1. (a) For the purpose of administering and complying with the National Historic Preservation Act of 1966, as amended (Public Law 96-515, 94 Statute 2987, 16 United States Code 470); the Tax Reform Act of 1976 (Public Law 94-455, 90 Statute 1525, 26 United States Code 1); the Revenue Act of 1878 (Public Law 95-6700); the Economic Recovery Tax Act of 1981 (Public Law 97-34, 95 Statute 178, 26 United States Code 1); the Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248, 96 Statute 324, 26 United States Code 1); the Tax Reform Act of 1984 (Public Law 98-369) and the Tax Reform Act of 1986 (Public Law 99-514); the Archeological Historical Preservation Act of 1974 (Public Law 93-291, 88 Statute 174, 16 United States Code 469); the Archaeological Resources Protection Act of 1979 (Public Law 96-95, Statute 721, 16 United States Code 470a); Executive Order 11593; Executive Order 12072; federal programs, as well as other pertinent federal legislation and directives, the Texas Historical Commission adopts as its own the relevant federal rules and regulations, standards, guidelines: 36 Code of Federal Regulations 60: National Register of historic and cultural properties; 36 Code of Federal Regulations 800: Protection of historic and cultural properties; 36 Code of Federal Regulations 61: Criteria for comprehensive statewide historic surveys and plans; 36 Code of Federal Regulations 63: Determinations of eligibility for inclusion in the National Register of Historic Places; 36 Code of Federal Regulations 66: Recovery of scientific, prehistoric, historic, and archeological data: methods, standards, and reporting requirements; 36 Code of Federal Regulations 68: Secretary of the Interior's Standards for Historic Preservation Projects; "Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines" (Federal Register, September 29, 1983): "Consulting about Archeology Under Section 106" (Advisory Council on Historic Preservation, 1990); 36 Code of Federal Regulations Part 79: Curation of Federally Owned and Administered Archeological Collections; "The Section 110 Guidelines" (Advisory Council on Historic Preservation, 1989); and "Preparing Agreement Documents" (Advisory Council on Historic Preservation, 1989).

2. (b) Guidelines formulated and adopted by the Council of Texas Archeologists on April 6, 1984, and amended on March 10, 1987, are adopted by reference for use by the state historic preservation officer insofar as those guidelines do not conflict with federal regulations which apply to the same subjects. The Council of Texas Archeologists guidelines address the following topics:

   1. (1) professional performance standards;
   2. (2) cultural resource management reports;
   3. (3) curation standards and procedures; and
   4. (4) curatorial guidelines for human remains. Information regarding the availability of the Council of Texas Archeologists guidelines may be obtained from the Texas Historical Commission, Box 12276, Austin, Texas 78711.

Source Note:The provisions of this §15.2 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective June 6, 1988, 13 TexReg 2551; amended to be effective March 5, 1992, 17 TexReg 1459.