Texas Administrative Code › Title 13 - CULTURAL RESOURCES › Part 2 - TEXAS HISTORICAL COMMISSION › Chapter 28 - HISTORIC SHIPWRECKS › Section 28.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Avoidance Margin--the
				area around a significant magnetic anomaly or sonar target in which the
				proposed activity cannot occur, i.e. the anomaly or target must be avoided by
				the margin, unless the source of the anomaly or target is investigated and
				shown, to the satisfaction of the commission, to be not historically
				significant or is mitigated in some fashion approved by the commission. The
				avoidance area will generally be defined by a circle or oval, the outer limits
				of which are separated from the approximate outer edges of the contoured
				magnetic anomaly by the appropriate avoidance margin.
(2) Commission--the Texas Historical
				Commission.
(3) Person--any
				individual, firm, partnership, association, corporation that is public or
				private and profit or nonprofit, trust, political subdivision, agency of the
				state, or agency of the federal government who conducts or causes to be
				conducted any activity which would cause damage to a state archeological
				landmark.
(4) Shipwreck--any
				watercraft or aircraft that is 50 years old or older, including any part of
				them or contents of them, and is sunken or abandoned in, on, or under the
				surface of any land, including submerged land, belonging to the State of Texas
				or to any county, city, or other political subdivision of the state.
(5) Significant magnetic anomaly--best
				engineering judgment should be used to determine if the source of a magnetic
				anomaly might be historically significant. Determination of magnetic anomaly
				source significance must be made by a person experienced in the archeological
				interpretation of magnetometer data, taking into consideration the amplitude,
				duration, orientation, and complexity of each anomaly or anomaly
				cluster.
(6) Significant sonar
				target--best engineering judgment should be used to determine if the source of
				a sonar target might be historically significant. Determination of potential
				target source significance must be made by a person experienced in the
				archeological interpretation of sonar data, taking into consideration the size
				and shape of the visible target and any associated magnetometer data which
				might reveal the potential for buried, unseen parts of the target.
(7) State Archeological Landmark--any
				cultural resource located in, on, or under the surface of any land, including
				submerged land, belonging to the State of Texas or to any county, city, or
				other political subdivision of the state, or a site officially designated as a
				landmark at an open public hearing before the commission. Any pre-twentieth
				century shipwreck is automatically a state archeological landmark. Any
				shipwreck, as defined in paragraph (4) of this section, that is not
				pre-twentieth century but meets the criteria under §
									RSA 26.9
				of this title is also eligible to be officially designated as a state
				archeological landmark.
(8)
				Submerged land--land belonging to the State of Texas, including its tidelands,
				submerged land, and the beds of its rivers and the sea within jurisdiction of
				the State of Texas or any political subdivision of the State of
				Texas.