Current through Reg. 49, No. 38; September 20, 2024
(a)
Purpose. The purpose of this section is to preserve archeological sites through
the implementation of preservation designations, conservation easements, or
through the acquisition of real property by donation or purchase.
(b) Assessment and selection. Selection of
sites for protection is made by the archeology division on the basis of an
assessment of site significance and integrity as stated in §
RSA 25.2
of this title (relating to Determination of Significance). Priority is given to
significant sites that are threatened with damage or destruction. Assessment
and selection of sites for protection may be made in cooperation with
individuals, institutions, non-profit organizations, corporations, and/or state
or federal agencies.
(c) Factors
influencing selections include the following:
(1) potential to contribute to a better
understanding of Texas history;
(2)
importance of the site within the context of a regional culture area;
and
(3) public education and
interpretation potential of the site(s).
(d) For proposed donations and purchases,
assessments and recommendations may also take fiscal implications and other
pertinent information into account.
(e) Protection procedures. The following
procedures will be followed:
(1) All
protective measures for sites on privately owned land will be undertaken only
with the full and voluntary cooperation of the owner(s).
(2) The owner(s) will be informed of the
archeological significance of the sites located on their property and of the
various options available to ensure long-term preservation.
(3) The alternatives for long-term
preservation include, but are not limited to, the following:
(A) donation of the property to the state or
to a suitable nonprofit organization;
(B) purchase of the property by the state or
a suitable nonprofit organization;
(C) assignment of a conservation easement
(Conservation Easement Act, Texas Natural Resources Code, Chapter 183) by
owner(s) to the state or qualified nonprofit organization;
(D) designation of the property as a state
antiquities landmark; and
(E)
nomination of the property to the National Register of Historic
Places.
(4) Where an
archeological site or property containing one or more archeological sites is
acquired for the state through donation or purchase by the commission, the
following conditions shall apply.
(A) The
donation will be unconditional and will reflect full ownership by the
state.
(B) The donation may consist
of surface rights only. Mineral rights in such instances will be retained by
the landowner with the stipulation that all contained archeological deposits
will be protected against any form of land-altering mineral exploration and
development. In the case of donations that include mineral rights, such rights
will be managed by the General Land Office of Texas.
(C) THC commissioners will consider proposals
for donation or purchase and vote to either accept or decline the property
acquisition.
(D) The property to be
acquired will be limited to those areas containing archeological deposits; any
immediately adjacent or contained natural features having direct relevance to
human occupation of the site, such as springs, bedrock exposures, or flint
outcrops; and to access corridors.
(E) The commission may provide for legal
survey, legal description, and deed recording of the acquired
property.
(F) The commission will
supply documentation to the landowner or other entity as required to facilitate
available benefits.
(5)
These conditions do not apply to the acquisition of property through donation
or purchase to a commission historic site, actions which are governed by the
requirements set out in Chapter 16 of this title for commission historic
sites.
(f) The
commission will initiate measures, including the following, to provide for the
long-term protection of archeological sites. Measures may include but are not
limited to:
(1) appointment of a local
professional archeologist, steward, or other avocational archeologist to
examine the property at regular intervals and to report any acts of vandalism
or other damaging activity;
(2)
notification of local law-enforcement officials of the property's protected
status to encourage enforcement of applicable laws; and
(3) placement of permanent signs or markers,
if the placement of such signs or markers does not constitute a threat of harm
to the resource.
