La. Admin. Code tit. 25 § I-147

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

Section I-147 - Landmarks-Excluded Public Lands

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.

La. Admin. Code tit. 25, § I-147

Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:380 (September 1975).

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