| (23) Destructive analysis--Destroying all or a portion
of an object or sample to gain specialized information. For purposes
of this chapter, it does not include analysis of objects or samples
prior to their being accessioned by a curatorial facility.
(24) Discovery--The act of locating, recording, and
reporting a cultural resource.
(25) Disposal--The discard of an object or sample after
being recovered and prior to accession, or after deaccession.
(26) District--A significant concentration, linkage,
or continuity of sites, buildings, structures, or objects unified
historically or aesthetically by plan or physical development. See
also "designated historic district."
(27) Eligible--Archeological sites or other historic
properties that meet the criteria set forth in §§26.10 -
26.12 and §26.19 of these titles (relating to Criteria for Evaluating
Archeological Sites and Verifying Cemeteries, Criteria for Shipwrecks,
Criteria for Evaluating Caches and Collections, and Criteria for Evaluating
Historical Buildings and Structures, respectively) are eligible for
official landmark designation.
(28) Exhumation--The excavation of human burials or
cemeteries and its associated funerary objects by a professional archeologist,
or principal investigator.
(29) Groundbreaking--Construction or earth moving activities
that disturb lands owned or controlled by state agencies or political
subdivisions of the state.
(30) Held-in-trust collection--Those state-associated
collections under the authority of the commission that are placed
in a curatorial facility for care and management; stewardship is transferred
to that curatorial facility but not ownership.
(31) Historic buildings and structures permit--Historic
buildings and structures permits are those issued for work to buildings,
structures, cultural landscapes, and non-archeological sites, objects,
and districts designated or nominated for designation as landmarks.
(32) Historic property--A district, site, building,
structure or object significant in American history, architecture,
engineering, archeology or culture.
(33) Historic time period--For the purposes of landmark
designation, this time period is defined as extending from A.D. 1500
to 50 years before the present.
(34) Human remains--The body of a decedent.
(35) Integrity--The authenticity of a property's historic
identity, evidenced by the survival of physical characteristics that
existed during the property's historic or prehistoric period, including
the property's location, design, setting, materials, workmanship,
feeling, and association.
(36) Interment--The intended permanent disposition
of human remains by entombment, burial, or placement in a niche.
(37) Investigation--Archeological or architectural
activity including, but not limited to: reconnaissance or intensive
survey, testing, exhumation, or data recovery; underwater archeological
survey, test excavation, or data recovery excavations; monitoring;
measured drawings; or photographic documentation.
(38) Investigative firm--A company or scientific institution
that has full-time experienced research personnel capable of handling
investigations and employs a principal investigator, and/or project
architect, or other project professional as applicable under "professional
personnel" in paragraph (52) of this section. The company or institution
holds equal responsibilities with the professional personnel to complete
requirements under an Antiquities Permit.
(39) Land-owning or controlling agency--Any state agency
or political subdivision of the state that owns or controls the land(s)
in question.
(40) Landmark--A State Antiquities Landmark.
(41) Marker--An informational aluminum sign erected
by or with the permission of the Texas Historical Commission.
(42) Mitigation--The amelioration of the potential
total or partial loss of significant cultural resources. For example,
mitigation for removal of a deteriorated historic building feature
might include photographs and drawings of the feature, and installing
a replacement that matches the original in form, material, color,
etc. Mitigation for the loss of an archeological site might be accomplished
through data recovery actions, to preserve or recover an appropriate
amount of data by application of current professional techniques and
procedures, as defined in the permit's scope of work.
(43) Monument--Includes features planted, built, or
installed that commemorate or designate the importance of an event,
person, or place, which may or may not be located at the site(s) they
commemorate, such as stone or metal monuments and statuary as well
as trees, shrubs, designed landscapes, and other plantings located
on public grounds such as courthouse squares and parks. Aluminum markers
erected by or with the permission of the commission are not included
in this definition
(44) National Register of Historic Places--A register
of districts, sites, buildings, structures, and objects significant
in American history, architecture, archeology, and culture maintained
by the United States Secretary of the Interior. Information concerning
the National Register of Historic Places is available through the
commission or from the National Park Service at www.nps.gov/nr.
(45) Object--The term "object" can refer to artifacts
or is a type of structure that is primarily artistic in nature or
are relatively small in scale and simply constructed. Although it
may be, by nature or design, movable, an object is associated with
a specific setting or environment. Examples of objects include artifacts,
monuments, markers, and sculpture.
(46) Permit application offense--Failure to properly
apply for a permit and/or receive authorization for an emergency permit
by the commission, prior to the actual performance of an archeological
investigation or other project work.
(47) Permit censuring--A restriction in the ability
of a principal investigator or other professional personnel and/or
an investigative firm or other professional firm to be issued a permit
under the auspices of the Antiquities Code of Texas.
(48) Permittee--The landowning or controlling individual
or, public agency and/or a project sponsor that is issued an Antiquities
Permit for an archeological investigation or other project work.
(49) Political subdivision--A unit of local government
created and operating under the laws of this state, including a city,
county, school district, or special district created under the Texas
Constitution.
(50) Prehistoric time period--For the purpose of landmark
designation, a time period that encompasses a great length of time
beginning when humans first entered the New World and ending with
the arrival of the Spanish Europeans, which has been approximated
for purposes of these guidelines at A.D. 1500.
(51) Professional firm--A company or scientific institution
that has professional personnel who meet the required qualifications
for specific types of work. The company or institution holds equal
responsibilities with the professional personnel to complete requirements
under an Antiquities Permit.
(52) Professional personnel--Trained specialists who
meet the professional qualifications standards in §26.4 of this
title (relating to Professional Qualifications and Requirements) and
are required to perform archeological and architectural investigations
and project work.
(53) Project--Activity on a cultural resource including,
but not limited to: investigation, survey, testing, excavation, restoration,
demolition, scientific or educational study.
(54) Project sponsor--A public agency, individual,
institution, investigative firm or other professional firm, organization,
corporation, contractor, and/or company paying costs of archeological
investigation or other project work, or that sponsors, funds, or otherwise
functions as a party under a permit.
(55) Public agency--Any state agency or political subdivision
of the state.
(56) Public lands--Non-federal, public lands that are
owned or controlled by the State of Texas or any of its political
subdivisions, including the tidelands, submerged land, and the bed
of the sea within the jurisdiction of the State of Texas.
(57) Recorded archeological site--Sites that are recorded,
listed, or registered with an institution, agency, or university,
such as the Texas Archeological Research Laboratory of the University
of Texas at Austin.
(58) Register of professional archeologists--A voluntary
national professional organization of archeologists which registers
qualified archeologists.
(59) Research design--A written theoretical approach
and a plan for implementing fieldwork that also explains the goals
and methods of the investigation. A research design is developed prior
to the implementation of the field study and submitted with a completed
Archeological Permit Application.
Cont'd... |
