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How to file for Texas Historical Commission review (Section 106)

Updated

General information, not a substitute for the advice of an attorney.

Who grants it: Texas Historical Commission, as the State Historic Preservation Office, through its eTRAC portal.

When it applies: Section 106 review applies when a federal agency permits, funds or licenses the project (a Corps Section 404 permit counts). The Antiquities Code applies on public land. Lenders often ask for a survey regardless.

What the application asks for, and where to find it

The application asks forWhere you find itHow
Project location and area of potential effects (APE)Your engineerSite boundary plus any gen-tie or road corridor, as a map or shapefile.
Known sites and listings nearbyThis site: the land reportThe land report row "Historic sites" (National Register, NPS); registered archeological sites are in the Texas Archeological Sites Atlas (restricted access for site locations).
Federal agency and permitYou (the applicant)Name the agency bringing Section 106 (for example the Corps) and its permit number.
Cultural resources survey reportYour engineerAn archeologist surveys the APE and files the report; the report's Studies page marks it "Triggered" when a listing is near.
Landowner permission for survey accessThe landownerThe owner grants field access.
What the "where you find it" column means
This site: the land report
Run the spot on the land report; the value is on the page named, with its agency source.
Appraisal district (tax assessor)
The county appraisal district record: property ID, legal description, acreage, owner of record, agricultural valuation. The report's Lease page links it; the Permits page lists the district's phone.
The landowner
Only the owner can supply it: signed authorization, deed reference, existing leases, access, their contact details.
Your engineer
From your civil or electrical engineer: site plan, disturbed acreage, drainage, the electrical one-line, nameplate and inverter data, structure heights.
Surveyor or title company
Boundary survey, legal description for recording, easements of record, title commitment.
The agency's website
The agency publishes it: forms, fee schedules, community numbers, district offices, portal accounts.
You (the applicant)
Your entity details: legal name, address, signatory, contacts, FEIN, insurance.

How to file it

  1. Read the THC consultation process to see whether the project is a federal undertaking or involves public land.
  2. Create an eTRAC account and submit the project with the APE map and any survey report.
  3. Respond to THC comments; the federal agency closes Section 106 with THC concurrence.

Fees and clocks

THC posts its review timeframe on the consultation page; it runs from a complete submission.

The pages you will use

Open: THC consultation process →
THC consultation process (screenshot captured monthly from the agency page)
Open: eTRAC portal →
eTRAC portal (screenshot captured monthly from the agency page)
Open: Texas Archeological Sites Atlas →
Texas Archeological Sites Atlas (screenshot captured monthly from the agency page)

Official pages cited

How-to guidance from the agency pages linked above, not legal advice; forms, fees and offices change, so confirm with the office before filing. The land report fills in the site facts; the rest comes from the sources named in each row.

General information from the sources linked above, not legal, tax, or financial advice.

Sources and helpful links

More official contacts and resources: Helpful links.

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