1. (a) Criteria for the addition of new Historic Sites. The addition of new Historic Sites will follow the "State Historic Sites Historic Properties Collection Plan" in a three-step process as posted on the Texas Historical Commission's (Commission) website at thc.texas.gov detailing themes and subthemes in Texas history, site assessment, operational and managerial evaluations processes and the following criteria:

   1. (1) The property must have recognized statewide or national significance based on the standards of the National Register of Historic Places.
   2. (2) The property should be able to provide interpretation of a significant theme or event of Texas history that is not fully represented by the Commission's existing historic sites or other historic sites accessible to the public. The Commission will strive to maintain a geographic, cultural and thematic balance in its program.
   3. (3) The property should have exceptional integrity of location (including surrounding environment), design, material, setting, feeling, and association.
   4. (4) The property should have appropriate collections (objects, manuscript material, artifacts) associated with the historic site or necessary artifacts related to the site's history and period of significance should be identified and available.
   5. (5) The property must be appropriate for use as an interpretive museum or historic site, have high potential to attract and accommodate diverse and new audiences, and be accessible to travelers as well as to the local community.
   6. (6) The property must be available without restrictions that would limit the Commission's options for preservation and interpretation as a historic site (for example, a life estate retained by the grantor, restrictions against future sale or conveyance, or limits on alterations deemed appropriate by the Commission). The Commission encourages the use of easements or other restrictions to ensure the preservation of historic sites.
   7. (7) Financial resources must be available or assured, including an endowment fund where appropriate, or sources of funding must be identified in a comprehensive funding plan to ensure the restoration, interpretation, development, long term operation and preservation of the site.
   8. (8) The property must have the potential for strong supporting partnerships including community support.

2. (b) Evaluation Process. To evaluate the site against these criteria, the Commission will follow a three-step process as follows.

   1. (1) In phase one, staff will determine if the property should be recommended to be added to the Commission's portfolio of State Historic Sites. The preliminary evaluation will briefly address the following issues:

      1. (A) Where is the property located?
      2. (B) What is the current condition of the property?
      3. (C) What improvements would need to be made to meet THC standards for visitor access, experience, and safety?
      4. (D) What is the importance of the property in Texas and/or American History?
      5. (E) What is the estimation of the property's value, strategically, operationally and culturally?
      6. (F) Are there resources such as artifact collections or endowment that accompany the property?
      7. (G) Are there resources available to adequately interpret the property's themes and stories to the public?
      8. (H) Are the necessary resources available to preserve and care for the property's physical infrastructure and collections?
      9. (I) Does THC have the financial and FTE resources to operate the property?
      10. (J) What is the property's potential for the generation of sustainable visitation and revenue?
   2. (2) Phase 2. If the property is recommended for additional study, a staff committee will be assigned to conduct a preliminary review of the property with reference to criteria noted in subsection (a) of this section. The committee will make a recommendation to the Commission whether to proceed with the development of a historic site management plan in phase three of the evaluation process.

   3. (3) Staff will obtain and use the following information in phase two:

      1. (A) A description of the property, including land, structures and other features.
      2. (B) A preliminary inventory of collections and equipment.
      3. (C) A statement of significance or reference to its designation on the National Register of Historic Places/National Historic Landmark and an evaluation of the site's integrity.
      4. (D) A statement from the current owner indicating a willingness to transfer the real and relevant personal property and the terms and conditions for such a transfer.
      5. (E) Needed and available funding for development costs and continuing operational costs.
      6. (F) Letters of support from interested parties, including an indication of willingness to create an appropriate support group.
      7. (G) A statement identifying how the property would support the educational mission of the Historic Sites Program to serve a broad and diverse audience.
      8. (H) A preliminary estimate of the visitation and costs for development and operation of the site.

   4. (4) Phase 3. Upon positive action by the Commission on the recommendation noted in paragraph (2) of this subsection, the staff will prepare or have prepared a management plan in phase three for the site's evaluation including:

      1. (A) Evaluation of the site, including but not limited to buildings, support facilities, infrastructure (including roads, trails, utility service/water and sewer systems), landscape features, and collections.
      2. (B) Required staffing and services for operation of the site, including ongoing costs of preservation, operation, maintenance and marketing.
      3. (C) Preservation and facility development needs.
      4. (D) Costs and timeline for making the property available to the public.
      5. (E) Required staffing and consultant services for development of the site.
      6. (F) Projected audience/annual visitation, sources of funding to support programming including community partnerships, potential earned revenue, philanthropic and endowment.
   5. (5) The management plan will be reviewed by a panel of experts including an independent Texas historian, museum professional, and expert in heritage tourism and their recommendation will be taken into consideration by the Commission to determine whether the property should be accepted.
   6. (6) The decision to accept a site is within the sole discretion of the Commission, including determining whether acceptance of a property that meets all technical criteria is in the best interest of the State.

3. (c) Criteria for the addition of real property. The Commission finds there are many factors that affect the suitability of real property for use as a historic site or inclusion in the Texas Historical Commission Historic Sites Program and objectively quantifying the relative value of one tract of land over another can be difficult if not impossible. However, all potential acquisitions (including donations) of real property will be evaluated for their attributes with respect to the categories delineated in this subsection. The relative importance of each parameter within the categories will vary from proposal to proposal, depending on the specific needs and goals of the Commission at the time of consideration. Real property that meets the criteria in this subsection may be acquired by purchase or donation by action of the Commission on recommendation of the Executive Director, without the evaluation process described in subsection (b) of this section.

   1. (1) Historical or Interpretive Value. The real property being acquired:

      1. (A) offers or provides significant archaeological, cultural, historical, or interpretive value consistent with the commission's mission of preserving and protecting the historical resources of the State;
      2. (B) qualifies as a Traditional Cultural Property (TCP);
      3. (C) may enhance the visitor experience or understanding of an existing state historic site; or
      4. (D) restores a historic site's original cultural landscape.

   2. (2) Contiguity with Existing State Historic Sites. The real property being acquired:

      1. (A) is near or adjacent to an existing state historic site;
      2. (B) will enhance the preservation, protection, or interpretation of an existing state historic site;
      3. (C) will provide or enhance access to an existing state historic site;
      4. (D) is needed to support the operations of the state historic site as a program support facility;
      5. (E) will provide buffers for existing state historic sites from development or other incompatible land uses; or
      6. (F) will protect viewsheds, landscapes, or the historic character of an existing state historic site.

   3. (3) Other characteristics of significance. The real property being acquired may:

      1. (A) have been historically associated with an existing state historic site;
      2. (B) yield information important in prehistory or history;
      3. (C) accommodate critical non-historic construction, utilities, or uses that would otherwise compromise the historic nature and character of an existing state historic site; or
      4. (D) fill a gap in the inventory of historical or cultural resources offered by existing state historic sites.
   4. (4) The decision to add real property to the Texas Historical Commission Historic Sites Program is within the sole discretion of the Commission, including determining whether the acceptance or purchase of a particular tract of real property is in the best interest of the State. When considering whether to purchase real property to add to the Texas Historical Commission Historic Sites Program, the Commission in its sole discretion may determine the appropriate price to pay for the real property, even if that price exceeds the fair market appraised value, based on the criteria in subsection (c) and the historical significance of the real property to the State.
4. (d) A right of way or easement required to allow for installation or connection of necessary utilities at a THC State Historic Site between regular meetings of the Commission may be approved by the Executive Director with the approval of the Chairman. This action will be ratified at the next meeting of the Commission.

Source Note:The provisions of this §16.3 adopted to be effective August 25, 2008, 33 TexReg 6810; amended to be effective August 31, 2010, 35 TexReg 7727; amended to be effective December 31, 2013, 38 TexReg 9499; amended to be effective January 2, 2018, 42 TexReg 7682; amended to be effective November 22, 2020, 45 TexReg 8127; amended to be effective August 27, 2025, 50 TexReg 5451.