reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2129 - Agreed-Upon Dispositions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Duty of
				Counsel to Seek an Agreed-Upon Disposition
1.
				Counsel at every stage of the case have an obligation to take all steps that
				may be appropriate in the exercise of professional judgment in accordance with
				these standards to achieve an agreed-upon disposition.
2. After interviewing the client and
				developing a thorough knowledge of the law and facts of the case, counsel at
				every stage of the case should explore with the client the possibility and
				desirability of reaching an agreed-upon disposition of the charges rather than
				proceeding to a trial or continuing with proceedings seeking judicial or
				executive review. In doing so counsel should fully explain the rights that
				would be waived by a decision to enter a plea or waive further review, the
				possible collateral consequences, and the legal, factual and contextual
				considerations that bear upon that decision. Counsel should advise the client
				with complete candor concerning all aspects of the case, including a candid
				opinion as to the probable outcome. Counsel should make it clear to the client,
				with special attention to the age and abilities of the client, that the
				ultimate decision to enter a plea of guilty or waive further review has to be
				made by the client.
3. Counsel
				should keep the client fully informed of any discussions or negotiations for an
				agreed upon disposition and promptly convey to the client, in an age and
				developmentally appropriate manner, any offers made by the prosecution for an
				agreed upon disposition. Counsel shall not accept or reject any agreed-upon
				disposition without the client's express authorization.
4. Initial refusals by the prosecutor to
				negotiate should not prevent counsel from making further efforts to negotiate.
				Despite a clients initial opposition, counsel should engage in an ongoing
				effort to persuade the client to pursue an agreed upon disposition that is in
				the clients best interest. Consideration of an agreed upon disposition should
				focus on the clients interests, the clients needs and the clients
				perspective.
5. The existence of
				ongoing negotiations with the prosecution does not in any way diminish the
				obligations of defense counsel respecting investigation and litigation. Ongoing
				negotiations should not prevent counsel from taking steps necessary to preserve
				a defense nor should the existence of ongoing negotiations prevent or delay
				counsel's investigation into the facts of the case and preparation of the case
				for further proceedings, including trial.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2131 - Pre-Trial Litigation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Obligations Regarding court Hearings
1.
				Counsel should prepare for and attend all court proceedings involving the
				client and/or the clients case. Counsel should be present, alert and focused on
				the clients best interests during all stages of the court
				proceedings.
2. As soon as possible
				after entry of counsel into the case, counsel should provide general advice to
				the client on how court proceedings will be conducted, how the client should
				conduct himself in court settings, how the client should communicate with
				counsel and others in the court setting and how the client should react to
				events in court. Counsel should advise the client on appropriate demeanor and
				presentation in court and take reasonable steps to assist the client in
				maintaining an appropriate demeanor and presentation. Counsel should plan, with
				the client, the most convenient system for conferring throughout any court
				proceeding.
3. Prior to any court
				hearing, counsel should explain to the client, in an age and developmentally
				appropriate manner, what is expected to happen before, during and after each
				hearing. Where the client may be directly addressed by the court or asked to
				speak on the record, counsel should warn the client in advance and both advise
				the client on how to proceed and prepare the client for any potential colloquy
				or testimony. Counsel should advise the client that he has the right to confer
				with counsel before answering any question, even if it means interrupting the
				proceedings.
4. Counsel should take
				all necessary steps to overcome any barriers to communication or understanding
				by the client during court proceedings, including the use of interpreters,
				slowing the rate of proceedings, taking adequate breaks, using age and
				developmentally appropriate language and explaining proceedings to the client
				during the hearing.
5. Counsel
				should document in the clients file a summary of all pertinent information
				arising from each court hearing and take particular care to memorialize
				communications and events that will not appear in the court record or
				transcript.
6. Counsel should
				ensure that the court minutes and any transcript accurately reflect the orders,
				statements and events occurring in court and that all exhibits have been
				marked, identified and placed into the record.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2139 - Direct Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Duties of
				Appellate Counsel
1. Appellate counsel should
				comply with these performance standards, except where clearly inapplicable to
				the representation of the client during the period of direct appeal, including
				the obligations to:
a. maintain close contact
				with the client regarding litigation developments;
b. continually monitor the clients mental,
				physical and emotional condition for effects on the clients legal
				position;
c. keep under continuing
				review the desirability of modifying prior counsels theory of the case in light
				of subsequent developments;
d. take
				all steps that may be appropriate in the exercise of professional judgment in
				accordance with these standards to achieve an agreed-upon disposition;
				and
e. continue an aggressive
				investigation of all aspects of the case.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2141 - State Post-Conviction and Clemency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Duties of Post-Conviction Counsel
1. Post-conviction counsel should comply with
				these performance standards, except where clearly inapplicable to the
				representation of the client in the post-conviction period of the case,
				including the obligations to:
a. maintain
				close contact with the client regarding litigation developments;
b. continually monitor the clients mental,
				physical and emotional condition for effects on the clients legal
				position;
c. keep under continuing
				review the desirability of modifying prior counsels theory of the case in light
				of subsequent developments;
d. take
				all steps that may be appropriate in the exercise of professional judgment in
				accordance with these standards to achieve an agreed-upon disposition;
				and
e. continue an aggressive
				investigation of all aspects of the case.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2143 - Supervision, Review and Consultation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Supervision of the Defense Team
1. Primary responsibility for the supervision
				of the defense team and the teams compliance with these standards rests with
				lead counsel. Lead counsel shall establish a system for communication, feedback
				and supervision of the defense team that shall ensure that the team provides
				high quality representation and that any deficiencies in compliance with the
				guidelines or standards are promptly identified and remedied. Lead counsel
				should ensure that all team members are aware of their obligations under the
				guidelines and performance standards.
2. Primary responsibility for the supervision
				of experts rests with lead counsel, though this responsibility may be delegated
				to other counsel who are more directly responsible for working with a
				particular expert. Counsel supervising an expert shall ensure that appropriate
				funding is secured and maintained for the experts services, that the expert
				performs the requested services in a timely fashion and to a high quality and
				that the experts services are promptly invoiced and paid.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-103 - State-Owned Lands-Contract Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-105 - Purposes of Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-107 - Manner of Investigation-Minimum Standard

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-109 - Contractors

Current through Register Vol. 50, No. 6, June 20, 2024
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
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-113 - Types of Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-115 - Applications for Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-117 - Intergovernmental Contract Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-119 - Due Process Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-121 - Regulations Severable

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-122 - Fees

Current through Register Vol. 50, No. 6, June 20, 2024
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 $0.10 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 $400 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 $400 per square foot of shelf space occupied.
D.
1. The
				  division shall charge an annual, non-refundable fee for online access to the
				  divisions geographic information system (GIS). The fee will be $1,300 per state
				  fiscal year for each public or private entity with one or more professional
				  archaeologists on staff or an individual professional archaeologist who will
				  use the online access.
2.
				  Professional archaeologists at academic institutions and graduate students
				  studying to become a professional archaeologist will not be charged the access
				  fee.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter B - Louisiana Archaeological Survey and Antiquities Commission › Section I-123 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter B - Louisiana Archaeological Survey and Antiquities Commission › Section I-124 - Bylaws

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter C - Registry › Section I-141 - Creation and Maintenance of Registry

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter C - Registry › Section I-143 - Purpose of Landmarks

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter C - Registry › Section I-145 - Landmarks-State-Owned Lands

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter C - Registry › Section I-147 - Landmarks-Excluded Public Lands

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				  prehistoric or historic site defined by
				  R.S.
				  41:1607(1) and located on
				  excluded public lands may be designated a state archaeological landmark
				  provided that prior to entering such designation in the registry the commission
				  first secures permission to do so by the following actions.
1. Give notice in writing to the appropriate
				  agency, political subdivision, or other entity, defined in LAC
				  25:I.101.
State-Owned Lands or Lands Belonging to the State of
				  Louisiana
. The notice shall state that the commission intends to
				  include a designated geographic area of land in the registry as a state
				  archaeological landmark. The notice shall include a reasonable description of
				  the limits of the proposed landmark, set out the reasons for the intended
				  designation, describe all responsibilities pertaining to the preservation and
				  upkeep of the landmark, and specify that the notified party may within a period
				  of 30 days apply to the commission for the holding of a hearing prior to action
				  on the proposed landmark designation.
2. Hold a hearing on the proposed landmark
				  designation should one be requested within a period of 30 days after mailing of
				  the notice. Upon receipt of a request for a hearing, the chairman of the
				  commission shall set a time not less than 30 nor more than 90 days from the
				  date of receipt of such request. The interested party shall be advised promptly
				  of the decided date, time, and place of such hearing and of the right to be
				  represented by counsel and to present witnesses and any other evidence and
				  testimony relevant to the determination of suitability for the site as a state
				  archaeological landmark.
3. Obtain
				  a written agreement from the agency, political subdivision or other entity
				  holding title to the land upon which the landmark is located. The agreement
				  shall state that the proposed landmark will be protected as a cultural resource
				  and that, subject to the outcome of intergovernmental contract review, the
				  commission shall have the sole jurisdiction to award contracts for survey and
				  salvage at the site. Such agreement of consent will stipulate that all
				  subsequent investigation or alteration of the landmark will be done in strict
				  compliance with the requirements of the regulations adopted by the commission.
				  The agreement of consent will specify which agency or political subdivision
				  shall retain title to all artifacts and other physical remains recovered from
				  the landmark under the provisions of a contract for survey and
				  salvage.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter C - Registry › Section I-149 - Landmarks-Private Lands

Current through Register Vol. 50, No. 6, June 20, 2024
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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter C - Registry › Section I-151 - National Register

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter C - Registry › Section I-153 - Landmark Declassification

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter D - Files and Custodianship › Section I-155 - Central State Archaeological Survey Files

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter D - Files and Custodianship › Section I-157 - Contents of Files

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter D - Files and Custodianship › Section I-159 - Supplementary Files

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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, LA 70803
2. Department of Social Sciences
Northwestern State University of Louisiana.
Natchitoches, LA 71497
3. Department of Geosciences
Northeast Louisiana University
Monroe, LA 71209
4. Department of Anthropology
University of New Orleans
New Orleans, LA 70148
5. Department of Sociology and Anthropology
University of Southwestern Louisiana
Lafayette, LA 70504
6. Archives and Records Division
Louisiana Secretary of State's Office
Baton Rouge, LA 70804
7. Environmental Unit
Louisiana Department of Transportation and
Development
Baton Rouge, LA 70804
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter D - Files and Custodianship › Section I-161 - Deputy Custodians

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter D - Files and Custodianship › Section I-163 - Private Custodianship Contracts

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter D - Files and Custodianship › Section I-165 - Access to Files

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter D - Files and Custodianship › Section I-167 - Custodianship of State-Owned Antiquities

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter D - Files and Custodianship › Section I-169 - Burial Furniture and Physical Remains

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter D - Files and Custodianship › Section I-171 - Use of Antiquities

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter E - Program › Section I-173 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter F - Underwater Investigations › Section I-177 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter F - Underwater Investigations › Section I-179 - Contract Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter F - Underwater Investigations › Section I-181 - Title to Remains and Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter G - Indian Burial Sites › Section I-183 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter G - Indian Burial Sites › Section I-185 - Indian Burial Sites-Contract Required

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.
Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter G - Indian Burial Sites › Section I-187 - Use of Indian Burial Sites

Current through Register Vol. 50, No. 6, June 20, 2024
A. 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.