13 TAC §26.5, §26.27
The Texas Historical Commission proposes 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 (relating to Rules of Practice and Procedure under the Antiquities Code
of Texas). 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 makes all of these artifacts
the property of the State of Texas, and the Texas Historical Commission has
authority over them. 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.
F. Lawerence Oaks, Executive Director, has determined that for the first
five-year period the rule is in effect there will be fiscal implications for
state or local governments as a result of enforcing or administering the rule.
State and local governmental agencies with museums or other curatorial facilities
for artifacts covered by the rules will incur a small additional cost necessary
to comply with the reporting requirements of the rules. If the institutions
become accredited by the Council of Texas Archeologists, the reporting requirements
are minimized and should be negligible. The exact cost will depend on the
volume of transactions involved in each type of museum or repository, and
cannot be estimated from data currently available.
Mr. Oaks has also determined that for each year of the first five year
period the rule amendments are in effect the public benefit anticipated as
a result of these amendments will be improved care of artifacts and possibly
decreased costs associated with the long-term curation of artifacts owned
by the State of Texas. Additionally, Mr. Oaks has determined that there will
be limited effects on small and micro businesses. The type of businesses affected
will be independent archeological firms who will be required to comply with
the rules. There will be minimal anticipated economic cost to persons who
are required to comply with these rule amendments as proposed.
Comments on the proposal may be submitted to F. Lawerence Oaks, Executive
Director, Texas Historical Commission, P. O. Box 12276, Austin, Texas 78711.
Comments will be accepted for 30 days after publication in the
Texas Register
.
The amendments are proposed under the Texas Natural Resources
Code, Title 9, Chapter 191, which provides the Commission with authority to
promulgate rule that will reasonably affect the purposes of this chapter.
§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)
[
(1)
] 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)
[
(2)
] Antiquities Advisory Board--A
ten
[
seven
] member board that assists the Texas Historical
Commission in reviewing matters related to the Antiquities Code of Texas.
(4)
[
(3)
] 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, [
working with the Texas Historical Commission,
] 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)
[
(4)
] 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, out-buildings, 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)
[
75
]
years ago. Individual burials within a cemetery are not considered historic
unless the interments occurred at least
fifty (50)
[
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 [
Title 9, Chapter 191,
] §191.091, also include the wrecks of naval
vessels, Spanish treasure ships, coastal trading schooners, sailing ships,
steamships, and river steamships, among others.
(6)
[
(5)
] Board--The board of the Texas Historical
Commission [
(committee)
].
(7)
[
(6)
] Commission--The Texas Historical
Commission and its staff.
(8)
[
(7)
] 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
[
as represented through the Department of Antiquities Protection, Division
of Architecture, or the National Register Department
].
(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)
[
(8)
] Conservation--Scientific
laboratory process for cleaning, stabilizing, restoring, and preserving artifacts.
(13)
[
(12)
] 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)
[
(13)
] 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)
[
(14)
] 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)
[
(15)
] Defaulted permit--A permit
that has expired without all permit terms and conditions having been met.
[(16)
Department of Antiquities Protection--A
department of the Texas Historical Commission charged with administering the
archeological programs of the National Historic Preservation Act of 1966,
as amended, and the Antiquities Code of Texas.]
(19)
[
(17)
] 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)
[
(18)
] 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.
[(19)
Division of Architecture--A department
of the Texas Historical Commission charged with administering the architectural
programs of the National Historic Preservation Act of 1966, as amended, and
the Antiquities Code of Texas.]
(23)
[
(21)
] 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)
[
(20)
] 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)
[
(22)
] 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)
[
(23)
] 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)
[
(24)
] Investigative Firm--A company
or scientific institution which 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)
[
(25)
] Land owning or controlling
agency--Any state agency or political subdivision of the state that owns or
controls the land(s) in question.
(30)
[
26
] 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)
[
(27)
] 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
[
committee
], which authorizes destruction of all or part
of a cultural resource without an Antiquities Permit.
(32)
[
(28)
] 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)
[
(29)
] 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.
[(30)
National Register Department--A department
of the Texas Historical Commission which administers some of the architectural
programs of the National Historic Preservation Act of 1966, as amended.]
(34)
[
(31)
] Permit Application Offense--Failure
to properly apply for a permit, and/or receive authorization for an emergency
permit by the
commission
[
committee
], prior to the actual
performance of an archeological or architectural investigation.
(35)
[
(32)
] 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)
[
(33)
] Permittee--An individual,
institution, investigative firm, or company issued an Antiquities Permit for
any archeological investigation or historic preservation activity.
(37)
[
(34)
] 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)
[
(35)
] 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)
[
(36)
] 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)
[
Society of Professional Archeologists (SOPA)
] 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 (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)
[
(37)
] Project sponsor--An individual,
institution, investigative firm, or company paying costs of archeological
investigation or historic preservation activity.
(41)
[
(38)
] Public agency or agencies--Any
state agency or political subdivision of the State.
(42)
[
(39)
] 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)
[
(40)
] 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)
[
(41)
] 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)
[
(42)
] 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)
[
(43)
] 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)
[
(44)
] 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)
[
(45)
] Scope of work--The methodological
techniques used to perform the archeological or architectural investigations
under permit.
(51)
[
(46)
] 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)
[
(47)
] Site--A shortened term
meaning any place containing evidence of human activity, a cultural resource,
or an archeological site.
[(48)
Society of Professional Archeologists--A
nonprofit voluntary, nationwide organization that accredits qualified professional
archeologists and sets standards for archeological field research and ethical
conduct related to archeological investigations.]
(53)
[
(49)
] 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)
[
(50)
] 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)
[
(51)
] 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
[
committee
].
(56)
[
(52)
] State Historic Preservation
Officer
[
office
]--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)
[
(53)
] 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)
[
(54)
] 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
[
maximum
] 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.
[
committee
]
§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
[
committee
] are contained in the Texas Natural
Resources Code [
of 1977, Title 9, Chapter 191,
] §191.052 (b).
The
commission
[
committee
] 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
[
committee
] 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
[
institution
] approved by the
commission
[
committee
].
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
[
committee
] 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
[
committee
]. A variety of special, short-term exhibits may also be authorized
by the
commission
[
committee
].
(d)
Access to antiquities for research purposes. Antiquities
retained under direct supervision of the
commission
[
committee
] 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
[
Texas
Historical Commission, P.O. Box 12276, Capitol Station, Austin, Texas 78711-2276,
] 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
[
committee
].
(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
[
committee
]
(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
[
committee
]
(5)
The
commission
[
committee
] 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
[
committee
] 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
sec. 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. Authority to deal with requests is delegated to the Executive
Director of the commission. Commission staff will seek commissioner approval
on controversial or other requests deemed appropriate by the Executive Director
of the commission. Acceptable circumstances for disposal, deaccessioning,
or destructive analysis are provided by these rules. Exceptions will be considered
by the commission on a case-by-case basis. 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 recognizes 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 accredited
by the Accreditation and Review Council (ARC) of the Council of Texas Archeologists
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 accredited by the ARC 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 accredited
or having provisional status by ARC 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 accredited by the ARC 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 proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 20, 2001.
TRD-200101042
F. Lawrence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: April 8, 2001
For further information, please call: (512) 463-5711