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RULE §28.4State Land Tracts Designated as High Probability

(a) The commission has determined there is substantial evidence of the presence of shipwrecks in certain state land tracts of Texas' submerged lands. Such tracts are designated as high probability tracts by the commission. The list of high probability tracts is maintained by the Texas General Land Office as part of that agency's Resource Management Code system for state-owned submerged lands and is updated as necessary by the commission. This list is available from the Texas General Land Office, Resource Management Division.

(b) The commission shall take action to determine the site, or probable site, of shipwrecks in Texas' submerged lands within a designated state land tract and remove from the designations certain state land tracts in which there has been a determination there is not a substantial probability of finding a shipwreck.

(c) The list of high probability state tracts in state-owned submerged lands is considered only a guide to the probability of the presence or absence of a state archeological landmark or eligible property within a given tract.

(d) Texas' submerged lands not contained within defined state land tracts are generally considered high probability areas and the commission shall determine if a survey is needed within those waters for any given undertaking.

Source Note: The provisions of this §28.4 adopted to be effective March 18, 2003, 28 TexReg 2316; amended to be effective August 21, 2008, 33 TexReg 6582

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