Louisiana Administrative Code
Title 25 - CULTURAL RESOURCES
Part I - Office of Cultural Development
Chapter 1 - Division of Archeology
Subchapter A - Regulations
Section I-111 - Contract Requirements
Universal Citation: LA Admin Code I-111
Current through Register Vol. 50, No. 9, September 20, 2024
A. All contracts approved by the commission for investigation of a state archaeological landmark shall contain the following requirements.
1. Title to all specimens, artifacts,
materials, and samples resulting from investigations on state archaeological
landmarks on state-owned lands shall be vested in the state of Louisiana. Title
to all specimens, artifacts, materials, and samples resulting from
investigations on state archaeological landmarks on excluded public lands and
private lands shall be clearly specified in the landmark agreement
papers.
2. All specimens,
artifacts, materials, and samples will be deposited with the commission upon
completion of analysis. Normally, analysis will be completed within one year
after the end of field operations. If it can be shown that additional time is
necessary to complete legitimate study already in progress, extensions of six
months duration may be granted, upon petition, at the discretion of the
commission.
3. Original or
duplicate copies of all field notes, maps, drawings, and photographs will be
deposited with the Louisiana Archaeological Survey and Antiquities Commission
within 90 days after the end of field operations. Duplication of such records
will be done at the contractor's expense. To protect the publication rights of
the archaeologist in charge, such primary field data will not be released by
the commission in any form for a period of one year.
4. The Louisiana Archaeological Survey and
Antiquities Commission will determine, in accordance with the title
arrangements of landmark agreements, the final disposition of all artifacts,
specimens, materials, and data recovered by investigations on state
archaeological landmarks. In determining final disposition, the commission will
take into consideration the advantages of making comparative type collections
and specimens for public display available to the educational institutions and
accredited museums throughout the state. In exceptional instances, as
determined by the commission, collections and other data may be deposited in
scientific and educational institutions and museums located outside the state.
In all cases, the entire range of physical evidence recovered from a state
archaeological landmark on state-owned land remains the property of the state
of Louisiana. A complete record of all artifacts, specimens, material, and data
distributed by the commission will be incorporated into the central state
archaeological survey files.
5. The
commission shall have the right to duplicate any outstanding item recovered
from a landmark regardless of who retains title to the original specimen.
Duplicates made for or by the commission will be clearly and permanently marked
as such. The copied specimens will be used to promote increased public exposure
to the state's outstanding antiquities without danger of loss to the original
artifacts.
6. Contractors shall be
responsible for cleaning, cataloging, and preserving all collections,
specimens, samples, and records. The cataloging shall be accomplished in a
manner consistent with the uniform catalog system established by the
commission.
7. No contract will be
granted for a period of more than one year, but if the work has been diligently
prosecuted under the contract, the time may be extended upon application
showing good cause.
8. The contract
shall contain all special regulations governing the particular investigation to
be undertaken.
9. Contracts to
become executory shall be signed by the state archaeologist or his authorized
representative, the contractor, and the professional archaeologist who assumes
responsibility for the project.
10.
The contractor will have a copy of the contract available at the site of the
investigation during all working hours. Any authorized member or agent of the
commission, any landowner of a landmark on private lands, and any
representative of a governmental agency having jurisdiction over a landmark on
excluded public lands may at any time visit the area or site being investigated
under the contract. Such a representative may examine the contract as well as
the field records, materials, and specimens being recovered.
11. If the contractor fails to comply with
the contract, or fails to conduct properly or to complete the project, the
commission may terminate the contract upon the giving of notice and hearing to
the contractor. Upon cancellation, the contractor shall cease work immediately
and vacate the area or site within 24 hours, including removal of all personnel
and equipment. Through cancellation of a contract, the contractor forfeits all
rights as herein provided to the specimens and data recovered. A contract which
has been canceled can be reinstated by the commission if good cause is shown
within 30 days of the cancellation.
12. Institutions, museums, organizations,
corporations, and persons receiving contracts for investigation of state
archaeological landmarks shall, after completion of the work, restore the lands
on which they have worked to their former condition, to the satisfaction of the
commission and, in the case of landmarks on private lands, to the satisfaction
of the landowner.
13. Contractors
shall be responsible for preparation of a written report describing in full the
results of the investigation. The report should be suitable for publication,
follow the style and format of American Antiquity, and be of
high professional quality. The contractor shall furnish the commission with an
original and 25 copies of the report which have been reproduced by superior
duplicating processes such as multilith or Xerox. All photographs must be
legible, and an original set of photographic prints should accompany the
report. The reports will be treated as central state archaeological survey
files, and no duplication will be allowed without the permission of the author
and the commission.
14. No contract
issued by the commission may be transferred in whole or in part to any other
institution, museum, corporation, organization, or individual without the
expressed written approval of the commission.
AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1601-1613.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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