firm, within 30 days the permit needs to be transferred to either the new firm or to a different PI at the original firm.
• Permit Extension Application: Should the project not be completed by the expiration date on the permit, the PI may apply for an extension. The PI will be sent a notice 60 days prior to the expiration. First Extensions may be granted at the regional reviewer level; however, Second Extension requests must be approved by the Texas Historical Commission on the recommendation of the Antiquities Advisory Board, which meets quarterly. If requesting a Second Extension, please notify the Archeology Division at least 30 days before the quarterly meeting to be added to the agenda.

Failure to comply with these procedures may result in a permit violation, permit cancellation, or censuring.

How to Submit Documents to the THC for Review

Documents for review under Section 106 or the ACT may be submitted via the methods below.