SECTION 2.255. Qualifications of Staff and Use of Consultants

(a) All cultural resource investigations executed under the terms of this MOU shall be implemented by staff who meet the requirements for professional personnel as defined and set forth in 13 TAC Chapter 26 (relating to Practice and Procedure) or the Secretary of the Interior's Professional Qualification Standards (36 C.F.R. Part 61, Appendix A), and are qualified and eligible to receive an antiquities permit.

(b) TxDOT has the right to perform cultural resource investigations using staff or consultants who meet the professional standards cited in subsection (a) of this section.

(c) Cultural resource surveys, investigations, permit applications, and other work performed by consultants shall be coordinated with THC by or through TxDOT's Environmental Affairs Division, or its successor as established by TxDOT administration, unless it and THC agree in writing to allow other appropriate organizational units of TxDOT or other entities approved by the respective agencies to coordinate the work.

Source Note: The provisions of this §2.255 adopted to be effective August 15, 2018, 43 TexReg 5237