| (a) A continuing inventory of nonrenewable archeological
resources is maintained and includes data pertinent to archeological
sites in Texas. Information from other sources is included.
(b) Request for access. Any person who desires access
to the statewide inventory shall make their request in accordance
with the rules set forth in Chapter 24 of this title (relating to
Restricted Cultural Resource Information).
(c) Withholding information. Any specific information
in the inventory of sites may be withheld from publication or from
the public if the state archeologist deems that disclosure would be
likely to result in harm to the resources. Information that may be
withheld includes, but is not limited to, site records, locational
information, notes, photographs, maps, spatial imagery, reports, and
electronic data, including Restricted Cultural Resource Information
contained within the Texas Historic Sites Atlas, as defined in §24.7
of this title (relating to Definitions).
(d) Conditions. Determinations to withhold information
will be made by the state archeologist on the facts of each request
for information and are based on the following conditions:
(1) ownership of the resource, where disclosure of
information may lead to infringement of the legal rights of private
landowners;
(2) significance of the resource, in that significance
reflects the magnitude of potential loss caused by damage to the resource;
(3) quality and amount of evaluative data available
for the resource, in that insufficient data can impede an accurate
determination of the character and significance of the resource;
(4) location of the resource in relation to other nearby
and/or related resources, in that withholding of site location and/or
data may help protect other resources;
(5) existing protective measures in place at the resource,
such as state antiquities landmark designation, conservation easement,
and/or maintenance as a historic site, park or other facility with
on-site supervisory personnel; and
(6) previous and widespread general knowledge of the
location and character of a resource, in that information relating
to well-known landmarks, historic sites, and/or other public resources
will not arbitrarily be withheld.
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