Louisiana Administrative Code
Title 25 - CULTURAL RESOURCES
Part I - Office of Cultural Development
Chapter 1 - Division of Archeology
Subchapter C - Registry
Section I-147 - Landmarks-Excluded Public Lands
Universal Citation: LA Admin Code I-147
Current through Register Vol. 50, No. 9, September 20, 2024
A. Any prehistoric or historic site defined by R.S. 41:1607(1) and located on excluded public lands may be designated a state archaeological landmark provided that prior to entering such designation in the registry the commission first secures permission to do so by the following actions.
1. Give notice in writing to the appropriate
agency, political subdivision, or other entity, defined in LAC
25:I.101.State-Owned Lands or Lands Belonging to the State of
Louisiana. The notice shall state that the commission intends to
include a designated geographic area of land in the registry as a state
archaeological landmark. The notice shall include a reasonable description of
the limits of the proposed landmark, set out the reasons for the intended
designation, describe all responsibilities pertaining to the preservation and
upkeep of the landmark, and specify that the notified party may within a period
of 30 days apply to the commission for the holding of a hearing prior to action
on the proposed landmark designation.
2. Hold a hearing on the proposed landmark
designation should one be requested within a period of 30 days after mailing of
the notice. Upon receipt of a request for a hearing, the chairman of the
commission shall set a time not less than 30 nor more than 90 days from the
date of receipt of such request. The interested party shall be advised promptly
of the decided date, time, and place of such hearing and of the right to be
represented by counsel and to present witnesses and any other evidence and
testimony relevant to the determination of suitability for the site as a state
archaeological landmark.
3. Obtain
a written agreement from the agency, political subdivision or other entity
holding title to the land upon which the landmark is located. The agreement
shall state that the proposed landmark will be protected as a cultural resource
and that, subject to the outcome of intergovernmental contract review, the
commission shall have the sole jurisdiction to award contracts for survey and
salvage at the site. Such agreement of consent will stipulate that all
subsequent investigation or alteration of the landmark will be done in strict
compliance with the requirements of the regulations adopted by the commission.
The agreement of consent will specify which agency or political subdivision
shall retain title to all artifacts and other physical remains recovered from
the landmark under the provisions of a contract for survey and
salvage.
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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