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The Law and American Indian Grave Protection

Idaho Laws

Summaries follow of burial/archaeological laws yielded through a keyword search for "archaeology" and "burial" on 2001 March 30 at the State Historic Preservation Legislation Database found at the NCSL (National Conference of State Legislatures) web site, that database then updated through 1999. These summaries are reprinted under the Fair Use doctrine of international copyright law which may be found at www4.law.cornell.edu/uscode/17/107.html

http://www.ibsgwatch.org is not responsible for any inaccuracies or timeliness of information.


Code Book: Idaho Code
Citation: 18-7027
Section Title: Desecration of grave, cemetery, headstone or place of burial prohibited

Summary:

Prohibits any person, not acting in full compliance with all the terms of the law, to desecrate or molest in any way any portion of any grave, cemetery, headstone, grave marker, mausoleum, crypt or other place of burial, whether of whole bodies or ashes, or other evidence of remains of a deceased human body. Any person convicted or found guilty of violating the provisions of this section is guilty of a misdemeanor.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement

Code Book: Idaho Code
Citation: 18-7028
Section Title: Unlawful removal of human remains--malice--intent

Summary:

Declares that any person who removes any part of any human remains from any place where it has been interred, or from any place where it is deposited while awaiting interment, with intent to sell it or to dissect it, without authority of law, or from malice or wantonness is guilty of a felony punishable by imprisonment in the state penitentiary for not more than five years, by a fine not greater than $10,000 or by both such fine and imprisonment.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement

Code Book: Idaho Code
Citation: 18-7035
Section Title: Damaging caves or caverns unlawful--penalty

Summary:

Declares it to be unlawful for any person, without prior permission of the federal, state or private landowner to disturb, excavate, remove, displace, mar or harm any archeological artifacts found within a cave or cavern including petroglyphs, projectile points, human remains, rock or wood carvings or otherwise, pottery, basketry or any handwoven articles of any nature, or any pieces, fragments or parts of such articles.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Cave Activity

Code Book: Idaho Code
Citation: 27-502
Section Title: Protection of graves: prohibited acts

Summary:

Prohibits a person from willfully removing, mutilating, defacing, injuring or destroying any cairn or grave, except as provided in 27-503. Requires persons disturbing graves through inadvertence, including by construction, mining or logging, to cause the human remains to be reinterred, at least partially at the expense of the state historical society. Directs that no person shall: possess any artifacts or human remains taken from a cairn or grave on or after January 1, 1984, in a manner other than that authorized in 27-503; publicly display or exhibit any human remains; or sell any human artifacts or human remains taken from a cairn or grave. Exempts from the provisions of this section: the possession or sale of artifacts discovered in or taken from locations other than cairns or graves or artifacts that were removed from cairns or graves by other than human action; or actions taken in the performance of official law enforcement duties.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement

Code Book: Idaho Code
Citation: 27-503
Section Title: Protection of graves: permitted acts

Summary:

Authorizes a professional archeologist to excavate a cairn or grave and remove material objects and human remains for subsequent reinterment following scientific study if such action is necessary to protect the burial site from foreseeable destruction and only upon prior notification to the director of the state historical society. Requires the prior written consent of and supervision by the appropriate Indian tribe in the vicinity of the intended action if the cairn or grave contains remains of an Indian. Directs that failure of a tribe to respond in writing within sixty days of receipt by certified mail of a request from a professional archeologist for permission to excavate a cairn or grave shall be deemed consent by the tribe. Requires that all material objects and human remains removed during such an excavation shall, following scientific study, be reinterred at the archeologist's expense under the supervision of the Indian tribe. Directs the professional archeologist, in order to determine the appropriate Indian tribe, to consult with the director of the state historical society, who shall designate the appropriate Indian tribe.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Permit / Site Investigation Authority

Code Book: Idaho Code
Citation: 27-504
Section Title: Protection of graves: civil action

Summary:

Allows any person to have a cause of action, apart from any criminal prosecution, to secure an injunction, damages or other appropriate relief against any person who is alleged to have violated the provisions of 27-502 regarding the willful disturbance of any cairn or human grave. Requires such action to be brought within two years of the discovery of the violation by the plaintiff. Allows the action to be filed in the district court of the county in which the subject grave or cairn, remains or artifacts are located, or within which the defendant resides. Allows the court, if the plaintiff prevails in such an action, to grant: injunctive or other appropriate relief, including forfeiture of any artifacts or remains acquired or equipment used in the violation, and reinterment of any human remains; actual damages, including damages for emotional distress; and punitive damages upon proof that the violation was willful.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement

Code Book: Idaho Code
Citation: 67-4118
Section Title: Penalty for damage, injury, molestation or destruction of an archeological or historical site or marker

Summary:

Declares that any person who shall in any way willfully, intentionally or recklessly damage, molest, disturb, destroy or harm any archeological or historic site, or who shall remove, destroy, obliterate or in any way damage any sign, marker or monument thereon or adjacent thereto, referring to any such historic site, shall be guilty of a misdemeanor and shall also be liable civilly to the state by way of penalty in a sum equal to triple the amount of the cost and expense of repairing, replacing and reconstructing said site or the property or markers, signs or monuments thereon, or existing in connection therewith, to their condition prior to such damage, injury, molestation or destruction. Requires that appropriate notice be posted at each designated archeological or historic site regarding the purport of this section and of the penalties and liability prescribed.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Violation / Penalty / Enforcement

Code Book: Idaho Code
Citation: 67-4119 through 67-4120
Section Title: Protection of archeological and vertebrate paleontological sites and resources: permits

Summary:

Declares that the purpose of this act is to protect archeological and vertebrate paleontological sites and resources on public lands in the state and to ensure their safety and availability for scientific research. Requires that a permit be obtained from the board of trustees of the Idaho State Historical Society before any excavation in or on any prehistoric site, ruins, pictographs, petroglyphs or any other ancient marking or writing, or in or on any archeological or vertebrate paleontological deposit or site on any public lands in Idaho. Directs that such permits shall be issued only to applicants who are qualified by experience or professional training to conduct such excavations in an approved scientific manner. Allows the board of trustees to appoint any professionally qualified advisors as may be needed to advise them upon the granting of said permits.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Idaho Code
Citation: 67-4121
Section Title: Protection of archeological and vertebrate paleontological sites and resources: regulations

Summary:

Authorizes and empowers the board of trustees of the Idaho State Historical Society to promulgate and enforce such regulations as it may deem needful to protect the prehistoric ruins and relics and archeological and vertebrate paleontological sites and deposits on any public land in Idaho. Prohibits any person from removing from the state any part of any such ruins, pictographs, petroglyphs, relics, deposits, objects, specimens or artifacts recovered from any such archeological or vertebrate paleontological site without first obtaining the consent of the board of trustees of the Idaho State Historical Society. Allows the board of trustees to require, as a condition of such consent, that such portion of such relics, ruins, pictographs, petroglyphs, objects, specimens, artifacts or deposits as said board of trustees shall require, shall become or remain the property of the state. Declares that nothing in this section shall be construed to interfere with the administrative management of relics, ruins, pictographs, petroglyphs, deposits, objects, specimens or artifacts which have been recovered from any such sites or deposits and which are the property of any agency or institution of the government of the state.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Permit / Site Investigation Authority

Code Book: Idaho Code
Citation: 67-4122
Section Title: Protection of archeological and vertebrate paleontological sites and resources: penalties

Summary:

Declares that any person violating this act (67-4119 through 67-4122) shall be guilty of a misdemeanor and, upon conviction thereof, shall, in addition to any other penalties imposed, forfeit to the state all articles and materials acquired from or discovered on such archeological or vertebrate paleontological sites.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Violation / Penalty / Enforcement



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Idaho government, preservation and state archaeological resource links.



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