1. (a) Purpose. To preserve through the implementation of applicable preservation designations and laws, and through donations.
2. (b) Selection. Selection of sites for protection is made by the Office of the State Archeologist on the basis of site significance as stated in §25.2 of this title (relating to Determination of Significance). Priority is given to major sites that are threatened with damage or destruction. Selection of cultural properties for permanent preservation can be made in cooperation with individuals, institutions, private organizations and corporations, or state or federal agencies.

3. (c) Factors influencing selections. Major factors influencing site selection are:

   1. (1) potential of the property to yield scientific data useful in their construction of past lifeways;
   2. (2) importance of the site within the context of a regional culture area; and
   3. (3) potential of the site with respect to public education through the eventual development of on-site or nearby interpretive centers, displays, or professionally guided tours.
   4. (4) presence of buildings or structures; properties requiring extensive repair and/or long-term maintenance, such as standing historic structures, will not be considered for some preservation options, such as donation to the commission, unless mechanisms for such maintenance can be arranged through cooperating preservation societies.

4. (d) Protection procedures. The following procedures for permanent preservation will be adhered to by the Office of the State Archeologist for sites under the aegis of this office.

   1. (1) All protective activities for sites on privately owned land will be undertaken only with the full and voluntary cooperation of the landowner.
   2. (2) The site owner will be informed of the significance of the property and of the various options available to ensure long-term preservation of the property.

   3. (3) The alternatives for long-term preservation include, but are not limited to, the following:

      1. (A) donation of the property to the state or to a suitable nonprofit foundation;
      2. (B) purchase of the property by the state or a suitable nonprofit foundation;
      3. (C) assignment of a conservation easement (Conservation Easement Act, Title 8, Texas Natural Resources Code, Chapter 183, Conservation Easements) by site owner to the state or other qualified nonprofit organization;
      4. (D) designation of the property as a state archeological landmark; and
      5. (E) nomination of the property to the National Register of Historic Places.
      6. (F) agreements for long-term site monitoring.

   4. (4) Where a site or property is acquired for the state through donation or purchase by the Office of the State Archeologist, the following conditions shall apply.

      1. (A) The donation will be unconditional and will reflect full ownership by the state.
      2. (B) The donation may consist of surface rights only. Mineral rights in such instances will be retained by the landowner with the stipulation that all contained archeological deposits will be protected against any form of land-altering mineral exploration and development. In the case of donations that include mineral rights, such rights will be managed by the General Land Office of Texas.
      3. (C) The property to be acquired will be limited to those areas containing archeological deposits; any immediately adjacent or contained natural features having direct relevance to human occupation of the site, such as springs, bedrock exposures, or flint outcrops; and to access corridors.
      4. (D) The Office of the State Archeologist will provide for legal survey, legal description, and deed recording of the acquired property.
      5. (E) The Office of the State Archeologist will supply documentation to the landowner or other entity as required to facilitate available benefits.

5. (e) The Office of the State Archeologist will initiate measures, including the following, to provide for the permanent protection of archeological sites under the aegis of this office:

   1. (1) The Office of the State Archeologist will appoint a local professional or avocational archeologist to examine the property at regular intervals and to report any acts of vandalism or other damaging activity.
   2. (2) Local law-enforcement officials may be notified of the property's protected status and to encourage enforcement of pertinent antiquities regulations.
   3. (3) Archeological investigations at protected sites will be limited to investigations under the direction of professional archeologists. All investigations will be required to comply with applicable state and federal guidelines.
   4. (4) Permanent signs or markers may be placed on site, if the placement of such signs or markers does not constitute a threat of harm to the resource.
   5. (5) All proposals for archeological investigations at acquired sites will be reviewed and approved by the Office of the State Archeologist on an individual basis.

Source Note:The provisions of this §25.7 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.