1. (a) Historic properties. For the purposes of this section, the term historic properties will refer only to non-archeological historic properties.
2. (b) Internal review projects. For projects subject to review for historic properties under this MOU, TxDOT qualified professional staff shall determine the presence or absence of historic properties in the area of potential effects. Such efforts should focus on the types of historic properties within public rights-of-way and other sensitive areas, including but not limited to historic bridges, historic road corridors, historic roadside parks and rest areas, historic Depression Era masonry culverts, historic districts, historic courthouse squares and other historic commercial zones. Project activities that TxDOT determines will have no effect or no adverse effect on historic properties may be internally reviewed by TxDOT and are approved for construction. Documentation for such projects will be maintained in official TxDOT project files and regularly reported to THC in accordance with subsection (d)(1) of this section.

3. (c) Coordinated projects. Projects subject to review for historic properties under this MOU that are determined by TXDOT qualified professional staff to pose an adverse effect on historic properties shall require individual THC review according to the following procedures:

   1. (1) THC will respond within 20 calendar days of receipt of TxDOT's request for review by indicating whether an affected historic property will require a historic structures permit for an SAL, or whether THC intends to initiate an SAL nomination for the affected property. If THC does not respond within 20 calendar days, TxDOT may assume THC's concurrence with its determinations, and TXDOT may proceed with the project to construction;
   2. (2) in accordance with Government Code, §442.008 and 13 TAC §17.2 (relating to Review of Work on County Courthouses), TxDOT will notify THC of any work affecting a county courthouse or its surrounding site, up to and including the curb. THC will respond within 20 calendar days of receipt of TxDOT's notification by indicating whether a historic structures permit for an SAL or additional consultation pursuant to a preservation covenant or easement will be required; and
   3. (3) state-funded projects coordinated under this MOU that may subsequently require a federal permit or change to federal funding, and that involve a direct taking of a historic property, must be individually coordinated with THC in order to satisfy federal regulations under 23 C.F.R. Part 774 and 36 C.F.R. Part 800. Procedures outlined in the 2005 PA-TU or subsequent agreements will govern such coordination.

4. (d) Documentation. For projects that are internally reviewed or individually coordinated under subsections (b) and (c) of this section, TxDOT will comply with the following project documentation requirements:

   1. (1) for projects that are internally reviewed under subsection (b) of this section, TxDOT will submit to THC a quarterly report of internally approved projects within 60 business days after the end of the calendar quarter. THC may audit TxDOT files for specific projects submitted in the quarterly report. Quarterly report documentation will include:

      1. (A) project description and scope;
      2. (B) project location map with delineation of the APE and location of historic properties;
      3. (C) methodology used to identify historic properties;
      4. (D) photographic and descriptive information for each identified property;
      5. (E) description of public involvement activities;
      6. (F) justification for findings of historic properties, including setting, integrity, and contextual information; and
      7. (G) justification of effects on historic properties, including evaluations, reports, and other information relevant to the findings by TxDOT; and
   2. (2) for projects that are individually coordinated under subsection (c) of this section, documentation submitted to THC will include the items listed in paragraph (1)(A) - (G) of this subsection, and a description of efforts to avoid or minimize harm, mitigation, and commitments.

Source Note:The provisions of this §2.271 adopted to be effective May 16, 2013, 38 TexReg 2861.