13 Tex. Admin. Code § 25.5 - Inventory of Archeological Sites
(a) A
continuing inventory of nonrenewable archeological resources is maintained and
includes data pertinent to archeological sites in Texas. Information from other
sources is included.
(b) Request
for access. Any person who desires access to the statewide inventory shall make
their request in accordance with the rules set forth in Chapter 24 of this
title (relating to Restricted Cultural Resource Information).
(c) Withholding information. Any specific
information in the inventory of sites may be withheld from publication or from
the public if the state archeologist deems that disclosure would be likely to
result in harm to the resources. Information that may be withheld includes, but
is not limited to, site records, locational information, notes, photographs,
maps, spatial imagery, reports, and electronic data, including Restricted
Cultural Resource Information contained within the Texas Historic Sites Atlas,
as defined in §
24.7 of this title (relating to
Definitions).
(d) Conditions.
Determinations to withhold information will be made by the state archeologist
on the facts of each request for information and are based on the following
conditions:
(1) ownership of the resource,
where disclosure of information may lead to infringement of the legal rights of
private landowners;
(2)
significance of the resource, in that significance reflects the magnitude of
potential loss caused by damage to the resource;
(3) quality and amount of evaluative data
available for the resource, in that insufficient data can impede an accurate
determination of the character and significance of the resource;
(4) location of the resource in relation to
other nearby and/or related resources, in that withholding of site location
and/or data may help protect other resources;
(5) existing protective measures in place at
the resource, such as state antiquities landmark designation, conservation
easement, and/or maintenance as a historic site, park or other facility with
on-site supervisory personnel; and
(6) previous and widespread general knowledge
of the location and character of a resource, in that information relating to
well-known landmarks, historic sites, and/or other public resources will not
arbitrarily be withheld.
Notes
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