| (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 §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.
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