1. (a) Definition. A continuing inventory of nonrenewable archeological resources is maintained and includes data pertinent to archeological sites. Information from other offices and sources is included.
2. (b) Request for access. Organizations, agencies of the government, corporations, and individuals who desire access to records shall make their request to the Office of the State Archeologist, Texas Historical Commission, P.O. Box 12276, Austin, Texas 78711, and include a justification for the needed information, as well as an explanation of how the requested data will be used (for example, in publications or public education projects). Reproduction costs will be charged at the rates established by the commission.
3. (c) Withholding information. Any information in the inventory may be withheld from publication or from the public if the state archeologist deems that disclosure would be likely to result in harm to the resources. Information which may be withheld includes, but is not limited to, site records, locational information, notes, photographs, maps, and computerized data, including access to the commission's computer terminals.

4. (d) Conditions. Determinations to withhold information will be made by the state archeologist on the instance of each request for information and are based on the following conditions:

   1. (1) ownership of the resource, where disclosure of information may lead to infringement of the legal rights of private landowners;
   2. (2) significance of the resources, in that significance reflects the magnitude of potential loss caused by damage to the resource;
   3. (3) quality and amount of evaluative data available for the resources, in that insufficient data can impede an accurate determination of the character and significance of the resources;
   4. (4) location of the resources in relation to other nearby and/or related resources, in that withholding of site location and/or data may help protect other resources;
   5. (5) existing protective measures in place at the resources, such as maintenance as a historic site or park or other facility with on-site supervisory personnel; and
   6. (6) previous and widespread general knowledge of the location and character of a resource, in that information relating to well-known landmarks, historic site parks, and/or other public resources will not arbitrarily be withheld.

Source Note:The provisions of this §25.5 adopted to be effective December 31, 1984, 9 TexReg 6315; amended to be effective June 6, 1988, 13 TexReg 2555; amended to be effective July 9, 1996, 21 TexReg 5975.