Idaho Annotations
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Protection of Burials
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Acts Prohibited by Law and Subject to Criminal Sanctions
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What is the criminal liability for unlawfully excavating human remains or archaeological resources?
Unlawful desecration or molestation of any grave, cemetery, or other place of burial. Any person convicted or found guilty of violating this provision is guilty of a misdemeanor.
Any person who unlawfully removes any part of any human remains a place of interment with intent to dissect it or from malice or wantonness is guilty of a felony punishable by imprisonment in the state penitentiary for up to five years, by a fine up to ten thousand dollars or by both.
Any person who commits an act offensive to the senses (public nuisance), where the punishment is not otherwise prescribed, is guilty of a misdemeanor.
Any person who willfully, intentionally, or recklessly disturbs any archaeological site is guilty of a misdemeanor and is also civilly liable to the state of Idaho in a sum triple the amount of the expense of repairing, replacing, and reconstructing said site to its original condition.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Any person who removes unlawfully human remains from any place of interment with intent to sell it is guilty of a felony punishable by imprisonment in the state penitentiary up to five years, by a fine up to ten thousand dollars or by both.
No person may unlawfully possess any artifacts or human remains taken from a grave or sell any human artifacts or human remains taken from a grave. Specific criminal liability is not discussed.
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Any person who unlawfully removes any part of any human remains a place of interment with intent to dissect it or from malice or wantonness is guilty of a felony punishable by imprisonment in the state penitentiary for up to five years, by a fine up to ten thousand dollars or by both.
Unlawful desecration or molestation of any grave, cemetery, or other place of burial. Any person convicted or found guilty of violating this provision is guilty of a misdemeanor.
No person may unlawfully possess any artifacts or human remains taken from a grave or sell any human artifacts or human remains taken from a grave. Specific criminal liability is not discussed.
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
Unlawful desecration or molestation of any grave, cemetery, or other place of burial. Any person convicted or found guilty of violating this provision is guilty of a misdemeanor.
Any person who commits an act offensive to the senses (public nuisance), where the punishment is not otherwise prescribed, is guilty of a misdemeanor.
Any person who willfully, intentionally, or recklessly disturbs any archaeological site is guilty of a misdemeanor and is also civilly liable to the state of Idaho in a sum triple the amount of the expense of repairing, replacing, and reconstructing said site to its original condition.
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What is the criminal liability for defacing or destroying historical or archaeological sites?
Any person who willfully, intentionally, or recklessly damages, destroys, or harms any archaeological or any historic site, or who destroys, or damages any sign, marker, or monument referring to said site, is guilty of a misdemeanor.
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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.
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What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
Any person who unlawfully desecrates or molests any portion of any grave, headstone, grave marker, mausoleum, crypt, or other evidence of remains of a deceased human body, if convicted or found guilty, is guilty of a misdemeanor.
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
No person may possess any artifacts taken from grave. Specific criminal liability is not discussed.
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What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
Any person who, without prior permission, willfully or knowingly breaks, breaks off, cracks, carves upon, writes, marks upon, or in any manner destroys, mutilates, injures, defaces, removes, displaces, mars or harms any natural material found in any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions will be guilty of a misdemeanor. So too is it a misdemeanor to excavate, remove, displace, mar or harm any archaeological 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 any such articles.
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What specific laws restrict the alienation or use of historic burial places?
We are unable to locate information relevant to this question at this time.
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What is the criminal liability for removing or damaging headstones?
Any person who unlawfully desecrates or molests any portion of any grave, headstone, grave marker, mausoleum, crypt, or other evidence of remains of a deceased human body, if convicted or found guilty, is guilty of a misdemeanor.
No person may unlawfully and willfully remove, mutilate, deface, injure or destroy any grave. No specific criminal liability is mentioned.
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What are the general state criminal laws for abuse of corpse?
Any person who is convicted or found guilty of molesting in any way evidence of remains of a deceased human body outside the terms of the law is guilty of a misdemeanor.
A person is guilty of a felony when he unlawfully dissects, mutilates, or incinerates a human corpse in the presence of a child as part of a ceremony, rite or any similar observance.
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What are the general state criminal laws for theft?
Theft includes a wrongful taking, obtaining or withholding of another's property, with the intent to deprive another of property or to appropriate the property to himself or a third person, he wrongfully takes or withholds the property from the owner. This includes theft committed by deception, larceny, embezzlement, extortion, under false pretenses, receiving stolen goods, by acquiring lost property, and by false promise.
A person commits theft when he knowingly takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another person, with the intent of depriving the owner thereof.
Theft is divided into two degrees: grand theft and petit theft.
A person is guilty of grand theft when he commits a theft by instilling in the victim a fear that the actor or another person will cause physical injury, cause damage to property, or use a position as a public servant to affect some person adversely.
Grand theft committed in this manner is a felony punishable by fine up to ten thousand dollars or imprisonment in the state prison for between one year and twenty years, or by both.
A person is guilty of grand theft when he commits a theft as defined in this chapter and the value of the property taken exceeds one thousand dollars, or the property consists of a public record or writing of a public office, or the property is a check, draft, money order or financial transaction card, or the property is anhydrous ammonia. Grand theft also occurs when the property is taken from the person of another, is obtained by extortion, or consists of firearms. When any series of thefts, comprised of individual thefts having a value of one thousand dollars or less, are part of a common scheme or plan, the thefts may be aggregated in one count and the sum of the value of all of the thefts shall be the value considered in determining whether the value exceeds one thousand dollars, this is also grand theft. When the property has an aggregate value over fifty dollars and is stolen during three or more incidents during a criminal episode, this too counts as grand theft.
These grad thefts are each a felony punishable by a fine less than five thousand dollars, or by imprisonment in the state prison for between one year and fourteen years, or by both.
All other thefts not enumerated constitute petit theft. Petit theft is a misdemeanor punishable by a fine less than one thousand dollars, or by imprisonment in the county jail for less than one year or both.
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What are the general state criminal laws for receiving stolen property?
Idaho considers the receiving of stolen property theft. A person commits theft when he knowingly receives, retains, conceals, obtains control over, possesses, or disposes of stolen property, knows the property to have been stolen or would reasonably believe that the property was stolen, and intends to deprive the owner permanently of the use or benefit of the property.
Receiving stolen property constitutes petit theft and, thus, is a misdemeanor punishable by a fine under one thousand dollars, or by imprisonment in the county jail not exceeding one year or by both.
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What are the general state criminal laws for unlawful trespass?
A person who willfully commits any trespass, by either digging, taking, or carrying away from any lot situated within the limits of any incorporated city, without the license of the owner or legal occupant thereof, any earth, soil, stone; or willfully opening or destroying any fence on the enclosed land of another; or entering without permission of the owner or the owner’s agent, upon the real property of another person which is posted with "No Trespassing" signs that have a minimum of one hundred square inches of fluorescent orange paint or other notices of like meaning, spaced at least every six hundred sixty feet is guilty of a misdemeanor.
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What are the general state criminal laws for mischief?
There are no general state mischief laws as they are specifically enumerated throughout Title 18 Chapter 70.
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What are the general state criminal laws for damage to property?
There are no general state laws for damage to property as they are specifically enumerated throughout Title 18 Chapter 70.
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What are the general state criminal laws for hate crimes?
We are unable to locate information relevant to this question at this time.
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Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
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How is the excavation of historical and archaeological resources restricted in this state?
The board of trustees of the Idaho State Historical Society is responsible for creating and enforcing regulations as it may deem needful to protect the prehistoric ruins and relics and archaeological sites Idaho on public land.
No person may remove any part of ruins, objects, specimens, or artifacts recovered from archaeological sites or deposit them without first obtaining the consent of the board. The board can require, as a condition to consent, that said artifacts shall become or remain the property of the state of Idaho.
A permit must be obtained from the board of trustees of the Idaho State Historical Society prior to excavation of any archaeological site on Idaho public lands. Permits will be issued only to applicants who are qualified by experience or professional training to conduct such excavations in an approved scientific manner.
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How is the collection or removal of historical and archaeological resources restricted in this state?
No person may remove any part of ruins, objects, specimens, or artifacts recovered from archaeological sites or deposit them without first obtaining the consent of board of trustees of the Idaho State Historical Society. The board can require, as a condition to consent, that said artifacts shall become or remain the property of the state of Idaho.
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What specific laws restrict the alienation or use of historic burial places?
No change in the use of any property or change of zoning classification within a historic district will be permitted until an application for a certificate of appropriateness has been submitted and approved by the city or county historic preservation commission.
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Time Limits for Bringing Criminal Action
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What time limits govern the initiation of a criminal action related to the protection of burials?
For the prosecution of felonies, the filing of the complaint or the finding of an indictment must occur within five years after its commission. However, prosecution under section 18-1506A (abuse of a corpse in the presence of a child) must be commenced within three years after the date of initial disclosure by the victim.
Prosecution for any misdemeanor must be commenced by the filing of the complaint or the finding of an indictment within one year after its commission.
However, prosecution for failure to report or failure to cause to be reported the abuse, abandonment or neglect of a child must be commenced by the filing of the complaint or the finding of an indictment within four years after its commission.
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Time Limits for Bringing Civil Action
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What time limits govern the initiation of a civil action related to the protection of burials?
Civil action must be brought within two years of the discovery of the violation by the plaintiff. The action may 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.
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Sanctions
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Criminal
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What are the general criminal fines and penalties for misdemeanors and felonies in the state?
Unless otherwise enumerated, a felony is punishable by imprisonment in the state prison up to five years, or by fine less than fifty thousand dollars or both.
Unless otherwise enumerated, a misdemeanor, is punishable by imprisonment in a county jail for up to six months, or by a fine up to one thousand dollars or by both.
In addition to any enumerated punishments for misdemeanors, the court may also impose a fine of up to one thousand dollars. This, however, does not apply if the misdemeanor statute provides for the imposition of a specific fine.
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What are the class designations for misdemeanors and felonies in the state?
Wherever the words felony, felony in the first degree, felony in the second degree, or felony in the third degree are used in the entire Idaho Code, the same are defined as a felony and shall be punishable, unless otherwise provided in a specific act, according to the General Felony Statute (18-112, above).
Wherever the words misdemeanor, petty misdemeanor or violation are used in the entire Idaho Code, these terms or any of them shall be construed to mean misdemeanor and are punished, unless otherwise provided for in a specific act, as provided under the General Misdemeanor Statute (18-113, above).
§ 18-111B.
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Civil or Administrative
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What are the civil sanctions related to burial protection in the state?
Any person shall have a cause of action to secure an injunction, damages or other appropriate relief against any person who is alleged to have violated the provisions of section 27-502 (Burial Protection Statute). The action must be brought within two years of the discovery of the violation by the plaintiff. The action may 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.
If the plaintiff prevails in this action, the court may award reasonable attorney, grant injunctive relief as is appropriate, including forfeiture of any artifacts or remains acquired or equipment used in the violation, may award actual damages and punitive damages (where the violation was willful).
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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.
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Preservation of Burials and Compliance Therewith
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Laws Related to Preservation of Burials
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How are future interests in property involving burials subject to the rule against perpetuities?
It is unlawful to operate a perpetual or endowed care cemetery in Idaho except by means of a corporation organized under the laws of this state.
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How can the state exercise eminent domain over a cemetery or historic property?
All cities have the power to purchase, hold and pay for all necessary grounds including any lands as have heretofore been laid out or platted and offered for sale for cemetery purposes, except those portions that have been already sold for cemetery purposes.
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How are conservation and preservation easements created in this state?
A conservation easement may be created in the same manner as other easements. No right or duty arises under a conservation easement before recordation of its acceptance by the holder. A conservation easement is unlimited in duration unless the instrument creating it otherwise provides. An interest in real property that exists at the time a conservation easement is created is not impaired by it unless the owner consents to or is party to the conservation easement.
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How does the state create authorized rights-of-way through cemetery property?
We are unable to locate information specific to cemetery property at this time.
County-wide highway districts are responsible for city rights-of-way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls. Design, construction, reconstruction and maintenance shall include engineering for both motorist and pedestrian traffic, highway lighting where it is primarily of benefit to the motorist, traffic control devices where they are needed for traffic control and drainage where it is necessary for motorist safety or right-of-way maintenance.
Acquisition and acceptance of rights-of-way shall be the responsibility of the county-wide highway district.
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How are the transfer of cemetery lots and the disposition of cemetery land regulated?
No owner of a cemetery not previously operating as a perpetual or endowed care cemetery may advertise or sell lots in its cemetery under the representation that the cemetery or lot is entitled to perpetual care until there a trust fund has first been established to provide for such care. This requires that:
(a) the cemetery authority deposit fifty thousand dollars in cash in an irrevocable trust fund with a trustee.
(b) from the final proceeds of any sale made by the cemetery authority of an adult burial space must be deposited in the trust fund a sum equal to ten percent of the selling price or ten dollars, whichever is greater
(c) there be deposited in said trust fund five dollars for each niche sold.
(d) there be deposited twenty-five dollars for each crypt sold.
(e) these deposits must be made no later than thirty (30) days from receipt of the final payment by the purchaser of the burial space.
(f) the income from the trust or endowment care fund shall be used solely for the general care, maintenance, and embellishment of the cemetery and shall be applied in such manner as the cemetery authority may from time to time determine be for the best interests of the cemetery.
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How will the state regulate or sell unsuitable or condemned cemetery property?
We are unable to locate information relevant to this question at this time.
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What is the procedure for abandoning burial grounds or cemetery lots?
We are unable to locate information relevant to this question at this time.
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What is the procedure for removing or replacing headstones?
We are unable to locate information relevant to this question at this time.
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How will the state preserve historical or archaeological resources threatened by public construction or public works?
The governing body of any county or municipality is empowered to provide by ordinances, special conditions or restrictions for the protection, enhancement and preservation of historic properties. However, this does not allow the designation, regulation, conditioning or restriction by ordinance or other means of any property or facility owned by the state of Idaho.
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What are the procedures for excavating or removing remains or archaeological resources on public lands?
A permit must be obtained from the board of trustees of the Idaho State Historical Society before any excavation of any prehistoric site, ruins, pictographs, petroglyphs, or any archaeological site on Idaho public lands. Permits are issued only to applicants who are qualified by experience or professional training to conduct such excavations in an approved scientific manner. The board of trustees may appoint professionally qualified advisors as, in their opinion, may be needed to advise them upon the granting of said permits.
Prior notification to the director of the state historical society and to the appropriate Indian tribe in the vicinity of the intended action if the cairn or grave contains remains of an Indian, is required before a professional archaeologist may excavate a cairn or grave and remove material objects and human remains.
Any proposed excavation by a professional archaeologist of a native Indian cairn or grave can be initiated only after prior written notification to the director of the state historical society and with prior written consent of the appropriate Indian tribe in the vicinity of the intended action. Failure of a tribe to respond to a request for permission within sixty days of its mailing by certified mail, return receipt requested, is considered consent. All material objects and human remains removed during such an excavation shall, following scientific study, be reinterred at the archaeologist’s expense under the supervision of the Indian tribe.
The appropriate Indian tribe to be notified should be determined through consultation with the director of the state historical society.
§ 27-503.
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What are the procedures for excavating or removing remains or archaeological resources on private lands?
We are unable to locate information to the effect that Idaho law distinguishes between remains found on public and private land. Thus, see above.
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
Persons who discover graves through inadvertence, including by construction, mining, or logging, shall cause the human remains to be reinterred. The expense for such reinterment shall be at least partially borne by the state historical society.
Prior notification to the director of the state historical society and to the appropriate Indian tribe in the vicinity of the intended action if the cairn or grave contains remains of an Indian, is required before a professional archaeologist may excavate a cairn or grave and remove material objects and human remains.
Any proposed excavation by a professional archaeologist of a native Indian cairn or grave can be initiated only after prior written notification to the director of the state historical society and with prior written consent of the appropriate Indian tribe in the vicinity of the intended action. Failure of a tribe to respond to a request for permission within sixty days of its mailing by certified mail, return receipt requested, is considered consent. All material objects and human remains removed during such an excavation shall, following scientific study, be reinterred at the archaeologist’s expense under the supervision of the Indian tribe.
The appropriate Indian tribe to be notified should be determined through consultation with the director of the state historical society.
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What are the procedures for the disposition of human remains and funerary artifacts?
Disposition law is determined not by Idaho but by individual district regulations.
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What are the procedures for the removal and re-interment of human remains from cemeteries?
Prior notification to the director of the state historical society and to the appropriate Indian tribe in the vicinity of the intended action if the cairn or grave contains remains of an Indian, is required before a professional archaeologist may excavate a cairn or grave and remove material objects and human remains.
Any proposed excavation by a professional archaeologist of a native Indian cairn or grave can be initiated only after prior written notification to the director of the state historical society and with prior written consent of the appropriate Indian tribe in the vicinity of the intended action. Failure of a tribe to respond to a request for permission within sixty days of its mailing by certified mail, return receipt requested, is considered consent. All material objects and human remains removed during such an excavation shall, following scientific study, be reinterred at the archaeologist’s expense under the supervision of the Indian tribe.
The appropriate Indian tribe to be notified should be determined through consultation with the director of the state historical society.
§ 27-503.
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
Any legally recognized form of business desiring to vacate a plat inside or within one mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city clerk.
Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten days prior to the date of public hearing to all property owners within three hundred feet of the boundaries of the area described in the petition. A notice of public hearing will also be published once a week for two weeks in the official newspaper of the city, the last of which cannot be less than seven days prior to the date of the hearing.
However, in cases of the vacation of a cemetery plat where there has been no interment, or where the cemetery is within three hundred feet of another plat for which a vacation is sought, publication of the notice of hearing is the only required notice to the owners in the cemetery.
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How does the state identify, preserve, and control Native American sacred sites?
If the Native American site is a historic or archeological site, a county or city historic preservation is authorized to preserve it as such.
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How does the state preserve historical lands from surface mining?
We are unable to locate information relevant to this question at this time.
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What are the procedures for the exploration of submerged graves and underwater sites?
We are unable to locate information relevant to submerged graves at this time.
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How is activity affecting aquatic beds regulated?
We are unable to located information relevant to this question at this time.
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What are the procedures for transferring land and property containing historic or cultural resources?
All lands, buildings or structures acquired by a historic preservation commission from funds other than those appropriated by a county or city may be acquired and held in the name of the historic preservation commission, the county or municipality, or both.
Any county or city historic preservation commission may acquire fee and lesser interests in historic properties by purchase, bequest or donation, but shall not be authorized to acquire historic properties by condemnation. These commissions may also lease, sell and otherwise transfer or dispose of historic properties subject to rights of public access and other covenants and in a manner that will preserve the property.
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What public health regulations exist for the removal and burial of human remains?
The Department of Health and Welfare has the jurisdiction to regulate, control and supervise the handling, transportation and burial or disposal of all dead human bodies. The Department is authorized to make and enforce rules and regulations it believes are necessary to preserve and protect the public health.
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How is environmental impact measured for historic and archeological resources?
Idaho law does not specify environmental impact regarding historical resources. Any environmental concerns are most likely addressed by county or city historic commissions.
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Activities Affecting Burials which Require State or Local Government Compliance
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What activities affecting burials require state or local government compliance?
The Department of Health and Welfare has the jurisdiction to regulate, control and supervise the handling, transportation and burial or disposal of all dead human bodies. The Department is authorized to make and enforce rules and regulations it believes are necessary to preserve and protect the public health.
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Regulation by State or Local Government of Non-Governmental Burial-Related Activities
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What state regulations relate to non-governmental burial-related activities?
The Department of Health and Welfare has the jurisdiction to regulate, control and supervise the handling, transportation and burial or disposal of all dead human bodies. The Department is authorized to make and enforce rules and regulations it believes are necessary to preserve and protect the public health.
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What local regulations relate to non-governmental burial-related activities?
The Department of Health and Welfare has the jurisdiction to regulate, control and supervise the handling, transportation and burial or disposal of all dead human bodies. The Department is authorized to make and enforce rules and regulations it believes are necessary to preserve and protect the public health.
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Decision-Making
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Authorities Empowered to Make Decisions Affecting Burials
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How is a cemetery association formed in this state?
Whenever fifteen or more holders of title to lands aggregating more than six thousand acres of contiguous territory, or of contiguous territory having market value of at least one million, desire to organize as a cemetery maintenance district, such district may be created and organized so long as none of the lands being included are already within a cemetery maintenance district.
A petition must be presented to the board of county commissioners and filed with the clerk of the board of commissioners of the county in which the proposed cemetery maintenance district is situated, signed by the number of holders of title. The petition must plainly and clearly designate the boundaries of the proposed cemetery maintenance district and shall state the name of the proposed district, and shall be accompanied by a map thereof. The petition, together with all maps and other papers filed therewith are open to public inspection in the office of the clerk of the board of commissioners between the date of their said filing and the date of the election.
The said board sets a time for a hearing between four and six weeks, from the date of the presentation and filing of the petition. A notice of the hearing time must be published by the board, once each week for three successive weeks prior to the hearing, in a county newspaper. After hearing and considering any and all objections the commissioners will make an order either denying or supporting the petition
After the county commissioners have made their order, the clerk will published a notice of an election that will plainly and clearly designate the boundaries of such proposed cemetery maintenance district as designated in the petition and shall state that a map showing the boundaries of said district is on file in his office. The notice must be published twelve days prior to the election and again no less than five days prior to the election, in a county newspaper.
The notice requires the electors to cast ballots which shall contain the words ".... cemetery maintenance district, yes," or ".... cemetery maintenance district, no" or words equivalent thereto. No person may vote at any election unless he shall possess all the qualifications required of electors under the general laws of the state, and be a resident of the proposed district for thirty days or more next preceding the election.
The election is bound to the general laws of the state. The board of county commissioners will establish as many election precincts within such proposed cemetery maintenance district as may be necessary, and define the boundaries thereof. The board of county commissioners will also appoint three judges of election for each such election precinct. The result of such election shall be certified, and canvassed and declared by the board of county commissioners.
When the board of county commissioners declares the cemetery maintenance district, the board shall divide the cemetery maintenance district into three (3) subdivisions, as nearly equal in population, area and mileage as practicable. The first commissioners appointed by the governor shall serve until the next cemetery maintenance district election. Any vacancy occurring in the office of the cemetery maintenance commissioner, other than by the expiration of the term of office, will be filled by the cemetery maintenance board.
Three cemetery maintenance district commissioners are elected on the first Tuesday following the first Monday in November and every alternate year thereafter. The board of cemetery maintenance commissioners conduct the election in a manner consistent with Idaho Code. No more than one commissioner may be an elector of the same cemetery maintenance commissioners subdistrict. A commissioner must be an elector of the subdistrict which he represents at the time of his declaration of candidacy and during his term of office. A qualified elector of the cemetery maintenance district is eligible to vote for each of the cemetery maintenance district commissioners. The term of office of all commissioners shall be four years.
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Who has the right to conduct archaeological field excavations?
Only a professional archaeologist may excavate a grave and remove material objects and human remains. However, a professional archaeologist of a native Indian grave may begin only after prior written notification to the director of the state historical society and with prior written consent of the appropriate Indian tribe in the vicinity of the intended action.
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Who has custody rights of discovered human remains?
All material objects and human remains removed during an authorized excavation shall, following scientific study, be reinterred at the archaeologist’s expense under the supervision of the Indian tribe.
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Who has the ownership rights of archaeological specimens or objects of cultural significance?
No person shall remove from the state of Idaho any part of any such ruins, pictographs, petroglyphs, relics, deposits, objects, specimens, or artifacts recovered from any such archaeological or vertebrate paleontological site or deposit without first obtaining the consent of the board of trustees of the Idaho State Historical Society. The board of trustees may require, as a condition to such consent, that a portion of relics, ruins, pictographs, petroglyphs, objects, specimens, artifacts, or deposits shall become or remain the property of the state of Idaho.
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What rights do nonresidents of the state maintain?
We are unable to locate information relevant to this question at this time.
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What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
The board of trustees of the Idaho State Historical Society is authorized and empowered to promulgate and to enforce such regulations as it may deem needful to protect the prehistoric ruins and relics and archaeological sites and deposits on any public land in Idaho.
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Who has dominion and control of state historic or archaeological resources?
All rights and title to property, real and personal, belonging to the historical society of the state of Idaho are hereby vested in the board of trustees and their successors.
Any county or city historic preservation commission is authorized to acquire interests in historic properties, maintain and operate historic properties under the ownership or control of the commission, transfer or dispose of historic properties enter, solely in performance of its official duties and only at reasonable times, upon private lands for examination or survey. However, no member, employee or agent of the commission may enter any private property, building or structure without the express consent of the owner or occupant thereof.
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Who sits on the state historical commission, and how are these members appointed?
The Idaho state historical society is governed by a board of trustees. The board shall be responsible for administering the powers and duties required to preserve and protect any historical record of the history and culture of Idaho.
The board of trustees shall consists of seven members appointed by the governor. The members of the board shall be chosen with due regard to their knowledge, competence, experience and interest in the fields related to the preservation and promotion of Idaho history. The governor appoints one trustee from each of the seven judicial districts as set forth in chapter 8, title 1, Idaho Code. The board will provide the governor with a list of nominated qualified candidates to fill any board vacancy.
All members of the board shall serve for a specific term. The governor appoints members for a term of six years, except appointments for the unexpired portion of a term. No member may serve more than two (2) consecutive full terms.
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Who sits on the state historic preservation board and for how long?
The governing body of any county or city is authorized to establish a historic preservation commission to preserve, promote, and develop the historical resources of such county or city. Each commission consists of between five and ten members, who shall be appointed by the governing body. All members of the commission serve terms not to exceed three years, being eligible for reappointment as specified by the governing body.
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
Each cemetery maintenance district has power to sue and be sued, to deal in lands, make contracts, deal in personal property as may be necessary or convenient, to levy and apply such taxes for purposes under its exclusive jurisdiction as are authorized by law, to acquire a cemetery and endowment and to hold, use, manage, occupy, possess, lease, exchange, sell, convey, operate, maintain, improve and beautify such cemetery for the burying of the dead.
The board of cemetery maintenance commissioners shall have power to manage and conduct the business and affairs of the district, make and execute all necessary contracts, and make and adopt all necessary rules and regulations for carrying out the purposes of this law.
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How are cemetery sales records to be kept?
It is the duty of the treasurer of the cemetery maintenance district to keep account with the district of all moneys received by him from the collector of taxes or from any other sources, and of all other moneys belonging to the district.
All records of a cemetery authority are subject to reasonable periodic, special or other examinations by representatives of the director of the department of finance, as the director deems necessary or appropriate in the public interest.
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What power does the state have to acquire or purchase property of historic or archaeological significance?
All rights and title to property, real and personal, belonging to the historical society of the state of Idaho are vested in the board of trustees and their successors.
The board of trustees of the society is empowered to acquire, by purchase or exchange, any property which in the judgment of the board is needful for the operation of the society, and to dispose of, by sale or exchange, any property which in the judgment of the board is not needed.
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How does the state manage park and historical sites?
The Idaho State Historical Society and its board of trustees, are responsible for administering the powers and duties required to preserve and protect any historical record of the history and culture of Idaho.
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What are the powers of municipal and county governments regarding park and historical sites?
Any county or city historic preservation commission is authorized to preserve, restore, maintain and operate historic properties under the ownership or control of that commission.
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How do county and municipal governments oversee cemetery property?
We are unable to locate information relevant to this question at this time.
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What are the powers and duties of the state historical commission?
The board of trustees of the Idaho State Historical Society have powers and duties as follows: 1. To appoint and advise a director of the society and formulate general policies affecting the society. 2. To encourage and promote interest in the history of Idaho and encourage membership in the society. 3. To collect for preservation and display artifacts and information illustrative of Idaho history, culture and society. 4. To print publications and reports as may be deemed necessary. 5. To encourage creation of county historical societies and museums in the counties of Idaho. 6. To facilitate the use of Idaho records for official reference and historical research. 7. To accept official books, records, documents, original papers, newspaper files, printed books, or portraits, not in current use. When such documents are so accepted, copies are be made and certified under the seal of the society upon application of any person, which person shall pay for such copies reasonable fees established by the society. 8. To require deposit in the society of official books, records, documents, or original papers, not in current use, which are of definite historical importance, and to provide methods whereby such materials, which have no significance, may be destroyed. 9. To establish such rules as may be necessary to discharge the duties of the society. 10. To employ the personnel necessary for the administration of its duties. 11. To have and use an official seal. 12. To delegate and provide subdelegation of any such authority. 13. To identify historic, architectural, archaeological, and cultural sites, buildings, or districts, and to coordinate activities of local historic preservation commissions. 14. To serve as the geographic names board of the state of Idaho.
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How does the state historical commission register or include historical property?
The governor of this state is authorized, upon the advice and recommendation of the Idaho State Historical Society, to designate a historic or archaeological site, monument, or point of interest in this state as an Idaho state historic site provided that, if the historic or archaeological site be so designated or selected is situate upon land not owned by the state of Idaho, the site shall not be so designated without the permission and consent of the owner.
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What are the powers and duties of the state archaeological commission?
The board of trustees of the Idaho State Historical Society have powers and duties as follows: 1. To appoint and advise a director of the society and formulate general policies affecting the society. 2. To encourage and promote interest in the history of Idaho and encourage membership in the society. 3. To collect for preservation and display artifacts and information illustrative of Idaho history, culture and society. 4. To print publications and reports as may be deemed necessary. 5. To encourage creation of county historical societies and museums in the counties of Idaho. 6. To facilitate the use of Idaho records for official reference and historical research. 7. To accept official books, records, documents, original papers, newspaper files, printed books, or portraits, not in current use. When such documents are so accepted, copies are be made and certified under the seal of the society upon application of any person, which person shall pay for such copies reasonable fees established by the society. 8. To require deposit in the society of official books, records, documents, or original papers, not in current use, which are of definite historical importance, and to provide methods whereby such materials, which have no significance, may be destroyed. 9. To establish such rules as may be necessary to discharge the duties of the society. 10. To employ the personnel necessary for the administration of its duties. 11. To have and use an official seal. 12. To delegate and provide subdelegation of any such authority. 13. To identify historic, architectural, archaeological, and cultural sites, buildings, or districts, and to coordinate activities of local historic preservation commissions. 14. To serve as the geographic names board of the state of Idaho.
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How is the rehabilitation and preservation of historic property conducted?
The Idaho State Historical Society and its board of trustees, are responsible for administering the powers and duties required to preserve and protect any historical record of the history and culture of Idaho.
Any county or city historic preservation commission is authorized to preserve, restore, maintain and operate historic properties under the ownership or control of that commission.
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What specific historic or cultural properties are regulated by the state’s historical commission?
No specific properties are mentioned as regulated by the commission.
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
No owner of a cemetery not previously operating as a perpetual or endowed care cemetery may advertise or sell lots in its cemetery under the representation that the cemetery or lot is entitled to perpetual care until there a trust fund has first been established to provide for such care. This requires that:
(a) the cemetery authority deposit fifty thousand dollars in cash in an irrevocable trust fund with a trustee.
(b) from the final proceeds of any sale made by the cemetery authority of an adult burial space must be deposited in the trust fund a sum equal to ten percent of the selling price or ten dollars, whichever is greater
(c) there be deposited in said trust fund five dollars for each niche sold.
(d) there be deposited twenty-five dollars for each crypt sold.
(e) these deposits must be made no later than thirty (30) days from receipt of the final payment by the purchaser of the burial space.
(f) the income from the trust or endowment care fund shall be used solely for the general care, maintenance, and embellishment of the cemetery and shall be applied in such manner as the cemetery authority may from time to time determine be for the best interests of the cemetery.
The income from a perpetual or endowed care cemetery’s trust or endowment care fund must be used solely for the general care, maintenance, and embellishment of the cemetery and must be applied in such manner as the cemetery authority may from time to time determine be for the best interests of the cemetery.
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How is a state historic acquisition and preservation fund administered?
The director of the Idaho state historical society may receive, on behalf of the society, any money or property given to the society. Moneys received directly or derived from the sale of such property are deposited by the state treasurer in a special account in the agency asset fund known as the "Historical Society Account." Surplus moneys in the historical society account shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the historical society account.
Moneys in the state treasury’s Idaho historic preservation and cultural enhancement fund consists of funds received via grants, federal moneys, donations or funds from any other source. Moneys in the fund may be expended by the state historical society and the fund balance may be appropriated annually to the state historical society. The state treasurer invests all idle moneys in the fund. Any interest earned on the investment of idle moneys is returned to the fund.
Moneys in the fund are used exclusively for the protection and preservation of the state's cultural resources, historic buildings, structures, artifacts, and records; for enhancement of statewide cultural and historic education opportunities; and for historical research purposes.
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How are trust funds for the maintenance of cemeteries established and administered?
No owner of a cemetery not previously operating as a perpetual or endowed care cemetery may advertise or sell lots in its cemetery under the representation that the cemetery or lot is entitled to perpetual care until there a trust fund has first been established to provide for such care. This requires that:
(a) the cemetery authority deposit fifty thousand dollars in cash in an irrevocable trust fund with a trustee.
(b) from the final proceeds of any sale made by the cemetery authority of an adult burial space must be deposited in the trust fund a sum equal to ten percent of the selling price or ten dollars, whichever is greater
(c) there be deposited in said trust fund five dollars for each niche sold.
(d) there be deposited twenty-five dollars for each crypt sold.
(e) these deposits must be made no later than thirty (30) days from receipt of the final payment by the purchaser of the burial space.
(f) the income from the trust or endowment care fund shall be used solely for the general care, maintenance, and embellishment of the cemetery and shall be applied in such manner as the cemetery authority may from time to time determine be for the best interests of the cemetery.
The income from a perpetual or endowed care cemetery’s trust or endowment care fund must be used solely for the general care, maintenance, and embellishment of the cemetery and must be applied in such manner as the cemetery authority may from time to time determine be for the best interests of the cemetery.
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How are state historic archives maintained?
The Idaho State Archives are maintained by the board of trustees of the Idaho historic society as per its duties to collect for preservation information illustrative of Idaho history, culture and society, to facilitate the use of Idaho records for official reference and historical research, and to accept official books, records, documents, original papers, newspaper files, printed books, or portraits not in current use.
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How may the state enter into private contracts for recovering and preserving historical artifacts?
The board of trustees of the state historic society is empowered to acquire, by purchase or exchange, any property which in the judgment of the board is needful for the operation of the society, and to dispose of, by sale or exchange, any property which in the judgment of the board is not needed.
Any county or city historic preservation commission is be authorized to contract, with the approval of the local governing body, with the state or federal government, or any agency of either, or with any other organization.
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What funding exists for state historical education efforts?
We are unable to locate information relevant to this question at this time.
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What funding exists for state museums’ scientific services?
We are unable to locate information relevant to this question at this time.
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Special Funding for Public Lands
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What special funding sources are there for protection and preservation of burials on public lands?
maintenance fund" to which is deposited the revenues derived from the program fees for special veterans motor vehicle license plates, gifts, grants, contributions and bequests to the fund, revenues derived from the sale of state commemorative silver medallions, and any other moneys as may be provided by law. Interest earned in the veterans cemetery maintenance fund is paid to such fund.
Moneys in the fund are used exclusively for the purposes of operating, maintaining and acquiring services and personal property for a state veterans cemetery, and moneys shall be continuously appropriated for such purposes.
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Special Funding for Private Lands
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What special funding sources are there for protection and preservation of burials on private lands?
No owner of a cemetery not previously operating as a perpetual or endowed care cemetery may advertise or sell lots in its cemetery under the representation that the cemetery or lot is entitled to perpetual care until there a trust fund has first been established to provide for such care. This requires that:
(a) the cemetery authority deposit fifty thousand dollars in cash in an irrevocable trust fund with a trustee.
(b) from the final proceeds of any sale made by the cemetery authority of an adult burial space must be deposited in the trust fund a sum equal to ten percent of the selling price or ten dollars, whichever is greater
(c) there be deposited in said trust fund five dollars for each niche sold.
(d) there be deposited twenty-five dollars for each crypt sold.
(e) these deposits must be made no later than thirty (30) days from receipt of the final payment by the purchaser of the burial space.
(f) the income from the trust or endowment care fund shall be used solely for the general care, maintenance, and embellishment of the cemetery and shall be applied in such manner as the cemetery authority may from time to time determine be for the best interests of the cemetery.
The income from a perpetual or endowed care cemetery’s trust or endowment care fund must be used solely for the general care, maintenance, and embellishment of the cemetery and must be applied in such manner as the cemetery authority may from time to time determine be for the best interests of the cemetery.
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State Recognition of Constituent Groups
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Laws Recognizing or Acknowledging Constituent Groups
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What laws are there recognizing or acknowledging constituent groups?
We are unable to locate information relevant to this question at this time.
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What tribes are recognized by the state?
There are no officially recognized tribes in Idaho, however some statutes do name specific tribes.
"Indian tribe" means the Coeur d'Alene Tribe, the Kootenai Tribe of Idaho, the Nez Perce Tribe, the Shoshone Bannock Tribes of the Fort Hall Reservation, or the Shoshone-Paiute Tribes of the Duck Valley Reservation.
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Are the state-recognized tribes different from the federally-recognized tribes in the state?
Yes. Federally-recognized tribes include the Coeur D’Alene Tribe of the Coeur D'Alene Reservation, the Kootenai Tribe of Idaho, the Nez Perce Tribe of Idaho and the Shoshone-Bannock Tribes of the Fort Hall Reservation of Idaho.
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Enforcement Laws
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What laws are there related to enforcement of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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Compliance Laws
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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.
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Regulatory Laws
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What laws are there related to regulation of recognition or acknowledgment of constituent groups?
We are unable to locate information relevant to this question at this time.
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Decision-Making Authorities
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What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
If it is necessary to protect the burial site from foreseeable destruction and there has been prior notification to the appropriate Indian tribe in the vicinity of the intended action if the cairn or grave contains remains of an Indian, a professional archaeologist may excavate a cairn or grave and remove material objects and human remains for subsequent reinterment following scientific study. Reinterment must be under the supervision of the appropriate Indian tribe if the cairn or grave contained remains of an Indian.
Any proposed excavation by a professional archaeologist of a native Indian cairn or grave shall be initiated only with prior written consent of the appropriate Indian tribe in the vicinity of the intended action. Failure of a tribe to respond to a request for permission within sixty days of its mailing by certified mail, return receipt requested, is considered consent. All material objects and human remains removed during such an excavation, following scientific study, are to be reinterred at the archaeologist's expense under the supervision of the Indian tribe.
In order to determine the appropriate Indian tribe, a professional archaeologist or other person must consult with the director of the state historical society who shall designate the appropriate tribe.
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How are Indian sacred sites regulated?
We are unable to locate information relevant to this question at this time.
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Is there a state Indian Affairs Commission or equivalent?
Yes. It is called the Council on Indian Affairs.
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How is the state Indian Affairs Commission or equivalent composed?
The Idaho council on Indian affairs consists of ten members, one which is appointed by the governor, two which are appointed by the president pro tempore of the senate from the members of the senate; two which are appointed by the speaker of the house of representatives from the members of the house; and five tribal members which are appointed by each Indian tribe with one member to represent each of the various Indian tribes of the state. The five Indian members shall each be members of their respective tribal councils and appointed by the tribal chairmen subject to the consent of the tribal council. A tribal member serves at the will of his or her tribal government until a successor is similarly selected.
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What are the powers and duties of the state Indian Affairs Commission?
The Idaho council on Indian affairs has the following powers and duties: (1) To monitor and review legislation and state policies that impact state/tribal relations where state government and tribal government interface; (2) To advise the governor, legislature, and state departments and agencies of the nature, magnitude, and priorities of issues regarding state/tribal relations; (3) To advise the governor, legislature, and state departments and agencies on, and assist in the development and implementation of, cooperative policies, programs, and procedures focusing on the unique relationship between tribal and state government; (4) To establish advisory committees on special subjects or projects; (5) To cooperate and facilitate contracting between tribes and individuals or state, local, and other agencies, including agencies of the federal government and of other states; (6) To make bylaws for its own governance and procedure consistent with the laws of the state and the respective tribes.
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Is there a state Indian cultural heritage commission?
No heritage commission is named. See the Idaho council on Indian affairs above.
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Special Funding
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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.
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Definitions
Burial Space: means a space in the ground in a burial park for the interment of the remains of a deceased person, and/or a crypt or vault in a mausoleum for the uncremated remains of a deceased person, and/or a niche in a columbarium, other structure or in the ground for the interment of the cremated remains of a deceased person. § 67-4602.
Cairn: means a heap of stones or other material piled up as a memorial or monument to the dead. § 27-501.
Cemetery: means a place dedicated to, used and intended to be used for the permanent interment of the human dead, and shall include a burial plot for earth interments, a mausoleum for vault or crypt interments, a crematory, or a crematory and columbarium for cinerary interments, or any combination of one or more of the above. § 67-4602.
Cemetery Authority: means any person, firm, corporation, trustee, partnership, association or joint venture, including any family, religious, or fraternal cemetery owning, operating, controlling or managing the cemetery or holding lands for burial purposes. § 67-4602. Endowed or Perpetual Care: mean the maintenance and care of all places where interments have been made, of the trees, shrubs, roads, streets and other improvements contained within and/or forming a part of the cemetery. The term shall not include the maintenance or repair of monuments, tombs, copings or other man-made ornaments as associated with individual burial spaces. § 67-4602.
Grave: means an excavation for burial of a human body. § 27-501.
Historic preservation: menas the research, protection, restoration and rehabilitation of buildings, structures, objects, districts, areas, and sites significant in the history, architecture, archeology or culture of this state, its communities or the nation. § 67-4602.
Historic property: means any building, structure, area or site that is significant in the history, architecture, archeology or culture of this state, its communities or the nation. § 67-4602.
Indian tribe: means the Coeur d'Alene Tribe, the Kootenai Tribe of Idaho, the Nez Perce Tribe, the Shoshone Bannock Tribes of the Fort Hall Reservation, or the Shoshone-Paiute Tribes of the Duck Valley Reservation. § 67-4001.
Perpetual or Endowed Care Cemetery: means a cemetery wherein lots or other burial spaces are sold or transferred under the representation that said cemetery will receive perpetual or endowed care as herein defined, free of further cost to the purchaser after payment of the original purchase price for said lot or burial space. § 67-4602. Professional archaeologist: means a person who has extensive formal training and experience in systematic, scientific archaeology. § 27-501.
Trustee: means the financial institution, or the board of directors of a cemetery authority designated as trustee of the cemetery care fund. § 67-4602.
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Idaho Statutes Cited
§ 18-111B.
§ 67-4115.
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