1. (a) All persons shall conduct or cause to conduct their activities in certain designated state land tracts in Texas' submerged lands in a manner designed to avoid damage to a state archeological landmark in Texas' submerged lands, and which will protect and preserve the archeological resources of Texas.

2. (b) When a person submits an application for a permit from the U.S. Army Corps of Engineers, Galveston District, the proposed activity shall be described by the applicant in sufficient detail to enable the committee to review the U.S. Army Corps of Engineers, Galveston District, public notice publication, and determine if the proposed activity is located in one of the state land tracts which is designated in §28.4(b)-(d) of this title (relating to State Land Tracts Designated by the Committee as Containing State Archeological Landmarks in Texas' Submerged Lands).

   1. (1) If the proposed activity is in one of the state land tracts designated in §28.4(b)-(d) of this title (relating to State Land Tracts Designated by the Committee as Containing State Archeological Landmarks in Texas' Submerged Lands), and if the activity will likely disturb the site of a known state archeological landmark in Texas' submerged lands or an area where there is a likelihood that a state archeological landmark exists in Texas' submerged lands, the committee may require a survey, the purpose of which is to locate state archeological landmarks in Texas' submerged lands.
   2. (2) Conduct of such a survey may be recommended by the committee to the U.S. Army Corps of Engineers, Galveston District, and may be required as a condition of issuance of the permit from the U.S. Army Corps of Engineers, Galveston District.

3. (c) In light of equipment and surveying techniques currently available, the committee has determined that a person who conducts a survey to determine the possible existence of hazards which would be dangerous to the safety of human life and equipment in the area where the proposed activity will be performed has also conducted a survey to determine the possible existence of a state archeological landmark in Texas' submerged lands, provided such survey meets the following minimum standards.

   1. (1) Horizontal positioning.

      1. (A) Designated state land tracts in bays in Texas' submerged lands.

         1. (i) Site or area-specific activities (drilling site, platform site, dredging, etc.). Horizontal positioning will consist of marking the center or corners of the site with a buoy and searching outward from the buoy(s) until an adequate area is searched and no significant anomalies are detected. If there is detection of significant anomalies, the object causing the significant anomaly will be searched out and its specific x/y coordinate position recorded. The area of the survey should be adequate to ensure safety of human life and equipment that will occupy the site. When optical instruments are used to delineate a site for a hazard survey, the drilling location will be clearly flagged. When electronic distance measuring (EDM) systems are used, a printout or hand-recorded reading will be made, clearly showing that the area has been covered.
         2. (ii) Pipelines. In bay waters where a pipeline corridor will be surveyed, the center line will be marked with stakes and flagging so that three stakes will be visible at all times to the boat operator and these stakes will be used for stationing. If EDM is used, the boat will transverse the center line under control of the EDM and stationing will be recorded by hand or printer at fixed intervals along the line.

      2. (B) Designated state land tracts offshore in Texas' submerged lands.

         1. (i) Site or area-specific activities (drilling site, platform site, dredging, etc.). The horizontal positioning method will normally consist of marking the center or corners of the site with a buoy and searching outward from the buoy(s) until an adequate area is searched and no significant anomalies are detected. If there is detection of significant anomalies, the object causing the significant anomaly will be searched out and its specific x/y coordinate position recorded. The area of the survey should be adequate to ensure safety of human life and equipment that will occupy the site. When optical instruments are used to delineate a site for a hazard survey, the drilling location will be clearly flagged. When EDM systems are used, a printout or hand-recorded reading will be made clearly showing that the area has been covered.
         2. (ii) Pipelines. Three lines will be surveyed, a center line and two offset lines, to encompass the anchor pattern. EDM systems will normally be used to ensure that the survey will be conducted in the most expedient manner. However, buoy lines will be acceptable.

   2. (2) Instrumentation. Instrumentation will be classified as remote sensing equipment which detects the presence of an object by its own physical properties or by signals reflected from the object.

      1. (A) Designated state land tracts in bays in Texas' submerged lands.

         1. (i) Drilling site--platform site. A magnetometer will be used to ensure that no ferrous metal object exists in the area which might cause damage to the proposed equipment or structure to occupy the site.
         2. (ii) Pipelines. A magnetometer will be used to ensure that all ferrous metal objects are detected and avoided.

      2. (B) Designated state land tracts offshore in Texas' submerged lands.

         1. (i) Drilling site--platform site. A magnetometer and a side scan sonar will be used to ensure that all ferrous metal objects are detected and can be identified or avoided.
         2. (ii) Pipelines. Instrumentation used for a pipeline prelay survey will consist of a magnetometer and a side scan sonar to ensure that all ferrous metal objects along the right of way are detected and can be identified or avoided.

4. (d) If a person detects a significant anomaly as a result of conducting the survey described in subsection (c) of this section, the person shall either:

   1. (1) conduct a thorough and good-faith effort to search out the object causing the anomaly and identify whether the object might possibly be a state archeological landmark in Texas' submerged lands; or
   2. (2) relocate the activity to an area at least 150 feet away from the significant anomaly in bays or at least 500 feet away from the significant anomaly offshore in order to avoid disturbance of the object causing the anomaly and thereby avoid damage to a state archeological landmark in Texas' submerged lands.
5. (e) If the person identifies that the object causing the anomaly is definitely not a state archeological landmark in Texas' submerged lands, the person may perform the activity in a normal, routine manner. Excavation in order to make an identification at this stage of investigation is prohibited without a permit from the committee.

6. (f) If the person identifies that the object causing the anomaly might possibly be a state archeological landmark in Texas' submerged lands, the person shall either:

   1. (1) relocate the activity to an area at least 150 feet away from the significant anomaly in bays or at least 500 feet away from the significant anomaly offshore in order to avoid disturbance of the object causing the anomaly and thereby avoid damage to a state archeological landmark in Texas' submerged lands; or
   2. (2) notify the committee of the possible existence of a state archeological landmark in Texas' submerged lands; whereupon the committee can perform its activities described in Subchapter C, Powers and Duties, and Subchapter E, Prohibitions, of the Antiquities Code of Texas, Texas Natural Resources Code, Chapter 191 (1978). If the committee authorizes the state archeological landmark in Texas' submerged lands to be excavated and the committee is assured that no damage will occur to a state archeological landmark in Texas' submerged lands, the person may then proceed with performing the activity in a normal, routine manner.
7. (g) If the person detects a significant anomaly as a result of conducting the survey described in subsection (c) of this section and if the person relocates the activity to an area which will avoid disturbance of the object causing the anomaly and thereby avoids damage to a state archeological landmark in Texas' submerged lands, the person shall record the specific x/y coordinate positions of the object causing the anomaly and shall give the committee a written report of the specific x/y coordinate positions of the object causing the anomaly. Provided arrangements can be made to maintain proper security on proprietary data, the committee and the person may exchange additional data to enable the committee to add to its shipwreck reference file.

Source Note:The provisions of this §28.5 adopted to be effective January 26, 1981, 6 TexReg 49; amended to be effective June 29, 1981, 6 TexReg 2156; transferred effective August 30, 1995, as published in the Texas Register October 17, 1995, 20 TexReg 8442.