Idaho Statutes

                                  TITLE  27
                         CEMETERIES AND CREMATORIUMS
                           CHAPTER 5
                      PROTECTION OF GRAVES

27-501. DEFINITIONS. For the purposes of sections 27-501
through 27-504, Idaho Code:
(1) "Cairn" means a heap of stones or other material
piled up as a memorial or monument to the dead.
(2) "Grave" means an excavation for burial of a human
body.
(3) "Indian tribe" means any Idaho Indian tribe
recognized by the Secretary of the Interior.
(4) "Professional archaeologist" means a person who has
extensive formal training and experience in systematic,
scientific archaeology.

27-503.  PERMITTED ACTS -- NOTICE. (1) If action is
necessary to protect the burial site from forseeable
[foreseeable] destruction and upon 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, a professional archaeologist may
excavate a cairn or grave and remove material objects
and human remains for subsequent reinterment
following scientific study. Reinterment shall be under
the supervision of the appropriate Indian tribe if the
cairn or grave contained remains of an Indian.
(2)  Except as provided in subsection (1) of this
section, any proposed excavation by a professional
archaeologist of a native Indian cairn or grave shall
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 (60) days of its mailing by certified mail,
return receipt requested, shall be deemed 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.
(3)  In order to determine the appropriate Indian
tribe under this section and section 27-502, Idaho Code,
a professional archaeologist or other person shall consult
with the director of the state historical society who shall
designate the appropriate tribe.