After consultation with affected persons and after due reflection on the commission's obligations under the Antiquities Code of Texas, the commission makes the following determinations of fact and policy:

1. (1) It is the in the public interest of the State of Texas to locate, protect, and preserve all shipwrecks in Texas' submerged lands.
2. (2) The commission shall determine and designate the site of state archeological landmarks in Texas' submerged lands and remove from the designation certain sites.
3. (3) The commission shall evaluate lease sales proposed to be conducted in Texas' submerged lands by the School Land Board and may recommend developmental restrictions to be applied to each designated tract which will be published in the Notice for Bids booklet which is distributed by the General Land Office 30 days before each lease sale, and which will forewarn potential lessees of developmental restrictions that apply to the tract.
4. (4) The commission shall evaluate proposed activities in Texas' submerged lands, and may comment favorably, conditionally, or adversely on applications for permits submitted to the U.S. Army Corps of Engineers, in accordance with applicable rules and orders.
5. (5) The commission may require persons working in the area of a known shipwreck in Texas' submerged lands to take action approved by the commission to avoid damaging the shipwreck. The commission may require similar action of persons working in an area where there is a likelihood that a shipwreck exists in Texas' submerged lands.
6. (6) All persons shall conduct their activities in Texas' submerged lands in a manner that will avoid damage to shipwrecks in Texas' submerged lands, and that will protect and preserve the cultural resources of Texas.

Source Note:The provisions of this §28.3 adopted to be effective March 18, 2003, 28 TexReg 2316.