State Archeological Landmarks include sites, objects, buildings, structures and historic shipwrecks, and locations of historical, archeological, educational, or scientific interest including, but not limited to, prehistoric American Indian or aboriginal campsites, dwellings, and habitation sites, aboriginal paintings, petroglyphs, and other marks or carvings on rock or elsewhere which pertain to early American Indian or other archeological sites of every character, treasure imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any part of their contents, maps, records, documents, books, artifacts, and implements of culture in any way related to the inhabitants, prehistory, history, government, or culture in, on, or under any of the lands of the State of Texas, including the tidelands, submerged land, and the bed of the sea within the jurisdiction of the State of Texas. Sections 191.091 and 191.092 of the Antiquities Code provide that archeological sites and historic structures on lands belonging to state agencies or political subdivisions of the State of Texas are State Archeological Landmarks or may be eligible to be designated as landmarks. Also protected under the Antiquities Code of Texas (Section 191.094) are specially designated landmarks on private property. The commission is further empowered to provide for a system of permits and contracts for the study of archeological sites, historical structures and objects. Sections 191.002, 191.021, 191.051, 191.0525, 191.053, 191.054, 191.091, 191.092, 191.095, and 191.098 of the Antiquities Code of Texas specifically discuss the interests of the State of Texas in the recordation, protection, preservation, and study of archeological sites and historic structures in and on public lands, and under the public seas and waterways in the State of Texas. The State of Texas considers that all publicly owned archeological sites and historic structures have some intrinsic historic value, and the Antiquities Code provides some level of protection for those sites or structures regardless of their size, character, or ability to currently yield data that will contribute important information on the history or prehistory of Texas. Additionally, these publicly owned archeological sites and historic structures are protected from vandalism, or other actions meant to take, alter, or destroy them, and information directly related to the specific location of archeological sites is restricted from open records requests. All cultural resources are not equally significant to the history and prehistory of Texas. Some archeological sites may not possess research value sufficient to warrant long-term preservation or investigations beyond survey level recordation. Some historic structures retain minimal integrity due to damage or deterioration. Therefore, the issue of whether cultural resources are significant and warrant preservation, and/or further research (such as archeological testing and data recovery level investigations), is addressed through official landmark designation, permit issuance and regulation. Official State Archeological Landmark designation is an administrative procedure that provides for public notice of sites and structures being considered for designation, and allows the land-owning or controlling public agency and the public the opportunity to have input into the designation process. The permit issuance and regulation procedures provide for an investigative and consultative process that allows the commission, land-owning agency, project sponsor, principal investigator, or project architect, and investigative firms or other professional firms, a system by which sites and structures can be documented and assessed to determine whether further investigations, or official landmark designation is necessary, and if appropriate work is proposed

Source Note:The provisions of this §26.2 adopted to be effective August 28, 2002, 27 TexReg 7789.