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Cultural Resources
Part I. Office of Cultural Development
Chapter 1. Division of Archaeology
Subchapter A. Regulations

 

§101. Definitions

Burial Furniture - movable property or artifacts found in association with interments at Indian burial sites. Examples of burial furniture include but are not limited to clothing, beads, pottery, knives, muskets, weapons, plates, bowls, and other containers, utensils, and ornaments made of ceramic materials, glass, copper, iron, brass, or shell.

Commission - the Louisiana Archaeological Survey and Antiquities Commission created by and acting pursuant to the provisions of R.S. 41:1601-1613 inclusive and amended by R.S. 41:1601-1614 inclusive.

Contract or Contract for Survey and Salvage - a written agreement entered into by the secretary under the authority of R.S. 41:1607 for the study, conservation, and salvage of historic and prehistoric resources within a designated state archaeological landmark or on state-owned lands.

Contractor - a party that has entered into a contract for survey and salvage with the secretary under the provisions of the regulations.

Division - the Division of Archaeology created by and acting pursuant to the provisions of R.S. 41:1601-1614 inclusive.

Excluded Public Lands - public lands title to which is vested in or under the control and management of the public entities described in State-Owned Lands or Lands Belonging to the State of Louisiana below.

Historical and Prehistoric Resources - the entire range of archaeological sites and remains and includes but is not limited to:

1. prehistoric Native American or American Indian campsites, dwelling, habitation sites, burial grounds, mounds, and all sites of every character;

2. historical sites of all ethnic groups and in both rural and urban areas of the state including house sites, plantations, camps, and industrial sites, as well as the buildings and the objects from these sites;

3. all sunken or abandoned ships and wrecks of the sea or rivers, or any part of the content thereof;

4. all archaeological material such as artifacts embedded in the earth or underwater; and

5. all maps, records, documents, books, artifacts, and implements of culture which relate to such archaeological remains.

Indian Burial Site - any location used by historical or prehistoric Indians for the interment of deceased Indians as determined by archaeological research. Burial sites include cemeteries, graveyards, burial grounds, and other configurations.

Investigation - the study of a state archaeological landmark through testing, excavation, removal of artifacts and material, or any other process which alters the landmark or its associated physical remains and characteristics.

Private Lands - lands which are not public lands nor owned by the United States of America, the state of Louisiana, or any department, agency, or instrumentality thereof.

Professional Archaeologist - a person who meets the minimum qualifications listed in 102 below.

Reference Series - publications which are basic source material needed in the study, management, or presentation of archaeological information. Publications in the reference series include but are not limited to Louisiana's Comprehensive Archaeological Plan and the Annotated Bibliography of Cultural Resource Survey Reports.

Regulations - the rules and regulations provided for in hereof, and as this instrument may be amended hereafter.

Secretary - the secretary of the Department of Culture, Recreation and Tourism.

State Archaeological Landmark or Landmark - a geographic area situated on state-owned lands, excluded public lands, private lands, or a combination thereof, which is accepted and approved for inclusion by the commission in the Registry of State Archaeological Landmarks.

State-Owned Lands or Lands Belonging to the State of Louisiana - all public lands within the limits of the state, including tidelands, submerged lands, and the bed of the sea within the jurisdiction of the state of Louisiana, other than lands title to which is vested in:

1. the United States of America or any of its agencies, departments, or instrumentalities;

2. local political subdivisions of the state of Louisiana including, but not limited to, municipalities, parishes, and special taxing districts; and

3. the three management boards for higher education created pursuant to Article VIII, Sections 6 and 7 of the 1974 Constitution.

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1601-1614.

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:375 (September 1975), amended by the Department of Culture, Recreation and Tourism, Division of Archaeology, LR 20:409 (April 1994).

§102. Minimum Qualifications for Professional Archaeologists

The following information outlines the basic educational and training requirements that a person must have to direct archaeological investigations on state property. In addition to basic educational requirements, the person must demonstrate expertise in historic archaeology if the project is mainly historical in nature or in prehistoric archaeology if the resources are primarily prehistoric. If the resources are underwater, the person must demonstrate expertise in underwater archaeology. These minimal qualifications parallel in large part those included in the "Archeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines" (Federal Register, Vol. 48, Number 190 September 29, 1983) and in the Guide to the Society of Professional Archaeologists, "Requirements for Membership and Certification" (1993). A person who wishes to conduct archaeological investigations on state property must document that s/he has the education, training, and appropriate expertise listed below.

1. Basic Educational Requirements. To meet the basic educational requirements, a person must have designed and executed an archaeological study as evidenced by a thesis or dissertation, and must have been awarded an advanced degree, such as an M.A., M.S., Ph.D., or D.Sc., from an accredited institution in archaeology, historical archaeology, anthropology with a specialization in archaeology, or history with a specialization in archaeology. If the thesis or dissertation is not based primarily on field research in archaeology, the person must have designed and executed an archaeological study or report based on field research equivalent in scope and quality to an M.A. or M.S. thesis or Ph.D. or DSC. dissertation.

2. Basic Training Requirements for Each Area of Expertise

a. Historical Archaeology. Historical archaeology is defined as the application of archaeological techniques to sites relating either directly or indirectly to a literate tradition. Historical archaeology is most often devoted to the study of sites that date to the expansion of literate populations since the fifteenth century. To qualify as a historical archaeologist, a person must:

i. document a minimum of one year of field and laboratory experience with sites and artifacts of the historic period, including 24 weeks of fieldwork, of which no more than 12 can be survey, and eight weeks of laboratory work under the supervision of a professional archaeologist, and an additional 20 weeks in a supervisory or equally responsible capacity;

ii. document a historical archaeological report on field research, prepared wholly or in the majority by the person requesting recognition as a professional historical archaeologist;

iii. demonstrate experience or training in primary archival research under the supervision of a competent specialist as documented by a report, a course transcript, or a letter of reference;

iv. show the design and execution of a historical archaeological study as evidenced by an M.A. or M.S. thesis, Ph.D. or D.Sc. dissertation, or a report equivalent in scope and quality; and

v. be knowledgeable about the recovery and interpretation of both archaeological and archival data, and be familiar with the material remains including artifactual components and with their conservation and preservation.

b. Prehistoric Archaeology. Prehistoric archaeology is defined as the application of archaeological techniques to sites relating to preliterate or nonliterate Native American traditions. Prehistoric archaeology is most often devoted to the study of Native American sites of the time before Europeans arrived, but it may also relate to Native American archaeology of the contact period. To qualify as a prehistoric archaeologist, a person must:

i. document a minimum of one year of field and laboratory experience with sites and artifacts of the prehistoric period including 24 weeks of fieldwork, of which no more than 12 can be survey, and eight weeks of laboratory work under the supervision of a professional archaeologist, and an additional 20 weeks in a supervisory or equally responsible capacity;

ii. document a prehistoric archaeological report on field research, prepared wholly or in the majority by the person requesting recognition as a professional prehistoric archaeologist;

iii. show the design and execution of a prehistoric archaeological study as evidenced by an M.A. or M.S. thesis, Ph.D. or D.Sc. dissertation, or a report equivalent in scope and quality; and

iv. be knowledgeable about the recovery and interpretation of archaeological data and be familiar with the material remains including artifactual components and with their conservation and preservation.

c. Underwater Archaeology. The term underwater archaeology is used to mean archaeological investigations in situations where scuba or surface supplied air equipment is required. Generally, this will apply to sites that are totally submerged in the Gulf of Mexico or in lakes, rivers, or bayous. Underwater archaeology can be divided into prehistoric sites, historical sites, and nautical sites (ships and their related harbor structures). To qualify as an underwater archaeologist, a person must:

i. document a minimum of one year of field and laboratory experience with underwater sites and related artifacts, including two weeks of field experience and training in underwater survey techniques and demonstrate familiarity with the general theory and application of varied remotesensing technology;

ii. document both 24 weeks of supervised underwater fieldwork and 20 weeks of supervisory underwater archaeological fieldwork;

iii. show experience or training in the recovery and interpretation of both archaeological and archival data and, for nautical archaeology, familiarity with the history and technology of navigation and shipbuilding;

iv. document the design and execution of an underwater archaeological study as evidenced by an M.A. or M.S. thesis, or Ph.D. or D.Sc. dissertation, or a report equivalent in scope and quality; and

v. be knowledgeable in dealing with watersaturated artifacts and preservation and conservation methods;

vi. for persons specializing in underwater prehistoric sites, experience and training comparable to that specified in the section entitled Prehistoric Archaeology should be documented. For persons specializing in underwater historical sites, experience and training comparable to that specified in the section entitled Historical Archaeology should be documented. Persons specializing in nautical archaeology must be knowledgeable about both archaeological and archival data pertaining to ships.

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1601-1614.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Division of Archaeology, LR 20:410 (April 1994).

§103. State-Owned Lands - Contract Required

No person shall excavate, dig into, remove from, take, or alter a state archaeological landmark or any other archaeological site on state-owned lands except pursuant to and in accordance with the terms and provisions of a contract for survey and salvage.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:376 (September 1975).

§105. Purposes of Contracts

A contract for survey and salvage shall be executed by the state archaeologist or his authorized representative, acting pursuant to the authority of a resolution of the commission approving such contract. Contracts will be granted by the commission for the following purposes:

1. investigations oriented toward the solution of a particular research problem;

2. preparation of a site for public interpretation;

3. restoration and preservation of a site as a nonrenewable cultural resource;

4. salvaging information and specimens threatened with immediate partial or total destruction;

5. investigations undertaken by the commission acting through a contractor for any of the commission purposes under the act.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:376 (September 1975).

§107. Manner of Investigation - Minimum Standard

Investigations undertaken on state archaeological landmarks must be carried out in such a manner that the maximum amount of historic, scientific, archaeological, and educational information will be recovered and preserved. Such investigations must involve the exclusive use of standard and accepted scientific techniques of excavation, recovery, recording, preservation, and analysis. New or unusual techniques, and the use of earth moving machinery, must be approved in the contract. All measurements will be recorded using the metric system.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:376 (September 1975).

§109. Contractors

A. The award of contracts by the commission will be limited to those persons and groups who can demonstrate an ability to carry out proper archaeological investigations.

B. Subject to the requirements of 109.C which establish a standard of archaeological competency, contracts may be applied for by:

1. scientific and higher educational institutions;

2. nonprofit corporations and organizations;

3. governmental agencies, departments, or other instrumentalities;

4. established museums which have met the standards of accreditation set by the American Association of Museums or are judged by the commission to be of equal status;

5. archaeological societies whose projects are sponsored by an entity described in 109.B.1-4;

6. qualified graduate students or other individuals who demonstrate the qualifications to undertake and complete a specific project of limited scope under the close on-site supervision of a professional archaeologist;

7. other entities, including private research consultants, whose projects are directed to any of the purposes defined in 105.

C. Contractors must furnish proof satisfactory to the commission that adequate funds, equipment, facilities, and personnel are available to conduct the investigation professionally and as approved in the contract, to restore the site to its original condition, and to report the results. Additionally, contractors must show that they have retained a professional archaeologist, to supervise directly and to be responsible for the overall execution of the project from field investigation through preservation of collections and analysis of data to reporting of the results.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:376 (September 1975).

§111. Contract Requirements

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.

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

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

§113. Types of Contracts

Three categories of contracts, oriented toward specific types of investigation, will be recognized by the commission. When a state archaeological landmark on private lands or excluded public lands is involved, each type of contract must be endorsed by the landowner or by an appropriate governmental official respectively. The three categories of contracts that will be authorized to be executed by the commission under the act and regulations are as follows:

1. Survey and Reconnaissance - a contract for the purpose of searching a specific area for sites by visual examinations of the surface or by use of specialized equipment such as magnetometers and metal detectors. Under this type of contract, investigation is limited to recording site locations, mapping, photographing, controlled surface collecting, soil augering to determine depths of midden deposits, and aerial reconnaissance.

2. Testing - a contract allowing detailed examination of a particular site by systematic test excavations of limited scope.

3. Excavation - a contract providing for full investigation and extensive excavation of a particular locality.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:378 (September 1975).

§115. Applications for Contracts

A. Applicants qualified in compliance with 109 foregoing and desiring a contract for investigation of a state archaeological landmark shall file an application with the commission at least three months prior to the proposed beginning date of field operations.

B. Applications for contracts shall be prepared on standard forms available from the commission. The applications must include:

1. a statement of the purpose of the investigation;

2. an outline of the proposed work;

3. an accurate sketch plan of the particular site or area to be investigated and a map showing the latitude and longitude;

4. a proposed beginning date for the field work and an estimated length of time which will be devoted to field work;

5. the name, address, and telephone number of the professional archaeologist who will be in immediate charge of the project;

6. the location where the specimens, material, and data will be kept during the analysis of the results of investigation;

7. the proposed date of submission of a final report describing the results of the investigation;

8. evidence of adequate funds, personnel, equipment, and facilities to complete the proposed investigation properly and to restore the landmark to its original condition.

C. Special circumstances may require that a contract be executed on short notice, especially when a site is threatened with immediate destruction. In such cases, application procedures are the same except that the three months lead time is waived. The chairman will poll commission members for immediate approval or disapproval of such emergency applications.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:378 (September 1975).

§117. Intergovernmental Contract Review

On receipt of an application for a contract to carry out investigations on state lands, the commission will refer such application routinely to the agency or political subdivision having administrative control of the land upon which the site is located. Such original review will be accomplished prior to final approval by the commission.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:379 (September 1975).

§119. Due Process Provisions

Any applicant whose application has been denied, or any other interested party who in any manner has been aggrieved by any provision of the regulations, may file a petition for hearing and review of such denial of application or other grievance by the commission. Such a petition shall be reviewed by the commission, or a committee thereof, and if it appears that the petitioner has sufficient cause, the hearing requested shall be conducted. If after conducting the hearing it appears that the petitioner is entitled to the relief sought, the commission shall adopt appropriate action. If the commission declines to adopt action granting the release sought by the petitioner, the petitioner shall be entitled to seek relief as may be provided for by law.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:379 (September 1975).

§121. Regulations Severable

Provisions of these regulations are declared to be severable, and should any part hereof be declared by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining parts of the regulations shall remain in full force and effect. All actions of the commission in conflict herewith are repealed to the extent of such conflict.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:379 (September 1975).

§122. Fees

A. Printed Material. A fee shall be charged for each publication in the reference series and for posters developed by the division. Fees shall be computed based on the estimated cost of developing, printing, mailing, and handling of each publication or poster.

B. Photocopying. A fee of $ .10 per copy shall be charged for photocopying information including site forms and reports maintained by the division.

C. Curation of Archaeological Collections. A one time fee of $200 shall be charged for processing and long-term curation of a standard box of artifacts deposited with the division. A standard box measures 12 X 10 X 15 inches and the contents can weigh no more than 30 pounds (13.6 kg). Oversize artifacts shall be assessed at the rate of $200 per cubic foot. The fee must be paid within 30 days of billing.

D. Fee Waivers. Fees may be waived as described in the division's Archaeological Code of Louisiana.

E. Fee Adjustments. Fees may be periodically readjusted to reflect changes in product costs and services.

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1601-1614.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Division of Archaeology, LR 20:411 (April 1994).

Subchapter B. Louisiana Archaeological Survey and Antiquities Commission

§123. Purpose

The purpose of the Louisiana Archaeological Survey and Antiquities Commission is to promote the goals and objectives of the Department of Culture, Recreation and Tourism and to act in an advisory capacity to that department and its secretary in their administration of the Archaeological Resources Act (R.S. 41:1602).

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1601-1614.

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:380 (September 1975), amended by the Department of Culture, Recreation and Tourism, Division of Archaeology, LR 20:411 (April 1994).

§124. Bylaws

The bylaws govern the conduct of business by the Louisiana Archaeological Survey and Antiquities Commission.

1. A chairperson shall be selected annually at the fall meeting of the commission and shall preside over meetings of the commission.

2. The commission shall meet at least four times a year and on other occasions, if necessary, at the discretion of the chairperson. Notice of all meetings shall be mailed to each member prior to the meeting. All meetings shall be open to the public and shall be held in accordance with all appropriate state laws. Robert's Rules of Order shall be the final authority on matters of parliamentary procedure. Minutes of the meetings shall be reduced to writing and retained by the Division of Archaeology.

3. Action of the commission shall be by the affirmative vote of a majority of the members of the commission attending a meeting, provided that a quorum of six or more such members is present. Proxy votes authorized by the written consent of an absent commission member are permissible.

4. There shall be an executive committee composed of the chairperson, vice-chairperson, and state archaeologist. The executive committee is authorized to exercise the powers of the commission when the calling of an emergency meeting of the commission is impossible or not warranted. All actions adopted by the executive committee shall be submitted to the commission members for their consideration and ratification at the next regular meeting of the commission.

5. Commission members shall be paid a per diem and reasonable and necessary expenses incurred according to the authorization established in R.S. 41:1602, if funding permits.

6. Members shall comply with all state laws relating to ethics and conflicts of interest.

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:1601-1614.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Division of Archaeology, LR 20:411 (April 1994).

Subchapter C. Registry

§141. Creation and Maintenance of Registry

The provisions of Subchapter C define and create a registry of state archaeological landmarks, hereafter referred to as "registry." The registry will consist of an inventory of landmarks that are approved by the commission. The inventory shall be maintained by the secretary of the commission in a special book of record marked Louisiana Registry of State Archaeological Landmarks. The registry shall be placed in the permanent archives and records of the commission under the official custody of the state archaeologist.

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

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

§143. Purpose of Landmarks

Prehistoric and historic sites will be registered as state archaeological landmarks by the commission in order to insure that such sites will be preserved and protected to the maximum extent possible.

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

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

§145. Landmarks - State-Owned Lands

Any prehistoric or historic site defined by R.S. 41:1607(1) and located in, under, or on lands belonging to the state of Louisiana may be included in the registry at the discretion of the commission.

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

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

§147. Landmarks - Excluded Public Lands

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 Subchapter A, 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.

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

§149. Landmarks - Private Lands

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.

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

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

§151. National Register

State archaeological landmarks determined by the commission to be of major scientific and educational value will be nominated through prescribed channels for inclusion in the National Register of Historic Places.

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

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

§153. Landmark Declassification

Any state archaeological landmark may be determined by resolution of the commission to be of insufficient historical, archaeological, or scientific interest to warrant its further classification as such. Upon such determination the site may be removed from the registry.

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

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

Subchapter D. Files and Custodianship

§155. Central State Archaeological Survey Files

The provisions of this Subchapter establish the central state archaeological survey files as authorized by R.S. 41:1607(5). The files shall be maintained in the office of the state archaeologist under his care, custody, and responsibility, acting for and on behalf of the commission. Also contained in this Subchapter are provisions which clarify the custodianship and use of state-owned antiquities.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:382 (September 1975).

§157. Contents of Files

The central state archaeological survey files shall include all available information on known historic and prehistoric sites located within the state of Louisiana. Such information may include geographical references, site descriptions, field notes, maps, drawings, photographs, and related documents of every description. The files will contain a complete catalog record of all antiquities and objects recovered from state lands or donated from other lands that are in the control and possession of the commission.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:382 (September 1975).

§159. Supplementary Files

The central state archaeological survey files additionally consist of files and records in the following locations and under the care and custody of the following designated institutions:

1. Museum of Natural Science

Louisiana State University

Baton Rouge, Louisiana 70803

2. Department of Social Sciences

Northwestern State University of La.

Natchitoches, Louisiana 71497

3. Department of Geosciences

Northeast Louisiana University

Monroe, Louisiana 71209

4. Department of Anthropology

University of New Orleans

New Orleans, Louisiana 70148

5. Department of Sociology and Anthropology

University of Southwestern Louisiana

Lafayette, Louisiana 70504

6. Archives and Records Division

Louisiana Secretary of State's Office

Baton Rouge, Louisiana 70804

7. Environmental Unit

Louisiana Department of Transportation and

Development

Baton Rouge, Louisiana 70804

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:382 (September 1975).

§161. Deputy Custodians

The appropriate officers of the entities listed in 159 are appointed and designated as deputy custodians of the central state archaeological survey files. The deputy custodians shall be responsible for the files and objects presently in their possession and as hereafter may come into their official possession pursuant to the regulations. Deputy custodians of the central state archaeological survey files shall maintain an up-to-date inventory of all antiquities and objects in their possession and file the same with the state archaeologist. A duplicate copy of all files in the possession of each deputy custodian shall be made available to the commission upon request.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:382 (September 1975).

§163. Private Custodianship Contracts

Private universities or colleges and museums which are accredited or approved by the commission may participate in the supplementary files system by entering into a custodianship contract with the commission. The custodianship contract shall designate the contracting institution as a deputy custodian and provide for full participation in the central state archaeological survey files system. Deputy custodians appointed through custodianship contracts shall be subject to all requirements and responsibilities contained herein.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:382 (September 1975).

§165. Access to Files

Access to the central state archaeological survey files will be restricted to those agencies and persons who, in the opinion of the state archaeologist or appropriate deputy custodian, have a legitimate need for the information contained therein. Easy access to the files will be provided to all scientific and educational institutions, professional archaeologists, students, government agencies, archaeological societies, and other individuals who are pursuing valid research needs. Access will not be provided automatically, however, to those groups or persons lacking specific purpose or requirements unless a clear scientific or educational intent can be demonstrated. The central state archaeological survey files will be maintained to protect archaeological resources and to contribute to scholarship and scientific advancement; the files will not be maintained to facilitate the location of archaeological sites for activities specifically prohibited by R.S. 41:1609.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:382 (September 1975).

§167. Custodianship of State-Owned Antiquities

All antiquities and objects recovered from state lands or donated to the state from private lands or excluded public lands shall become the legal responsibility of the commission. Such antiquities shall be deposited with the commission and recorded in the central state archaeological survey files. The final repository of state-owned antiquities will be decided by the commission on the basis of maximum public exhibit consistent with the full protection and preservation of such antiquities as nonrenewable cultural resources. State antiquities deposited with deputy custodians may be recalled by the commission at any time should such action be warranted in the opinion of a majority of commission members.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:382 (September 1975).

§169. Burial Furniture and Physical Remains

Burial furniture and physical remains removed from an Indian burial site and unclaimed by a legal heir shall be recorded in the central state archaeological survey files and shall be afforded the same protection as other state-owned antiquities that are in the control and possession of the commission. Such items may be deposited in educational institutions and accredited museums under the care of a deputy custodian designated by the commission.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:382 (September 1975).

§171. Use of Antiquities

No object or antiquity recorded in the central state archaeological survey files shall be sold, loaned, or otherwise lost or disposed of except pursuant to the authority of the commission. However, nothing herein contained shall be construed as preventing a deputy custodian from providing for such use of objects and antiquities as is necessary and incidental to the educational programs of the institution at which such objects and antiquities are stored and maintained, or for any other use as a cultural and educational resource.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:383 (September 1975).

Subchapter E. Program

§173. Purpose

The provisions of Subchapter E initiate and adopt a program of archaeology for the state of Louisiana as authorized and directed by R.S. 41:1607.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:383 (September 1975).

§175. Archaeological Program

The commission, acting through its officers, staff, employees, committees and contractors, in order to implement and supplement the directives of R.S. 41:1607, shall inaugurate a program of activities in archaeology which will include, but not be limited to, the following endeavors:

1. revise, extend, improve, and promote the Registry of State Archaeological Landmarks;

2. contribute to the public awareness and understanding of the state's historic and prehistoric resources by:

a. designing and maintaining a system of exhibits and interpretive displays;

b. issuing regular news releases to the public media;

c. providing a series of accurate and informative publications directed to the nonprofessional audience;

d. cooperating with state archaeological societies;

e. making commission records, files, and expertise available to students from all institutions of higher education;

f. developing a lecture program and audio-visual aids suitable for use by civic and school groups within the state;

3. encourage participation by private landowners in the process of conservation, preservation, and investigation of prehistoric and historic resources;

4. undertake a comprehensive survey of the entire state and its offshore waters to determine the full extent of existing nonrenewable cultural resources;

5. prepare and keep up-to-date a priority list of specific investigations that must be conducted in order to satisfy the objectives of the commission's long-range research strategy. Except in the case of sites threatened with immediate destruction, contracts should be assigned partially on the basis of what the proposed project can contribute to the solution of such overall research problems. Budget requests as well should reflect the priority of investigations;

6. undertake a legislative study exercise to determine the need, if any, for changes in state law to achieve the goals of the commission's program as stated herein;

7. investigate the need for additional regulations to implement Public Law 93-291, adopted May 24, 1974, by the Congress of the United States;

8. standardize the state's archaeological data base by and after interaction and cooperation with all agencies and institutions of higher education actively investigating the history and prehistory of Louisiana. Through standardization of forms used in recording archaeological data and through development of a computer program to process such data, the results of all archaeology conducted within the state shall be made available to and be in a form utilizable by all other archaeologists participating in the system;

9. inform state agencies, departments, and other instrumentalities including subdivisions, special districts, law enforcement officers, and other units of local government of all registered state archaeological landmarks and the regulations pertaining thereto;

10. publish both popular and professional articles of scientific, historic, and prehistoric merit;

11. inform all state agencies, departments, and other instrumentalities of the commission's program, the benefits to be derived from such work, the law pertaining thereto, and the regulations adopted to execute such program;

12. nominate through prescribed channels all state archaeological landmarks determined by the commission to be of major scientific and educational value for inclusion on the National Register of Historic Places. The National Register program will be explained to landowners at the same time sites on private lands are being registered as landmarks;

13. establish and maintain liaisons with archaeological organizations in both the professional and amateur categories for the purpose of:

a. determining the need for action by the commission;

b. identifying new items to include in the program;

c. assessing the need for amendment, repeal or rewriting of the regulations;

d. obtaining input of ideas for better carrying out the purposes, goals, and objectives of the commission;

e. facilitating the preservation, conservation, and proper utilization of the archaeological resources of the state;

14. support federal, state, and private agencies, political subdivisions, and firms in determining the impact of proposed construction projects on all historic and prehistoric resources. The commission may, at its discretion, accept an existing archaeological resources statement, provided that a recent ground survey has been conducted by a professional archaeologist in support of the statement. The commission may also contract with another agency, political subdivision, or firm whose staff includes a professional archaeologist to survey the construction area and to prepare an archaeological resource statement;

15. seek to establish and solicit private support for the Louisiana Archaeological Council. Membership in the council will be open to all professional archaeologists located or working in the state of Louisiana. The council will meet quarterly, whenever possible in conjunction with any other archaeological meeting. The council will serve as an advisory body to the Louisiana Archaeological Survey and Antiquities Commission. It will contribute to a coordinated state archaeological program by providing a medium through which the fruition of on-going investigations can be shared and research assignments can be allocated on a voluntary basis;

16. design, sponsor, and maintain a permanent storage and research facility to be called the Louisiana Center for the Study of Man. Such a building will:

a. serve as permanent headquarters for the commission;

b. provide safe, atmospherically controlled, and perpetual storage for the state's historic and prehistoric resources;

c. house the central state archaeological survey files;

d. contain efficient and adequate facilities for the treatment, preservation, and processing of recovered remains of all types;

e. be the center for uniform, up-to-date type collections of the state's historic and prehistoric artifacts;

f. supply exhibit space for outstanding archaeological specimens deserving of public viewing;

g. provide safe and accessible storage for photographs, books, records, maps, and documents pertaining to Louisiana history and prehistory;

h. facilitate the utilization of collections and field data in the custody of the commission in a manner which encourages maximum analysis and interpretation;

i. serve as a primary research facility for all professional archaeologists, scientists, and students who are interested in and actively studying the history and prehistory of human settlement in the state of Louisiana.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:383 (September 1975).

Subchapter F. Underwater Investigations

§177. Purpose

The provisions of Subchapter F constitute a supplement to the regulations pertaining to the special conditions for location and recovery of sunken treasure.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:384 (September 1975).

§179. Contract Requirements

Contracts for underwater investigations of all types will be issued by the commission in strict compliance with the procedures set forth in the regulations. Due to the potentially high monetary value of the objects that conceivably will be recovered by underwater exploration, the following additional conditions must be satisfied before a contract will be initiated:

1. an applicant must be bonded and financially responsible;

2. contracts for the recovery of sunken treasure will be issued for only one specific underwater site at a time;

3. the contractor must have suitable seaworthy motor vessels, diving apparatus, and related equipment to conduct the search and recovery in a proper and safe manner;

4. the professional underwater archaeologist in charge and all personnel involved in the underwater search and recovery operation must be covered by acceptable liability insurance which is procured at the expense of the contractor;

5. the contractor must bear the expense of having a minimum of one representative of the commission on board the motor vessel at all times;

6. objects retrieved from underwater sites will be inventoried immediately by a representative of the commission and thereafter deposited in a place of safekeeping which has a degree of security commensurate with their value;

7. the contractor must demonstrate the capability for immediate stabilization, treatment, and preservation of the recovered underwater remains, many of which are highly perishable upon exposure to the atmosphere.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:384 (September 1975).

§181. Title to Remains and Compensation

Superior title to all objects recovered from underwater sites located within the river systems, tidelands, submerged lands, or offshore waters falling under the jurisdiction of the state of Louisiana shall be retained by the state. Under certain conditions allowed by R.S. 41:1606 and as approved in advance by the commission, a reasonable percentage of the recovered remains may be allocated to the contractor as fair compensation for their salvage.

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

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

Subchapter G. Indian Burial Sites

§183. Purpose

The provisions of Subchapter G recognize the special nature of Indian burial sites as archaeological landmarks in accordance with the public policy of the state as enunciated in R.S. 8:651 et seq., R.S. 14:101, and laws supplemental thereto declaring that the site of interment of human remains is to be protected from disturbance. Subchapter G further recognizes the need to contribute to the knowledge, understanding, and appreciation of the cultural heritage of historic and prehistoric ethnic American Indian groups and to expand and document the history of such Indian groups by recovery of sufficient archaeological and anthropological evidence from Indian burial sites in proper cases.

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

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

§185. Indian Burial Sites - Contract Required

No person shall excavate, dig into, remove from, take, or alter an Indian burial site on state-owned lands, excluded public lands, or private lands except pursuant to and in accordance with the terms and provisions of a contract for survey and salvage as set out in Subchapter A, 107-119 inclusive. In addition to the requirements of 107-119 inclusive, a contract for survey and salvage pertaining to an Indian burial site shall be found by the commission to have the following special goals:

1. to achieve the purposes set out in 183 of this Subchapter;

2. to restrict excavation to that which is archaeologically necessary so as to not wantonly desecrate the Indian burial site.

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

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

§187. Use of Indian Burial Sites

The provisions of this Subchapter shall not be construed as preventing a landowner from utilizing an Indian burial site for purposes of farming, cattle raising, timber growing, and other similar surface uses that will not result in the disturbance of human remains through excavation or other activities.

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

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

§189. Burial Furniture and Physical Remains

All burial furniture and physical remains removed from an Indian burial site are the property of the state of Louisiana in the event that no person appears who is a legal heir entitled to inherit the property of the Indian who is interred. Such burial furniture and remains that become property of the state shall be placed in the care and custody of the commission or a deputy custodian designated by the commission.

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

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

§191. Indian Burial Sites as Landmarks

Indian burial sites and other cemeteries as defined in R.S. 8:1 et seq. may be declared to be and registered as state archaeological landmarks in accordance with the provisions of Subchapter C, 143-149 inclusive. Failure of the commission or the state archaeologist to identify an Indian burial site or to designate an Indian burial site as a state archaeological landmark shall not alter the status of such site as a cemetery or burial ground within the meaning of R.S. 8:1 et seq. and other laws pertaining to places of interment of human remains.

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

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

§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.

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

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

§195. Accidental Disturbance

Where construction, acquisition, or operation of a building, road, dam, pipeline, or similar improvement project unexpectedly uncovers human remains that appear to fall within the purview of these regulations, the owner, his agents, or other representatives shall delay temporarily, within the specific area where human remains are encountered, all construction or maintenance activity until the following conditions are satisfied:

1. the commission is notified immediately;

2. the human remains and any vestments or other articles interred therewith are preserved and delivered to the commission or a designated deputy custodian of the commission;

3. the owner or person in charge of the construction or maintenance project cooperates with any designated representative of the commission assigned to the site to recover archaeological evidence.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:386 (September 1975).

§197. Prior Archaeological Investigation

Excavation of Indian burial sites by predecessors of the commission, its deputy custodians, the Lower Mississippi Survey, or any other professional archaeologists made prior to the effective date of these regulations for the goals and purposes set forth in 183 of this Subchapter are hereby approved and ratified under the law. Nothing herein shall be construed as approving excavations of Indian burial sites made in violation of Louisiana law prior to the effective date of these regulations.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:386 (September 1975).

§199. Unlawful Removal of Burial Furniture

Whoever without authority of law knowingly excavates an Indian burial site with the intention and for the purpose of taking and removing burial furniture shall be subject to punishment as provided for in R.S. 8:653, R.S. 41:1611, and other applicable law.

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

HISTORICAL NOTE: Promulgated by the Louisiana Archaeological Survey and Antiquities Commission, LR 1:386 (September 1975).

Chapter 3. Division of the Arts

§301. Introduction: Arts Programs in Louisiana

A. Believing that public support for the arts is in the public interest, the Louisiana Legislature has created the Louisiana State Arts Council (the council) and the Louisiana Division of the Arts (the division) to administer state arts programs.

B. The Louisiana State Arts Council, composed of 22 members appointed by the governor, is an advisory body to the division regarding matters relating to support of the arts in Louisiana. The council is responsible for making recommendations on cultural policy, for preparing an annual state plan for the arts, for initiating and coordinating statewide arts programs, for providing technical assistance to community and state arts organizations, and for promoting other artistic activities in the state. Further, the council is responsible for the allocation of arts grant funds.

C. The Division of the Arts, the official state arts agency, is in the Office of Cultural Development, Department of Culture, Recreation and Tourism. The division administers state and federal funds appropriated for arts grants in Louisiana.

D. Philosophy of Assistance. The Louisiana State Arts Council has formally adopted the following policy statement: The arts are an essential part of life in Louisiana. Each citizen has the right to the arts. The Louisiana State Arts Council is a catalyst for participation, education, development, and promotion of excellence in the arts. It is our responsibility to support established arts organizations, nurture emerging organizations, and assist individual artists.

1. The council and division, aware that funds are not sufficient to address all the needs of the arts in Louisiana, agree that their resources are best used to:

a. support organizations which have demonstrated their ability to present or to sponsor programs of demonstrable quality and professionalism with significant impact on the community and the state;

b. support quality arts activities which are the result of community-based effort and planning;

c. support individual artists in their creative work;

d. promote consideration for the aesthetic quality of the physical environment;

e. initiate arts activities which are statewide in scope and impact;

f. further, the division and council believe that their role is to supplement the resources of existing arts organizations. Grants are not to serve as the primary source of funds for an organization.

2. Goals. The council and division have adopted the following goals as appropriate means of achieving the ends set forth in their philosophy of assistance:

a. provide access to quality arts experiences to the people of Louisiana;

b. promote a variety of artistic activities within the state and make the arts available to every segment of the population;

c. assure the equitable distribution of grants to all of the arts and to all areas of the state;

d. encourage private-sector support of arts activities so as to enable the arts and artists to flourish;

e. develop partnerships between state and local arts agencies as these bodies determine arts policy and implement projects;

f. emphasize the importance of the arts as an integral part of basic education;

g. aid in the identification, conservation, and presentation of Louisiana folk culture;

h. promote professionalism in the arts.

3. Each of the goals established by the council and division is important to the state and its citizens.

E. Advisory Panels

1. The council and division have established advisory panels to assist in administering arts grant programs. Panelists are experienced artists, arts administrators, and other professionals knowledgeable in the arts, and are recommended by individuals, organizations, and division staff. The council approves panelists selected by the division to represent all geographic areas and differing aesthetic and cultural perspectives. Appointments are for one year and may be extended to no more than three consecutive years. Contact the division for instructions on nominating panelists.

2. The specific functions of advisory panels are:

a. to advise the council and division concerning the appropriateness of levels of support requested in grant applications;

b. to provide ratings relative to the artistic and administrative merit of proposed projects; and

c. to evaluate the work of applicants for fellowships.

3. Panels review proposals in the following areas: dance, design arts, folklife, literature, media, interdiscipline, music, theatre, visual arts and crafts, arts in education, local arts agencies, and major arts institutions.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:894 and 25:896.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, Division of the Arts, LR 7:625 (December 1981), amended LR 8:510 (October 1982), LR 9:684 (October 1983), LR 11:341 (April 1985), LR 11:1137 (December 1985), LR 13:740 (December 1987), LR 14:845 (December 1988), LR 15:720 (September 1989), LR 17:1202 (December 1991), LR 18:1115 (October 1992), amended LR 19:1356 (December 1993).

§305. Guidelines for Applications

A.1. All applications must be postmarked by March 1. The division will not assume responsibility for lost or misdirected mail. Late applications will be ineligible.

2. Applications will be accepted only for arts activities scheduled to begin no earlier than July 1 and end no later than June 30 of the fiscal year for which the application is submitted.

3. Requests for grants must be submitted on current grant application forms, which may not be altered in any way.

4. Application forms are available from your local arts agency or the Division of the Arts from December 1 to March 1.

5. The guidelines on how grants are to be applied for and awarded will be reviewed yearly. The public is encouraged to provide input during the month of June to be considered for the next year's guidelines.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:894 and 25:896.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, Division of the Arts, LR 7:625 (December 1981), amended LR 8:510 (October 1982), LR 9:684 (October 1983), LR 11:341 (April 1985), LR 11:1137 (December 1985), LR 13:740 (December 1987), LR 14: 845 (December 1988), LR 15:720 (September 1989), LR 17:1202 (December 1991), LR 18:1115 (October 1992), LR 19:1536 (December 1993).

Chapter 5. Bylaws for the Louisiana National Register Review Committee

§501. Statement of Purpose

The National Historic Preservation Act of 1966 (P.L. 89-665, amended) requires that all nominations to the National Register of Historic Places must first be reviewed and approved by a professional review committee. The members of the committee advise the state historic preservation officer in accordance with National Park Service regulations for the implementation of the National Historic Preservation Act of 1966 (36 CFR Part 60, published in Federal Register Volume 46, Number 220, November 16, 1981, pp. 56183-56213; 36 CFR Part 60.6, Subsection M, and 36 CFR Parts 60.11 and 60.12, published in Federal Register Volume 48, Number 198, October 12, 1983, pp. 46306-46308; and 36 CFR Part 61, published in Federal Register Volume 49, Number 73, April 13, 1984, pp. 14900-14901). Additional duties and functions of the committee are defined in R.S. 25:901-902 of the Louisiana Revised Statutes of 1950 (Act Number 661 of 1979 and Act 288 of 1980). These bylaws supersede any other rules for the operation of the committee which may previously have been in effect.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:902.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, Division of Historic Preservation LR 11:683 (July 1985).

§503. Bylaws for the Committee

A. The committee members shall be appointed and shall serve as provided in 36 CFR Part 61 (published in Federal Register Volume 49, Number 73, April 13, 1984, pp. 14900-14901) and R.S. 25:901-902, as amended.

B. The chairman shall be selected annually at the fall meeting by the committee members.

C. The committee members shall also select a vicechairman annually at the fall meeting. The vicechairman shall serve as temporary chairman in the chairman's absence. The chairman, or in his absence, the temporary chairman, shall preside over all meetings of the committee.

D. The committee shall meet at least four times a year as provided by R.S. 25:901-902 and at such other times as the chairman or majority of the members deems necessary.

E. The state historic preservation officer and deputy state historic preservation officer shall be nonvoting members of the committee with all other privileges, and the deputy shall serve as secretary to the committee.

F. Committee members shall be reimbursed according to the authorization established in R.S. 25:901-902, if funding permits.

G. All meetings of the committee shall be open to the public and shall be in accordance with all appropriate state and federal laws. Robert's Rules of Order will be the final authority on matters of parliamentary procedure.

H. Any six members shall constitute a quorum, and a quorum shall be necessary to conduct committee business. The chairman or temporary chairman shall be included in establishing a quorum.

I. Members must vote in person at scheduled committee meetings.

J. All committee recommendations to the state historic preservation officer shall be viva voce. All motions shall carry by a majority of those present ignoring abstentions or blanks.

K. A member shall recuse himself from voting on any property in which he has a vested interest or an interest from which he or his family could derive economic benefits.

L. Members shall comply with all federal and state laws on ethics, conflicts or interest and dual office holding.

M. The committee may consider a citizen sponsored nomination which has not received staff review by two-thirds vote provided notification requirements have been observed.

N. In cases where the state historic preservation officer and the committee disagree on the National Register eligibility of a particular property, the state historic preservation officer may send nomination papers to the keeper of the National Register for a final ruling, as per 36 CFR Part 60.6 (published in Federal Register Volume 46, Number 220, November 16, 1981, pp. 56189-56192), and 36 CFR Part 60.6, Subsection M, and Part 60.11 and 60.12 (published in Federal Register Volume 48, Number 198, October 12, 1983, pp. 46306-46308).

O. There shall be a sunset limit of three committee hearings for each nomination. This provision may be waived by a two-thirds vote of the members.

P. In instances where the state has refused to nominate a particular property to the National Register, the applicant may appeal to the keeper of the National Register in accordance with 36 CFR Part 60.6, Subsection M and Part 60.11 and 60.12 (published in Federal Register Volume 48, Number 198, October 12, 1983, pp. 46306-46308).

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:902.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, Division of Historic Preservation, LR 11:683 (July 1985).

Chapter 7 Division of Black Culture

§701. Purpose

This program is designed to provide financial, referral and/or technical assistance to Louisiana residents for the promotion and development of Louisiana black culture in accordance with Act 769 of 1954.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:831-838 and R.S. 36:209.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 12:88 (February 1986).

§703. Funding Amount

Generally, the maximum amount of a grant award is $5,000; however, the commission reserves the right to fund proposals in excess of that amount.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:831-838 and R.S. 36:209.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 12:88 (February 1986).

§705. Eligibility

Organizations requesting funding to conduct a black culture program or project must be certified as tax-exempt under 501(c)(3) of the IRS Code; sponsored by a 501(c)(3) taxexempt organization; or be certified by the state of Louisiana as a Chapter II nonprofit organization and have the representation of a practicing attorney for the completion of expenses form. A copy of IRS determination letter of nonprofit status certificate from the Louisiana secretary of state must accompany your application.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:831-838 and R.S. 36:209.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 12:88 (February 1986).

§707. Matching Requirements

All grants must be matched dollar-for-dollar in cash and/or in-kind donations.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:831-838 and R.S. 36:209.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 12:88 (February 1986).

§709. Limitations

Only one program/project per organization per state fiscal year may be funded. All programs/projects must be implemented and completed no later than June 30, 1986. Grant funds may not be used for costs related to hospitality (i.e. food, beverages, banquets, receptions, etc.).

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:831-838 and R.S. 36:209.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 12:88 (February 1986).

§711. How to Apply

Request application in writing from the Division of Black Culture, Post Office Box 44247, Baton Rouge, LA 70804. Due Date: All applications due in the office of the division by 4:30 p.m. on October 3O, annually.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:831-838 and R.S. 36:209.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 12:88 (February 1986).

§713. Evaluation Criteria

A. The program/project should fulfill some specific, identified community need and should be justified in the description of the proposed project.

B. The program project should be designed to have its primary focus on the cultural development of blacks. Programs developed on various themes regarding Louisiana blacks are preferred.

C. The program/project must be accessible to the general public.

D. Applications will be reviewed in the following areas: program/project need, community involvement and plans/implementation of program/project.

E. Completeness of application and appropriateness of proposed budget.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:831-838 and R.S. 36:209.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 12:88 (February 1986).

§715. Grant Award Notification

The Louisiana Black Culture Commission will determine recipients at its first meeting following the deadline. Recipients will be notified no later than 90 days after deadline.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:831-838 and R.S. 36:209.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 12:88 (February 1986).

§717. Reporting Requirements

A. Grantee must submit a final report which includes a complete financial statement reflecting actual income and expenditures of the program/project.

B. Grantee must submit a written statement evaluating the project.

C. Grantee must submit a copy of printed program which includes credit as follows: This program/project funded (or funded in part) by the Louisiana Black Culture Commission/Division of Black Culture, Office of Cultural Development, Department of Culture, Recreation and Tourism.

D. Copies of promotional material, media announcements/articles, programs and black and white photographs of program/project must be included in the final report.

E. The final report must be prepared by the recipient and submitted to the Division of Black Culture, no later than 30 days following completion of the funded project.

F. Members of the Louisiana Black Culture Commission and the staff of the Division of Black Culture shall be permitted to attend programs funded through the Division of Black Culture, free of charge, for review purposes.

G. Grantee must submit black culture survey forms.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:831-838 and R.S. 36:209.

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Cultural Development, LR 12:88 (February 1986).

Chapter 9. Divisions of Archaeology and of Historic Preservation

§901. Generally

The following rules governing the State Capitol Historic District, pursuant to Act Number 650 of the 1979 Louisiana Legislature, are hereby adopted.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:781-85 and R.S. 36:208(E).

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Program Development, LR 6:107 (March 1980).

§903. Interpretation of Provisions of Act Number 650 of the 1979 Louisiana Legislature

A. Existing Structures within the State Capitol Historic District. All alterations, additions or renovations, both interior and exterior, shall be determined in the professional judgment of the Divisions of Archaeology and Historic Preservation to be in conformance with the recommendations published in The Secretary of the Interior's Standards for Historic Preservation Projects with Guidelines for Applying the Standards before a certificate of appropriateness can be issued.

B. New Structures or New Construction within the State Capitol Historic District. All plans for the exterior of new structures or for the exterior of new construction of any type must be determined, in the professional judgment of the Division of Historic Preservation, to be compatible with and sympathetic to the historic and cultural character of the district, before a certificate of appropriateness can be issued.

C. Landscaping within the District. All and any alteration to the existing grounds of the district must be found in the professional judgment of the Divisions of Archaeology and Historic Preservation, to be compatible with, and sympathetic to the historic and cultural character of the district, before a certificate of appropriateness can be issued.

D. Furnishings, Furniture and Art Objects of Historic Significance located within the District. All interior furnishings, furniture and art objects of historic significance must be found, in the professional judgment of the Division of Historic Preservation, to be used, repaired, restored, or altered in sympathy to each item's artistic, historic, or cultural integrity and value. Standard and current professional reference works will be used by the Division of Historic Preservation to make recommendations and decisions before a certificate of appropriateness can be issued.

E. Archaeology within the District. All or any excavation or moving of earth, rock or subsoil or rearrangement of the grounds within the district shall be done in a manner which, in the professional judgment of the Division of Archaeology, is compatible with and sympathetic to a policy of preservation of historical and archaeological cultural resources before a certificate of appropriateness can be issued.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:781-85 and R.S. 36:208(E).

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Program Development, LR 6:107 (March 1980).

§905. Procedure

A. All applications for a certificate of appropriateness shall be due in the Office of Cultural Development, P.O. Box 44247, Baton Rouge, LA 70804, (504)342-8200, on or before the 10th day of each month, or the preceding working day if the 10th falls on a weekend or holiday.

B. Notices of public hearings as required by R.S. 25:785(C) shall appear in the official journal of the state of Louisiana on the last Wednesday of every month.

C. The public hearings required by R.S. 25:785(C) shall be held on the first Wednesday of every month.

D. The decisions on the applications submitted to the Office of Cultural Development shall be rendered within 14 days of the date of the hearing at which the application has been reviewed, as required by R.S. 25:785(D).

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:781-85 and R.S. 36:208(E).

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Program Development, LR 6:107 (March 1980).

§907. Applications and Requirements

The following items shall be provided to the Divisions of Archaeology and Historic Preservation as part of the application:

1.a. Building exteriors and landscaping:

i. blue-line drawings;

ii. elevations;

iii. plans and specifications;

iv. complete, written description of the project;

v. location within the district.

b. This provision applies to existing historic structures and sites within the district and in addition to any new construction in the district.

2. building interiors of historic structures and furnishings, furniture and art objects of historic significance within the district:

a. blue-line drawings of alterations if available;

b. complete, written description of project to be undertaken with the area or the furnishings, furniture or art objects to be redesigned, renovated or altered clearly stated;

c. current photographs of affected features.

AUTHORITY NOTE: Promulgated in accordance with R.S. 25:781-85 and R.S. 36:208(E).

HISTORICAL NOTE: Promulgated by the Department of Culture, Recreation and Tourism, Office of Program Development, LR 6:107 (March 1980).