SECTION 25.7. Protection of Archeological Sites

(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.

Source Note: The provisions of this §25.7 adopted to be effective May 20, 2013, 38 TexReg 2977