1. (a) Criteria. The addition of new Historic Sites will follow the "Historic Sites Division Property Collection Plan" as posted on the Texas Historical Commission's 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 two-step process as follows.

   1. (1) A staff committee will be appointed 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 second step evaluation.

   2. (2) Staff will obtain and use the following information:

      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.

   3. (3) Upon positive action by the Commission on the recommendation noted in paragraph (1) of this subsection, the staff will prepare or have prepared a management plan for the site including:

      1. (A) Evaluation of the site, including buildings, support facilities, infrastructure (including roads, trails, utility service/water and sewer systems), landscape features, and collections.
      2. (B) Merits of the proposed site compared to other sites in Texas that embody the same or similar historical or physical characteristics.
      3. (C) Preservation and facility development needs.
      4. (D) Costs and timeline for making the property available to the public.
      5. (E) Any limitation on site development, such as environmental regulations and local restrictions (zoning, land use).
      6. (F) Needed staffing and consultant services for development of the site.
      7. (G) Needed staffing and services for operation of the site, including ongoing costs of preservation operation, and marketing.
      8. (H) Business plan for the site identifying projected audience/annual visitation, sources of funds for all aspects of the program including available community support, potential to generate revenue, and endowment.
   4. (4) This 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.
   5. (5) 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) A property that is adjacent to an existing THC State Historic Site that will enhance the preservation, protection or interpretation of the existing site, 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.
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.