Louisiana Annotations

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  1. Protection of Burials

    1. Acts Prohibited by Law and Subject to Criminal Sanctions

      1. What is the criminal liability for unlawfully excavating human remains or archaeological resources?

        Unlawful acts, Cemeteries §678

        It is illegal for a person to knowingly excavate, remove, expose, deface, mutilate, destroy, molest, or desecrate any human remains or burial artifacts from an unmarked burial site without a permit from the secretary of the Department of Culture, Recreation and Tourism.

        Prohibited Excavations, Public Lands §1610

        It is prohibited for any person to excavate, damage, take, dig into, or destroy any historical site without permission of the owner. This covers all land that belongs to Louisiana including the tidelands, submerged lands, and the bed of sea within jurisdiction of the state.

      2. What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?

        Opening graves; stealing body; receiving same, Cemeteries §653

        Anyone who sells or plans to sell a dead body removed from a cemetery will be punished with jail time not more than five years, or a fine not more than one thousand dollars, or both. Anyone who purchases or receives a dead body that has been illegally obtained will be punished with jail time not more than three years or a fine not more than one thousand dollars, or both.

      3. What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?

        Unlawful acts, Cemeteries §678

        It is illegal for a person to knowingly excavate, remove, expose, deface, mutilate, destroy, molest, or desecreate any human remains or burial artifacts from an unmarked burial site without a permit from the secretary of the Department of Culture, Recreation and Tourism. The first violation of this law will result in a fine of no more than $5,000 or imprisonment for no more than one year, or both. Any subsequent violation will be punishable by jail time of no more than two years, or a fine of not more than $10,000, or both.

      4. What is the criminal liability for unlawfully disturbing human remains and funerary objects?

        Unlawful acts, Cemeteries §678

        It is illegal for a person to knowingly excavate, remove, expose, deface, mutilate, destroy, molest, or desecreate any human remains or burial artifacts from an unmarked burial site without a permit from the secretary of the Department of Culture, Recreation and Tourism. The first violation of this law will result in a fine of no more than $5,000 or imprisonment for no more than one year, or both. Any subsequent violation will be punishable by jail time of no more than two years, or a fine of not more than $10,000, or both.

        Desecration of graves, Criminal Law §101

        Any person who opens the burial place with intent to remove or mutilate the body or any funerary object with the body is guilty of desecration of graves. Any violation of this crime is punishable by a fine of not more than $500, six months of jail time, or both.

      5. What is the criminal liability for defacing or destroying historical or archaeological sites?

        Prohibited excavations, Public Lands §1610

        It is illegal for a person to destroy, damage, or otherwise deface any archaeological resource located on state lands unless the person has a permit from the government.

        Penalties, Public Lands §1614

        Any person who defaces or destroys a historical or archaeological site will be charged with a misdemeanor and can be punished with a fine of not more than $5,000, or jail time of no more than 30 days, or both.

      6. What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?

        We are unable to locate information relevant to this question at this time.

      7. What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?

        Desecration of graves, Criminal Law §101

        Any person who opens the burial place with intent to remove or mutilate the body or any funerary object with the body is guilty of desecration of graves. Any violation of this crime is punishable by a fine of not more than $500, six months of jail time, or both.

      8. What is the criminal liability for unlawfully taking or possessing monuments or gravestones?

        We are unable to locate information on this question at this time.

      9. What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?

        We are unable to locate information on this question at this time.

      10. What is the criminal liability for removing or damaging headstones?

        We are unable to locate information on this question at this time.

      11. What are general state criminal laws for abuse of a corpse.

        Mutilating, disinterring human remains; penalty, Cemeteries §654

        It is illegal for any person to mutilate any human remains without the authority to do so.

        Any conviction of this crime will result in a punishment of jail time of not more than three years, or a fine of not more than $1000, or both.

      12. What are the general state criminal laws for theft?

        Theft, Criminal law §67

        Any person who takes anything of value that belongs to another, either without consent or through fraudulent means. The person would have to intent to permanently deprive the other person of the property. If the property stolen is valued at more than $500, then the punishment will be jail time of no more than ten years, or fined a maximum of $3,000, or both. If the value of the property stolen is valued at more than $300 but less than $500, then the punishment will be jail time of no more than two years, or fined a maximum of $2,000, or both. If the value of the property is less than $300, the punishment will be jail time of no more than six months, or fined a maximum of $1,000, or both. If a person has been convicted of theft of property valued less than $300 two or more times previously, than the punishment will be no more than two years, or a maximum fine of $2,000, or both.

        Theft of copper from a religious building or cemetery or graveyard, Criminal law §67.27

        It is illegal for a person to remove copper or any cooper alloy from a religious building or cemetery, with the intent to permanently deprive, without the consent of the owner. If the property taken is valued at more than $1000, a person convicted will be punished with jail time between five and ten years, a maximum fine of $5000, or both. If the value of the property is valued between $500 and $1000, a person convicted will be punished with jail time between two and five years, a maximum fine of $2000, or both. If the value of the property is less than $500, a person convicted will be punished with jail time between one and two years, a maximum fine of $500, or both. If a person is convicted of this crime is convicted again, the defendant will be punished with maximum jail time of ten years, a maximum fine of $5000, or both.

      13. What are the general state criminal laws for receiving stolen property?

        Illegal possession of stolen things, Criminal Law §69

        Any person who intentionally possesses, procures, receives, or concealing anything of value which was stolen, when the person knew, or had reason to know, that the good was stolen. If the property stolen is valued at more than $500, then the punishment will be jail time of no more than ten years, or fined a maximum of $3,000, or both. If the value of the property stolen is valued at more than $300 but less than $500, then the punishment will be jail time of no more than two years, or fined a maximum of $2,000, or both. If the value of the property is less than $300, the punishment will be jail time of no more than six months, or fined a maximum of $1,000, or both. If a person has been convicted of theft of property valued less than $300 two or more times previously, than the punishment will be no more than two years, or a maximum fine of $2,000, or both.

      14. What are the general state criminal laws for unlawful trespass?

        Criminal trespass, Criminal Law §63

        It is illegal for a person to enter any movable or immovable property owned by someone else without express, legal, or implied authorization. Emergency personnel such as law enforcement, firefighters, medical assistance, and public utility employee, are allowed to enter another's property while performing duties during an emergency. The first violation of this statute is punishable by a fine between $100 and $500, or maximum jail time of thirty days, or both. The second violation of this statute is punishable by a fine between $300 and $750, or maximum jail time of ninety days, or both. The third, and subsequent, violations of this statute is punishable by a fine between $500 and $1000, or jail time between sixty days and six months, or both.

      15. What are the general state criminal laws for mischief?

        Criminal mischief, Criminal Law §59

        Any person who tampers with the property of another, without the owner's consent, intending to interfere with the enjoyment of the property; false fire alarm; driving a metal object longer than one-half inch into a tree without removing it later; felling of trees or shrubs within the right-of-way of the highway without consent; false report to an officer of the law; taking temporary possession of a business; communicates to the utility company a message that causes a discontinuance of water; or fires a gun at a train is guilty of criminal mischief. Any violation of this law will be punishable by no more than $500, or a maximum jail time of six months, or both.

      16. What are the general state criminal laws for damage to property?

        Aggravate criminal damage to property, Criminal Law §55

        Any person who intentionally damages any structure, watercraft, or movable property, when it is foreseeable that human life might be endangered. Any violation of this statute may be punishable by a fine of no more than $10,000, or a maximum jail time of fifteen years, or both.

        Simple criminal damage to property, Criminal Law §56

        Any person who intentionally damages property, by means other than fire or explosion, without the consent of the owner, when there is no foreseen risk to human life. If the damage to property is less than $500, the punishment will be a fine of no more than $1,000, or a maximum jail time of six months, or both. If the damage to property is more than $500 but less than $50,000, the punishment will be a fine of no more than $1,000, or maximum jail time of two years, or both. If the damage to property amounts to $50,000 or more, the punishment will be a fine of no more than $10,000, or a maximum jail time of ten years, or both. Additionally, any person convicted under this statute may be required to fix the damage caused.

        Criminal damage to property by defacing with graffiti, Criminal Law §56.4

        It is a crime to intentionally deface property with graffiti, without consent of the owner. If the damage to property is less than $500, the punishment will be a fine of no more than $500, or a maximum jail time of six months, or both. If the damage is between $500 and $50,000, the punishment will be a fine of no more than $1,000, or a maximum jail time of no more than two years, or both. If the damage is more than $50,000, then the punishment will be a fine of no more than $10,000, or a maximum jail time of ten years, or both. Additionally, the court may order the offender to clean up or replace any property damage, or pay the owner of the damaged property. The court may also order community service.

      17. What are the general state criminal laws for hate crimes?

        Hate crimes, Criminal Law §107.2

        A hate crime is any criminal act committed against a person and property because of actual or perceived race, age, gender, religion, color, creed, disability, sexual orientation, national origin, or ancestry of that person or the owner of the property. If the offense is a misdemeanor, the offender will be fined no more than $500, or a maximum jail time of six months, or both. If the offense is a felony, the offender will be fined no more than $500, or a maximum jail time of five years, or both.

    2. Acts Prohibited by Law and Subject to Civil or Administrative Sanctions

      1. How is the excavation of historical and archaeological resources restricted in this state?

        Archaeological finds on state land; state property, Public Lands §1605

        All sunken or abandoned pre-twentieth century ships and the contents, and all archaeological treasure located in or on state property, are the sole property of the state of Louisiana.

        Permits for recovery, Public Lands §1606

        The secretary of the Department of Culture, Recreation and Tourism, may issue a permit to anyone to recover historical and archaeological resources located on state-owned lands, or on private land if the owner provides written consent. The permit will provide the location, time period, and nature of the excavation.

      2. How is the collection or removal of historical and archeological resources restricted in this state?

        See "how is the excavation of historical and archaeological resources restricted in this state?"

      3. What specific laws restrict the alienation or use of historical burial places?

        Rule against perpetuities, etc., inapplicable, Cemeteries §305

        Property dedicated for a cemetery cannot be alienated as to title or use.

    3. Time Limits for Bringing Criminal Action

      1. What time limits govern the initiation of a criminal action related to the protection or burials?

        Limitation of prosecution of noncapital offenses, Code of Criminal Procedure Art. 572

        For any crime not punishable by the death penalty or life in jail is governed by the follow time limits: six years for a felony punishable by hard labor; four years for a felony not punishable by hard labor; two years for a misdemeanor punishable by a fine, imprisonment, or both; six months for a misdemeanor punishable only by a fine.

        Running of time limitations; exception, Code of Criminal Procedure Art. 573

        The time limitations established in article 572 will not start for the following offenses until the relationship or status involved no longer exists: misappropriation of money using his or her employment status; extortion committed by a public officer acting in an official capacity; public bribery; and the aggravated battery when the victim is under seventeen years old.

        Conviction and punishment for lesser offenses; limitations applicable, Code of Criminal Procedure Art. 574

        The time limits that apply to the offense a person is prosecuted apply to a conviction or punishment for lesser and included offenses.

        Interruption of time limitations, Code of Criminal Procedure Art. 575

        The time limitations will be interrupted if the defendant flees from the state to avoid detection, or is someplace other than his house within the state. The limitations will also be limited if the defendant lacks the mental capacity to stand trial.

    4. Time Limits for Bringing Civil Action

      1. What time limits govern the initiation of a civil action related to the protection of burials by the state, local authority, or a private party?

        We are unable to locate information relevant to this question at this time.

  2. Sanctions

    1. Criminal

      1. What are the general criminal fines and penalties for misdemeanors and felonies in the state?

        For fines and penalties associated with crimes related to burials and historic preservation, see individual crimes explained above.

      2. What are the class designations for misdemeanors and felonies in the state?

        We are unable to locate information relevant to this question at this time.

    2. Civil or Administrative

      1. What are the civil sanctions related to burial protection in the state?

        Civil remedies, Cemeteries §679

        Violations of R.S. 8678 are punishable by civil damages. The damages could include any or all of the following: forfeit of equipment used; cost for cleaning, restoring, analyzing, accessioning, and curating the recovered remains; costs associated with protecting the unmarked burial site from further damage; costs associated with recovery of data; costs for reinterring the human remains; and costs associated with determining and collecting civil actions.

      2. What are the administrative sanctions related to burial protection in the state?

        We are unable to locate information relevant to this question at this time.

  3. Preservation of Burials and Compliance Therewith

    1. Laws Related to Preservation of Burials

      1. How are future interests in property involving burials subject to the rule against perpetuities?

        Rule against perpetuities, etc., inapplicable, Cemeteries §305

        Property dedicated for a cemetery cannot be alienated as to title or use.

      2. How can the state exercise eminent domain over a cemetery or historic property?

        Expropriation of abandoned private cemeteries, Cemeteries §112

        If a governing authority determines that a private cemetery is abandoned, or there is no person or legal entity left with the legal authority to operate, control, or manage an existing cemetery, it may seize the cemetery, operate, and maintain the cemetery as a public cemetery.

        Expropriation, Cemeteries §108

        A governing authority may exercise eminent domain over any private property for the purpose of providing public burial grounds of cemeteries.

        Property not subject to expropriation, Expropriation §104

        The government is not allowed to expropriate graveyards or cemeteries unless a court decides that the proposed improvement cannot be diverted without great public loss or inconvenience.

      3. How are conservation and preservation easements created in this state?

        Creation, conveyance, acceptance and duration, Civil code-ancillaries §1273

        A conservation servitude may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered, in the same way as a servitude created by contract. The conservation servitude is unlimited in duration, unless otherwise provided for.

      4. How does the state create authorized rights-of-way through cemetery property?

        Opening of roads, railroads through cemetery; consent required, exception, Cemeteries §316

        The state is only allowed to create a right of way for a railroad, service road, alley, pipe line, pole line, or other public utility if it has consent of the cemetery authority owning and operating the cemetery. If there is no cemetery authority, then it requires the consent of at least two-thirds of the owners of internment spaces.

      5. How are the transfer of cemetery lots and disposition of cemetery land regulated?

        Lots, plots, or burial spaces; permits for interment; sale, Cemeteries §109

        Municipal governing authority is allowed to establish plots inside of public cemeteries and issue permits for the interment of deceased persons. The authority may also sell any lot, plot, or interment space to the public.

        Transfer of ownership rights, Cemeteries §802

        A transfer of ownership rights to a cemetery space is not binding until a cemetery authority has approved the transfer in writing. Any transfer of ownership rights will be governed by all the rules and regulations passed by the local cemetery authority.

        Descent of title to cemetery space, Cemeteries §803

        Cemetery spaces are subject to the same laws in Louisiana pertaining to community property and inheritance.

        Commission on sales prohibited, Cemeteries §311

        Cemetery authorities are not allowed to offer to pay or pay any person or corporation, a commission or any other thing of value for the sale of an internment space.

      6. How will the state regulate or sell unsuitable or condemned cemetery property?

        Cemeteries; maintenance of vaults and wall vaults more than fifty years old; reclamation by authority, Cemeteries §903.1

        Cemetery authorities of municipal, religious, and nonprofit cemeteries, are allowed to repair any vaults, using state grants or private funds, that are over fifty years old, or are falling apart and there is no evidence of ownership of the vault.

        Maintenance of cemetery spaces more than fifty years old; sale of repaired abandoned cemetery spaces, Cemeteries §903

        Cemetery authorities are allowed to repair any cemetery spaces that are more than fifty years old and which have fallen apart, if the heirs of the record holder have failed to do so within one year of receiving notice from the cemetery authority. The authority will make repairs using their own funds or state grants, and may require the payment of all repair and renovation costs before the space can be used. If the cemetery authority cannot locate the owners of the space after three years of repair, then the authority may take ownership of the space and sell the space subject to the rules of R.S. 8:308(A).

      7. What is the procedure for abandoning burial grounds or cemetery lots?

        Removal of dedication; procedure, Cemeteries §306

        A cemetery is only allowed to be used as a cemetery, until the dedication is removed from all part of the property and district court has allowed it. A district court will allow the closure when the property was either never used to intern bodies, or all bodies have been removed, and the property is not being used for interment of human remains.

      8. What is the procedure for removing or replacing headstones?

        We are unable to locate information relevant to this question at this time.

      9. How will the state preserve historical or archaeological resources including human remains, burial places, and funerary objects threatened by public construction or public works?

        We are unable to locate information relevant to this question at this time.

      10. What are the procedures for excavating or removing remains or archaeological resources on public lands?

        Archaeological finds on state land; state property, Public Land §1605

        All sunken or abandoned pre-twentieth century ships and the contents, and all archaeological treasure located in or on state property, are the sole property of the state of Louisiana.

        Permits for recovery, Public Lands §1606

        The secretary of the Department of Culture, Recreation and Tourism, may issue a permit to anyone to recover historical and archaeological resources located on state-owned lands, or on private land if the owner provides written consent. The permit will provide the location, time period, and nature of the excavation.

      11. What are the procedures for excavating or removing remains or archaeological resources on private lands?

        Public cooperation; private lands, Public Lands §1611

        Prior to removing or excavating any archaeological resource including burial sites, every individual is encouraged to notify the state at least 90 days in advance and to allow professional supervision of the site.

      12. What are the procedures for discoveries of human remains and artifacts of cultural significance?

        Disposition of unmarked burial sites, human skeletal remains, and burial artifacts, Cemeteries §681

        Whenever an unmarked burial site is found and reported to the secretary, then first the state will attempt to restore the burial site and avoid disturbing the burial site. If the secretary determines the site has a significant scientific value, then the secretary may issue a permit for scientific study. The secretary will make every reasonable effort to find any direct kinship with the individual found. If the body is removed then the closest living relative will be able to control the disposition of the human remains. If there is a connection with any living tribe of Native Americans, then the tribe will have the right to determine the disposition of the body. If there is no connection to any living person or tribe, then the secretary will make a determination about the disposition.

      13. What are the procedures for the disposition of human remains and funerary artifacts?

        See the answer for "What are the procedures for discoveries of human remains and artifacts of cultural significance"

      14. What are the procedures for the removal and re-interment of human remains from cemeteries?

        Permission to move remains, Cemeteries §659

        The only way to human remains from can removed from a cemetery space to another unless: the surviving spouse gives written consent; surviving adult children give consent; surviving parents give written consent; or a final judgment from the parish district court.

        Exceptions, Cemeteries §660

        The state does not need permission for the following removal and re-interment of human remains:

        • Rearrangement of remains within the same space with the consent of the cemetery authority
        • The cemetery authority may remove remains from a cemetery space to another suitable place when the owner is in debt to the cemetery
        • Disinterment of human remains ordered by the court or the coroner of the parish
        • The removal and transfer of remains to correct an error after giving written notice to the immediate family.

      15. How does the state regulate the opening and construction of highways through burial grounds or cemeteries?

        Opening of roads, railroads through cemetery; consent required, exception, Cemeteries §316

        As long as property is dedicated to being a cemetery, no road, railroad, or other public throughfare can be laid out over or across any part of the property without the consent of the cemetery authority. If there is no cemetery authority for the property, then it requires the consent of at least two-thirds of the internment space owners.

      16. How does the state identify, preserve, and control Native American sacred sites?

        We are unable to locate information relevant to this question at this time.

      17. How does the state preserve historical lands from surface mining?

        Designating areas unsuitable for surface coal mining, Minerals, oil, and gas and environmental quality §922

        Surface mining is not allowed in an area where it might result in significant damage to any important historic site.

      18. What are the procedures for the exploration of submerged graves and underwater sites?

        See the answer for "What are the procedures for excavation or removing or removing remains or archaeological resources on public land?"

      19. What are the procedures for transferring land and property containing historic or cultural resources?

        We are unable to locate information relevant to this question at this time.

      20. What public health regulations exist for the removal and burial of human remains?

        Sanitary Code, Public Health §4

        The state health officer, acting through the office of public health of the Department of

        Health and Hospitals, will prepare rules and regulations in the state's Sanitary Code. The Sanitary Code will include rules regarding the burial of human remains.

      21. How is environmental impact measured for historic and archeological resources?

        We are unable to locate the information relevant to this question at this time.

  4. Activities Affecting Burials which Require State or Local Government Compliance

      1. What activities affecting burials require state or local government compliance?

        Lots, plots, or burial spaces; permits for interment; sale, Cemeteries §109

        Municipal governments may establish lots, or plots and issue permits for the interment of human remains.

  5. Rules, Regulations, and Ordinances Governing Burial-Related Activities

      1. What state regulations relate to non-governmental burial-related activities?

        Underground burials; depth, Cemeteries §902

        All graves must be dug deep enough to allow for at least two feet of a soil to cover the casket.

      2. What local regulations relate to non-governmental burial-related activities?

        We are unable to locate information relevant to this question at this time.

  6. Decision-Making

    1. Authorities Empowered to Make Decisions Affecting Burials

      1. How is a cemetery association formed in this state?

        Incorporation required, Cemeteries §201

        A corporation is only allowed to operate a cemetery if it is received a certificate of authority of the cemetery board association.

        Corporations; how organized, Cemeteries §202

        Any corporation formed for the purpose of estbablishing, maintaining, managing, improving, or operating a cemetery must be formed in the manner that a general corporation of the state.

        Prior operations not affected, Cemeteries §203

        The requirement for how a cemetery corporation is be organized, does not apply to any cemetery authority that existed and was operating a cemetery on July 31, 1974, and the cemetery corporation may continue to operate.

      2. Who has the right to conduct archaeological field excavations?

        Archaeological finds on state land; state property, Cemeteries 1605

        All archaeological finds on state land belong to the state, and it is illegal for any person to excavate the site without first getting a permit from the secretary of the Department of Culture, Recreation and Tourism.

      3. Who has custody rights of discovered human remains?

        Discovery of unmarked burial sites, human skeletal remains, and burial artifacts, Cemeteries §680

        Discovered human remains are under the jurisdiction of the secretary of the Department of Culture, Recreation and Tourism.

      4. Who has ownership rights of archaeological specimens or objects or cultural significance?

        See the answer for "who has the right to conduct archeological field excavations?"

      5. What rights do nonresidents of the state maintain?

        We are unable to locate information relevant to this question at this time.

      6. What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?

        We are unable to locate information relevant to this question at this time.

      7. Who has dominion and control of state historic or archaeological resources?

        See the answer for "who has the right to conduct archeological field excavations?"

      8. Who sites on the state historical commission, and how are these members appointed?

        Board; appointment; terms; meetings, Libraries, museums, and other scientific §521

        The Louisiana Historical Preservation and Cultural Commission is composed of fourteen members. One member is selected by each president of the following organizations: Louisiana State University, Louisiana Tech University, Tulane University, Southern University and University of Southwestern Louisiana; one member each designated by the Louisiana Architects Association, Louisiana Landmarks Society, Louisiana Historical Association, Foundation for Historical Louisiana and the Louisiana Genealogical and Historical Society; and one member each, serving ex officio, from State Archives and Records Commission, State Parks and Recreation Commission, Louisiana State Museum, and State Tourist Development Commission.

      9. Who sits on the state historic preservation board and for how long?

        See the answer for the question who sits on the state historical commission, and how are these members appointed.

  7. Scope of Authority

      1. What powers and responsibilities are delegated to cemetery associations in this state?

        Specific powers; rule making and enforcement, Cemeteries §204

        A cemetery authority is able to make and enforce rules and regulations regarding the care, control, management, restriction and protection of all or any part of its cemetery. This includes the following: restricting the use of property; regulate the markers, monuments and other structures within the cemetery; regulate the introduction or care of plants or shrubs within the cemetery; prevent interment of any human remains; regulate conduct of persons in the cemetery; and any other purpose deemed necessary.

      2. How are cemetery sales records to be kept?

        Record of ownership and transfers, Cemeteries §314

        Every cemetery authority is required to keep a record of the ownership of every internment space in the cemetery it gave to others, and all transfers of the ownership. In order for a transfer to be complete, it must be actually recorded in the official records of the cemetery authority.

        Inspection of records, Cemeteries §315

        The official records of every cemetery authority are open to inspection by the owner or any representative of the owner of an interment space during customary office hours of the cemetery.

      3. What power does the state have to acquire or purchase property of historic or archaeological significance?

        Powers and duties, Libraries, museums, and other scientific §802

        The director of the State Department of Art, Historical and Cultural Preservation has the ability to establish a program of preservation, maintenance and restoration of historic buildings and monuments. The director is able to do this by leasing or purchasing real or personal property that are or contain historical objects.

      4. How does the state manage park and historical sites?

        Title to state parks, Wildlife and fisheries §1698

        The title to all lands acquired for the purpose of creating a state park, belong to the state of Louisiana.

      5. What are the powers of municipal and county governments regarding park and historical sites?

        We are unable to location information relevant to this question at this time.

      6. How do county and municipal governments oversee cemetery property?

        Powers of parish governing authorities, Cemeteries §113

        Any parish governing authority may also exercise all of the powers given to corporations regarding cemeteries.

      7. What are the powers and duties of the state historical commission?

        Objectives; listing of resources; coordination, Libraries, museums, and other scientific §522

        The Louisiana Historical Preservation and Cultural Commission creates a cataloged index of the State's historic and cultural resources, creates a plan for criteria and methods for preservation and restoration of those resources, and makes recommendations to other governmental bodies, suggests possible legislation, and creates a land use recommendations for the acquisition of historic landmarks or objects.

      8. How does the state historical commission register or include historical property?

        See the answer to "what are the powers and duties of the state historical commission

      9. What are the powers and duties of the state archaeological commission?

        Responsibilities of the division, Public lands §1604

        The Louisiana Archaeological Survey and Antiquities Commission has the power to regulate the recovery and study of historic and prehistoric archeological resources including: American Indian campsites; all historic sites, objects and buildings; all sunken or abandoned ships; all treasures found in earth or underwater; and all maps, documents and records related to archaeological remains. Additionally, the Commission maintains the state archaeological files, functions as legal custodian for archaeological artifacts, implements a program to make information public about archaeological resources, serve as a advisory source for state agencies, and administer an archaeological grants program.

      10. How is the rehabilitation and preservation of historic property conducted?

        See the answer for "What are the powers and duties of the state archaeological commission"

      11. What specific historic or cultural properties are regulated by the state's historical commission?

        We are unable to locate information relevant to this question at this time

  8. Special Funding Sources

    1. Special Funding for Protection and Preservation of Burials

      1. How is the income from cemetery land to be used and dispersed in this state?

        Cemetery fund, Cemeteries §77

        All income received is held by the treasurer of the board and is used to pay for services; machines, equipment, and supplies, and other expenses that are reasonably required for orderly and efficient operation of the board.

      2. How is a state historic acquisition and preservation fund administered?

        Duties and Responsibilities, Libraries, museums, and other scientific §912

        The division of historic preservation, within the office of cultural development of the

        Department of Culture, recreation and Tourism, provides for the management of state funds allocated for grants for the research of historic preservation.

      3. How are trust funds for the maintenance of cemeteries established and administered?

        Administration of trust funds; maintenance; exemption from seizure, Cemeteries §454.1

        The principal amount of a trust fund remains permanently intact, and only income from the fund is allowed to be used. The income may be used to care for the parts of cemetery that interment spaces have been sold with a provisions for perpetual care. The income from the fund is not allowed to be used to care for unsold portions of cemetery property. After a trust fund is established, ten percent of the gross sales price will be deposited into the trust fund. If an internment space is provided without charge, then at least ten percent of the market value of the space will be deposited in the trust fund.

      4. How are state historic archives maintained?

        State archives and records commission and state archives and records service merged and consolidate into the office of the secretary of state, Libraries, museums, and other scientific §127

        The power to maintain records is given to the secretary of state. Any statute that previously gave such power to the State Archives and Records Commission, will now transfer that power to the secretary of state.

      5. How may the state enter into private contracts for recovering and preserving historical artifacts?

        Powers and duties, Libraries, museums, and other scientific 802

        The director of the State Art, Historical, and Cultural Preservation Agency, has the power authorize the entry on private lands to make surveys and examinations, after getting permission from the owner.

        Contracts for recovery, Public lands §1607

        The secretary of the Louisiana Archaeological Survey and Antiquities Commission has the power to enter to a contract with any person for the recovery of archaeological resources on state-owned lands or private lands after getting consent from the owner. Any contract created must be approved by the attorney general and can provide fair compensation to the salvager, and a percentage of a the reasonable cash value of the objects to the owner of private land. The secretary is allowed to determine the fair share taken into account the circumstances of the excavation, and the value determined by appraisal of qualified experts.

      6. What funding exists for state historical education efforts?

        We are unable to locate information relevant to this question at this time.

      7. What funding exists for state museums' scientific services?

        We are unable to locate information relevant to this question at this time.

    2. Special Funding for Public Lands

      1. What special funding sources are there for protection and preservations of burials on public lands?

        Funds for support and improvement; special municipal election authorized, Cemeteries §104

        In order to maintain the property and fixtures of a public cemetery, the governing authority of a municipality may call a special election to provide funds.

    3. Special Funding for Private Lands

      1. What special funding sources are there for protection and preservation on burials on private lands?

        We are unable to locate information relevant to this question at this time.

  9. State Recognition of Constituent Groups

    1. Laws Recognizing or Acknowledging Constituent Groups

      1. What laws are there recognizing or acknowledging constituent groups?

        Rate of compensation; prior service; supplementation monthly compensation; police to receive additional compensation, Municipalities and parishes §2218.2

        Members of the Chitimacha Tribe, the Coushatta Tribe of Louisiana, and the

        Tunica-Biloxi Tribe of Louisiana are given extra compensation in the amount of 500 dollars per month after completing one year of service as a police officer.

        Extra compensation, Municipalities and parishes §2002

        Members of the Chitimacha Tribe, the Coushatta Tribe of Louisiana, and the

        Tunica-Biloxi Tribe of Louisiana are given extra compensation in the amount of 300 dollars while employed at a fire department for at least one year.

      2. What tribes are recognized by the state?

        Rate of compensation; prior service; supplementation monthly compensation; police to receive additional compensation, Municipalities and parishes §2218.2

        The state recognizes the Chitimacha Tribe, the Coushatta Tribe of Louisiana, and the

        Tunica-Biloxi Tribe of Louisiana.

      3. Are the state-recognized tribes different from the federally-recognized tribes in the state?

        Native American Week, State administration §158.1

        There are four state-recognized tribes, and four federally recognized tribes in Louisiana.

    2. Compliance Laws

      1. What laws are there related to compliance with recognition or acknowledgment of constituent groups?

        We are unable to locate information relevant to this question at this time.

    3. Regulatory Laws

      1. What laws are there related to regulation of recognition or acknowledgment or constituent groups?

        We are unable to locate information relevant to this question at this time

    4. Decision-Making Authorities

      1. What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?

        Disposition of unmarked burial sites, human skeletal remains, and burial artifacts, Cemeteries §681

        If an unmarked burial site is discovered, and it is shown to have a ethnic affinity to any living tribe of Native Americans, then the secretary must notify the tribe of the discovery, and allow the tribe to control the disposition of the human remains.

      2. How are Indian sacred sites regulated?

        Responsibilities of the division, Public lands §1604

        The division of archaeology, within the office of cultural development of the Department of Culture, Recreation and Tourism, has the power to create and enforce rules and regulations of all historic American Indian archaeological sites.

      3. Is there a state Indian Affairs Commission or equivalent?

        Yes, it is called the Governor's Office of Indian Affairs. Public welfare and assistance §2301

      4. How is the state Indian Affairs Commission or equivalent composed?

        Creation; personnel, Public welfare and assistance §2301

        The Governor appoints an executive director for the office who is allowed to employ the necessary staff.

      5. What are the powers and duties of the state Indian Affairs Commission?

        Powers, duties, functions, Public welfare and assistance §2302

        The office has the power to administer any program relevant to Louisiana Indians, collect facts and statistics about the conditions affecting the welfare of Louisiana Indians, make recommendations to the governor, coordinate service of all agencies serving Louisiana Indians, serve as official negotiation agent of the state, and create any rules and regulations that are necessary to implement the chapter.

      6. Is there a state Indian cultural heritage commission?

        We are unable to locate information relevant to this question at this time.

    5. Special Funding

      1. What special funding sources are there for state recognition or acknowledgment of constituent groups?

        We are unable to locate information relevant to this question at this time.


[1] All references are to the Louisiana Code, which can be accessed at http://www.legis.state.la.us/lss/search.htm


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