La. Admin. Code tit. 25 § I-111

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-111 - Contract Requirements

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.

La. Admin. Code tit. 25, § I-111

Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:377 (September 1975).

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1601-1613.