La. Admin. Code tit. 25 § I-193

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

Section I-193 - Emergency Landmark Designation

A. When it appears that an Indian burial site having extraordinary archaeological value has been excavated or is in imminent danger of being desecrated in violation of Louisiana law (particularly R.S. 8:653), the commission may make an emergency designation of such Indian burial site as a state archaeological landmark.

B. Emergency designations affecting private lands or excluded public lands shall be adopted by resolution of the commission or by order of the state archaeologist. Such resolution or order shall set out and include:

1. a map or description identifying the limits of the geographic area found hereunder to constitute an Indian burial site;

2. a statement specifying the archaeological evidence supporting such finding and declaration;

3. a description of the excavation or threatened desecration in violation of law on which the emergency action of the commission or the state archaeologist is predicated.

C. The commission may take such additional legal action in the conservation and preservation of an Indian burial site as is authorized by law, including the action authorized by R.S. 41:1612.

D. Notice of the designation of an Indian burial site on private lands or excluded public lands as a state archaeological landmark shall be communicated promptly to the landowner or appropriate agency head. Notice shall be executed by mailing or delivering a copy of the resolution or order making such designation.

E. Any landowner on whose property an Indian burial site has been designated a state archaeological landmark and who objects to such designation is entitled to a hearing and review as provided for under Subchapter A, §119 Similarly, the head of any agency involved in such designation on excluded public lands is entitled to the due process procedures of Subchapter A, §119

F. Should no protest or application for a hearing be made by a private owner or an agency head within 120 days of the posting of a written notice designating an Indian burial site as a state archaeological landmark under this Subchapter, such designation shall be final and conclusive.

La. Admin. Code tit. 25, § I-193

Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:385 (September 1975).

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