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State and Federal Review at the Texas Historical Commission

State and Federal Review at the Texas Historical Commission. May 2011. Texas Historical Commission.

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State and Federal Review at the Texas Historical Commission

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  1. State and Federal Reviewat the Texas Historical Commission May 2011

  2. Texas Historical Commission The Texas Historical Commission (THC) is the state agency for historic preservation, created in 1953 as the Texas State Historical Survey Committee, which began a statewide effort to identify and interpret historic places and events. Texas’ State Historic Preservation Officer (SHPO) is the Executive Director of the Texas Historical Commission: Mark Wolfe.

  3. THC Divisions • Administration • Archeology • Architecture • Community Heritage Development • Historic Sites • History Programs • Marketing and Communications • Staff Services

  4. Synthesis of Information and Support • Through its variety of programs • and networks, THC has a breadth • of information and experience with which to assist the general public and fulfill its mission.

  5. Historical designations

  6. Community Outreach and Engagement

  7. Damage to Resources

  8. Effects of development and growth

  9. Natural disasters damage indiscriminately

  10. Natural disasters require clean-up Clockwise from top: non-profit Galveston Arts Center received FEMA assistance post-Ike; debris along Broadway cleaned up by DOT sub-contractors who damaged historic brick curbs and other historic elements; clean-up and reconstruction at Galveston Seawall (NHL) required coordination between GLO, USACE, SHPO, FEMA, and City

  11. THC Review

  12. Three THC divisions work together to process more than 15,000 reviews each year: Archeology History Programs ArchitectureStandard reviews are completed well within the allotted 30-day period. THC Review Process

  13. Atlas The THC’s Texas Historic Sites Atlas has a public side (seen here) and a restricted side with sensitive archeological site data.

  14. State Laws

  15. The Antiquities Code of Texas • The Antiquities Code of Texas was enacted in 1969 with many amendments in 2009. • It created: • State Archeological Landmarks • Antiquities Permits • Antiquities Advisory Board

  16. Antiquities Permits • Antiquities Permits are issued for investigations on land owned or controlled by state agencies & political subdivisions of the state • Separate forms for archeology, underwater archeology, and buildings/structures

  17. Texas Courthouses All buildings that are serving or have served as the courthouse are protected under a statute entitled, “County Courthouses" as described in the Texas Government Code, Title 4, Chapter 442, Section 442.008.  Rules for implementing this law are found in the Texas Administrative Code, Title 13, Part 2, Chapter 17.2. Inside the Cameron County Courthouse dome (Brownsville); Maverick County Courthouse (Eagle Pass)

  18. CEMETERY LAWS

  19. STATE CEMETERY LAWS • Most Texas laws pertaining to cemeteries are in Chapters 694–716 of the Texas Health & Safety Code and Penal Code 28.03(f): • Chapter 694: Burials & Duties of Texas Department of Health • Chapter 711: General Provisions • Chapter 712: Cemetery Corporations • Chapter 713: Cemetery Organizations • Chapter 714: Miscellaneous Provisions • Chapter 715: Conservatorship • Chapter 716: Crematories • Under Sec. 711.001 of the Texas Health & Safety Code: “Cemetery” means a place that is used or intended to be used for interment, and includes a graveyard, burial park, or mausoleum.

  20. TEXAS CEMETERY LAW • Texas case law has held that “No particular instrument or ceremony was required to dedicate land as a cemetery, and the actual use of land as a cemetery was sufficient for a dedication.” • A burial ground need not be recorded in the deed records of the county or separated from other land by a fence or other barrier. • The cemetery is considered to be held in trust for the benefit of those interred and those having the right to be interred. • The surrounding landowner does not own the land where the cemetery is located.

  21. STATE AGENCIES INVOLVED IN CEMETERIES • Texas Historical Commission: • Protect and preserve the state’s historic, including historic cemeteries • Texas Department of Banking: • Oversees all perpetual care/for profit cemeteries. • Texas Funeral Services Commission: • Maintain standards for the Funeral Home Industry, conduct hearing, impose sanctions, examine and license members of the profession. • Neither the Texas Historical Commission nor any other state agency is directly responsible for the enforcement of state cemetery laws. The task falls to local law enforcement agencies such as the county Sheriff or municipal police department.

  22. NAGPRA • The Native American Graves Protection and Repatriation Act is a Federal law passed in 1990. NAGPRA provides a process for museums and Federal agencies to return certain Native American cultural items—human remains, funerary objects, sacred objects, or objects of cultural patrimony—to lineal descendants, and culturally affiliated Indian tribes and Native Hawaiian organizations. NAGPRA includes provisions for unclaimed and culturally unidentifiable Native American cultural items, intentional and inadvertent discovery of Native American cultural items on Federal and tribal lands, and penalties for noncompliance and illegal trafficking. In addition, NAGPRA authorizes Federal grants to Indian tribes, Native Hawaiian organizations, and museums to assist with the documentation and repatriation of Native American cultural items, and establishes the Native American Graves Protection and Repatriation Review Committee to monitor the NAGPRA process and facilitate the resolution of disputes that may arise concerning repatriation under NAGPRA.

  23. Federal Law and SHPO Review

  24. 36 CFR Part 800 • Step-by-step process for consultation with SHPO, Native Americans, and interested public: • Identify Area of Potential Effect (APE) • Identify historic properties (survey and testing) • Assess the project’s effects on historic properties • Consult to resolve adverse effects • 5. Allow Advisory Council on Historic Preservation • (ACHP) an opportunity to comment

  25. Project’s Area of Potential Effect (APE) The geographic area or areas within which an undertaking may cause changes in the character or use of historic properties.

  26. Project’s Area of Potential Effect (APE) Downtown Grapevine

  27. Project’s Area of Potential Effect (APE) Downtown San Marcos, photo courtesy Don Anders

  28. Project’s Area of Potential Effect (APE)

  29. 36 CFR Part 800: Historic Properties A historic property is any historic or prehistoric site, district, building, structure, or object included in, or eligible for inclusion in the National Register of Historic Places.

  30. National Register Criteria for Evaluation NATIONAL REGISTER BULLETIN How to Apply the National Register Criteria for Evaluation • Criterion A: Event • Criterion B: Person • Criterion C: Design/Construction • Criterion D: Information Potential Applied to districts, sites, buildings structures and objects with integrity of location, design, setting, materials, workmanship, feeling, and association http://www.nps.gov/history/NR/publications/bulletins/pdfs/nrb15.pdf

  31. National Register Criteria Considerations • Criteria Consideration A: Religious Properties • Criteria Consideration B: Moved Properties • Criteria Consideration C: Birthplaces or Graves • Criteria Consideration D: Cemeteries • Criteria Consideration E: Reconstructed Properties • Criteria Consideration F: Commemorative Properties • Criteria Consideration G: Properties that Have Achieved Significance Within the Past Fifty Years

  32. National Register Districts

  33. Texas has a variety of historic properties

  34. Archeological deposits; Caddo temple; Rock art

  35. Underwater Resources The Texas Legislature created the Texas Antiquities Code in 1969 to protect the state’s cultural resources. The legislation was a direct response to activities in the Gulf at the sites of 16th-century Spanish shipwrecks. An enormous anchor from one of the shipwrecks is hoisted on board the archeologists' reconnaissance vessel. Image from display, Corpus Christi Museum of Science and History. http://www.texasbeyondhistory.net/coast/images/wrecks-anchor.html

  36. Historic properties

  37. Neglected properties might have social significance Sabine Farms Community Center, Harrison County, today and c. 1939 (Resettlement Administration)

  38. Resolving Adverse Effects • If the project will adversely affect NR-eligible properties: • Consult to avoid effects through redesign of project or to mitigate adverse effects. • Mitigation of archeological sites usually involves large-scale excavations • Mitigation of buildings may involve HABS/HAER documentation, rehabilitation, or marketing for reuse

  39. Mitigation strategies

  40. Links • Texas Historical Commission • www.thc.state.tx.us (main page) • http://www.thc.state.tx.us/contactus/cot106reviewers.shtml (reviewer list) • http://www.thc.state.tx.us/crm/crmsend.shtml (what to send for project review) • Advisory Council on Historic Preservation • www.achp.gov • National Park Service • www.cr.nps.gov • Council of Texas Archeologists Contractors List • www.c-tx-arch.org • National Association of Tribal Historic Preservation officers • http://www.nathpo.org/publications.html

  41. Contact information • Questions? • Contact Linda Henderson: • linda.henderson@thc.state.tx.us

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