13 TAC §26.24
The Texas Historical Commission (hereafter referred to as
the Commission) proposes amendments to §26.24, relating to Reports Relating
to Archeological Permits of Title 13, Part 2, Chapter 26 of the Texas Administrative
Code. These changes are needed to improve the quality of reports produced
under Antiquities Permits issued by the THC, and to eventually provide digital
copies of the reports on-line.
F. Lawerence Oaks, Executive Director, has determined that for the first
five-year period the rule is in effect there will be minor fiscal implications
for state or local government as a result of enforcing or administering the
rule related to the cost of contract archeologists having to produce CD or
DVD copies of the reports. The amounts cannot be estimated.
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 the availability of digital copies of
archeological reports. Additionally, Mr. Oaks as determined that there may
be minor financial effects on small businesses and persons engaged in archeological
investigations and therefore, required to comply with these rule amendments
as proposed. The amounts cannot be estimated.
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 effect the purposes of this chapter.
No other statutes, articles or codes are affected by these amendments.
§26.24.Reports Relating to Archeological Permits.
(a)
A report should meet the Council of Texas Archeologists
(CTA) Guidelines for Cultural Resources Management Full Reports,
and
must be submitted to the commission meeting the following requirements
[
available from the commission or from the Council of Texas Archeologists
].
(1)
The report must [
also
] contain:
(A)
a title page that includes: the name of the investigation
project, the name of the principal investigator and investigative firm,
the county or counties the investigations were performed in,
and the
Antiquities Permit number;
(B)
an abstract containing descriptions of the findings, a
list of the sites recorded and a clarification concerning which artifacts
were curated and where they are or will be curated;
(C)
specific recommendations of which sites merit official
designation to State Archeological Landmark status; which sites appear to
be eligible for inclusion in the National Register of Historic Places; and
which sites will be adversely affected by a proposed project.
(2)
One copy
[
Two copies
] of the draft
permit report must be submitted to the commission for review prior to the
production of the final report. The draft report does not have to be bound,
but should contain all of the basic content elements required for the final
report. The final report must also contain any revisions in the draft that
are required in writing by the commission.
(3)
Upon completion of a permitted project, and at no charge
to the commission, the permittee, sponsor, or principal investigator shall
furnish the commission with 20 copies of the final report
(one of which
shall be an unbound copy that contains at least one map with the plotted location
of any and all sites recorded), and a tagged PDF format of the report on a
archival quality CD or DVD
[
, a completed Abstracts in Texas Contract
Archeology Summary Form, and when appropriate, a Curation Form (print copies
available from the commission or also online at www.thc.state.tx.us)
].
(4)
A completed Abstracts in Texas Contract
Archeology Summary Form must also be submitted with the final reports and
an electronic copy of the abstract and the completed abstract form must also
be forwarded to the commission and when appropriate, a Curation Form (printed
copies available from the commission or also online at www.thc.state.tx.us)
must also be submitted with the final reports.
(b)
When Antiquities Permit investigations result in negative
findings, the report standards shall meet the CTA Guidelines for Cultural
Resources Management Short Reports. The principal investigator, investigative
firm, state agency, and/or the political subdivision shall furnish the commission
with 20 copies of the Short Report at no charge to the commission along with
a completed Abstracts in Texas Contract Archeology Summary Form (
printed
[
print
] copies available from the commission or also online
at www.thc.state.tx.us).
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 August 10, 2006.
TRD-200604169
F. Lawerence Oaks
Executive Director
Texas Historical Commission
Earliest possible date of adoption: September 24, 2006
For further information, please call: (512) 463-1858