Final Report: Intensive Archeological Survey for the Proposed Rockport Center for the Arts, Aransas County, Texas

In March 2020, an intensive archeological survey was completed in order to inventory and evaluate archeological resources within the proposed footprint of a new Center for the Arts, Performing Arts, and Conference Center in Aransas County, Texas. The project is owned and sponsored by the Rockport Center for the Arts. The project area lies adjacent to the Kline’s Café Building, which has been determined eligible for inclusion on the National Register of Historic Places (NRHP). Under the current preferred alternative, the Kline Café will be relocated to a location outside of the project area. This action is considered “an adverse effect” and triggers a review under Section 106 of the National Historic Preservation Act, as amended. The project has an additional federal nexus since it will be undertaken using federal funds from the Economic Development Administration. The project will include the lease of approximately 0.22 acres of City of Rockport-owned right-of-way along E. North Street. As a result, the project is also subject to the Texas Antiquities Code. Texas Antiquities Permit #9305 was assigned to this project by the Texas Historical Commission. The project area was subjected to an intensive pedestrian survey augmented with the excavation of shovel test units. The survey was carried out by Scotty Moore (Principal Investigator) and Austin Blase of Cox|McLain Environmental Consulting, Inc. on March 6, 2020. Shovel test unit placement was determined based on ground surface visibility, the presence of soils having sufficient depth and integrity to contain intact subsurface cultural materials, and previous disturbances encountered. In all, 9 shovel test units were excavated across the APE in areas that lacked clear evidence of significant ground disturbance or impenetrable surfaces (e.g., asphalt pads, concrete foundations). Pedestrian survey revealed that the entire approximately 1.0-acre (0.4 hectare) archeological area of potential effects (APE) has been subjected to significant anthropogenic alteration associated with more than a century of low-density urban development. It has been further disturbed by the impacts of storm surges and flood events associated with high-energy events such as Hurricane Harvey. Survey revealed the remnants of two historic-age foundations within the southern half of the APE that were associated with an approximately 40-centimeter-thick (15.8-inch-thick) mixed deposit of historic-age debris consisting of glass, metal, ceramic, and dietary faunal bone. Collectively, these deposits and features have been designated a new archeological site: 41AR120. Due to the impacts of multiple and substantial disturbance events, the cultural materials associated with this site lack integrity of association and are recommended as ineligible for inclusion on the National Register of Historic Places. Due to the mixed nature of subsurface deposits, the research potential for this site is low. As a result, no further archeological work within this project area is recommended. The historic-age Kline Café is surrounded by extensively disturbed sediments that lack evidence of intact buried cultural resources deposits. The potential for buried resources underneath the building is considered low. Since the resource will be moved off-site and preserved, no further archeological work is recommended. The Texas Historical Commission concurred with this decision on April 8, 2020

Why Bartlett Is Not the End of Aggregated Minority Group Claims Under the Voting Rights Act

The 2020 election showed the importance of faith in the democratic system and the ability for citizens to cast a ballot for federal, state, and local races. After the election, state legislatures will be redrawing federal, state, and local electoral districts. Those new districts will affect the voting rights of nearly every American. This Note examines Section 2 of the Voting Rights Act of 1965, which has traditionally afforded minority group members the opportunity to challenge discriminatory electoral policies that thwart the ability “to participate in the political process and to elect representatives of their choice.” This is an important avenue that minority group members can seek to remediate biased districting processes. Claims brought by one minority group at a time—such as a Black community suing to be a majority in a newly drawn electoral district after being discriminated against in the district drawing process—have been commonplace for several decades. But given the diversifying country, these standard challenges are becoming insufficient. A newer and more controversial theory pursued by litigants under Section 2 is the “aggregated claim”—which is a joint claim brought by two or more minority groups saying essentially, “We’ve been discriminated against collectively.” This Note asks the question of whether aggregated claims are permitted under Section 2 and argues that they are. In particular, this Note examines the impact of a 2009 Supreme Court case, Bartlett v. Strickland, on the viability of aggregated claims, and makes a novel argument based on statutory interpretation that such claims should be permitted

Final Archeological Survey Report

An intensive archeological survey was completed in order to inventory and evaluate archeological resources and to identify potential unmarked internments within a portion of existing Farm-toMarket Road (FM) 359 right-of-way adjacent to the Wilderness Branch Baptist Church Cemetery in Fort Bend County, Texas. The land within the project footprint is anticipated to be converted into roadbed when FM 359 is expanded under control-section-job number 0543-02-075. The final design of this road widening project has not yet been determined; however, some proposed alternatives include the current project footprint, which is located adjacent to the known boundaries of the Wilderness Branch Baptist Cemetery. Anticipated depths of impacts within the current project footprint are expected to be three feet (0.9 meters) for roadway construction and up to ten feet (3.1 meters) at culvert locations. The area of potential effects (APE) consists of the 0.15-acre footprint for the project. Since the project is sponsored by the Texas Department of Transportation and is partially funded by the Federal Highway Administration, it is subject to Section 106 of the National Historic Preservation Act as well as the Antiquities Code of Texas. Texas Antiquities Permit 8957 was obtained for the purposes of conducting survey within the current project area. Fieldwork was conducted over the course of one field session in July 2019. Due to extensive disturbance associated with highway construction/maintenance and utility line installation, no shovel test units were excavated. A single mechanically excavated trench measuring 25.5 meters (82 feet) by 3 meters (9.8 feet) was excavated within the portion of the APE that was not currently utilized as a utility corridor. No evidence of human internments was identified. A single Isolated Find, consisting of a Ferris brick (dating to circa 1920s) and a Texas truck license plate (dated 1962) was recorded at a depth of approximately 30–40 centimeters (11.8–15.8 inches) below the surface near the eastern terminus of trench. As Isolated Finds are not eligible for inclusion on the National Register of Historic Places, no additional investigation is required. Due to the presence of numerous buried utility lines throughout the APE, Cox|McLain (CMEC) was only able to mechanically trench an area measuring approximately 76.5 square meters (823.4 square feet), or roughly 47 percent of the 162 square meters (1,743.8 square feet) initially proposed for excavation in the permitted research design. Should extant utility lines be abandoned or removed during the course of construction activities related to proposed road widening, CMEC recommends that all ground disturbing activities be monitored by a professional archeologist in order to identify potential human internments that could not be located during the current study. No new archeological sites were recorded and no artifacts were collected. Project records will be curated at the Center for Archeological Studies at Texas State University. The Texas Historical Commission concurred with findings and recommendations on July 25, 2019

Archeological Survey Report Upland Avenue from 66th Street to 114th Street, Lubbock

A targeted intensive archeological survey was completed to inventory and evaluate archeological resources within the footprint of proposed improvements and roadway widening to Upland Avenue between 66th Street and 114th Street in the City of Lubbock, Lubbock County, Texas. The total project is approximately 3.0 miles (4.8 kilometers) in length within a 120-foot- (36.6- meter-) wide corridor; typical depth of impacts is expected to be 2 feet (0.6 meters) along the roadway. The archeological area of potential effects (APE) consists of the entire footprint of the project, which covers approximately 60.44 acres and consists of 46.10 acres of existing right of way, 12.23 acres of proposed right of way, and 2.11 acres of proposed easements. The Texas Department of Transportation control section job (CSJ) numbers for this project are 0905-06-095, 0905-06-096, 0905-06-097. The majority of the acreage within proposed right of way and easements occurs as a thin sliver of land immediately parallel to the existing right-of-way. Approximately 53.24 acres within the APE was excluded from survey due to evidence of extensive disturbance from roadway construction and maintenance, utility installations, and residential/commercial development. Approximately 7.2 acres of proposed right-of-way and easements, or approximately 12 percent of the total area of potential effects, were targeted for survey due to their location adjacent to two known playas, which would have been seasonally attractive to prehistoric populations. Fieldwork was conducted under the current Texas Antiquities Permit 9159 on December 3, 2019 by Scotty Moore (Principal Investigator) and Adrienne Campbell of Cox|McLain Environmental Consulting, Inc. Eight shovel test units were excavated; no cultural resources were identified on or below the surface of the APE. Historic-age artifacts possibly associated with a structure present on topographic maps of the area from the 1950s were observed approximately 32.8 to 65.6 feet (10 to 20 meters) outside of the APE. Due to a lack of rightof-entry for the parcel containing these artifacts, their extent and disposition were not evaluated or delineated. No artifacts or features were observed in the APE. No new archeological sites were identified during the survey and no further work is recommended within the project corridor. However, should future project design changes expand the APE to include the historic artifacts mentioned above, further field survey is recommended. Project records will be curated at the Center for Archeological Studies at Texas State University. The Texas Historical Commission concurred with these recommendations on December 18, 2019

Final Report: Intensive Archeological Survey for the Proposed METRO Maintenance of Way Facility, 1507 Keene Street, Harris County, Texas

The Metropolitan Transit Authority of Harris County (METRO) proposes to develop approximately 5.2 acres located on the northeast quadrant of the Interstate Highway (IH) 45 and IH 10 interchange within the City of Houston, Harris County, Texas. Initially, the proposed project included the construction of an extensive multi-purpose facility that would house the METRO Police Department, a back-up Emergency Operations Center, and Maintenance of Way (MOW) department. Additionally, an ancillary laydown yard would be located immediately north of the facility. Subsequently, however, the proposed development plan was updated to include MOW facilities only. The proposed MOW facility would serve as an ancillary rail maintenance facility composed of a two-story building, surface parking, stormwater detention, and a laydown yardi Designs for the facility are currently under development. The proposed project comprises a total acreage of approximately 5.2 acres, including approximately 2.7 acres for the proposed facility and approximately 2.6 acres for an ancillary laydown yard. The archeological area of potential effects (APE) is the entire 5.2-acre footprint of the proposed project. The maximum anticipated depth of impacts within the location for the proposed facility is not yet known but is not anticipated to be deeper than one meter (3.3 feet) in the footprint of the proposed MOW facility. Impacts within the ancillary laydown yard are anticipated to be negligible. The project is owned by and will be overseen by METRO, a political agency of the State of Texas, rendering the project subject to the Antiquities Code of Texas. Additionally, since the project will be partially funded by Full Funding Grant Agreement North Corridor and Federal Transit Administration (FTA) monies, a federal nexus exists. As a result, compliance with Section 106 of the National Historic Preservation Act, as amended, is required. In May 2020, Cox|McLain Environmental Consulting, Inc. (CMEC) conducted an intensive survey augmented by the excavation of trenches within the footprint of the proposed facility. No subsurface testing was conducted within the location for the ancillary laydown yard due to evidence of extensive surface disturbance and the lack of anticipated sub-surface impacts associated with the current project. The fieldwork was carried out over the course of a single field session (approximately 48 person-hours or 6 person-days) under Texas Antiquities Permit #9413 by archeologists Scotty Moore and Amani Bourji of CMEC. Nine mechanically excavated trenches totaling 44.9 meters (147.3 feet) were placed and investigated. Subsurface investigations revealed the presence of mixed modern materials and historic-age artifacts throughout the APE within a heavily disturbed, and in some places, burned, matrix that extended approximately 1.2 meters (3.9 feet) below the surface. Below this depth, however, three partially intact and in situ cultural features were documented that date to the early twentieth century. These features appear to be related to residential occupation of the Fifth Ward and consisted of a brick-lined cistern, a possible brick/concrete pier, and an in-filled posthole. Sixteen artifacts were identified in association with these features. Based upon the presence of the intact features and artifacts, the investigated area was determined to meet the criteria for archeological sites and was assigned trinomial 41HR1242 by the Texas Archaeological Research Laboratory. Results of the survey indicate that all aboveground remnants of 41HR1242 within the APE have been demolished and/or displaced, but subsurface features and deposits are still present within the project area. One of these features, the brick-lined cistern, exhibits high vertical and horizontal integrity below a depth of approximately 1.2 meters (3.9 feet) and could contribute to the National Registry of Historic Places (NRHP) eligibility of the site under Criterion D (research potential). Moreover, preliminary evidence suggests that some or all of the burned overburden that caps intact features at the site could be the result of the Great Fifth Ward Fire of 1912. As a result, intact features identified within the site may be associated with structures that were destroyed by this fire and may therefore be eligible for inclusion on the NRHP under Criterion A (association with important events). No cultural materials were collected; therefore, only project records will need to be curated per TAC 26.16 and 26.17. Project records will be curated at the CAS at Texas State University where they will be made permanently available to future researchers. The Texas Historical Commission concurred with all recommendations on November 2, 2020. The eligibility status of site 41HR1242 remains undetermined