1. (a) Texas Department of Transportation. The coordination responsibilities of TxDOT under this MOU are defined as follows.

   1. (1) Except as provided in §2.257 of this subchapter (relating to Projects Excluded from Review for Archeology Resources and Cemeteries), §2.270 of this subchapter (relating to Projects Excluded from Review for Non-Archeological Historic Properties), or other provisions of this subchapter that exclude projects from coordination requirements, TxDOT shall coordinate review of transportation projects for which TxDOT is the project sponsor under §2.7 of this chapter (relating to Project Sponsor) with THC for both archeological resources and cemeteries, and non-archeological historic properties, as described in this MOU.
   2. (2) All coordination required by this MOU shall be conducted by or through TxDOT's Environmental Affairs Division, or its successor as established by TxDOT administration, unless the division (or its successor) and THC agree in writing to allow other appropriate organizational units of TxDOT or other entities approved by the respective agencies to conduct the coordination.

   3. (3) Work in TxDOT right-of-way that is not associated with a project for which TxDOT is the project sponsor under §2.7 of this chapter is the responsibility of the project sponsor and not of TxDOT (see Natural Resources Code, §191.0525), except as provided under paragraph (5) of this subsection. The project sponsor is responsible for coordinating directly with THC for such work, using the terms of this MOU to the extent THC determines appropriate. Examples of projects that will be coordinated by the non-TxDOT project sponsor directly with THC include but are not limited to:

      1. (A) on-system highway projects funded entirely with local funds;
      2. (B) utility relocations or installations within TxDOT right-of-way sponsored by other entities; and
      3. (C) driveway and access connections sponsored by other entities.
   4. (4) TxDOT shall not be a signatory to any permit issued by THC to another entity for work on a project funded or sponsored by such other entity.
   5. (5) In accordance with §2.12(g)(1) of this chapter (relating to Project Coordination), TxDOT may coordinate projects sponsored or funded by another entity under this MOU by agreement with the non-TxDOT project sponsor, and TxDOT will provide notice to THC when it coordinates such projects.
2. (b) Texas Historical Commission. The coordination responsibilities of THC under this MOU are to conduct any review required by this subchapter in an efficient manner, to provide timely feedback to TxDOT about projects coordinated under this subchapter, and to apply any funding provided by TxDOT solely to the review of TxDOT's projects in a manner that most efficiently streamlines THC's effective review and early coordination.

Source Note:The provisions of this §2.255 adopted to be effective May 16, 2013, 38 TexReg 2861.