After consultation with affected persons and after due reflection on the committee's obligations under the Antiquities Code of Texas, Texas Natural Resources Code Chapter 191 (1978), the committee makes the following determinations of fact and policy:

1. (1) It is the public policy and in the public interest of the State of Texas to locate, protect, and preserve all state archeological landmarks in Texas' submerged lands.
2. (2) The committee shall determine and designate the site of state archeological landmarks in Texas' submerged lands and remove from the designation certain sites.
3. (3) The committee 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, if accepted by the General Land Office, 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 committee shall evaluate activities proposed to be conducted in Texas' submerged lands, and may comment favorably, conditionally, or adversely on applications for permits submitted to the U.S. Army Corps of Engineers, Galveston District, in accordance with applicable rules and orders.
5. (5) The committee may require persons working in the area of a known state archeological landmark in Texas' submerged lands to take action to avoid damaging it. The committee may require similar action of persons working in an area where there is a likelihood that a state archeological landmark exists in Texas' submerged lands. Any such requirements must be reasonable in light of the costs they impose on persons and the protection they extend to historical resources.
6. (6) All persons shall conduct or cause to be conducted their activities in certain designated state land tracts in Texas' submerged lands in a manner which will avoid damage to a state archeological landmark in Texas' submerged lands, and which will protect and preserve the archeological resources of Texas.
7. (7) All persons shall conduct their activities as specified in Chapter 27, Subchapter A of this title (relating to Participants).

Source Note:The provisions of this §28.3 adopted to be effective January 26, 1981, 6 TexReg 49; transferred effective August 30, 1995, as published in the Texas Register October 17, 1995, 20 TexReg 8442.