Louisiana Revised Statutes 56:1861
Part III. Louisiana Natural Areas Registry
§1861. Short title
This Part shall be known as and may be cited as the
"Louisiana Natural Areas Registry."
Acts 1987, No. 324,§ 1, eff. July 6, 1987.
§1862. Legislative findings and purpose
A. The legislature finds and declares that there is a need for
additional organized, accessible information to identify and make
known the types and locations of plant and animal life, geological
areas, and other natural areas in this state, and that a system of
protection and management of these areas should be implemented and
maintained through a procedure of voluntary action by the owners of
the property on which these areas may be located.
B. The legislature states that the purpose of this Part is to
establish a registration procedure by which owners of natural areas
may voluntarily agree to manage and protect the areas according to
rules set forth by the Department of Wildlife and Fisheries and to
establish a procedure by which the owners of natural areas may
voluntarily agree to convey any or all of their right, title, and
interest in such property to the state to be managed and protected
by the Department of Wildlife and Fisheries for the people of
Louisiana.
Acts 1987, No. 324,§ 1, eff. July 6, 1987.
§1863. Definitions
For the purposes of this Part, the following words shall have the
meaning ascribed herein unless the context shall otherwise require:
(1) "Dedicate" shall mean the transfer
to the department of any real right or interest in any natural area
to be held for the people of Louisiana in a manner consistent with
the provisions, intent, and purposes of this Part.
(2) "Department" shall mean the
Department of Wildlife and Fisheries.
(3) "Natural area" shall mean an area
of land, water, or air, or combination thereof, which contains an
element of the state's natural diversity, including, but not limited
to, individual plant or animal life, natural geological areas,
unique natural communities, habitats of endangered or threatened
species, ecosystems, or any other area of unique ecological,
scientific or educational interest.
(4) "Natural area preserve" shall mean
a natural area which is voluntarily dedicated.
(5) "Register" shall mean the written
or oral agreement between the owner of a natural area and the
department for designation of the natural area and for its placement
on the register of natural areas by voluntary agreement between the
owner of the natural area and the department. The registration of a
natural area does not constitute a dedication of the property.
(6) "Register of natural areas" shall
mean a listing of natural areas which are being managed by the owner
of the natural area according to the rules and regulations of the
department.
Acts 1987, No. 324,§ 1, eff. July 6, 1987.
§1864. Powers and duties of department
The department shall have the following powers and duties:
(1) To utilize inventory data compiled by the
Louisiana Natural Heritage Program of the Department of Wildlife and
Fisheries concerning the natural areas of the state.
(2) To accept on behalf of the people of
Louisiana any right, title, or interest to any natural area.
(3) To establish and maintain a register of
natural areas.
(4) To enter into agreements to register natural
areas.
(5) To enter into agreements to provide for the
department to have a first option to purchase any natural area.
(6) To select natural areas for placement on the
register of natural areas or for dedication as a natural area
preserve, or both.
(7) To provide for the management and
preservation of natural area preserves in accordance with the
provisions set forth in the dedication which establish the natural
area as a natural area preserve.
(8) To cooperate with any agency of the United
States, the state of Louisiana and any other state, any political
subdivision of this state and with private persons or organizations
to implement the provisions of this Part.
(9) To discharge any other duty or action
necessary to implement the provisions of this Part.
Acts 1987, No. 324,§ 1, eff. July 6, 1987.
§1865. Register of natural areas
The department shall publish and revise at least annually a
register of natural areas.
Acts 1987, No. 324,§ 1, eff. July 6, 1987.
§1866. Registration of natural areas
A.(1) The owner of any natural area may, if the department so
agrees, register the natural area by entering into a voluntary oral
or written agreement with the department for the owner to manage and
protect the natural area according to the rules and regulations
promulgated by the department. If the owner agrees to register the
area, he shall be given a certificate of registration and shall be
committed to manage the area according to the terms of the agreement
with the department.
(2) The agreement may be terminated by either
party after thirty days written notice. The owner, upon termination,
shall surrender the certificate. Any first option to purchase the
department may have entered into shall remain with the department
unless the department shall relinquish the option in writing.
B. Any property acquired by the department or any other agency of
the state or political subdivision thereof pursuant to any other
authority in law may be registered according to the provisions of
this Part.
Acts 1987, No. 324,§ 1, eff. July 6, 1987.
§1867. Dedication of natural areas
A. The owner of any natural area may dedicate that area as a
natural area preserve by executing with the department an act
transferring such portion of the owner's interest in the property as
agreed upon by the owner and the department to the department for
the people of Louisiana.
B. The department may acquire any natural area by donation,
purchase, exchange, devise, or bequest.
C. The department may dedicate any property owned by the
department as a natural area preserve by filing and recording an act
subjecting the property to the provisions of this Part in the office
of the clerk of court in the parish which any or all of the area is
located.
D. The property dedicated pursuant to this Part shall be subject
to the rules and regulations of the department which:
(1) Require the protection, preservation,
management, custody, and use of the natural area preserve in a
manner consistent with the intent and purposes of this Part.
(2) Define the rights and privileges of the owner
and the department.
(3) Provide for such other provisions as the
owner or department shall deem necessary to discharge the provisions
of this Part or to complete the transfer.
E. The department shall agree to no such acts which do not
provide for the protection, preservation, and management of the
natural area in a manner consistent with the intent and purposes of
this Part.
F. The department shall be the agency of the state of Louisiana
primarily responsible for acquisition of natural area preserves, but
no provision of this Part shall be construed to limit the
department's authority to acquire other property. Any property
acquired by the department or any other agency of the state or
political subdivision thereof pursuant to any other authority in law
may be dedicated according to the provision of this Part.
G. No provision of this Part shall be construed to limit the
authority of any other agency to acquire and dedicate natural areas
according to the provisions of this Part.
H. No property dedicated pursuant to this Part may be transferred
or assigned by the department or any successor in title unless it is
subject to the provisions of this Part and any act which requires
the management and preservation of the property in accordance with
the intent and purpose of this Part.
Acts 1987, No. 324,§ 1, eff. July 6, 1987.
§1868. Management, protection and inspection of
natural area preserves
A. A natural area preserve is held in trust by the state of
Louisiana for present and future generations and shall be managed
and protected according to the rules and regulations set forth by
the department. A natural area preserve is hereby declared to be at
the highest, best, and most important use for the public.
B. The department shall inspect or provide for the inspection at
least annually of each natural area preserve to ensure that the
provisions of this Part and the terms of the transfer or dedication
are being followed.
Acts 1987, No. 324,§ 1, eff. July 6, 1987.
§1869. Rules and regulations
The department shall adopt rules and regulations to implement the
provisions of this Part in accordance with the Administrative
Procedure Act, R.S. 49:950 et seq.
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