PART 2. TEXAS HISTORICAL COMMISSION
CHAPTER 26. PRACTICE AND PROCEDURE
The Texas Historical Commission (hereinafter referred to as the Commission) proposes an amendment to §26.24 of Title 13, Part 2, Chapter 26 of the Texas Administrative Code, concerning Reports Relating to Archeological Permits. This amendment is needed as part of the Commission's overall effort to improve the distribution of data to the public and professional archeologists.
Mark Wolfe, Deputy Chief Executive Director, has determined that for the first five-year period the rule is in effect there may be a minimal fiscal impact in the form of a possible minor cost decrease for state or local government as a result of enforcing or administering the rule. There may also be a minimal effect on small businesses and persons that perform cultural resource investigations.
Mr. Wolfe has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of administering the rule will be improved data distribution.
Comments on the proposal may be submitted to Mark Wolfe, Deputy Chief 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 amendment is proposed under the Natural Resources Code, Title 9, Chapter 191, §191.058, which provides the Texas Historical Commission with authority to promulgate rules and require contract or permit conditions to reasonably effect the purposes of Chapter 191.
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.
(1) The report must 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, and date of publication of report;
(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 printed copy 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
one printed copy [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
two copies of a
tagged PDF format of the report on a archival quality CD or DVD.
One of the tagged PDF CD or DVD must include the plotted location of any
and all sites recorded, and the other should not include the site
location data.
(4) A completed Abstracts in Texas Contract Archeology
Summary Form must also be submitted with the final
report [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
report [reports].
(5) Ten or more printed copies of all reports without the site location information shall also be distributed by the permittee, sponsor, or principal investigator, at no cost to the commission, to university based libraries and archeological research facilities around the state. Recommended libraries include: the Texas Archeological Research Laboratory at the University of Texas, the Center for Archeological Studies at Texas State University, the Center for Archeological Research at UTSA, the Stephen F. Austin State University library, the Texas Tech University library, the Texas A&M University library, the UT El Paso library, the Southern Methodist University library, and the West Texas A&M University library.
(b) When Antiquities Permit investigations result in
negative findings, the report standards shall meet the CTA Guidelines
for Cultural Resources Management Short Reports, and production
must follow the same standards as set forth in subsection (a)(3) and
(5) of this section. [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 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 17, 2009.
TRD-200903607
Mark Wolfe
Chief Deputy Executive Director
Texas Historical Commission
Earliest possible date of adoption: September 27, 2009
For further information, please call: (512) 463-1858