Louisiana Administrative Code › Title 25 - CULTURAL RESOURCES › Part I - Office of Cultural Development › Chapter 1 - Division of Archeology › Subchapter A - Regulations › Section I-111 - Contract Requirements

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