La. Admin. Code tit. 25 § I-149

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

Section I-149 - Landmarks-Private Lands

A. Any prehistoric or historic site defined by R.S. 41:1607(1) and located upon private lands may be designated a state archaeological landmark provided that prior to entering such designation in the registry, the commission first secures the voluntary written permission of the landowner or landowners to do so. The agreement of consent will vary according to specific circumstances, but in general it will contain the provisions suggested in the following outline.

1. The geographic limits of the proposed landmark will be described in a manner sufficient to locate the site upon the ground.

2. There will be a statement to clarify that landowner consent for a site to become a landmark does not constitute a forfeiture of all control over the land upon which the site is located.

3. There will be a statement to acknowledge that landowner consent for a site to become a landmark does represent a pledge on the part of the landowner or landowners to preserve and protect the site as a nonrenewable cultural resource.

4. There will be a statement specifying the precise degree of jurisdiction transferred to the commission with respect to determining who shall be allowed to enter upon the landmark for the purpose of removing artifacts and specimens of all types or for the purpose of violating the site by any form of excavation for whatever reason.

5. There will be language encouraging the landowner to remove the landmark from cultivation or stipulating those plaza or village areas that may be subjected to continued normal cultivation under the agreement.

6. There will be a statement of recognition that all contractors authorized by the commission must respect the rights of the landowner and will be held liable for damage to all access routes, property, and lands adjacent to the landmark.

7. There will be a clear statement stipulating who shall retain title to all artifacts and other physical remains recovered from the landmark under the provisions of a contract for survey and salvage.

8. There will be a statement setting out the exact limits and degree of public access to the landmark, if any, that are acceptable to the landowner and to the commission once the landmark has been investigated, properly restored, and stabilized.

9. All special conditions and restrictions will be described fully in a manner acceptable to both the commission and the landowner or landowners.

La. Admin. Code tit. 25, § I-149

Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:381 (September 1975).

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