13 TAC §26.5, §26.27
The Texas Historical Commission adopts amendments to §26.5
and §26.27 (relating to Definitions and Disposition of Archeological
Artifacts and Data) of Title 13, Part 2, Chapter 26 of the Texas Administrative
Code, with changes to the proposed text as published in the March 9, 2001,
issue of the
Texas Register
(26 TexReg 1921).
These changes are needed to clarify the intent of the commission regarding
the collection, curation, deaccessioning, disposal, and destructive analysis
of artifacts recovered under either permit or contracts issued by the commission.
The Texas Natural Resources Code provides for the protection of these artifacts
and assigns the Texas Historical Commission as the legal custodian of these
artifacts. The revised sections establish a process for ensuring that the
artifacts are properly curated, recorded, and, if appropriate, disposed of
in conformance with appropriate standards established by the Commission.
Comments were received regarding adoption of these amendments from the
President of the Council of Texas Archeologists (CTA) and several other members
of CTA. The over-all theme of these fairly uniform comments concerned language
within the proposed amendments to, and some existing language within §26.27.
These comments primarily involve a request to remove all references within §26.27
to the accreditation of curatorial facilities by the Accreditation and Review
Council of the Council of Texas Archeologists. Many CTA members are concerned
that references to that non-profit organization's accreditation process within
the rules of the THC could be incorrectly perceived as part of an official
state regulatory process that might create unintended liability problems for
CTA. The THC understands these concerns and has agreed to remove such references
to the amendments that are proposed for adoption. The THC will also continue
to work with CTA to amend other portions of these rules that deal with the
issue of the CTA accreditation process.
The amendments are adopted under Section 442.005(q), Title 13
Part 2 of the Texas Government Code, and Section 191.052 of the Texas Natural
Resources Code, which provides the Texas Historical Commission with the authority
to promulgate rules and conditions to reasonably effect the purposes of this
chapter. No other statues, articles, or codes are affected by these amendments.
These adopted rule amendments implement Section 442.005(b) of the Texas
Government Code and Section 191.058(a-c) of the Texas Natural Resources Code.
§26.5.Definitions.
The following words and terms, when used in this chapter and the Antiquities
Code of Texas, shall have the following meanings unless the context clearly
indicates otherwise.
(1)
Accession--the formal acceptance of a collection and its
recording into the holdings of a curatorial facility.
(2)
Antiquities--the tangible aspects of the past, which relate
to human life and culture. Some examples include objects, written histories,
architectural significance, cultural traditions and patterns, art forms, and
technologies.
(3)
Antiquities Advisory Board--a ten-member board that assists
the Texas Historical Commission in reviewing matters related to the Antiquities
Code of Texas.
(4)
Appropriate historical or archeological authorities--for
purposes of implementing the Antiquities Code of Texas, the Texas Historical
Commission, P.O. Box 12276, Capital Station, Austin, Texas 78711-2276, is
the statutorily created body responsible for protecting and preserving State
Archeological Landmarks, Texas Natural Resources Code of 1977, Title 9, Chapter
191. In cases where federal statutes apply, appropriate authorities include
the Secretary of the Interior, the State Historic Preservation Officer, and
their designated representatives.
(5)
Archeological site--any place containing evidence of human
activity, including but not limited to the following:
(A)
Habitation sites. Habitation sites are areas or structures
where people live or have lived on a permanent or temporary basis. Standing
structures may or may not be present. Habitation sites may also contain evidence
of activities that are listed in the following as site types in the non-habitation
category.
(i)
Campsites.
(I)
Native American open campsites were occupied on a temporary,
seasonal, or intermittent basis. Evidence of structures may or may not be
present. Native American campsites of both periods may have accumulations
of shell or burned rock as well as hearths, hearth fields, bedrock mortars,
burials, and/or scatters or accumulations of ceramics, stone debitage, flaked
tools, and grinding stones. Campsites vary in size from a few square meters
to several hectares. Additionally, Native American sites near missions, forts,
and trading posts were present during the historic period. These sites, termed
encampments, are of varying degrees or permanence with the site generally
being continuously occupied but not necessarily by the same group, tribe,
or culture.
(II)
Native American rock shelters, in general, are a special
kind of campsite. These sites are located in caves or under rock overhangs
and have been occupied either temporarily, seasonally, or intermittently.
Many articles of perishable materials such as clothing, basketry, sandals,
and matting may be preserved if the shelter is located in an arid environment.
Shelter sites include not only the shelter area itself, but also the area
of debris accumulation located in the immediate vicinity that is the result
of activity by those occupying the rock shelter. Associated hearths, burials,
bedrock mortars, dumps, etc., may be present. Rock shelters vary in size from
an area large enough to accommodate only one person to areas of several hundred
meters in the largest dimension.
(III)
Non-Native American campsites are the cultural remains
of activities by people who are not Native American. Examples are sites that
represent the activities of railroad workers, military units, settlers, slaves
and other groups as yet unidentified. These sites include the area and remains
of temporary encampments such as Chinese railroad camps, wagon train campsites,
shepherd shelters, line camps, buffalo hunter camps, cavalry campgrounds,
trail drive camps, camps at river fords, candelilla wax camps, and others.
(ii)
Residence sites.
(I)
Residence sites are those where routine daily activities
were carried out and which were intended for year-round use. A greater degree
of permanence is implied in a residence site than a campsite; therefore, structural
evidence in the form of post molds, foundations, and so forth is more likely
to be present. Examples include remains of cabins, dugouts, farmhouses, ranch
headquarters, plantation residences, slave quarters, and urban homes, as well
as teepee rings, pueblos, and Caddoan houses constructed by Native Americans.
(II)
Residence sites resulting from Native American activities
may include additional features and structures including hearths, retaining
walls, enclosures, compounds, patios, burials, cemeteries, mounds, platforms,
and borrow areas, as well as scatters and accumulations of stone debitage,
ceramic debitage, burned rock, flaked tools, grinding tools, grinding stones,
and bedrock mortars.
(III)
Non-Native American sites may include, in addition to
the main structure, outbuildings, water systems, trash dumps, garden areas,
driveways, and other remains that were an integral part of the site when it
was inhabited. Examples of structures or structural remains which might be
present in addition to the residence include, but are not limited to, barns,
silos, cisterns, corrals, wells, smokehouses, stables, gazebos, carriage houses,
fences, walls, corn cribs, gins or mills, cellars, kitchens, and bunkhouses.
Family cemeteries are often associated with early historic sites.
(B)
Non-habitation sites. Non-habitation sites result from
use during specialized activities and may include standing structures. Descriptions
of each kind of site are given.
(i)
Rock art and graffiti sites consist of symbols or representations
that have been painted, ground, carved, sculpted, scratched, or pecked on
or into the surface of rocks, wood, or metal. Names, dates, symbols, and representations
or likenesses of people, animals, plants, or objects are common elements in
such sites.
(ii)
Mines, quarry areas, and lithic procurement sites are
those from which raw materials such as flint, clay, coal, minerals, or other
materials were collected or mined for future use. Sites where flint was obtained
can be identified by the abundance of flint flakes, broken tools, and flint
cobbles. Mines often have associated structures such as head frames, support
timbers, and transportation facilities.
(iii)
Game procurement and processing sites are areas where
game was killed or butchered for food or hides. Remnants of structures such
as game runs, hunting blinds, and fish weirs as well as stone, bone, and metal
tools may be present in association with animal remains. Often the animal
remains form a bone bed with cultural material dispersed sparsely among the
bones.
(iv)
Engineering structures such as aqueducts, irrigation canals
and ditches, earthen mounds, ramps, platforms, terraces, dams, bordered and
leveled fields, constructed trails, medicine wheels, bridges, tunnels, shafts,
roads, rock fences, dams, lighthouses, and railroad, streetcar, and thoroughfare
systems are the most common, but not the only kinds of engineering structures.
(v)
Cemeteries and burials, marked and unmarked, are special
locales set aside for burial purposes. Cemeteries contain the remains of more
than one person placed in a regular or patterned order. Burials, in contrast,
may contain the remains of one or more individuals located in a common grave
in a locale not formerly or subsequently used as a cemetery. The site area
encompasses the human remains present and also gravestones, markers, containers,
coverings, garments, vessels, tools, and other goods, which may be present.
Cemeteries and burials that are publicly owned and are of prehistoric origin
(i.e., dating prior to A.D. 1500), or classified as historic, are protected
under the Antiquities Code. Cemeteries are considered historic if interments
within the cemetery occurred at least fifty (50) years ago. Individual burials
within a cemetery are not considered historic unless the interments occurred
at least fifty (50) years ago.
(vi)
Fortifications, battlefields, and skirmish sites include
fortifications of the historic period and the central areas of encounters
between opposing forces, whether major battleground or areas of small skirmishes.
Trenches, mounds, walls, bastions, and other fortifications may be present.
Trash dumps will also be considered a part of the site. Included here are
battlefields of the Civil War, the Texas War for Independence, the Mexican
War, and skirmish sites between non-native American and Native American forces.
Standing structures may or may not be present.
(vii)
Public service and ceremonial sites include, but are
not limited to, kivas, temple mounds, shrines, missions, churches, libraries,
museums, educational institutions, courthouses, fire stations, and hospitals.
Standing structures may or may not be present.
(viii)
Commercial business structures and industrial structures
and sites where products or services are produced, stored, distributed, or
sold include, but are not limited to, markets, stores, shops, banks, hostels,
stables, inns, stage stops, breweries, bakeries, factories, kilns, mills,
storage facilities, and railroad, bus and tramway depots. Trash or dump deposits,
outbuildings, wells, cisterns, and other features associated with the principal
structures are considered to be a part of these sites.
(ix)
Monuments and markers include structures erected to commemorate
or designate the importance of an event, person, or place, and may or may
not be located at the sites they commemorate. Included in this category are
certain markers erected by the Texas Historical Commission and county historical
commissions, and markers and statuary located on public grounds such as courthouse
squares and the Capitol grounds. Examples of such sites constructed by Native
Americans will be included in this category upon identification.
(x)
Shipwrecks by definition, Texas Natural Resource Code, §191.091,
also include the wrecks of naval vessels, Spanish treasure ships, coastal
trading schooners, sailing ships, steamships, and river steamships, among
others.
(6)
Board--the board of the Texas Historical Commission.
(7)
Commission--the Texas Historical Commission and its staff.
(8)
Committee, or Antiquities Committee, or Texas Antiquities
Committee--as redefined by the 74th Texas Legislature within §191.003
of the Antiquities Code, the committee means the Texas Historical Commission
and/or staff members of the Texas Historical Commission.
(9)
Contract Archeologist--a professional archeologist who
performs or directs archeological investigations under contract.
(10)
Council of Texas Archeologists--a non-profit voluntary
organization that promotes the goals of professional archeology in the State
of Texas.
(11)
Council of Texas Archeologists Guidelines--professional
and ethical standards which provide a code of self regulation for archeological
professionals in Texas with regard to field methods, reporting, and curation.
(12)
Conservation--scientific laboratory process for cleaning,
stabilizing, restoring, and preserving artifacts.
(13)
Cultural resource--any building, site, district, structure,
object, pre-twentieth century shipwreck, data, and locations of historical,
archeological, educational, or scientific interest, including, but not limited
to, prehistoric and historic Native American or aboriginal campsites, dwellings,
and habitation sites, archeological sites of every character, treasure embedded
in the earth, sunken or abandoned ships and wrecks of the sea or any part
of the contents thereof, maps, records, documents, books, artifacts, and implements
of culture in any way related to the inhabitants' prehistory, history, natural
history, government, or culture. Examples of cultural resources include Native
American mounds and campgrounds, aboriginal lithic resource areas, early industrial
and engineering sites, rock art, early cottage, and craft industry sites,
bison kill sites, cemeteries, battlegrounds, all manner of historical structures,
local historical records, etc.
(14)
Curatorial Facility--is a museum, school of higher education,
cultural resource management firm, or governmental agency that engages in
the conservation, storage, and/or displays archeological or other cultural
artifacts.
(15)
Data Recovery--an excavation mode of archeology and a
form of mitigation. The evidence from a skillfully accomplished archeological
excavation provides a detailed picture of the human activities at the site;
emphasis is placed on evidence rather than artifacts. In data recovery, the
archeological deposits are removed by digging and so destroyed. The destruction
can be justified only if:
(A)
it is done with such care that all antiquities and all
cultural and environmental data in the area excavated are discovered, and
if possible, preserved, however faint the surviving trace may be;
(B)
appropriate information has been accurately recorded, whether
its importance is immediately recognized or not, to remain available after
the site has disappeared; and
(C)
the record and results of the investigation are rapidly
made available through publication.
(16)
Deaccession--the permanent removal of an object or collection
from the holdings of a curatorial facility.
(17)
Default--failure to fulfill all conditions of a permit
or contract, issued or granted to permittee(s), sponsors, principal investigators,
and co-principal investigators.
(18)
Defaulted permit--a permit that has expired without all
permit terms and conditions having been met.
(19)
Designated historic district--areas of archeological or
historical significance indicated by listing on, or determined eligible for
inclusion in, the National Register of Historic Places, designated as State
Archeological Landmarks, or considered eligible for designation as State Archeological
Landmarks, or have been identified by State agencies, or political subdivisions
of the State as historically sensitive sites, districts, or areas. This includes
designations by local landmarks commissions, boards, or other public authority,
and/or through local preservation ordinances.
(20)
Destructive analysis--destroying all or a portion of an
object or sample to gain specialized information. For purposes of these rules,
it does not include analysis of objects or samples prior to their being accessioned
by a curatorial facility.
(21)
Discovery--the act of locating, recording, and reporting
a cultural resource.
(22)
Disposal--the discard of an object or sample after being
recovered and prior to accession.
(23)
Environmental Data--presently available information as
well as data derived as an adjunct to an archeological investigation, which
includes, but is not limited to, area drainage, physiography, surface and
subsurface geology, soils, flora, fauna, climate, the alteration of prehistoric
and historic landforms, and so forth. The implications of present and/or hypothetical
micro-environments should be presented when sufficient data allow for such
inferences. The above elements of the environment through time must be considered
during attempts to reconstruct past technological subsistence and settlement
patterns.
(24)
Emergency Permit--a permit that authorizes investigations
to be performed prior to the formal application for those investigations.
This permit will only be issued under emergency conditions when archeological
deposits are discovered during development or other construction projects,
or under conditions of natural or man-made disasters that necessitate immediate
action to deal with the findings.
(25)
Held-in-trust collection--the associated set of objects,
samples, records, or documents generated during investigations conducted on
public lands or under public waters in the state of Texas under antiquities
permits issued by the commission. A collection may consist only of records
or documents.
(26)
Historic time period--for the purposes of State Archeological
Landmark designation, this time period is defined as extending from A. D.
1500 to 50 years before the present.
(27)
Investigation--archeological or architectural activity
including, but not limited to, reconnaissance or intensive survey, testing,
or data recovery; preservation of rock art; underwater archeological survey,
test excavation, or data recovery excavations; monitoring; measured drawings,
or photographic documentation.
(28)
Investigative Firm--a company or scientific institution
that have full-time experienced research personnel capable of handling archeological
investigations and employs a principal investigator. The company or institution
must provide adequate field equipment and laboratory facilities for analysis,
interpretation, and storage, and must have the technical capability to produce
a finished report on any investigation. The company or institution holds equal
responsibilities with the principal investigator to complete all requirements
under an Antiquities Permit.
(29)
Land owning or controlling agency--any state agency or
political subdivision of the state that owns or controls the land(s) in question.
(30)
Local Society--any historical preservation group, archeological
society, or other community group whose aim is related to or involved in architectural
or archeological site preservation.
(31)
Mitigation--the amelioration of potential total or partial
loss of significant cultural resources, accomplished through pre-planned 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. Following any mitigation or data recovery investigation, a
clearance letter may be issued by the commission, which authorizes destruction
of all or part of a cultural resource without an Antiquities Permit.
(32)
Monitoring--the on-site presence of a professional archeologist
or architect to observe construction activities that could or will alter cultural
resources and to report findings and effects.
(33)
National Register--the National Register of Historic Places
is a register of districts, sites, buildings, structures, and objects significant
in American history, architecture, archeology, and culture maintained by the
Secretary of the Interior. Information concerning the National Register is
available through the State Historic Preservation Officer, Texas Historical
Commission, P. O. Box 12276, Capitol Station, Austin, Texas 78711-2276.
(34)
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 or architectural
investigation.
(35)
Permit Censuring--a restriction in the ability of a principal
investigator and investigative firm to be issued a permit under the auspices
of the Antiquities Code of Texas.
(36)
Permittee--an individual, institution, investigative firm,
or company issued an Antiquities Permit for any archeological investigation
or historic preservation activity.
(37)
Political subdivision--a local government entity created
and operating under the laws of this state, including a city, county, school
district, or special district created under the Texas Constitution, Article
III, §52(b)(1) or (2), or Article XVI, §59.
(38)
Prehistoric time period--for the purpose of State Archeological
Landmark designation, a time period that encompasses a great length of time
beginning when man 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.
(39)
Professional personnel--appropriately trained specialists
required to perform adequate archeological and architectural investigations.
These personnel include the following:
(A)
Principal investigator. A professional archeologist with
demonstrated competence in field archeology and laboratory analysis, as well
as experience in administration, logistics, personnel deployment, report publication,
and fiscal management. In addition to these criteria the principal investigator
shall:
(i)
hold a graduate degree in anthropology/archeology, or closely
related field such as, geography, geology, or history, if their degree program
also included formal training in archeological field methods, research, and
site interpretation from an accredited institution of higher education; and/or
be accredited by the Register of Professional Archeologists (RPA) with emphasis
in field research, historical archeology, or underwater archeology as appropriate;
and/or have successfully completed investigations under an Antiquities Permit;
and/or hold an active permit not in default, prior to the date that these
rules become effective;
(ii)
not hold one or more defaulted permits;
(iii)
have at least twelve months of full-time experience in
a supervisory role involving complete responsibility for a major portion of
a project of comparable complexity to that which is to be undertaken under
permit;
(iv)
have demonstrated the ability to disseminate the results
of an archeological investigation in published form conforming to current
professional standards;
(v)
remain on-site a minimum of 25% of the time required for
the field investigation, and whose names must appear on the project report;
(vi)
provide a field archeologist to supervise the field investigation
in his or her absence; and
(vii)
testify concerning report findings in the interest of
controversy or challenge.
(B)
Professional archeologist. One who has a degree in anthropology/
archeology or closely related field if that degree also included formal training
in archeological field methods, research, and site interpretation, conducts
archeological investigations as a vocation, and whose primary source of income
is from archeological work. Qualifications for specialized types of professional
archeologists are listed below.
(i)
Prehistoric Archeologist. One who is a professional archeologist
and, in addition, meets the following conditions:
(I)
has been trained in the field of prehistoric archeology;
(II)
has a minimum experience of two comprehensive archeological
field seasons of three to six months in length on archeological site(s) that
contain prehistoric (pre-16th century) archeological deposits; and
(III)
has published the results of those prehistoric archeological
investigations in scholarly journals or publications.
(ii)
Historic archeologist. One who is a professional archeologist
and, in addition, meets the following conditions:
(I)
has been trained in the field of historical archeology;
(II)
has a minimum experience of two comprehensive archeological
field seasons of three to six months in length on archeological site(s) that
contain historic (post-16th century) archeological deposits; and
(III)
has published the results of those historical archeological
investigations in scholarly journals or publications.
(iii)
Underwater archeologist. One who is a professional archeologist
and, in addition, is a competent diver with a minimum of two full seasons
in underwater archeological testing or excavation projects. Training and experience
sufficient for safe and proficient use of the specialized underwater remote
sensing survey, excavation and mapping techniques, and equipment are required.
(iv)
Underwater archeological surveyor. One who has training
and experience sufficient for safe and proficient supervision of appropriate
remote sensing survey equipment operation, as well as for interpretation of
survey data for anomalies and geomorphic features that may have some probability
of association with submerged aboriginal sites and sunken vessels. This individual
may represent the archeological interests on board the survey vessel in the
absence of an underwater archeologist, as defined in subparagraph (B)(iii)
of this definition.
(C)
Project architect. A professional architect who is a qualified
architect and has had full-time experience in a supervisory role on at least
one historic preservation project. The project architect must be involved,
at a minimum, in 25% of the time required for an historic structures permit
project and, when not involved with the project, must assign a qualified historic
architect to supervise the preservation project.
(D)
Historic architect. One who has a professional degree in
architecture or a state license to practice architecture, plus one of the
following:
(i)
at least one year of graduate study in architectural preservation,
American architectural history, preservation planning, or closely related
field: or
(ii)
at least one year of full-time professional experience
on historic preservation projects to include experience on projects similar
to the project to be permitted; detailed investigations of historic structures;
preparation of historic structures research reports; and preparation of plans
and specifications for preservation projects.
(E)
Historian. The minimum professional qualifications are
a graduate degree in history or closely related field; or a bachelor's degree
in history or a closely related field plus one of the following:
(i)
at least 2 years of full-time experience in research, writing,
teaching, interpretation, or other demonstrable professional activity with
an academic institution, historical organization or agency, museum, or other
professional institution; or
(ii)
substantial contribution through research and publication
to the body of scholarly knowledge in the field of history.
(F)
Geomorphologist or Geoarcheologist. A person that holds
a graduate degree in geology, geomorphology, archeology, or other closely
related field, and has had sufficient training to adequately evaluate the
sedimentology, stratigraphy, and pedology of deposits in the field and be
competent to describe and analyze the deposits using standard terminology
and methods. This person should also have general archeological experience
in area in which the investigations are to occur.
(40)
Project sponsor--an individual, institution, investigative
firm, or company paying costs of archeological investigation or historic preservation
activity.
(41)
Public agency or agencies--any state agency or political
subdivision of the State.
(42)
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.
(43)
Reconnaissance--a literature search and record review
plus an on-the-ground surface examination of selected portions of an area
adequate to assess the general nature of the resource probably present. Shovel
test excavations may be required to help identify some sites. This level of
investigation is appropriate to preliminary planning decisions and will be
of assistance in determining viable project alternatives. A reconnaissance
does not preclude a survey and cannot be used for the purposes of achieving
construction clearance.
(44)
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.
(45)
Recovered Artifacts--an object or sample has been removed
from the site where it was found.
(46)
Register of Professional Archeologists--a voluntary national
professional organization of archeologists which registers qualified archeologists.
(47)
Research design--a theoretical approach taken prior to
implementation of a field study and submitted with an archeological permit
application from and which is essential to the success of scientific objectives,
resource management decision-making, and project management.
(48)
Rock art--all manner of carvings, scratchings, and paintings
on rock which relate to human life and culture, including, but not limited
to, Native American pictographs and petroglyphs, historical graffiti and inscriptions,
and religious and genealogical records.
(49)
Ruins--an historic or prehistoric site, composed of both
archeological and structural remains, in which the structure is in a state
of collapse or deterioration to the point that the original roof and/or flooring
and/or walls are either missing, partially missing, collapsed, partially collapsed,
or seriously damaged through natural forces or structural collapse. Ruins
are considered archeological sites and the original structure of a ruin must
be at least 100 years old. Historic structures recently damaged or destroyed
are not classified as ruins.
(50)
Scope of work--the methodological techniques used to perform
the archeological or architectural investigations under permit.
(51)
Significance--a trait attributable to sites, buildings,
structures and objects of historical, architectural, and archeological (cultural)
value which are eligible for designation to State Archeological Landmark status
and protection under the Antiquities Code of Texas. Similarly, a trait attributable
to properties included in or determined eligible for inclusion in the National
Register of Historic Places.
(52)
Site--a shortened term meaning any place containing evidence
of human activity, a cultural resource, or an archeological site.
(53)
Sponsor--an agency, individual, institution, investigative
firm, organization, corporation, subcontractor, and/or company paying costs
of archeological investigation or historic preservation activity or that sponsors,
funds, or otherwise functions as a party under a permit.
(54)
State agency--a department, commission, board, office,
or other agency that is a part of state government and that is created by
the constitution or a statute of this state. The term includes an institution
of higher education as defined by the Texas Education Code, §61.003.
(55)
State Archeological Landmark--any cultural resource or
site located in, on, or under the surface of any lands belonging to the State
of Texas or any county, city, or other political subdivision of the state,
or a site officially designated as a landmark at an open public hearing before
the commission.
(56)
State Historic Preservation Officer--the official within
each state authorized by the state, at the request of the Secretary of the
Interior, to act as liaison for purposes of implementing the National Historic
Preservation Act. In Texas, the Executive Director of the commission is designated
as the State Historic Preservation Officer.
(57)
Survey--an intensive on-the-ground pedestrian survey to
provide for the determination of the number and extent of the resources present
and their scientific importance. Shovel testing may be required to locate
sites when the ground surface is obscured or to determine the horizontal limit
of buried archeological deposits. Following any survey investigation, a clearance
letter may be issued by the committee, which authorizes destruction of all
or part of a cultural resource without an Antiquities Permit.
(58)
Testing--application of current archeological techniques
to the investigation and evaluation of one or more sites. Testing must be
accomplished in such a way as to recover the adequate amount of archeological,
historical, and scientific data through detailed examination of a representative
sample of the site or sites. Testing must result in the recovery of data,
specimens, and samples relating to the total cultural content of the site
or sites. Results of testing will be utilized in preservation of the remaining
portions of the resource. Following any testing investigation, a clearance
letter which authorizes destruction of all or part of a cultural resource
without an Antiquities Permit may be issued by the commission.
§26.27.Disposition of Archeological Artifacts and Data.
(a)
Processing. Investigators who receive permits shall be
responsible for cleaning, conserving, cataloguing, and preserving all collections,
specimens, samples, and records, and for the reporting of results of the investigation.
(b)
Ownership. All specimens, artifacts, materials, and samples
plus original field notes, maps, drawings, photographs, and standard state
site survey forms, resulting from the investigations remain the property of
the State of Texas. Certain exceptions left to the discretion of the commission
are contained in the Texas Natural Resources Code, §191.052 (b). The
commission will determine the final disposition of all artifacts, specimens,
materials, and data recovered by investigations on State Archeological Landmarks
or potential landmarks, which remain the property of the State. Antiquities
from State Archeological Landmarks are of inestimable historical and scientific
value and should be preserved and utilized in such a way as to benefit all
the citizens of Texas. It is the rule of the commission that such antiquities
shall never be used for commercial exploitation.
(c)
Housing, conserving, and exhibiting antiquities from State
Archeological Landmarks.
(1)
After investigation of a State Archeological Landmark has
culminated in the reporting of results, the antiquities will be permanently
preserved in research collections at the curatorial facility approved by the
commission. Prior to the expiration of a permit, proof that archeological
collections and related field notes are housed in a curatorial facility is
required. Failure to demonstrate proof before the permit expiration date may
result in the principal investigator and co-principal investigator falling
into default status.
(2)
By December 31, 2002, institutions that curate artifacts
recovered under Antiquities Permit(s) must be accredited through the Council
of Texas Archeologists Accreditation and Review Council accreditation program.
Institutions housing antiquities from State Archeological Landmarks will also
be responsible for adequate security of the collections, continued conservation,
periodic inventory, and for making the collections available to qualified
institutions, individuals, or corporations for research purposes.
(3)
Exhibits of materials recovered from State Archeological
Landmarks will be made in such a way as to provide the maximum amount of historical,
scientific, archeological, and educational information to all the citizens
of Texas. First preference will be given to traveling exhibits following guidelines
provided by the commission and originating at an adequate facility nearest
to the point of recovery. Permanent exhibits of antiquities may be prepared
by institutions maintaining such collections following guidelines provided
by the commission. A variety of special, short-term exhibits may also be authorized
by the commission.
(d)
Access to antiquities for research purposes--antiquities
retained under direct supervision of the commission will be available under
the following conditions:
(1)
Request for access to collections must be made in writing
to the curatorial facility holding the collections indicating to which collection
and what part of the collection access is desired; nature of research and
special requirements during access; who will have access, when, and for how
long; type of report which will result; and expected date of report.
(2)
Access will be granted during regular working hours to
qualified institutions or individuals for research culminating in non-permit
reporting. A copy of the report will be provided to the commission.
(3)
Data such as descriptions or photos when available will
be provided to institutions or individuals on a limited basis for research
culminating in nonprofit reporting. A copy of the report will be provided
to the commission.
(4)
Access will be granted to corporations or individuals preparing
articles or books to be published on a profit-making basis only if there will
be no interference with conservation activities or regular research projects;
photos are made and data collected in the facility housing the collection;
arrangements for access are made in writing at least one month in advance;
cost of photos and data and a reasonable charge of or supervision by responsible
personnel are paid by the corporation or individual desiring access; planned
article or publication does not encourage or condone treasure hunting activity
on public lands, State Archeological Landmarks, or National Register sites,
or other activities which damage, alter, or destroy cultural resources; proper
credit for photos and data are indicated in the report; a copy of the report
will be provided to the commission.
(5)
The commission may maintain a file of standard photographs
and captions available for purchase by the public.
(6)
A written agreement containing the appropriate stipulations
will be prepared and executed prior to the access.
(7)
Institutions, organizations, and agencies designated by
the commission as depositories for antiquities collections shall promulgate
reasonable rules and regulations governing access to those collections in
their custody.
(e)
Pursuant to Texas Natural Resources Code §§191.091-092,
all antiquities found on land or under waters belonging to the State of Texas
or any political subdivision of the State belong to the State of Texas. The
commission is charged with the administration of the Antiquities Code and
exercises the authority of the State in matters related to these held-in-trust
collections.
(f)
Decisions regarding the disposal, deaccession, or destructive
analysis of held-in-trust collections are the legal responsibility of the
commission. Acceptable circumstances for disposal, deaccessioning, or destructive
analysis are provided by these rules. Exceptions may be considered by the
commission. Under no circumstances will held-in-trust collections be disposed
of, or deaccessioned through sale.
(g)
Disposal. The commission's rules for disposal applies to
objects and samples prior to accessioning that have been recovered from a
site on public lands or under public waters under an Antiquities Permit issued
by the commission.
(1)
Disposal of recovered objects or samples from a site on
public lands or from public waters under an antiquities permit issued by the
commission must be approved by the commission. Approval for anticipated disposal
is by means of an approved research design at the time the Antiquities Permit
is issued. The manner in which the object or sample is to be disposed must
be included in the research design. Additional disposal not included in the
approved research design must be approved by the commission prior to any disposal
action.
(2)
The appropriate reasons for disposal include, but are not
limited to, the following:
(A)
Objects that are highly redundant and without additional
merit;
(B)
Objects that lack historical, cultural, or scientific value;
(C)
Objects that have decayed or decomposed beyond reasonable
use and repair or that by their condition constitute a hazard to other objects
in the collection.
(D)
Objects that may be subject to disposal as required by
federal laws.
(3)
Items disposed of after recovery must be documented in
the notes, and final report, with copies provided to the curatorial facility.
(4)
The commission relinquishes title for the State to any
object or sample approved for disposal. The object or sample must be disposed
of in a suitable manner.
(h)
Deaccession. The commission's rules for deaccession recognize
the special responsibility associated with the receipt and maintenance of
objects of cultural, historical, and scientific significance in the public
trust. Although curatorial facilities become stewards of held-in-trust collections,
title is retained by the commission for the State. Thus, the decision to deaccession
held-in-trust objects or collections is the responsibility of the commission.
The commission recognizes the need for periodic reevaluations and thoughtful
selection necessary for the growth and proper care of collections. The practice
of deaccessioning under well-defined guidelines provides this opportunity.
(1)
Deaccessioning may be through voluntary or involuntary
means. The transfer, exchange, or deterioration beyond repair or stabilization
or other voluntary removal from a collection in a curatorial facility is subject
to the limitations of this rule.
(2)
Involuntary removal from collections occurs when objects,
samples, or records are lost through theft, disappearance, or natural disaster.
If the whereabouts of the object, sample, or record is unknown, it may be
removed from the responsibility of the curatorial facility, but the commission
will not relinquish title in case the object, sample, or record subsequently
is returned.
(i)
Accredited curatorial facilities. Authority to deal with
deaccessioning of limited categories of objects and samples from held-in-trust
collections is delegated to a curatorial facility approved by the commission
to hold state held-in-trust collections through a contractual agreement between
the curatorial facility and the commission. Annual reports will be submitted
to the commission on these deaccessioning actions.
(1)
If the commission determines that a curatorial facility
has acted in violation of the contractual agreement and this rule, the contractual
agreement will be terminated. From that date forward, the commission will
review and decide on all deaccession actions of that curatorial facility concerning
held-in-trust objects and samples. A new contractual agreement may be executed
at such time as the commission determines that the curatorial facility has
come into compliance with this rule.
(2)
Curatorial facilities not yet approved by the commission
to hold state held-in-trust collections shall submit written deaccession requests
of objects and samples from held-in-trust collections to the commission.
(3)
Requests to deaccession a held-in-trust collection in its
entirety must be submitted to the commission.
(4)
The reasons for deaccessioning all or part of held-in-trust
collections include, but are not limited to, the following:
(A)
Objects lacking provenience that are not significant or
useful for research, exhibit, or educational purposes in and of themselves;
(B)
Objects or collections that do not relate to the stated
mission of the curatorial facility. Objects or collections that are relevant
to the stated mission of the curatorial facility may not be deaccessioned
on the grounds that they are not relevant to the research interests of current
staff or faculty;
(C)
Objects that have decayed or decomposed beyond reasonable
use or repair or that by their condition constitute a hazard in the collections;
(D)
Objects that have been noted as missing from a collection
beyond the time of the next collections-wide inventory are determined irretrievable
and subject to be deaccessioned as lost;
(E)
Objects suspected as stolen from the collections must be
reported to the commission in writing immediately for notification to similar
curatorial facilities, appropriate organizations, and law enforcement agencies.
Objects suspected as stolen and not recovered after a period of three years
or until the time of the next collections-wide inventory are determined irretrievable
and subject to being deaccessioned as stolen;
(F)
Objects that have been stolen and for which an insurance
claim has been paid to the curatorial facility.
(G)
Objects that may be subject to deaccessioning as required
by federal laws.
(H)
Deaccession for reasons not listed above must be approved
on a case-by-case basis by the commission.
(j)
Title to Objects or Collections Deaccessioned. If deaccessioning
is for the purpose of transfer or exchange, commission retains title for the
State to the object or collection. A new held-in-trust agreement must be executed
between the receiving curatorial facility and the THC.
(1)
If deaccessioning is due to theft or loss, the commission
will retain title for the State to the object or collection in case it is
ever recovered, but the curatorial facility will no longer be responsible
for the object or collection.
(2)
If deaccessioning is due to deterioration or damage beyond
repair or stabilization, the commission relinquishes title for the State to
the object or collection and the object or collection must be discarded in
a suitable manner.
(k)
Destructive Analysis. The commission's rules for destructive
analysis applies only to samples and objects from held-in-trust collections
accessioned into the holdings of a curatorial facility. Destructive analysis
of samples or objects prior to placement in a curatorial facility is covered
by the research design approved for the Antiquities Permit. Authority to deal
with destructive analysis requests of categories of objects and samples from
held-in-trust collections is delegated to a curatorial facility approved by
the commission to hold state held-in-trust collections through a contractual
agreement between the curatorial facility and the commission. Annual reports
will be submitted to the commission on these destructive analysis actions.
(1)
A written research proposal must be submitted to the curatorial
facility stating research goals, specific samples or objects from a held-in-trust
collection to be destroyed, and research credentials in order for the curatorial
facility to establish whether the destructive analysis is warranted.
(2)
If the commission determines that a curatorial facility
has acted in violation of the contractual agreement and this rule, the contractual
agreement will be terminated. From that date forward, the commission will
review and decide on all destructive analysis actions of that curatorial facility
concerning held-in-trust objects and samples. A new contractual agreement
may be executed at such time as the commission determines that the curatorial
facility has come into compliance with these rules.
(3)
Curatorial facilities not yet approved by the commission
to hold state held-in-trust collections shall submit destructive analysis
requests of objects and samples from held-in-trust collections to the commission.
(4)
Conditions for approval of destructive analysis may include
qualifications of the researcher, uniqueness of the project, scientific value
of the knowledge sought to be gained, and the importance, size, and condition
of the object or sample.
(5)
Objects and samples from held-in-trust collections approved
for destructive analysis purposes are loaned to the institution where the
researcher is affiliated. Objects and samples will not be loaned to individuals
for destructive analysis.
(6)
If the curatorial facility denies a request for destructive
analysis of a sample or object from a held-in-trust collection, appeal of
the decision is through the commission.
(7)
Information gained from the analysis must be provided to
the curatorial facility as a condition of all loans for destructive analysis
purposes. After completion of destructive analysis, the researcher must return
the information (usually in the form of a research report) in order for the
loan to be closed. Two copies of any publications resulting from the analysis
must be sent to the curatorial facility. If the object or sample is not completely
destroyed by the destructive analysis, the remainder must be returned to the
curatorial facility.
(8)
It is the responsibility of the curatorial facility to
monitor materials on loan for destructive analysis, to assure their correct
use, and to note the returned data in the records.
(9)
The commission does not relinquish title for the State
to an object or sample that has undergone destructive analysis and the object
or sample is not deaccessioned.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on May 25, 2001.
TRD-200102985
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Effective date: June 14, 2001
Proposal publication date: March 9, 2001
For further information, please call: (512) 463-5711