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Section 4: Cultural Resources

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Texas Antiquities Code (Texas Natural Resources Code, Chapter 191)

Ensure compliance with commitments required to satisfy agreements with the Texas Historical Commission (THC). If necessary, do the following as required in the contract:

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  • Become aware of the commitments pertaining to cultural resources in the environmental permits, issues, and commitments (EPICs) section in the PS&E.
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  • Ensure the barriers or other obstacles required by commitments are installed to prevent accidental impacts to protected resources.
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  • Ensure no construction-related activities occur in specifically designated project avoidance areas until the Department’s commitments to the Texas Historical Commission (THC) have been completed. ENV will coordinate these commitments and their completion with the area engineer (AE) and the District Environmental Coordinator (DEC).
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  • Ensure that ENV is given an opportunity to review project activities resulting from change orders that extend project impacts into new ROW or easements that were not included in the original PS&E. ENV will coordinate the review with the THC. ENV will coordinate the results of the review with the AE and the DEC. Notify the contractor when work may resume.

If archeological materials or human remains are identified within the ROW, or a Department-designated material source, cease all construction-related activities and report the find to the AE and DEC in accordance with the contract and the Department’s Emergency Discovery Guidelines. Notify the contractor when work may resume.

If archeological materials or human remains are introduced into the ROW or easements in materials obtained from a material source under option to the contractor, cease all use of materials from this source and report the find to ENV in accordance with the contract and the Department’s Emergency Discovery Guidelines. Notify the contractor when work may resume.

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National Historic Preservation Act as Amended (16 U.S.C. §470 and 36 CFR Part 800)

Ensure compliance with any contract permits issued by a federal agency, such as the Corps of Engineers, and ensure compliance with any other agreements made in accordance with the National Historic Preservation Act. If necessary, do the following as required in the contract.

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  • Obtain THC, federally recognized tribal governments throughout the United States and other appropriate parties, or
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  • Ensure that no construction-related activities occur in specifically designated project areas until the Department’s commitments to the THC, federally recognized tribal governments throughout the United States and other appropriate parties have been completed. ENV will coordinate these commitments and their completion with the AE and the DEC.

Ensure that properties outside the ROW are not impacted. If archeological materials or human remains are identified within the ROW, or material source under option to the Department, cease all construction-related activities and report the find to ENV in accordance with the contract and the Department’s Emergency Discovery Guidelines. Notify the contractor when work may resume.

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