SECTION 28.3. Procedures

After consultation with affected persons and after due reflection on the commission's obligations under the Antiquities Code of Texas, the commission makes the following determinations of fact and policy:

(1) It is in the public interest of the State of Texas to locate, protect, and preserve all shipwrecks in Texas' submerged lands.

(2) The commission shall determine and designate the site of state archeological landmarks in Texas' submerged lands and remove from the designation certain sites.

(3) The commission shall evaluate lease sales proposed to be conducted in Texas' submerged lands by the School Land Board and may recommend developmental restrictions to be applied to each designated tract which will be published in the Notice for Bids booklet which is distributed by the General Land Office 30 days before each lease sale, and which will forewarn potential lessees of developmental restrictions that apply to the tract.

(4) The commission shall evaluate proposed activities in Texas' submerged lands, and may comment favorably, conditionally, or adversely on applications for permits submitted to the U.S. Army Corps of Engineers, in accordance with applicable rules and orders.

(5) The commission may require persons working in the area of a known shipwreck in Texas' submerged lands to take action approved by the commission to avoid damaging the shipwreck. The commission may require similar action of persons working in an area where there is a likelihood that a shipwreck exists in Texas' submerged lands or where a remote-sensing survey conducted under the provisions of §28.6 of this title has indicated the possible presence of a shipwreck.

(6) All persons shall conduct their activities in Texas' submerged lands in a manner that will avoid damage to shipwrecks in Texas' submerged lands, and that will protect and preserve the cultural resources of Texas.

(7) Any non-shipwreck historic or prehistoric cultural resources in, on, or under the surface of any land, including submerged land, belonging to the State of Texas or to any county, city, or other political subdivision of the state is protected under Chapter 26 of this title.

Source Note: The provisions of this §28.3 adopted to be effective March 18, 2003, 28 TexReg 2316; amended to be effective August 21, 2008, 33 TexReg 6582