Protection and Management of Submerged Cultural Resources in Texas Waters
Authors: Borgens Amy Anne 
Published: May 2011

The Texas Historical Commission's (THC) Marine Archeology Program is a pioneer in state regulatory programs for the protection and management of submerged historic sites in state waters. More than 1,900 known and recorded shipwrecks are located within the 3-league (10.4 mile) demarcation that defines the state's territorial waters. Texas legislation protecting these and all other cultural resources was enacted in 1969 as a response to the salvage of a 16th century Spanish vessel at Padre Island in 1967. Since then, archeologists from the THC have participated in the excavation and/or investigation of historic vessels such as San Esteban, La Belle, and Will-o-the-Wisp.

One primary responsibility of the State Marine Archeologist is the review of development projects for compliance with both state and federal regulations established to protect submerged historic and prehistoric sites. These projects include harbor works, bridge construction, and channel maintenance but are most often related to energy development efforts. More than 80 percent of the proposed projects and permit applications reviewed by the State Marine Archeologist are for petroleum and gas pipeline and well construction projects.

The Antiquities Code of Texas and the Texas Administrative Code (Title 13, Part 2, Chapter 26 and Chapter 28) govern how marine projects located within state waters are conducted and define responsibilities, professional requirements, and technical survey specifications. Chapter 28 of the Texas Administrative Code was amended in 2008 to refine the required data collection standards as a means to improve detection of historic wooden-hulled sailing vessels. Though these were one of most common vessels along the Texas coast prior to the mid-19th century, they are infrequently discovered and therefore most likely to be adversely affected. This paper will discuss state and federal regulations that protect submerged cultural resources, the history behind these regulatory actions and the state lease tract codes. It will also provide an overview of the permit application and review process.

Introduction

There are more than 4,000 estimated shipwrecks in the Gulf of Mexico; 75 to 80 percent of these wrecks are believed to lie within 6.2 miles of the coastline (Garrison et al. 1989:85, 118; Pearson et al. 2003). The state of Texas itself has more than 1,900 shipwrecks in the Gulf of Mexico and navigable state waters, including both reported wrecks and recorded archeological sites. The territorial water of Texas extends 10.4 miles into the Gulf, greater than all 50 states except the west coast of Florida, which is also 10.4 miles. Texas' Gulf coverage is approximately 5,363 square miles of water.

The THC's Marine Archeology Program is responsible for the management of cultural resources in state waters and for the review of maritime-based state and federal project work related to compliance with the Antiquities Code of Texas/Texas Administrative Code and Section 106 of the National Historic Preservation Act. As part of this process, the THC reviews proposed projects such as channel improvement, dredging, and maintenance; oil and liquid natural gas (LNG) work; bridge construction, replacement, and expansion; marina and dock construction; and harbor improvements. More than 80 percent of the proposed projects and permit applications reviewed by the Marine Archeology Program are related to oil and LNG work.