Guidance and Agreement Documents

To assist entities tasked with coordinating project review, the Texas Historical Commission (THC) has developed guidance and agreement documents for compliance with Section 106 of the National Historic Preservation Act and the Antiquities Code of Texas. This material provides supplemental instructions beyond the general overview in the Project Review portion of our website, and in the case of agreement documents, streamlines consultation for specific programs and agencies. For general updates regarding our project review procedures, please see How the THC Reviews Projects. To download the updated Request for SHPO Consultation form, please see What to Send for a Project Review.

Guidance Documents

The THC has developed fact sheets for Section 106 consultation for certain project types and agencies. When applicable, please consult these guides before submitting a project for review.
General guidance documents:

• Section 106 for Homeowners
  This document is for homeowners who receive federal assistance for reconstruction, rehabilitation, or other construction activities at their homes. It provides an introduction to the National Historic Preservation Act and answers frequently asked questions about the THC’s role and review process.
• Streetscape Guidelines for Historic Commercial Districts
  This document provides an overview of how the THC reviews streetscape improvement projects, including guidance on the design of elements such as street and sidewalk replacement, street lighting, and accessibility upgrades.

Guidance documents by federal program or agency:

• Federal Communications Commission (FCC) (updated September 2020)
  This document explains the nationwide Programmatic Agreements with FCC and how to coordinate an FCC project with the THC. As of 2015, the Texas Historical Commission no longer participates in the FCC E-106 system.
• U.S. Department of Energy, Guidance Memorandum for Funding Administered by the State Energy Conservation Office
  In Texas, the State Energy Conservation Office (SECO) administers Energy Efficiency and Conservation Block Grants and State Energy Plan grants to county and municipal governments. This guidance document gives grant recipients an overview of how to submit their projects for THC review. Additional information, including a consultation list that outlines what project types require THC review, is available on SECO’s website.
• U.S. Department of Energy, Guidance Memorandum for Funding Administered by the Texas Department of Housing and Community Affairs
  In Texas, the Texas Department of Housing and Community Affairs (TDHCA) administers Weatherization Assistance Program (WAP) grants to government and non-profit entities for weatherization of homes. This guidance document gives grant recipients an overview of how to submit their projects for THC review. Additional information on the program is available on TDHCA’s website.
• U.S. Department of Housing and Urban Development, Guidance Memorandum for State and Local Officials Receiving HUD Funding or Assistance (updated 2014)
  Intended for use by local and state government agencies administering HUD funds, this guidance document provides an overview of the Section 106 process, explains how to coordinate with the THC, and lists routine project types that do not require THC review.

Program Alternatives

Section 106 regulations at 36 CFR 800.14 allow federal agencies to establish specific measures for implementing the review process. These alternatives may take the form of alternate procedures, programmatic agreements, or program comments, among others. The Advisory Council on Historic Preservation (ACHP) maintains information on nationwide program alternatives. 

Further, the THC has entered into programmatic agreements to guide consultation on projects in Texas. Please consult the following list of active agreements prior to submitting a project for review, to ensure that the proper review process for your agency or project is followed:

• Federal Emergency Management Agency (FEMA)
  This agreement with FEMA and the Texas Division of Emergency Management provides for expedited review of emergency response following a presidentially declared disaster and also covers non-emergency coordination of hazard mitigation grant programs.
• Texas General Land Office (GLO)
  This agreement with the Texas General Land Office, who administers U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Disaster Recovery (CDBG-DR) programs, provides for expedited review of emergency response following a presidentially declared disaster.
• Texas Department of Transportation (TxDOT)
  This agreement covers federally funded projects administered by the Texas Department of Transportation (TxDOT) and/or the Federal Highway Administration (FHWA).
• Texas Department of Agriculture (TDA), Office of Rural Affairs
  This agreement covers the Texas Community Development Block Grants (TxCDBG) program, a federal program administered by the Texas Department of Agriculture (TDA) on behalf of the United States Department of Housing and Urban Development (HUD).
• U.S. Department of Defense (DOD)
  The DOD has created internal policies in the document Instruction 4715.16: Cultural Resources Management, which requires that each installation develop an Integrated Cultural Resource Management Plan. Further, the ACHP has issued multiple program comments for the DOD and its branches, and the Army makes use of alternate procedures, all of which are available via the ACHP link above. In addition, the THC has entered into programmatic agreements for consultation at Fort Bliss in El Paso and Joint Base San Antonio, which encompasses Fort Sam Houston, Lackland Air Force Base, and Randolph Air Force Base.
• U.S. Department of Energy (DOE)
  This agreement covers DOE grant programs, including the Energy Efficiency and Conservation Block Grant Program (EECBG), State Energy Plan (SEP), and Weatherization Assistance Program (WAP). In Texas, the State Energy Conservation Office (part of the Texas Comptroller of Public Accounts) administers EECBG and SEP grants to county and municipal governments, while the Texas Department of Housing and Community Affairs administers WAP grants for the weatherization of homes. The DOE agreement is an umbrella for state-level agreements with these agencies and makes their terms applicable to direct recipients of DOE grants. For more information, see the applicable guidance documents, above.
• U.S. Department of Housing and Urban Development (HUD)
  The THC has multiple agreements pertaining to HUD-funded programs. In most cases, HUD has delegated its responsibility for Section 106 compliance to the state or local government receiving HUD funds. The THC has entered into agreements with the Texas General Land Office (GLO) for Community Development Block Grant Disaster Recovery (CDBG-DR) funds, Texas Department of Rural Affairs (TDRA), and other HUD-funded programs. For all other entities administering HUD funds, please see the Guidance Memorandum, above.

Project-specific agreements exist in addition to the agreements enumerated above. For more information or to obtain a copy of a programmatic agreement applicable to your project, please contact the appropriate reviewer for your agency or region.

Memoranda of Understanding for the Antiquities Code of Texas

Projects involving state or local public land require review under the Antiquities Code of Texas. Memoranda of Understanding (MOUs) with other state agencies for compliance with the Antiquities Code include agreements with:

• Lower Colorado River Authority
• Texas Department of Transportation
• Texas Parks and Wildlife Department
• Texas State University
• Texas Tech University

MOUs with the Texas Department of Transportation, Texas Water Development Board, and Texas Parks and Wildlife Department are included in Rules of Practice and Procedure for the Antiquities Code of Texas (Texas Administrative Code, Title 13, Chapter 26), available under Statutes, Regulations, and Rules.