| (a) Qualified applicants
meeting one or more of the following criteria may be granted access
by the THSA Coorinator:
(1) Meet the Secretary
of Interior's Professional Qualifications Standards (36 CFR Part 61)
for Archeology.
(2) Meet the definition
of professional archeologist, or principal investigator as defined
by §26.4 of this title (relating to Definitions).
(3) Be a current member
of the Texas Archeological Stewardship Network.
(b) Applications from
persons not meeting the criteria set forth in subsection (a) of this
section must have a clear and legitimate scientific or legal interest
in being granted access to RCRI. Their applications will be reviewed
by the access committee, and access will be granted or denied by the
committee as specified in §24.19 of this title (relating to Restricted
Information Application Submission and Review Procedures).
(c) If an applicant is
denied access to RCRI, the applicant may appeal that decision before
the commission at one of its regularly scheduled public meetings.
Appeals must be submitted in writing to the commission at least 30
days prior to a scheduled meeting of the commission.
(d) Limitations on access
to RCRI.
(1) Firms engaged in
the business of cultural resource management for profit that do not
have a qualified staff archeologist do not have a legitimate scientific
or legal interest and may not be granted access to RCRI.
(2) Entities granted
access to RCRI solely on the basis of ownership shall be granted access
only to information on the sites they actually own, to the extent
it is practical to limit such access. They shall not be granted statewide
access to the restricted portion of the THSA.
(3) Technical support
personnel working with and under the supervision of a currently authorized
RCRI user who has a legitimate scientific or legal interest may be
granted access.
(4) College students
must submit a letter from a sponsoring professor, verifying their
need to access the restricted data of the THSA together with the RCRI
application form. If access is approved, students must work under
the supervision of a currently-authorized RCRI user.
|
| Source Note: The provisions of this §24.17 adopted to be effective December 6, 1998, 23 TexReg 11920; amended to be effective November 28, 2012, 37 TexReg 9353; amended to be effective August 16, 2016, 41 TexReg 5996; amended to be effective July 20, 2020, 45 TexReg 4966 |
