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State Burial Laws Project
Arkansas Annotations
Protection of Burials
Acts Prohibited by Law and Subject to Criminal Sanctions
What is the criminal liability for unlawfully excavating human remains or archaeological resources?
Anyone who purposefully or recklessly excavates, defaces, or disrupts the integrity of an archeological or paleontological site in a cave without permission of the owner is guilty of a Class A misdemeanor.
(§15-20-603. Unlawful activities; penalties.)
What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Anyone who knowingly buys, sells, or barters human burial remains or associated burial furniture is committing a Class D felony for a first offense and a Class C felony for a second and subsequent offenses. (Artifacts [link to definition from §13-6-402(a): (1) "Artifacts" means arrowheads, other bone and stone tools, pottery, pottery fragments, china, metal objects or other material objects made by Native American settlers, or other residents of Arkansas, which were left or lost in or on the ground, except those items which were placed in direct association with human skeletal burial remains or burial furniture as defined in this subchapter;] and private collections legally acquired prior to 7/15/1991, and artifacts collected by landowners or others who are acting with a landowners permission are exempted)
(§13-6-406. Trade or collection of remains.)
What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Anyone who intentionally or knowingly desecrates (knowingly removes or disturbs) [link to definition at §13-6-402 (4): "Desecration" means the intentional, willful, or knowing removal or disturbance of human skeletal burial remains or burial furniture which was placed with a buried human body, or treating such human skeletal burial remains in an irreverent and contemptuous manner] a burial ground or associated burial furniture is committing a Class D felony on the first offense and a Class C felony for the second or subsequent offenses. However, landowners or agricultural tenants who disturb human burial remains as a consequence of agricultural activity are exempted.
(§13-6-408. Desecration of burial grounds and burial furniture.)
Possessing human remains or funerary objects does not create a presumption of a violation, and the duty remains on the state to prove such violation
(§13-6-409. Possession of item.)
If the taking or possession of human remains or funerary objects appears to with disrespect for human dignity or for the ethnic, cultural or religious affiliations of the burial, it is the intent of the Arkansas legislature that punishment be applied.
(§13-6-401. Statement of intent.)
What is the criminal liability for unlawfully disturbing human remains and funerary objects?
Anyone who intentionally or knowingly desecrates [link to definition at §13-6-402 (4): "Desecration" means the intentional, willful, or knowing removal or disturbance of human skeletal burial remains or burial furniture which was placed with a buried human body, or treating such human skeletal burial remains in an irreverent and contemptuous manner] a burial ground or associated burial furniture is committing a Class D felony on the first offense and a Class C felony for the second or subsequent offenses. However, landowners or agricultural tenants who disturb human burial remains as a consequence of agricultural activity are exempted. (§13-6-408. Desecration of burial grounds and burial furniture.)
What is the criminal liability for defacing or destroying historical or archaeological sites?
Anyone, or any corporation, that knowingly digs up and removes, defaces or injures and artifact or archeological site is a guilty of a Class D felony for the first offense and a Class C felony for subsequent offenses if the value of the artifacts excavated or the cost to restore or repair the damage is greater than $1000. If the value of the artifact or the cost to restore or repair the damage is less than $1000, the person is committing a Class B misdemeanor for the first offense and a Class A misdemeanor for subsequent offenses.
(§13-6-308. Vandalism of archeological sites and artifacts—Penalty)
Anyone other than an employee of the State archeological survey who disturbs an archeological site by unlawfully excavating one or more artifacts is committing a Class D felony for the first offense and a Class C felony for subsequent offenses if the value of the artifacts excavated or the cost to restore or repair the damage is greater than $1000. If the value of the artifact or the cost to restore or repair the damage is less than $1000, the person is committing a Class B misdemeanor for the first offense and a Class A misdemeanor for subsequent offenses.
(§ 13-6-306. State archeological landmarks--Penalty for disturbing)
Anyone, or any corporation, that mines, extracts or removes coal from under a cemetery, graveyard, or burial place is guilty of a Class D felony.
(§5-39-211. Cemeteries--Mining and other unlawful entries.)
What is the criminal liability for unlawfully reproducing historic or archaeological sites?
Arkansas does not have a specific law prohibiting the reproduction of historic or archeological sites. However, it is unlawful in Arkansas to knowingly display human skeletal burial remains for profit (or aid in the criminal enterprise of displaying human skeletal burial remains). Anyone who does so is committing a Class C felony for each day the remains are displayed.
(§13-6-407. Display of remains.)
What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?
Anyone, or any corporation, who destroys a cemetery or grave marker is guilty of a Class C felony.
(§ 5-39-401. Destruction or removal of a cemetery marker or grave marker.)
See also § 5-71-215. Defacing objects of public respect. (below, #17)
What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
Anyone, or any corporation, who removes a cemetery or grave marker is guilty of a Class C felony.
What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
Any person who vandalizes (breaks, carves, marks upon, defaces, removes material, damages controlled entry) a cave surface is guilty of a Class A misdemeanor.
(§15-20-603. Unlawful activities; penalties)
Anyone who pollutes (stores, dumps, litters or places garbage, dead animals, sewage, toxic substances harmful to cave life or humans; burns smoke or gas harmful to cave-dwelling organisms) a cave is guilty of a Class A misdemeanor.
(§15-20-604. Additional unlawful activities; penalties)
What is the criminal liability for removing or damaging headstones?
It is a Class D felony to damage a headstone where the cost to repair or replace the damaged headstone does not exceed $500. It is a Class C felony to damage a headstone where the cost to repair or replace the damaged headstone exceeds $500 but is less than $2,500. It is a Class B felony to damage a headstone where the cost to repair or replace the headstone exceeds $2,500. (§5-71-215. Defacing objects of public respect)
What are the general state criminal laws for abuse of corpse?
Anyone who knowingly disinters, removes, dissects, mutilates or physically mistreats a corpse in a manner offensive to a person of reasonable sensibilities is guilty of a Class D felony, unless the action was authorized by law.
(§5-60-101. Abusing corpses.)
What are the general state criminal laws for theft?
Theft [definition of theft from §5-36-103(a): knowingly taking or exercising control over, or making an unauthorized transfer of interest in, the property of another person with the purpose of depriving the person of the property, or obtaining the property of another person by deception or by threat with the purpose of depriving the owner of the property] of property is a
(1) Class B felony if:
(A) The value of the property is $2,500 or more;
(B) The property is obtained by the threat of serious physical injury to any person or destruction of the occupiable structure [link to definition from §5-2-601: a vehicle, building, or other structure where any person lives or carries on a business or other calling; or where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or that is customarily used for overnight accommodation of a person whether or not a person is actually present] of another person;
(C) The property is obtained by threat, and the actor stands in a confidential or fiduciary relationship to the person threatened;
(D) The property is: Anhydrous ammonia in any form; or a product containing any percentage of anhydrous ammonia in any form;
(E) The property is building material (lumber, construction tools, window, door, tubing, etc.) obtained from a permitted construction site (construction, alteration, painting, repair for which a building permit has been issued by a city, town or county) and the value of the building material is $500 or more.
(F) The value of the property is five hundred dollars ($500) or more and the theft occurred in an area declared to be under a state of emergency;
(2) Class C felony if:
(A) The value of the property is less than $2,500 but more than $500;
(B) The property is obtained by threat;
(C) The property is a firearm valued at less than $2,500;
(D) The property is a credit/debit card or account number;
(E) The property is livestock and is valued at over $200; or
(F) The value of the property is at least one hundred dollars $100 but less than five hundred dollars $500 and the theft occurred in an area declared to be under a state of emergency.
(3) Class D felony if: the value of the property is $500 or less and was unlawfully obtained during a criminal episode (series of thefts committed by the same person on 3 or more occasions within 3 days
(4) Class A misdemeanor if:
(A) The value of the property is $500 or less; or
(B) The property has inherent, subjective, or idiosyncratic value to its owner or possessor even if the property has no market value or replacement cost.
(§5-36-103. Theft of property)
What are the general state criminal laws for receiving stolen property?
A person is guilty of theft by receiving if he or she receives stolen property of another person and either knows or has good reason to know the property was stolen. Unexplained possession or control of the property or acquisition of property for consideration far below the property's reasonable value are scenarios that would give rise to a presumption that person knows or believes that the property was stolen.
Theft by receiving is a:
(1) Class B felony if the value of the property is $2,500 or more;
(2) Class C felony if the value of the property is less than $2,500 but more than $500; or the property is a credit/debit card or account number; or the property is a firearm valued at less than $2,500;
(3) Class A misdemeanor if otherwise committed.
(§5-36-106. Theft by receiving)
What are the general state criminal laws for unlawful trespass?
A person commits criminal trespass if he or she purposely enters or remains in or upon the vehicle or the premises of another person. Criminal trespass is a Class B misdemeanor if the vehicle or premises involved is an occupiable structure [link to definition from §5-2-601: a vehicle, building, or other structure where any person lives or carries on a business or other calling; or where people assemble for a purpose of business, government, education, religion, entertainment, or public transportation; or that is customarily used for overnight accommodation of a person whether or not a person is actually present] or a Class C misdemeanor if otherwise committed.
(§ 5-39-203. Criminal trespass.)
What are the general state criminal laws for mischief?
A person is guilty of first degree criminal mischief if he or she purposefully and without legal justification destroys property of another, or his or her own property for the purpose of collecting insurance for the property. First degree criminal mischief is a Class C felony if the actual damage is $500 or more, or a Class A misdemeanor if otherwise committed.
(§5-38-203. Criminal mischief, first degree.)
A person is guilty of second degree criminal mischief if he or she recklessly destroys property of another person, or purposefully tampers with property of another person and such tampering causes substantial inconvenience. Second degree criminal mischief is a Class D felony if the actual damage is $2,500 or more, a Class A misdemeanor if the actual damage is $1,000 or more but less than $2,500, or a Class B misdemeanor if otherwise committed.
(§5-38-204. Criminal mischief, second degree.)
What are the general state criminal laws for damage to property?
See "mischief" laws, above (#15) and at § 5-38 of the Arkansas Code.
What are the general state criminal laws for hate crimes?
Arkansas does not have specific or explicit laws pertaining to hate crimes, however:
A person is guilty of defacing objects of public respect if he or she purposely defaces, mars, desecrates or damages any place of worship, cemetery, or burial monument, or removes a grave marker for any reason except for cleaning or repair. Defacing an object of public respect is:
a Class A Misdemeanor if the value of repairing or replacing the damage does not exceed $500;
a Class D felony if the value or repair does not exceed $500 and the damaged object is a cemetery or burial monument;
a Class D felony if the value of repairing or replacing the damage exceeds $500 but does not exceed $2,500;
a Class C felony if the value of repairing or replacing the damaged object exceeds $500 but does not exceed $2,500 and the object is a cemetery or burial monument;
a Class C felony if the value of repairing or replacing the damage exceeds $2,500;
a Class B felony if the value of repairing or replacing the damage exceeds $2,500 and the object is a cemetery or burial monument.
(§ 5-71-215. Defacing objects of public respect)
§ 5-71-207: Disorderly conduct includes damage of "patriotic or religious symbol" in a public place
§ 16-123-105: Provides civil action for damages and injunctive relief for deprivation of constitutional rights.
§ 16-123-106: Provides action for damages or injunctive relief for victims of intimidation, harassment, violence, or property damage "where such acts are motivated by racial, religious, or ethnic animosity."
Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
How is the excavation of historical and archaeological resources restricted in this state?
Excavation of historical or archeological resources on sites owned or controlled by the State of Arkansas is the exclusive right of the State of Arkansas. Once a site is designated as a state archeological landmark, the Arkansas Archeological Survey has exclusive permission to excavate. Excavation of historical or archeological resources on one's own private land is not explicitly restricted, but it is highly discouraged, and individuals encountering such resources are encouraged to contact the Arkansas Archeological Survey to properly conduct the excavation. (§13-6-301. Rights reserved.; §13-6-307. Digging up or removing artifact without permission—Penalty.)
How is the collection or removal of historic and archaeological resources restricted in this state?
Excavation and removal of historical or archeological resources on one's own private land is not explicitly restricted, but it is highly discouraged, and individuals encountering such resources are encouraged to contact the Arkansas Archeological Survey to properly conduct the excavation. (§13-6-301. Rights reserved.; §13-6-307. Digging up or removing artifact without permission—Penalty.)
All archeological artifacts collected from state archeological sites by the Arkansas Archeological Survey are the exclusive property of the state.
(§13-6-212. Records and objects deposited).
Otherwise, anyone who knowingly buys, sells, or barters human skeletal burial remains or their associated burial furniture is committing a Class D felony for a first offense and a Class C felony for subsequent offenses. Artifacts legally acquired prior to July 15, 1991 are exempted. Landowners or others acting with a landowner's permission
(§13-6-406. Trade or collection of remains)
Arkansas statute suggests that the purpose of the law is to increase the knowledge of Arkansas cultural history, so it would likely be interested in keeping collections of archeological artifacts within state power. However, no laws explicitly restrict an individual from excavating, collecting or removing historic or archaeological resources on his/her property.
What specific laws restrict the alienation or use of historic burial places?
Before condemning and taking for public burial purposes, a city or town must obtain the concurrence of 2/3 of the city (or town) council or 2/3 of the cemetery or burial association and persons owning land used for burial purposes.
(§18-15-1402. Consent requirements.)
Whenever any change is proposed regarding the interest or ownership of any perpetual care cemetery ("Perpetual care cemetery" means a cemetery for the benefit of which a permanent maintenance fund has been established in accordance with this subchapter.) the cemetery that holds the current permit and the proposed new owner shall file an application for the issuance of a new permit with the Arkansas Cemetery Board. The application must also meet the requirements of §20-17-1012, and include: a fee of $1500; a statement of changes, if any, of the map of the cemetery; a set of rules and regulations for the care and maintenance of the cemetery; the proposed method of continuing the permanent maintenance fund; a statement of the proposed transfer; a copy of the current title; a notarized statement from the seller and purchaser disclosing any current or future lien or mortgage on the land; a notarized statement that all paid-in-full burial spaces will be released from the lien or mortgage at least semiannually; a current accounting of all paid-in-full contracts or accounts, including the name, contact information, date, amount and description of contract, and location of the merchandise; notarized statement accounting for outstanding accounts receivable; a notarized statement from purchaser that it will assume responsibility; financial statements that reflect that the purchaser has a net worth of at least $20,000; any additional information required.
(§20-17-1012. Permit--Transfer of ownership)
Time Limits for Bringing Criminal Action
What time limits govern the initiation of a criminal action related to the protection of burials?
Criminal action related to a Class Y or a Class A felony must be brought within 6 years. Criminal action related to a Class B, Class C, Class D or an unclassified felony must be brought within 3 years. Criminal action related to a misdemeanor violation must be brought within 1 year.
Even if the statute of limitations has expired, prosecution may be commenced if the offense concealed involved felonious conduct in office by a public servant (link to definition from§5-1-102: ("Public servant" means any: (A) Officer or employee of this state or of any political subdivision of this state; (B) Person exercising a function of any officer or employee of this state or any political subdivision of this state; (C) (i) Person acting as an adviser, consultant, or otherwise in performing any governmental function. (ii) However, this subdivision (16)(C) does not include a witness; or (D) Person elected, appointed, or otherwise designated to become a public servant although not yet occupying that position] at any time within 5 years after he or she leaves public office or employment, or within 5 years after the offense is discovered or should reasonably have been discovered, whichever is sooner.
(§ 5-1-109. Statute of limitations.)
Time Limits for Bringing Civil Action
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?
Civil actions founded on contract, obligation, or involving trespass, or taking or injuring goods or chattels must be commenced within 3 years after the cause of action accrues.
(§16-56-105. Three year time period.)
What are the general criminal fines and penalties for misdemeanors and felonies in the state?
[§5-4-104. Punishment and sentences.] A defendant convicted of an offense other than a Class Y felony may be sentenced to any one (1) or more of the following, except as precluded by subsection (e) of this section:
(1) Imprisonment (authorized by §§ 5-4-401 — 5-4-404)
(A) Felonies:
(1) For a Class Y felony, not less than 10 years and not more than 40 years, or life;
(2) For a Class A felony, not less than 6 years nor more than 30 years;
(3) For a Class B felony, not less than 5 years nor more than 20 years;
(4) For a Class C felony, not less than 3 years nor more than 10 years;
(5) For a Class D felony, not exceeding 6 years; and
(6) For an unclassified felony, in accordance with a limitation of the statute defining the felony.
(B) Misdemeanors:
(1) For a Class A misdemeanor, not exceeding 1 year;
(2) For a Class B misdemeanor, not exceeding 90 days;
(3) For a Class C misdemeanor, not exceeding 30 days; and
(4) For an unclassified misdemeanor, in accordance with a limitation of the statute defining the misdemeanor.
(2) Probation (as authorized by §§ 5-4-301 — 5-4-311)
A court cannot suspend imprisonment or place a defendant on probation for: capital murder, treason, a Class felony, driving while intoxicated, murder in the second degree, or engaging in a continuing criminal enterprise. Additionally, the court cannot suspend imprisonment or place a defendant on probation if the defendant has previously been convicted of 2 or more felonies.
Aggravating factors: In making a determination as to suspension or probation, the court shall consider whether:
(1) There is undue risk that the defendant will commit another offense;
(2) The defendant is in need of correctional treatment that can be provided most effectively by an institution;
(3) Suspension or probation will discount the seriousness of the offense; or
(4) The defendant has the means available that compensation to the victim will not cause an unreasonable financial hardship and will be beneficial to the rehabilitation of the defendant.
Mitigating factors: The court considers the following grounds in favor of suspension or probation:
(1) The defendant's conduct neither caused nor threatened serious harm;
(2) The defendant did not contemplate that his or her conduct would cause or threaten serious harm;
(3) The defendant acted under strong provocation;
(4) There was ground to excuse/justify the defendant's conduct, though failing to establish a defense;
(5) The victim induced or facilitated the commission of the offense;
(6) The defendant has compensated or will compensate the victim for the damage the victim sustained;
(7) The defendant has no history of prior criminal activity or has led a law-abiding life for a substantial time before the commission of the offense;
(8) The defendant's conduct was the result of circumstances unlikely to recur;
(9) The character/attitude of the defendant indicate that he or she is unlikely to commit another offense;
(10) The defendant is particularly likely to respond affirmatively to suspension or probation;
(11) The imprisonment of the defendant would entail excessive hardship to the defendant or to a dependent of the defendant;
(12) The defendant is elderly or in poor health; or
(13) The defendant cooperated with law enforcement authorities in his or her own prosecution or in bringing another offender to justice.
(§5-4-303. Court, jury, fixing punishment.) Conditions of probation - The court shall attach to the probation such conditions as are reasonably necessary to assist the defendant in leading a law-abiding life and expressly provide condition that the defendant must not commit while under probation.
o As a condition of the suspension, the court may require that the defendant:
(1) Support his or her dependents and meet his or her family responsibilities;
(2) Work faithfully at suitable employment;
(3) Pursue a prescribed secular course of study or vocational training designed to equip him or her for suitable employment;
(4) Undergo available medical or psychiatric treatment and enter and remain in a specified institution when required for medical or psychiatric treatment;
(5) Participate in a community-based rehabilitative program or work-release program that meets the minimum state standards for certification and for which the court may impose a reasonable fee or assessment on the defendant to be used in support of the community-based rehabilitative program or work-release program;
(6) Refrain from frequenting an unlawful or designated place or consorting with a designated person;
(7) Have no firearm in his or her possession;
(8) Make restitution to an aggrieved party in an amount the defendant can afford to pay for the actual loss or damage caused by his or her offense;
(9) Post a bond, with or without surety, conditioned on the performance of a prescribed condition; and
(10) Satisfy any other condition reasonably related to the rehabilitation of the defendant and not unduly restrictive of his or her liberty or incompatible with his or her freedom of conscience.
o As a condition of its order the court may require that the defendant:
(1) Report as directed to the court or the probation officer and permit the probation officer to visit the defendant at the defendant's place of employment or elsewhere;
(2) Remain within the jurisdiction of the court unless granted permission to leave by the court or the probation officer; and
(3) Answer any reasonable inquiry by the court or the probation officer and promptly notify the court or probation officer of any change in address or employment.
(3) Payment of a fine as authorized by §§ 5-4-201 — 5-4-203;
A defendant convicted of a Class A or Class B felony may be sentenced to pay a fine not exceeding $15,000
A defendant convicted of a Class C or Class D felony may be sentenced to pay a fine not exceeding $10,000
A defendant convicted of a Class A misdemeanor may be sentenced to pay a fine not exceeding $2,500
A defendant convicted of a Class B misdemeanor may be sentenced to pay a fine not exceeding $1,000
A defendant convicted of a Class C misdemeanor may be sentenced to pay a fine not exceeding $500
A defendant convicted of a violation as defined by the Arkansas Criminal Code (or AK statute enacted after 1/1/1976 that does not stipulate a different limitation) may be sentenced to pay a fine not to exceed $100
If a defendant has derived a pecuniary gain (defined in this section as the amount of money or the value of property derived from the commission of the offense, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to a lawful authority prior to the time sentence is imposed) from the commission of an offense, the defendant may be sentenced to pay a fine not exceeding 2 times the amount of the pecuniary gain.
(4) Restitution as authorized by a provision of § 5-4-205; or
Compensating the victim of the crime for the actual economic loss suffered as a result of the offense. If the victim suffers bodily injury, restitution may include medical expenses, physical or occupational therapy, loss of income (not to exceed $50,000), or funeral expenses (in case of death). If the victim has not suffered bodily injury, restitution may include lost income.
(5) Imprisonment and payment of a fine.
What are the class designations for misdemeanors and felonies in the state?
Felonies: Class Y; Class A; Class B; Class C; Class D
Misdemeanors: Class A; Class B; Class C
Civil or Administrative
What are the civil sanctions related to burial protection in the state?
The State Board of Embalmers and Funeral Directors may petition the court to enjoin violations of embalmers and funeral directors (per §§17-29-201 et seq. and 17-29-301 et. seq. or other board regulations).
(§17-29-402. Petition to enjoin violations)
Once a hearing (Arkansas Administrative Procedure) determines that a person has violated a law governing Embalmers and Funeral Directors (§17-29-201 et. seq. and §17-29-301 et. seq.), the State Board of Embalmers and Funeral Directors may impose a civil penalty not to exceed $10,000. If a person fails to pay such a penalty, the board may file an action in the Circuit Court of Pulaski County to collect the civil penalty. If the board prevails, the defendant shall be directed to pay, in addition to the civil penalty, reasonable attorney's fees and costs. If a licensee has committed malpractice, the board may suspend or revoke the license or impose a civil penalty or both.
(§17-29-403. Violations; civil penalty)
Any person charged with a civil penalty by the State Board of Embalmers and Funeral Directors may appeal such a decision as described in the Arkansas Administrative Procedure Act, §25-15-201.
(§17-29-404. Appeals from administrative decisions)
Any person practicing the science of embalming, engaging in the business of funeral directing, or operating a funeral establishment without a license (per §§ 17-29-201 et seq. and 17-29-301 et seq.) shall be guilty of a Class A misdemeanor and subject to the punishment as dictated by the Arkansas Criminal Code.
(§17-29-401. Violations of provisions; punishment)
What are the administrative sanctions related to burial protection in the state?
Anyone guilty of a violation or conviction of the laws related to obtaining or transferring a cemetery permit is liable for a fine of not less than $100 but not more than $500.
Any person, firm, association, co-partnership, corporation, company or other organization guilty of organizing, operating, or soliciting members for a Burial Association outside the given rules of establishing a Burial Association is guilty of Class A Misdemeanor.
(§23-78-104. Penalty.)
Embalmers and Funeral Directors guilty of violating regulations of the State Board of Embalmers and Funeral Directors may have their license refused, suspended or revoked.
(§17-29-311. Unlawful activities.)
Preservation of Burials and Compliance Therewith
Laws Related to Preservation of Burials
How are the future interests in property involving burials subject to the rule against perpetuities?
No rule against perpetuities shall apply to property or funds set aside or trust created for the perpetual care of burial lots in cemeteries.
(§20-17-904. Perpetual care trust)
How can the state exercise eminent domain over a cemetery or historic property?
Eminent Domain over Cemetery Land: The state can exercise eminent domain over a cemetery if the land is being used for a waterworks system or water supply for the municipality. The power to condemn a cemetery for these purposes extends to all cemeteries except those owned by the government.
(§18-15-301. Municipal corporations--Power to condemn generally)
The compensation and damages should include a reasonable cost of a new site of at least equal size, that can be approved by the State Board of Health and by the circuit court in which the condemnation proceedings are instituted. The municipality condemning the cemetery is required, at its own expense, to remove all bodies, tombstones, grave markers and properly reset them in the new site. When bodies are removed to another cemetery, a surviving spouse (or next of kin) is not prevented from removing the body to another cemetery, and the municipality pays the reasonable cost thereof, if demanded. If any public utility facility is flooded by an impounding lake created for a waterworks system, the lines may be condemned and the award of compensation shall include the reasonable cost of relocating the public utility facility.
(§ 18-15-302. Compensation for certain condemnations)
The rights of the public to cemetery property shall be the nature of adverse possession. If a cemetery on private land has been open to the public for at least 50 years, then the cemetery shall be deemed public property unless: 1) the property has been enclosed by the landowner for at least a year prior to an order for the county to manage and care for the cemetery, or 2) the cemetery has been operated by the landowner for at least a year prior to an order for the county to manage and care for the cemetery.
If the quorum court determines that the cemetery is public property, it may issue an order providing for the management and care of the cemetery. Notice to the landowner shall be by certified mail. No person or his heirs shall have, sue, or maintain suit for any cemetery lands more than 6 months after the person receives the notice required.
(§ 18-15-1408. Cemeteries deemed public property)
Eminent Domain to take and use for Burial Purposes: All first class cities, second class cities, incorporated towns, cemetery or burial associations and persons owning land for public burial purposes are granted the right of eminent domain to condemn, take and use land for public burial purposes. The power of eminent domain may also be used to acquire land for the burial of veterans and their dependents, and the land may be transferred to the Department of Veteran Affairs for use as a cemetery for veterans of the United States and their dependents. All entities granted the power of eminent domain may accept donations from individuals for the purpose of compensating landowners for property acquired by eminent domain.
(§18-15-1401. Cities and towns—Authorization)
How are conservation and preservation easements created in this state?
A conservation easement (link to definition from §15-20-402: a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include retaining or protecting natural, scenic, or open-space values of real property; assuring its availability for agricultural, forest, recreational, or open-space use; protecting natural resources; maintaining or enhancing air or water quality; or preserving the historical, architectural, archeological, or cultural aspects of real property) may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
(§15-20-404. Establishment, transfer, etc.)
It is unlimited in duration unless provided otherwise.
(§15-20-406. Acceptance and recordation)
A conservation easement may be created by the Old State House Commission (formerly known as the Arkansas Commemorative Commission) if it is in the public interest. The Old State House Commission will take into consideration any national, state, regional and local land use development affecting the historical, architectural, archeological or cultural aspects of the real property. Such an easement may be modified or released, in whole or in part, by the Old State House Commission and may be disposed of after a public hearing.
(§15-20-410. Easements held by Old State House Commission)
How does the state create authorized rights-of-way through cemetery property?
To prevent the destruction or damage of archeological materials and antiquities, the University of Arkansas is granted full authority to survey and excavate archeological sites or to contract this power to agencies relative to these matters. The State Highway Commission is authorized to enter into appropriate contracts with the university and the Federal Highway Administration to expend funds (federal and state) in aid of archeological salvage and archeological preservation of all or any parts of the lands and rights-of-way so that archeological materials and antiquities be preserved.
(§13-6-210. Salvage work)
How are the transfer of cemetery lots and the disposition of cemetery land regulated?
Whenever a change of ownership of a cemetery is proposed, the current owner shall file an application for the issuance of a new permit with the Arkansas Cemetery Board, which shall include:
a) a fee of $1,500; b) a statement of changes in the survey and map of the cemetery; c) a set of rules and regulations regarding the use, care and management of the cemetery; d) the proposed method of continuing the permanent maintenance fund; e) a statement of the proposed transfer; f) a copy of the current title that reflects that the current title owner has a good and merchantable title to the land; g) a notarized statement disclosing any current or future lien or mortgage on the land; h) a notarized statement from any lienholder or mortgage holder on the land that all paid-in-full burial spaces will be released from the lien or mortgage at least semiannually; i) a detailed accounting of all paid-in-full merchandise contracts for which merchandise has not been delivered, including the name of purchaser, the contract or account number, the date of the contract, the gross amount of the contract, a description of the merchandise, the date the contract was paid in full and the location where the merchandise is stored; j) a notarized statement from the permit holder that the application contains a complete accounting of all his or her outstanding accounts receivable, discounted notes, paid-in-full merchandise or contracts for which the merchandise has not been delivered; k) a current notarized statement from the purchaser that it will assume responsibility for all accounts; l) the financial statements of the applicant and purchaser which reflect that he/she has a minimum net worth of $20,000; m) any additional information required by the board or Securities Commissioner.
The board may waive all or part of an application requirement if the purchaser is a state, city or municipal government or a 501(c)(3) nonprofit organization. Prior to the sale or transfer, the vendor shall notify the board of the proposed sale/transfer to demonstrate that the transferor is not indebted to the permanent maintenance fund. The cemetery company that has been issued a permit to operate shall remain liable for maintenance and care of the cemetery and all amounts due to the maintenance fund until a new permit is issued to the vendee or transferee. No new permit shall be issued until that vendee or transferee complies with this law and the board orders a new permit to be issued. Any vendor, transferor, vendee or transferee who violates this law is guilty of a violation and shall be fined not less than $100 and not more than $500.
How will the state regulate or sell unsuitable or condemned cemetery property?
In condemning a cemetery, the municipality is required to, at its own expense, remove all bodies and markers from the original site and reinter the bodies and properly reset the markers in the new site
(§18-15-302. Compensation for certain condemnations)
What is the procedure for abandoning burial grounds or cemetery lots?
Cities of the first and second class and incorporated towns have the power to prohibit burial of the dead within their limits. Where old and abandoned burial grounds which are no longer kept up or used as such are situated within the limits of any such city or incorporated town, it may require persons having dead buried therein to cause them (within a reasonable time) to be removed and buried beyond the limits of the city or incorporated town. If the bodies are not removed within the time specified by the ordinance, the city or town may itself have the remains of all such persons as can be found removed and buried. It may then (but not before) vacate the cemetery or burial ground and declare that it is no longer a cemetery exclusively used as such. Thereafter, the property will be subject to taxation like any other property.
(§14-54-803. Burials; certain cities)
Disposition of abandoned cemetery lots - When at least 75 years has passed since any portion of a cemetery lot has been used for burial, the governing body of the county or municipality where the cemetery is located may commence proceedings for the termination and forfeiture of the rights of the owner of the cemetery lot ("lot" is defined in this section as: any lot or portion of a lot in a cemetery owned by a county or municipality which has not been used for the interment of human remains and for which no provision for perpetual care was made at the time the lot was sold or at any time subsequent to the time the lot was sold.)
The proceeding shall commence by filing with the clerk of the circuit court a petition that: identifies the lot (or lots), states that the lot has not been used for burying human remains and that it contains no remains, that the present owner is unknown (including an affidavit stating such), that 75 years has passed since any portion of the lot was used for burial purposes, requests that the court issue an order declaring the lot abandoned and terminate the rights and interests of the owner.
The clerk shall fix a time for a hearing on the petition between 30 and 90 days after the filing. The municipality or county shall give notice of the hearing by posting copies of the notice in conspicuous places in the cemetery, by mailing a copy of the notice by registered mail to the last known owner of the lot, and by publishing the notice once a week for 3 successive weeks in some newspaper in general circulation in the area where the lot is located not less than 30 days before the hearing. The notice shall identify the lot and state the name and address of the last known owner of the lot, that a hearing will be held to determine whether the right and interest in the lot will be terminated due to abandonment, and the time and place of the hearing.
Upon hearing that the present owner is unknown, and the county or municipality have made a diligent search to locate the owner, and that 75 years or more have passed since the lot has been used for human burial and contains no remains, the court may issue a decree adjudicating the lot abandoned and ordering the termination and forfeiture of all rights and interests of the owner. The court shall dismiss the proceeding if: any of the material facts in the petition are not true, the identity of the present owner is known, or the governing body has not made a diligent search to locate the present owner.
Upon order by the court that the lot is abandoned, full title shall revert to the cemetery. The order shall not become final until one year after the court's declaration. During that time, any person may petition the court to reopen the proceeding to hear additional evidence regarding the ownership of the lot.
Within 30 days after the court's order is entered, the governing body shall publish notice of the order one time in a local newspaper where the cemetery is located and by mailing a copy of the order by registered mail to the last known owner of the lot.
Once the court order becomes final, the cemetery shall be the owner of the lot and may resell or otherwise recover it. Proceeds derived from the sale of the lot shall be used to reimburse the petitioner for the costs of the suit, including necessary expenses and attorney's fees incurred by the petitioner. Not less than 75% of the remainder of the proceeds shall be held in trust to be used for the expenses of the administration, maintenance, restoration, preservation and other improvements to the cemetery. Any remaining amount shall be used for the immediate improvement and maintenance of the cemetery.
No existing monument, retaining wall, fence, bench or ornamentation shall be altered or removed by petitioner, his agent or employee, or any subsequent owner of any lot reclaimed and sold. (§20-17-906. Abandoned cemetery disposition)
What is the procedure for removing or replacing headstones?
It is unlawful to remove a grave marker for any reason except for cleaning or repair by a family member, caretaker, or preservation organization. Such removal is considered defacing an object of public respect, and is a Class D felony if the cost to repair or replace the damaged grave marker is less than $500. If the cost to repair or replace the damaged grave marker is more than $500 but less than $2,500, it is a Class C felony. If the cost to repair or replace the damaged grave marker is more than $2,500, it is a Class B felony.
(§ 5-71-215. Defacing objects of public respect.)
How will the state preserve historical or archaeological resources including human remains, burial places, and funerary objects threatened by public construction or public works?
(§13-6-210. Salvage work.)
A municipal waterworks system shall file a notice of intent to condemn where a cemetery or graves are situated if the land will be flooded by an impounding lake, the water level of the lake will affect graves underground, the lake will be contaminated by the graves or the land will be useful for waterworks purposes. The notice of intent shall be filed in the circuit court of the county and shall take the place of an application to condemn. The owner of the cemetery and the next of kin of any person buried in the cemetery or in the graves shall be entitled to appear in the proceeding and object to the proposed location and suggest other locations. After judgment has been entered, vesting title to the municipality, the municipality, at its own expense, shall be required to remove all bodies, tombstones, and markers from the site of the original graves and to reinter the bodies in the new site, properly resetting tombstones and markers, if any, at the new site. The municipality is required to ensure that the new site is of equal quality to the previous site (erect fences, pave roadways, etc.).
(§18-15-408. Flooded cemeteries or graves)
What are the procedures for excavating/removing remains/archaeological resources on public lands?
The State of Arkansas reserves the exclusive right of field archeology on sites owned or controlled by the state. All information and objects deriving from state lands shall be utilized for scientific or educational purposes and shall remain property of the state.
(§13-6-301. Rights reserved.)
When artifacts are found on public land, the person or agency is urged to contact the survey of the discovery and location of such site or artifacts.
(§13-6-304. State and local cooperation)
All human burials and human skeletal remains should be treated with respect for human dignity without reference to the ethnic origin, cultural background, religious affiliation or date of burial. (§13-6-401. State and local cooperation)
Because the public has a right to the knowledge to be derived from the scientific study of human skeletal burial remains and burial furniture, the investigation, excavation, removal and analysis of such remains and furniture is authorized by the State Archeologist and the State Historic Preservation Officer, but must be carried out with the consent of the landowner and in consultation with the appropriate tribe, if identifiable, and under the direction of government archeologists.
(§13-6-403. State Plan)
Exhumed remains will be conveyed to a descendant, church, or Native American tribal group recognized by the U.S. Government if he/she/they can prove written or scientific documentation of such descent or affiliation. Scientific studies may be undertaken with consent of such descendants, churches or tribal groups.
(§13-6-404. Exhumed remains; conveyance)
What are the procedures for excavating/removing remains/archaeological resources on private lands?
Field archeology on privately owned lands is discouraged, and persons having knowledge of the location of an archeological site are encouraged to communicate such information to the Arkansas Archeological Survey.
(§13-6-301. Rights reserved)
The Arkansas general assembly included an Emergency Clause in Feb. 1967 which indicated that the Act was intended to protect valuable archeological materials, sites, mounds and relics from through thoughtless destruction, neglect and desecration. It is for that purpose that Arkansas Archeological Survey was created, to preserve, protect, excavate and evaluate artifacts and archeological sites and increase the available knowledge about prior cultures in Arkansas.
(History preceding §13-6-301)
It is unlawful to dig up an artifact from private land without the owner's permission. If the value of all artifacts dug up or the cost to restore or repair the owner's property is greater than $1000, the punishment of such an offense is a Class D felony for the first offense and a Class C felony for a subsequent offense. If the value of all artifacts dug up or the cost to restore or repair the owner's property is less than $1000, the punishment for such an offense is a Class B misdemeanor for the first offense and a Class A misdemeanor for a subsequent offense.
It is unlawful to remove an artifact from private land without the owner's permission. Such violation is a Class C misdemeanor for the first offense and a Class B misdemeanor for a subsequent offense.
(§13-6-307. Digging up or removing artifact without permission—Penalty.)
The Board of Trustees of the University of Arkansas and the respective boards of Arkansas Tech University and University of Central Arkansas ("state colleges") have the right and power of eminent domain to condemn property whenever and wherever the acquisition of the property is necessary for use of the institutions.
Before this right is exercised, the board of trustees shall exercise every reasonable effort to obtain the property in question at a reasonable price by negotiation. The power of eminent domain shall not be applicable to the acquisition of lands for Agricultural Experiment Stations of the University of Arkansas except in the county in which the main campus of the University of Arkansas is located.
Before any suit shall be instituted, the board of trustees must pass a resolution outlining the property sought to be condemned and the use and benefit of the property to the institution and the names of the owners, if known.
It shall be no objection to the exercise of the power of eminent domain that the property being condemned is a cemetery, provided that the purpose for which the cemetery is being taken is for buildings, facilities, grounds or other purposes necessary for the use and benefit of the public institution.
(§ 6-62-201. Necessity of property condemnation)
What are the procedures for discoveries of human remains and artifacts of cultural significance?
Exhumed human burial remains will be conveyed to a descendant, church, or Native American tribal group recognized by the U.S. Government if he/she/they can prove written or scientific documentation of such descent or affiliation. Scientific studies may be undertaken with consent of such descendants, churches or tribal groups.
(§13-6-404.Exhumed remains; conveyance).
If human skeletal burial remains are not claimed, the Arkansas Archeological Survey or a state-supported museum may serve as a depository for such skeletal remains as are required for scientific purposes. Otherwise, skeletal burial remains shall be disposed of in accordance with existing laws, rules and regulations for disposing of human remains.
(§13-6-405. Unclaimed remains; disposition)
However, anyone who knowingly displays human skeletal burial remains for profit or to aid and abet a commercial enterprise is committing a Class C felony; each day of display constitutes a separate offense.
(§13-6-407. Display of remains).
All artifacts, fossils, relics and other personal property discovered or acquired in pursuance of the Arkansas Archeological Survey shall be the property of the State of Arkansas, held in trust by the University of Arkansas. The University shall make these items available for scientific use or public display. However, complete authority is granted to exchange and barter such items for other items deemed of equal value with persons, nonprofit organizations and agencies both within and without Arkansas, so that collections may be assembled and study and analysis may be enhanced.
(§13-6-213. Personal property; acquisition, etc.).
The Director of the Arkansas Archeological Survey holds title and has primary responsibility for all archeological objects obtained through the survey, and as such, may approve and permit the loan of such objects to a state museum, to educational or scientific organizations, or to other institutions for research or public education.
(§13-6-214. Responsibility.)
What are the procedures for the disposition of human remains and funerary artifacts?
All archeological objects found through the efforts of the Arkansas Archeological Survey shall be deposited at the University of Arkansas Museum. Archeological objects obtained by Survey archeologists while under contract to a cooperating institution, upon request of the cooperating institution, may be assigned to the custody of the institution if appropriate and adequate safeguards are provided.
(§ 13-6-212. Records and objects deposited.)
What are the procedures for the removal and re-interment of human remains from cemeteries?
How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
We were unable to find a specific answer to this question at this time.
Vehicles and Cemeteries Generally: Motor vehicles may be excluded from cemetery or burial grounds by the authorities responsible for such cemetery or grounds.
(§27-14-702. Satisfaction of license requirement)
Power of State Colleges re: Eminent Domain: The Board of Trustees of the University of Arkansas and the respective boards of Arkansas Tech University and University of Central Arkansas ("state colleges") have the right and power of eminent domain to condemn property whenever and wherever the acquisition of the property is necessary for use of the institutions.
How does the state identify, preserve, and control Native American sacred sites?
Only two Native American sites in Arkansas are identified and preserved by the Arkansas State Park Service and used as an archeological research station.
1) Toltec Mounds Archeological State Park
A National Historic Landmark, the Toltec Mounds site comprises one of the largest and most impressive archeological sites in the Lower Mississippi River Valley. Preserved here are Arkansas's tallest American Indian mounds. Three mounds remain where 18 once stood surrounded by an earthen embankment eight to ten feet in height, a portion of which is still visible today. These ancient earthworks are the remains of the ceremonial and governmental complex which was inhabited here from A.D. 600 to 1150.
The archeological site/research station is cooperatively managed by Arkansas State Parks and the Arkansas Archeological Survey. The Toltec Research Station of the Arkansas Archeological Survey, a unit of the University of Arkansas system, and its laboratory are housed in the park visitor center. Toltec Mounds Archeological State Park is one of Arkansas's two archeological sites cooperatively managed by Arkansas State Parks and the Arkansas Archeological Survey as both a state park and an archeological research station. The other is Parkin Archeological State Park at Parkin. [http://www.arkansasstateparks.com/park-finder/parks.aspx?id=24. Accessed 6/15/10]
2) Parkin Archeological State Park
Native American site dating back to 1000 AD; tours to ongoing excavations July-October, audio-visual show, exhibits and paved trail and picnic area; special programs available with prior request. Just added to the park is the restored Northern Ohio School that was built on the northern boundary of the Native American village site around 1910 by the Northern Ohio Cooperage and Lumber Company for black mill workers' children. It offers a new level of cultural interpretation begin at the historic site. [http://www.arkansas.com/things-to-do/history-heritage/select.aspx?region=2&ID=42. Accessed 6/15/10]
Hampson Archeological Museum State Park is also run by the Arkansas State Park service, but does not feature an archeological research station:
Hampson Archeological Museum provides visitors a glimpse into the lives of Nodena Native Americans, which thrived along the banks of the Mississippi River in Arkansas from 1400 to 1650 A.D. Hampson's exhibits feature artifacts collected from the site as well as interpretive displays. [http://www.arkansas.com/things-to-do/history-heritage/select.aspx?region=2&ID=48. Accessed 6/15/10]
How does the state preserve historical land from surface mining?
It is unlawful for any corporation, company or individual to mine, extract or remove coal from under a cemetery, graveyard, or burying place, or mine, extract or remove coal from within 25 feet for the boundary of any cemetery, graveyard or buying place. It is unlawful to make, place, or drive any slope into, under, through or across any cemetery, graveyard or burying place. Any corporation, company, or individual violating this provision is guilty of a Class D felony.
(§5-39-211. Cemeteries--Mining and other unlawful entries)
What are the procedures from the exploration of submerged graves and underwater sites?
All submerged lands discovered in navigable waterways in the state, including in the beds, channels, chutes, and adjoining areas of rivers, lakes, and streams, are considered state domain. (§22-6-201. Purpose and intent.)
Because the land is considered property of the state, the state, via the Arkansas Archeological Survey, has exclusive permission to excavate.
What are the procedures for transferring land and property containing historic or cultural resources?
Listing a privately owned property in the State Register of Historic Places will not violate or abridge the owner's right to transfer the property.
(§13-7-109. State Register of Historic Places)
What public health regulations exist for the removal and burial of human remains?
Burial of Human Remains: Upon applying to the Arkansas Cemetery Board for a permit for a new cemetery, the Department of Health will investigate the proposed cemetery location to determine if the location is sanitary. The department will take into consideration the proximity of the cemetery to human habitation, the nature of the soil, the drainage of the ground, the danger of pollution of springs or streams of water, and any other conditions concerning whether the location will be sanitary.
(§20-17-1009. Investigation by Department of Health)
How is environmental impact measured for historical and archaeological resources?
Environmental impact is considered during community development and redevelopment
(See § 14-168-301. Definitions., § 14-175-103. Definitions).
Additionally, Arkansas is involved in a compact agreement with Oklahoma, Texas and Louisiana to protect the Red River Basin from pollution and other adverse environmental impacts.
(§ 15-23-501. Contents; Red River Compact §11.01)
Arkansas further regulates the environmental impact of certain actions by requiring environmental impact statements by the Arkansas State Game and Fish Commission and public hearings by the Arkansas Natural Heritage Commission before any timber on lands belonging to the Arkansas State Game and Fish Commission is cut.
(§15-41-108. Timber cutting.)
Arkansas also requires an environmental impact analysis prior to construction related to any activity involving ionized radiation, radioactive material or radioactive wastes.
(§ 20-21-222. Agency activities generally)
Arkansas also recognizes the importance of sustainability, and encourages improved building practices with respect to state-funded projects, particularly those that have a significant impact on the environment.
(§22-3-1802. Findings and purpose.)
Activities Affecting Burials which Require State or Local Government Compliance
What activities affecting burials require state or local government compliance?
Municipal corporations have the power to regulate burials, provide places for interment of the dead, prevent interment within certain limits, and impose proper fines and penalties. Additionally, municipal corporations have the power to cause any body to be taken up and reinterred elsewhere, outside the municipality.
(§14-54-802. Burials; general provision)
Funeral Directors and Embalmers must abide by rules and regulations related to licensing and practice (See generally §17-29-301.Requirements for embalmers, et seq.)
Violations of such rules and regulations may result in criminal action (§17-29-401. Violations of provisions; punishment) or civil action (§17-29-403. Violations; civil penalty).
Rules, Regulations, and Ordinances Governing Burial-Related Activities
What state regulations relate to non-governmental burial-related activities?
What local regulations relate to non-governmental burial-related activities?
Municipal corporations have the power to: regulate the burial of the dead; provide places for the interment of the dead; prevent any such interment within any such limits, except in public burying grounds previously established. Municipal corporations may not only impose proper fines and penalties but also have the power to cause any body interred contrary to this prohibition to be taken up and buried outside the limits of the municipality.
Authorities Empowered to Make Decisions Affecting Burials
How is a cemetery association formed in this state?
The Arkansas Cemetery Board consists of 7 members: The Securities Commissioner and six members appointed by the Governor for 4 year terms: Four of the six members appointed by the Governor shall be owners or operators of licensed cemeteries; one member shall be appointed by the Governor and be a citizen of Arkansas, in good character, but without interest in a cemetery or funeral home within or without Arkansas; one member shall be appointed by the state at large, subject to confirmation by the Senate and be 60 years old or older, representing the elderly. He/she shall not be engaged in or retired from any cemetery/funeral profession or occupation regulated by the board. Members serve without pay.
(§20-17-1004. Arkansas Cemetery Board; establishment; membership)
A cemetery advisory board shall be composed of seven (7) members appointed by the Governor as follows: 3 members shall be owners of lots in the cemetery or have demonstrated an interest in the preservation of the cemetery; 3 members shall be owners or operators of a licensed cemetery or funeral home in this state; and 1 member shall be a person actively engaged, by profession or as a volunteer, in activities promoting the historic preservation of cemeteries in the local community. Members serve for 3 years and shall serve until their successors are appointed and qualified. 3 members serve a term of 1 year, 2 members serve a term of 2 years and 2 members serve a term of 3 years. Members shall biennially elect a chair, vice chair and a secretary from the membership. A cemetery advisory board may: (1) Establish itself as a section 501(c)(3) corporation; (2) Raise private funds for the benefit of the cemetery general fund and the permanent maintenance fund; (3) Recruit volunteers; and (4) Advise the Arkansas Cemetery Board and the municipality or county where the cemetery is located concerning long-term goals and plans for efficient cemetery operation and beautification.
(§20-17-1029. Cemetery advisory boards--Membership--Organization--Authority)
Who has the right to conduct archaeological field excavations?
The Arkansas Archeological Survey should conduct archaeological field excavations on public land. The statute discourages individuals from excavating on private lands, however does not specifically bar it.
(§13-6-213. Personal property; acquisition, etc.; §13-6-214. Responsibility.)
Who has custody rights of discovered human remains?
If the remains are discovered on public land and/or exhumed by the Arkansas Archeological Survey, the State of Arkansas (via the Arkansas Archeological Survey) has exclusive rights. (§13-6-214. Responsibility)
Who has the ownership rights of archeological specimens or objects of cultural significance?
All artifacts, fossils, relics and other personal property discovered or acquired in pursuance of the Arkansas Archeological Survey shall be the property of the State of Arkansas, held in trust by the University of Arkansas. The University shall make these items available for scientific use or public display. However, complete authority is granted to exchange and barter such items for other items deemed of equal value with persons, nonprofit organizations and agencies both within and without Arkansas, so that collections may be assembled and study and analysis may be enhanced. (§13-6-213. Personal property; acquisition, etc.).
What rights do nonresident of the state maintain?
Arkansas does not specifically give or restrict burial decision-making from nonresidents.
What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
We were unable to locate an answer to this question at this time.
Who has dominion and control of state historic and archaeological resources?
The President of the University of Arkansas system is designated agent of the State of Arkansas for the purpose of conducting a program of archeological research.
(§13-6-201. Establishment of program)
The President is authorized to accept grants, bequests, devises, gifts and donations for a state program in archeological research and to expend them to that end. The president has full power to accept and hold title to interests in land for those purposes, and is empowered to make a reasonable charge for publications and expend the proceeds for this program.
(§13-6-211. Grants, bequests, etc.)
Who sits on the state historical commission, and how long are these members appointed?
Arkansas History Commission: composed of seven members appointed by the Governor with the approval of the State Senate. Members serve seven-year terms staggered so that one expires each January. Members may be appointed for additional terms.
[http://www.ark-ives.com/about/history.asp accessed 5/20/10]
Who sits on the state historic preservation board and for how long?
The Arkansas Historical Records Advisory Board (AHRAB) assists public and private non-profit organizations throughout the state in the acquisition, preservation, and use of records with enduring value, and fosters cooperation in carrying out these activities. The AHRAB also receives, reviews, and makes recommendations on all grant applications to fund historical records projects in Arkansas through the National Historical Publications and Records Commission (NHPRC), the grantmaking affiliate of the National Archives and Records Administration. The NHPRC "supports a wide range of activities to preserve, publish, and encourage the use of documentary sources, created in every medium ranging from quill pen to computer, relating to the history of the United States."
Governor Mike Huckabee designated Dr. Wendy Richter, State Historian and Director of the Arkansas History Commission, to serve as state records coordinator and chairman of the AHRAB. The seven member board of the Arkansas History Commission, which is appointed by the governor, also serves as the AHRAB. The AHRAB meets quarterly, normally on the first Thursday of March, June, September and December.
[http://www.ark-ives.com/about/ahrab.asp accessed 5/20/10]
Scope of Authority
What powers and responsibilities are delegated to cemetery associations in this state?
A cemetery advisory board may: (1) Establish itself as a section 501(c)(3) corporation; (2) Raise private funds for the benefit of the cemetery general fund and the permanent maintenance fund; (3) Recruit volunteers; and (4) Advise the Arkansas Cemetery Board and the municipality or county where the cemetery is located concerning long-term goals and plans for efficient cemetery operation and beautification.
How are cemetery sales records to be kept?
All cemetery companies shall keep records indicating they have made required contributions to the permanent maintenance fund. All sales contracts and deeds issued by the company shall be numbered prior to when they are executed by the company and shall contain those items that the board prescribes.
(§20-17-1022. Recordkeeping requirements; accounts)
Within 60 days after the end of each calendar year, each cemetery company shall file with the Arkansas Cemetery Board a report of its condition. The report shall contain: the name and location of the cemetery, the name of the person in charge of the records, the phone number of the company; the amount of sales of cemetery lots, graves, spaces, mausoleums, crypts for which payment has been made in full and certificates or deeds of conveyance; amounts paid into the permanent maintenance fund and the income received from the fund during the preceding calendar or fiscal year; names and addresses of the owners of the cemetery or the officers and directors of the company, stating any change of control which has occurred. The report shall be accompanied by: a filing fee of $325, a fee of $7 for each burial sale contract entered into after 7/1/2005.
(§20-17-1023. Reports; filing fee; annual permit)
What power does the state have to acquire/purchase property of historic or archaeological significance?
The Arkansas Historic Preservation Program may accept property donated to it, and may donate or sell property as it deems in the best interest of the date. The proceeds from such sales are deposited into a financial institution for use to the operation of the program.
(§13-7-507. Loan program; donations or sale of property)
How does the state manage park and historical sites?
After appropriation by the city council, any city may create a commission for the purpose of operating and managing a park within the municipality. The commissioners appointed will have full authority to build, manage, operate and maintain any municipal buildings necessary to carry on the park. The commissioners shall also have full and complete charge of the buildings and grounds, including the right to permit or refuse to permit public gatherings or meetings as they see fit and deem to be in the best interest of the city. Commissioners have the right to employ janitors and other employees, and have the exclusive right to purchase all supplies necessary for the management and operation of the park. Commissioners have the authority to enter into contracts for use of the park buildings.
(§14-269-201. Commission; establishment by certain cities; §14-269-203. Commissioners; authorities and rights)
What are the powers of municipal and county governments regarding park and historical sites?
The commissioners shall adopt such rules and regulations as they may deem necessary for the proper operation and management of the municipal recreational park, and they shall have the authority to change or amend the rules and regulations at their discretion.
(§14-269-204. Commissioners; rules and regulations; adoption)
How do county and municipal governments oversee cemetery property?
County judges of the several county governments are authorized to improve and maintain any roads across public or private lands used for access to a cemetery (defined in this section as: any burying place for the dead, a burial plot, a graveyard, or any land, public or private, dedicated and used for the interment of human remains which includes at least six (6) grave markers.). Such roads shall be constructed to a standard and nature to permit their use by cars.
(§14-14-812. Cemetery access roads)
What are the powers and duties of the state historical commission?
Purpose: The Arkansas History Commission is charged with: keeping and caring for official state archives; collecting materials bearing on the history of Arkansas; copying and editing official records and historic materials; encouraging historical work and research.
(§13-3-101. Creation--Purpose)
Power and Duties: The Arkansas History Commission shall maintain all records, papers, archives and historic material of the state, as well as: receive, classify and preserve copies of all archives of Arkansas which come into the commission's custody either temporarily or permanently; collect, classify and preserve (by making copies of) all records, manuscripts, maps, diaries, letters, war service records, journals, and papers of historical value to Arkansas and Arkansans; select and publish any state papers as appropriate and as funds permit; build and maintain a reference library of source material on Arkansas history; establish and maintain any permanent or temporary displays of historic relics and other articles and objects of historic interest; ascertain the location of battlefields within the state which should be marked by suitable markers and acquire approval from the owners of the land to place such markers on the land. The Historic Commission has the authority to: adopt and use a seal; destroy, exchange or otherwise dispose of any materials in its possession; make reasonable charges for furnishing copies of its material; receive and expend money from grants, contributions or gratuities, receive bequests or donations of real or personal property, and convert such property into money; cooperate with historical associations and other nonprofit organizations in the state; contract and be contracted with.
(§13-3-104. Authorities.)
How does the state historical commission register or include historical property?
"Historic property" means any building, structure, object, district, area, or site that is significant in the history, architecture, archeology, or culture of this state, its communities, or the nation. (§13-7-102. Definitions.)
Arkansas Historic Preservation Program:
The Arkansas Historic Preservation Program is responsible to nominate to the National Register properties that meet the requirements of being listed in the National Register of Historic Places. A property (building, structure, object, or site) must be at least 50 years of age and retain as much of its original architectural design and materials as to properly reflect its period of significance. In addition, a property must be significant for one or more of the following criteria: association with a significant event or pattern of events in local, state, or national history; association with the lives of persons significant in our past whose contributions to local, state, or national history can be identified and documented; significant architectural design or method of construction; archaeological potential to yield information important in prehistory or history.
Nominating a Property for the National Register of Historic Places:
To nominate a property for the National Register of Historic places, AHPP staff first make a determination of eligibility (see forms here: http://www.arkansaspreservation.com/historic-properties/national-register/natl_reg_howto.asp#eligibility). Then, AHPP staff will conduct a site visit to the property. Next, the applicant must complete a nomination form for the National Register. AHPP conducts training sessions twice a year on how to fill out the nomination forms in Little Rock. Once a nomination has been accepted, applicants must prepare a presentation for the State Review Board; applicant presence at the presentation is not mandatory but is encouraged. Finally, after approval by the State Review Board, the AHPP staff prepares the final nomination and sends it to the National Register in Washington, DC. AHPP will notify the applicant of the decision by letter. AHPP does not provide a plaque for the building, but does provide information on how and where to order a plaque.
[information gathered from: http://www.arkansaspreservation.com/historic-properties/national-register/natl_reg_howto.asp [last accessed 6/15/10]]
Preserving a Cemetery:
There are six steps to preserve a historic cemetery. Additional information is contained in the AHPP's cemetery preservation manual, "Grave Concerns."
(gathered from http://www.arkansaspreservation.com/preservation-services/cemetery-preservation/#preserve [last accessed 6/15/10])
1) Organize your efforts
Locate and obtain written permission from the owner. If the owner can not be found, petition the quorum court for permission to conduct work at the cemetery.
Conduct research on the site to see what is currently known about your cemetery.
Form a group of volunteers, a cemetery association or join forces with an established organization such as a historical society.
Define goals and create a plan of action.
Become familiar with the laws for historic cemeteries.
2) Document your historic cemetery through survey forms, photographs, and maps.
Perform a general survey that documents the overall site, recording location, site boundaries, major site features, and provides a historical overview.
Conduct an individual marker survey to record a detailed description of each site feature found in a historic cemetery.
A condition survey is a before-and after record that should be created whenever work is performed on a site feature, such as cleaning or repair.
A vegetation survey is important in identifying historic plantings that are part of the cemetery landscape.
Specialized surveys to determine property boundaries and locate lost markers should be carried out as needed. In the future, the records created during the survey process may be all that remains of a historic burial ground.
3) Conduct research to learn more about the history and importance of your cemetery.
Select a focus for research such as a person buried at the site, the cemetery itself or on a monument maker.
Look at primary resources, such as personal papers or public documents, to develop the story of your site.
Look at secondary resources, such as books or websites, to help place your cemetery in a historical context.
Compile the information and write an analysis.
Store materials in a conservationally sound area.
Develop a policy for use of information by public.
File information with appropriate organizations.
4) Clean and maintain your historic cemetery using the greatest care and proper tools, materials, and techniques.
If the site has been abandoned, an initial clean-up will be necessary. Take care not to remove or damage cemetery site features.
When cleaning markers and other site features of biological growths, dirt and debris, use water and a soft natural hair bristle brush. Never use household cleaners, abrasive tools or power washers to clean a marker.
Hire a conservator to repair cracked, chipped and broken monuments.
Perform regular maintenance using caution near gravemarkers and other site features.
5) Raise funds through one or more of the following methods.
Request donations.
Stage events, create products or offer services.
Apply for grant funds from private and public sources.
Seek government assistance.
Ask corporations for contributions.
Seek gifts, and establish endowments, legacies, and bequests.
6) Create awareness products and programs to insure that others understand the importance of the cemetery. Offer well-planned educational experiences and materials that take into account the irreplaceable landscape and relative's feelings. Many awareness activities can be used to generate funds for preservation projects.
What are the powers and duties of the state archaeological commission?
The Arkansas Archeological Survey operates a program in archeology that includes: excavation of archeological and historical sites and ruins for the purpose of securing data and objects relating to early humans in Arkansas; fundamental research in Arkansas archeology and encouragement of the preservation of Arkansas antiquities; research in anthropology, soil, geology and related sciences in order to plan and aid in the discovery of sites and artifacts; publication of findings in terms of their scientific, popular and cultural values; display and custodianship of relics, artifacts, sites and other tangible results of the program; educational activities regarding archeological efforts and encouragement of archeological societies, parks and museums.
(§13-6-202. Functions.)
How is the rehabilitation and preservation of historic property conducted?
Grants for Historic Property:
Two Historic Preservation Restoration Grant options are available for rehabilitation of historic structures in Arkansas.
(For more information, see here: http://www.arkansaspreservation.com/preservation-services/grant-programs last accessed 6/15/10)
Option 1: Grants of up to $10,000 are available to the owners of properties that are 1) listed on the Arkansas Register of Historic Places and/or 2) identified as a non-contributing structure in a National Register District; if the grant project will make the property eligible for listing on the National Register of Historic Places and the owner follows through with the National Register listing process.
Option 2: Grants at a minimum of $10,000 are available to the owners of properties that meet all of the following criteria: (a) listed on the National Register of Historic Places, and (b) owned by a not-for-profit organization or a municipality. No Option 2 grants will be made to individuals. Preference will be given to projects that are not eligible for other AHPP grant programs.
PLEASE NOTE: Recipients of Option 2 grants must donate a conservation easement on the property for which the grant is awarded. Both categories of grants require a 50 percent cash match (i.e.: a $10,000 grant would require at least a $5,000 cash match). Applications can be made for only one grant in one Historic Preservation Restoration Grant category per grant cycle.
Application Document: http://www.arkansaspreservation.com/pdf/HPRG%20Grant%20Guidelines%20-%20Revised%20Aug%202009.doc
Tax Credits for Historic Property
[retrieved from http://www.arkansaspreservation.com/preservation-services/rehabilitation-tax-credit/ last accessed 6/15/10]
Federal Rehabilitation Tax Credit
To encourage the preservation of historic buildings the federal government offers a program of tax incentives to support the rehabilitation of historic and older buildings for income-producing purposes.
The AHPP serves as the state liaison between the property owners and the National Park Service, the federal agency that administers the federal Rehabilitation Tax Credit program. The main goal of the AHPP and NPS will be to:
determine if the structure in question is a "qualified historic property"
provide a technical review based on the Secretary of the Interior's Standards for Rehabilitation on the proposed work planned for the historic structure and
approve the final work by the owner to the historic property.
Anyone interested in pursuing the credit should consult an accountant, tax attorney other professional tax advisor, legal counsel, or the Internal Revenue Service for help in determining the tax and other financial implications.
State Rehabilitation Tax Credit
A state law passed in 2009 allows Arkansans to claim a portion of their investment in historic properties as a credit on their state income taxes. This new program, administered by the Arkansas Historic Preservation Program (AHPP), will encourage the rehabilitation of historic properties and will foster revitalization efforts in Arkansas's historic downtowns and neighborhoods.
What structures are eligible?
Properties that are listed on the National Register of Historic Places or are listed as "contributing" within a historic district on the National Register. Properties that will be eligible for listing following rehabilitation will also be considered.
Any individual or firm who pays personal or corporate income tax in Arkansas. Persons or firms without sufficient tax liability to take advantage of the credits they earn are allowed to sell their credits to another taxpayer.
What kind of work is eligible?
The AHPP uses the US Secretary of the Interior's Standards for Rehabilitation to determine what kinds of work are appropriate for historic buildings and eligible for the tax credits. These ten broad, common-sense principles of preservation guide property owners around the country in projects that accommodate new uses and revitalization while retaining the overall historic character of their buildings. For more information on the Standards, contact the AHPP or visit http://www.nps.gov/history/hps/tps/standards/rehabilitation.htm
How much are the tax credits worth?
Twenty-five percent (25%) of the approved rehabilitation expenses on a historic building may be claimed as a tax credit. Owners of income-producing properties (commercial, office, rental residential, etc.) may claim up to $125,000 per project. Property owners may claim up to $25,000 per project for work on their private residences. In either case, an owner must invest a minimum of $25,000 to claim any credits.
Which projects will be awarded credits?
State law allows the AHPP to award up to $4 million in tax credits per year. In addition to meeting all the requirements described above, projects should address one of the program's community / economic development goals listed below. In order of priority, projects receiving tax credits must contribute to the:
1. Creation of a new business
2. Expansion of an existing business
3. Establishment of a tourist attraction
4. Revitalization of a business district
5. Revitalization of a neighborhood.
Can my project also take advantage of the federal historic rehabilitation tax credit?
The federal government has its own tax credit program for historic rehabilitation, with its own rules. It is similar to Arkansas's tax credit in some ways, but different in others. (For example, the federal tax credit is only available for work on income-producing properties.) However, projects that meet the requirements of both programs should be able to take advantage of both federal and state tax credits. Talk to a tax professional before pursuing any tax credits.
Where can I learn more about the Arkansas historic rehabilitation tax credit?
It is strongly recommended that any interested property owners contact the Arkansas Historic Preservation Program for application materials before beginning a historic rehabilitation project. Contact us at info@arkansaspreservation.org or 501-324-9880 or 323 Center Street, #1500, Little Rock, Arkansas 72201.
Preserving Cemeteries:
To learn more about resources available to aid in the preservation of cemeteries, see:
Grave Concerns: A Preservation Manual For Historic Cemeteries in Arkansas - http://www.arkansaspreservation.com/preservation-services/cemetery-preservation/Grave_Concerns.pdf
Tales of the Crypt: A Living History Project for the Preservation of Arkansas's Historic Cemeteries - http://www.arkansaspreservation.com/preservation-services/cemetery-preservation/Tales.pdf
National Record of Historic Places Nomination Packet - http://www.arkansaspreservation.com/historic-properties/national-register/natl_reg_howto.asp#eligibility/
What specific historic or cultural properties are regulated by the state's historical commission?
The State Historic Preservation Officer and the State Review Committee for Historic Preservation compile a listing of sites, districts, structures, buildings, areas, or objects with significant history, architecture, archeology, or culture of the state, its communities, or the nation. Such places shall be deemed to be listed in the State Register of Historic Places. The State Historic Preservation Officer, with the advice of the Review Committee, shall establish the procedures and criteria for listing in the Register of Historic Places. Listing a privately owned property in the register shall not violate or abridge the owner's right to use, modify or dispose of the property.
The State Register of Historic Places is viewable by County here: http://www.arkansaspreservation.com/historic-properties/arkansas-register/
Special Funding Sources
Special Funding for Protection and Preservation of Burials
How is the income from cemetery land to be used and dispersed in this state?
Cemetery corporations are tax exempt.
(§26-51-303. Organizations.)
How is a state historic acquisition and preservation fund administered?
[gathered from : http://arkansaspreservation.com/preservation-services/grant-programs/default.asp [last accessed 6/15/10]]
The Arkansas Historic Preservation Program (AHPP), an agency of the Department of Arkansas Heritage, administers or assists grant programs that seek to preserve the state's historic resources while broadening our appreciation of Arkansas history and historic preservation. The programs, financed through state general revenues, proceeds of the state Real Estate Transfer Tax, and/or federal funds received from the National Park Service, Department of the Interior, provide assistance to governments, organizations and individuals seeking to preserve historic Arkansas for future generations to learn from and enjoy.
Certified Local Government Grants
Certified Local Government Grants City and county governments in Arkansas that participate in the AHPP's Certified Local Government (CLG) program are eligible for pass-through grants from the federal Historic Preservation Fund. AHPP must subgrant at least 10% of its annual federal appropriation to CLGs each year. (CLG grants can also be used to assist local governments seeking to join the program.)
CLG pass-through grants can be used for a variety of local historic preservation projects, including architectural surveys of historic sites or districts, preparation of nominations for the National Register of Historic Places, development of educational materials for historic property owners, and rehabilitation of local historic structures. CLG grants are often used to provide training and support to local historic district commissions.
County Courthouse Restoration Subgrants
The AHPP's County Courthouse Restoration Subgrants have been used to help restore historic county courthouses in 60 of the state's 75 counties since they were created in 1989, helping to extend the lives of structures that hold vital links to community pride and local history. Participating counties donate facade easements on their historic county courthouses in return for financial assistance in rehabilitating the buildings. Grant funds come primarily from the Real Estate Transfer Tax, administered by the Arkansas Natural and Cultural Resources Council. Total amounts available to be shared among applicants annually have ranged from $150,000 to $1,000,000.
Historic Preservation Restoration Grants
Model Business Grants
Model Business Grants are available through program managers of active, local Main Street Arkansas programs seeking to revitalize their historic commercial districts through design improvements, organization, economic restructuring and promotions.
Model Business Grants provide matching funds for improvements at a local business that then serves as an example for other downtown businesses to emulate. Grant funds must be used to address all three of the following areas:
Facade renovations developed with Main Street Arkansas architectural designers
Small business assistance to provide guidance on running a business in today's chain-dominated retail environment.
How are trust funds for the maintenance of cemeteries established and administered?
All cemetery owners must contribute to the permanent maintenance fund, which is a trust fund solely dedicated to the administration, care, and maintenance of the cemetery, including lots, graves, spaces, crypts, niches, burial rights, or otherwise. The permanent maintenance fund must meet the requirements of §23-63-815, §23-63-82 and §23-63-805, and may not invest more than 50% of its assets in nonassessable common stocks. No rule against perpetuities shall apply to these funds. The trustee shall maintain: a ledger showing all receipts, disbursements, assets, liabilities, income; documents supporting each asset; a trust agreement.
(§20-17-1013. Permanent maintenance fund generally)
How are state historic archives maintained?
Arkansas History Commission is part of the Arkansas Parks and Tourism Department. It is governed by seven members who are appointed by the Governor and confirmed by the Senate. Offices and archives are located in the One Capital Mall Building.
(Accessed from http://www.ark-ives.com/about/history.asp . last accessed 6/15/10)
In 2010, the Arkansas History Commission received approximately $1,843,000 of the Department of Parks and Tourism budget of about $123,575,000.
(Accessed from http://www.adptfoi.com/overview/adpt_overview_files/frame.htm . last accessed 6/15/10)
How may the state enter into private contracts for recovering and preserving historical artifacts?
The Arkansas State Library may enter into contracts or agreements with state officers, departments, and agencies for the provision of special library services where needed and, under the terms of the contract or agreement, may provide for the method of financing special costs incurred by the library in furnishing and maintaining such special library services.
(§ 13-2-207. Authorities)
Additionally, the Arkansas State Library is authorized to enter into contracts and agreements with the Secretary of State for the custody, storage, cataloging, or display in the library or State Archives of any books, records, documents, or other papers in the custody of the Secretary of State.
(§13-2-209. Additional agreement authorities.)
The Arkansas History Commission has the authority to contract and to be contracted with respect to its duty to collect, classify and preserve historical material.
(§ 13-3-104. Authorities.)
What funding exists for state historical education efforts?
Grants for Historic Cemeteries: Grants exist for insolvent perpetual care cemeteries. To be eligible for such a grant, the cemetery shall: have been declared insolvent by a court; be found by the Arkansas Cemetery Board to have historic significance to the community or the state; be owned and controlled by a state; city or municipal government or by a nonprofit 501(c)(3) organization.
(§20-17-1303.iInsolvent cemetery grant fund; §20-17-1305. Eligibility for grants)
Such a grant shall be used exclusively for the care, maintenance and operation of an insolvent perpetual care cemetery, including the: sale and conveyance of lots; opening and closing of graves; preparation of financial reports and legal documents; maintenance of driveways and grounds; removal of trash and debris; cutting of grass; necessary improvements to streets, avenues, walks or public grounds.
(§20-17-1308. Use of grant awards)
What funding exists for state museums' scientific services?
Grants Program: The State Parks Division of the Department of Parks and Tourism maintains a program of grants-in-aid to eligible museums or organizations concerned with history, science, art, or culture, on the basis that 50% of the program is funded by the grant and the other half is funded by the museum. Only museums and programs concerned with historical, scientific, cultural or artistically oriented programs offering nonprofit services to the public may qualify for funds. No funds shall be received by a museum or organization shall be used as matching funds for other state funds. The division shall provide technical assistance and information to all museums and personnel in Arkansas within the limitations of staff and funding.
(§13-5-206. Program of grants-in-aid and technical assistance)
Funds for a Museum and Cultural Center: The Director of the Department of Parks and Tourism is authorized to use any available funds to construct and operate a museum and cultural center. The director is authorized to issue bonds for the acquisition, construction and equipment of the center, and up to one year after construction to cover all costs incidental to the accomplishment of the center, but shall not exceed $12,000,000. No bonds shall be issued unless and until the director, or a department, or other educational institution or agency of the State of Arkansas, has signed an agreement with the Smithsonian Institution. The agreement must be approved in writing by the Governor of Arkansas.
(§13-5-307. Museum and Cultural Center)
County Museums: County quorum courts are authorized to appropriate funds to defray the costs of the construction, maintenance and operation of the county museum.
(§13-5-504. Funding requirements)
Special Funding for Public Lands
What special funding sources are there for protection and preservation of burials on public lands?
Archaeological Funding
The Arkansas Archeological Survey is funded through the University of Arkansas and is authorized to enter into contracts, receive and expend gifts and grants to be used in furtherance of the program.
(§13-6-205. Funding).
The University of Arkansas will make available for study its museum which contains an extensive collection of archeological material and related literature. All funds received for this program shall be held, expended and disbursed through the University of Arkansas and shall only be used in support of the activity described.
(§13-6-206. University of Arkansas; function).
All public institutions of higher learning in Arkansas may contract with the University of Arkansas for Arkansas Archeological Survey archeologists to be assigned to and in residence at contracting institutions.
(§13-6-208. Program participation).
The President of the University of Arkansas is authorized to accept grants and donations for archeological research, and the president holds full title to interests in land dedicated to those purposes.
(§13-6-211. Grants, bequests, etc.).
The Director of the Arkansas Archeological Survey may approve and permit the loan of objects to state museums or educational institutions for research or public education.
(§13-6-214. Responsibility).
Historic Preservation Loan Act
The act is intended to provide owners of registered cultural properties with low-cost financial assistance (loans or subsidies) for he upkeep of such properties listed in the State Register of Historic Places or National Register of Historic Places
(§13-7-502. Purpose of act).
The factors upon which historic preservation projects will be given priority include: geographic distribution of recipient projects, severity of deterioration of the registered property, the degree of architectural and construction detail in the loan application demonstrating the feasibility of the proposed restoration, rehabilitation, or repair of the registered cultural property, and availability of other funding for the project. (§13-7-505. Loan program; duties).
The recipient must maintain the property for, and re-pay the loan within, 7 years.
(§13-7-506. Loans or loan subsidies; requirements).
The Arkansas Historic Preservation Program may accept any property donated to it, or may deposit the proceeds from the sale of property into a financial institution for the use of operating the program.
(§13-7-507. Loan program; donations or sale of property).
Cemetery Maintenance Trust Funds
Maintenance of Plots; Trust Fund: Any person may establish a trust fund in perpetuity to go to the upkeep of burial lots or plots, but no amount placed in the trust shall exceed $200,000. The trustee shall file an annual report in the circuit court showing the receipts and disbursements from the trust fund.
Administration and Care: Income from the trust fund shall be paid to and exclusively used by the owners, managers, officers and directors of the cemetery company for care and maintenance of the cemetery. Any maintenance fund having assets of more than $250,000 may invest not more than 50% of its assets in nonassessable common stocks which are investment trust securities. The trustee shall maintain a ledger showing: receipts, disbursements, assets, and income; documents verifying each asset; a trust agreement.
Establishment, Transfer, Trustees: The income of each cemetery maintenance fund can only be used for general maintenance, administration, and preservation of the cemetery. The fund shall be transferred to: a state or national bank with trust powers; three trustees, only one of whom many have a direct or indirect interest in the cemetery; an individual trustee, who in behalf of the cemetery company, shall deposit designated permanent maintenance funds directly into a savings account or certificate of deposit in a state or national bank or savings and loan association not less than 45 days after collection.
(§20-17-1014. Fund; establishment; transfer; trustees)
Reporting Requirements: Within 60 days after the end of each year, the Arkansas Cemetery Board shall require the trustee of the permanent maintenance fund to file a detailed annual report of the condition of the fund, describing assets, property, costs of the acquisition of the assets, the market value of any assets to show that they are not encumbered by debt. The report shall show the amounts of principal and undistributed income at the beginning of the period, the amounts deposited by the cemetery company into the fund during the period, the income earned, the investments or reinvestments during the period and the balances of principal and income at the end of the period. Failure to file a timely report or defaulting by a trustee may require establishing a new trustee. Failing to make a timely filing shall be grounds for the trustee to pay an addition contribution of $50 per day until the report is filed.
(§20-17-1015. Fund; reporting requirements)
Minimum Deposits: Each cemetery company shall deposit not less than 10% of its gross proceeds into the permanent maintenance fund. Deposits shall be made by the cemetery company not later than 45 days after the final payment has been made. Failure to make the required deposits will result in the cemetery company's liability for an additional $10 contribution to the permanent maintenance fund per day, not to exceed $5,000 or the actual cost of the contract property or cemetery lots, whichever is greater.
(§20-17-1016. Fund; minimum deposits)
Contributions: The permanent maintenance fund may also receive any real, personal or mixed property bequeathed, devised, granted or given to it.
(§20-17-1017. Fund; contributions)
Unlawful Activities: It is unlawful for any person to: advertise the cemetery as perpetual care or permanent maintenance cemetery without a valid permit by the Arkansas Cemetery Board; fail to place required contributions into the permanent maintenance fund or remove any principal of the fund from trust. Any violation of this section shall be a felony punishable by a fine not more than $6,000 or by imprisonment for not more than 6 years, or both fine and imprisonment.
(§20-17-1018. Fund; unlawful activities; fines)
Fees and Contributions: All contributions shall be deposited into respective permanent maintenance funds of the cemetery and all fees shall be paid to the Arkansas Cemetery Board.
(§20-17-1021. Disposition of contributions and fees )
Power to Lend: On August 1, 2010, the Arkansas Cemetery Board shall segregate $180,000 within its general operating fund to be administered to the Securities Commissioner and only used to lend a court-appointed receiver or conservator the funds necessary to pay any reasonable surety bond premium required to be posed by the court. The board may take legal action necessary against a cemetery company to cover any funds loaned by the board to benefit the cemetery, cemetery company, receiver or conservator for the payment of maintenance expenses or unpaid loans.
(§10-17-1025. Protection of cemeteries--Power to lend)
Permit Fee: Each permit holder shall pay the Arkansas Cemetery Board an annual permit renewal fee of $100. All permit renewal fees shall be used to make loans to receivers and conservators.
(§10-17-1026. Annual permit fee)
Special Funding for Private Lands
What special funding sources are there for protection and preservation of burials on private lands?
o See "Create a Funding Plan" starting on page79
o See "Funding and Assistance Resources" starting on page 92-98 [excerpted below]
FUNDING AND ASSISTANCE RESOURCES
Some key phases to use in locating grants are community partnership project, beautification project, educational project, documentation project (cultural research), religion, and community improvement project. These may be used to help determine which funding source might be of the most benefit for your project.
Remember: There are very few grants for the repair of markers and monuments. Donations from public and private sources such as the community at large and local corporations or businesses will be the most effective source for generating funds for such repairs.
AGENCIES AND FOUNDATIONS
Arkansas Historic Preservation Program (AHPP)
323 Center Street, 1500 Tower Building
501-324-9880, FAX 501-324-9184, TDD 501-324-9811
Historic Preservation Restoration Grant (HPRG)
The HPRG fund is available to nonprofit entities and municipalities for projects involving public places listed on the National Register. Most grants from this source are awarded to structures, although to date no one has applied for monument repair. If you have a mausoleum, bell house, etc., that is need of repair, this might be a good place to seek funds.
At times, other grants are available for use in cemetery preservation work. Contact the office for more information.
Main Street Arkansas, a division of the Arkansas Historic Preservation Program, offers funding opportunities through their Certified Local Government Program (Little Rock, North Little Rock, Helena, Hot Springs, Van Buren, Fort Smith, Eureka Springs, Osceola)
If your cemetery is within one of the listed Arkansas communities, you may be able to receive grant funds through the Certified Local Government program. Two projects that might be eligible for CLG funds are projects that deals with a survey to nominate a property to the National Register or to develop a plan for protection of the historic resource. Contact the Arkansas Historic Preservation Program to find out more about the CLG program.
Arkansas State Parks- Historical Resources and Museum Services (HRMS)
One Capitol Mall
1-888-287-2757 (V/TT)
info@arkansasstateparks.com
Grants:
Special Project Support (SPS)
General Operating Support (GOS)
Mini General Operating Support (MGS)
To receive funding from this source the applicant must be connected to an established nonprofit museum. There is a monetary match requirement. SPS funds must be used to address a particular need or program such as collections management, conservation of artifacts, exhibit production, or educational programming. GOS and MGS funds can be used for a wide range of museum activities and operations including administration, building maintenance, utilities, insurance, rent, security, salaries, etc.
Arkansas Humanities Council
10800 Financial Center Parkway, Suite 465
www.arkhums.org
Mini grants
Planning grants
Major grants
Public Program
Individual Research
There are a number of other grants available from this organization. Please call for an updated list.
The Arkansas Humanities Council can help a nonprofit group with numerous funding projects. Among some of the items that might be funded through this agency are projects to develop a plan for preservation, assist with publishing information, survey work, and educational programming. Remember that you may have to become extremely creative when looking for funds. For instance, one grant offered by the AHC is called "Children and Adults Reading Together." If you wanted to apply for this grant, a program could be developed to have adults and children begin in the cemetery by reading markers, then move to the local library to learn how to find more about the deceased and the times in which they lived through obits, newspapers, and other primary records. Another grant titled "Black History Grants" could be used to help gather data through survey work from historic black cemeteries in the state.
Department of Arkansas Heritage
1500 Tower Building
www.ArkansasHeritage.org
Arkansas Heritage Month grant
May is Arkansas Heritage Month. This program is designed to assist with community projects for the celebration.
Arkansas Office of Rural Services
101 East Capital Ave, Suite 202
1-888-RURAL-AR
Arkansas Rural Community Grant (ARCGP)
Arkansas Rural Community Planning Grant (ARCPGP)
Available to towns with populations of 3,000 or less. Both of these grants may be worth looking into if you choose to use your cemetery as a tourist site, which could be a form of economic development for the area.
700 South Rock Street
501- 372-1116, FAX 501- 372-1166
www.arcf.org
The ACF manages many funds. Some are designated for specific causes, while others are considered unrestricted. The unrestricted funds will have parameters for eligibility.
ACF is a public charitable foundation for Arkansas. The mission as stated by the AHC brochure is to "provide and promote leadership as the premier builder of philanthropic funds to meet the state's diverse grantmaking needs and challenges. ACF's mission also includes providing excellent service to donors, non-profit organizations, and communities of the state." Call to inquire about funds that might be available for your project.
For anyone interested in beginning a fund to assist with gravestone restoration or other areas of cemetery preservation, please contact the AHC. This organization can lead you through the process of establishing a fund as well as managing the fund in the future.
Nonprofit Resources, Inc.
501-374-8515 FAX 501-374-6548
Email: nonprofit@aristotle.net
Web: http://users.aristotle.net/~nonprofit/NRI.html
Nonprofit Resources can assist with many aspects of developing and running a nonprofit organization. The agency provides resources and workshops on funding, training, grant writing, and other services.
One item that would be of value in a search for state funding of cemetery preservation projects is the Arkansas Funding Directory, which is available in most libraries. Contact Nonprofit Resources for more information about their services.
As of 1999, there are 273 private foundations in Arkansas. Nonprofit Resources and the Community Foundation can provide more information about these resources. Following is a list of some of Arkansas's Foundations and their interests:
Walton Family Foundation (Delta region), Winthrop Rockefellar Foundation (education), Windgate Charitable Foundation (art education, Christian education), Horace C. Cabe Foundation (education, museums) Ross Foundation (community, art), Harvey and Bernice Jones Charitable Trust (Baptist religion), Roy and Christine Sturgis Charitable and Education Trust (education, Baptist and Methodist religion), Wal-Mart Foundation (community, youth), Wrape Family Charitable Trust (Roman Catholic religion), Morris Foundation (youth, education), Tenenbaum Foundation (Jewish religion), William C. And Theodosia Murphy Nolan Foundation (arts, preservation, religion), Peel House Foundation (historic preservation), Overstreet Short Mountain Foundation (Presbyterian church), Nabholz Charitable Foundation (education, Roman Catholic religion, youth), M. N. Osborne Charitable Foundation Trust (religion), Bitha Godfrey and Maude J Thomas Charitable Foundation (children, community development, education, religon, education).
The mission of Nonprofit Resources is to "strengthen, support, and enhance the capacity of Arkansas's community-based organizations to fulfill their missions."
Arkansas Arts Council
Project Support Grant
If your project has an art component and will use the site for a visual or performing arts program, a presentation of a specific arts event, a program series or a multiple discipline arts project; the Arkansas Arts Council might be able to assist with funding through a project support grant.
Save Outdoor Sculpture
1012 14th Street, NW, Suite 1200
www.HeritagePreservation.org/PROGRAMS/SOS
SOS! Maintenance Training Award, given to support the professional training of local personnel or volunteers in low-tech outdoor sculpture maintenance of up to four artworks.
SOS! Assessment Awards will give up to $850 to support professional conservation assessments.
SOS! Conservation Treatment Awards partially funds the conservation of at least one sculpture in every state.
SOS! Achievement Awards which issues monetary awards to recognize projects that have advanced the goals of SOS!
If you have a monument that is in need of repair and is accessible to the public you may apply to SOS!, which is a joint project of Heritage Preservation and the Smithsonian's National Museum of American Art. This program offers many services and financial awards to assist with different phases of sculptural preservation. This is a highly competitive program offered to all fifty states. Your best bet at being awarded moneys from this national program is to have a well-organized and active group whose main interest is the preservation of the markers and monuments. Awards are given based on the significance of the sculpture to be conserved, the urgency of the need for conservation, the ability of the applicant to carry out the project, and the applicant's plans for public awareness. Ongoing maintenance is expected.
FURTHERMORE
Parcels: 518 Warren Street
Hudson, New York 12534
Telephone 518/828-8900 ♦ Fax 518/828-8901
www.Furthermore.org
The J. M. Kaplan Fund, offered through the Furthermore organization, will support publications in architecture and design, landscape, parks, farmlands, cultural history, the life of cities, preservation of historic and community resources and related public policy.
Books and catalogues, guides, pamphlets and maps, marked by high standards and distinct character will be eligible. Assistance will be available for research, writing, editing, design indexing, photography and illustration, as well as promotion and marketing."
Getty Grant Program
1200 Getty Center Drive, Suite 800
FAX (310) 440 7703
Los Angeles, CA, 90049-1685
www.getty.edu/grant/index.html
The Getty program offers a number of grants for conservation activities. The one most applicable to cemetery preservation would be the Conservation Treatment and Research Grant. Please call for more information or visit their web site.
National Endowment for the Arts
Nancy Hanks Center
1100 Pennsylvania Ave., NW
www.nea.gov
The NEA has grants for the restoration of existing artwork, which may apply to some cemetery monuments, especially one-of-a-kind and hand-carved objects.
Arkansas Division of Volunteerism
1300 Donaghey Building
The ADV offers workshops to assist in working with volunteer groups.
Arkansas Department of Health
www.healthyarkansas.com
Youth Violence Prevention Program
Funding is provided by the state for at-risk youth programs. This might be a source to use for a program to provide job skills in horticulture or to fund a program to reduce vandalism at historic cemeteries.
Arkansas Economic Development Commission
1-800-ARKANSAS, (501) 682-1121
www.1-800-arkansas.com
Mayors and county judges help designate how CDBG funds will be used. The main purpose for funds is to help deprived urban areas with projects that can rehabilitate and expand economic opportunities. Possible projects that may be suitable for this fund could be development of the cemetery into a tourist destination or research center on area burial grounds.
Intermodel Surface Transportation Efficiency Act (ISTEA)
Arkansas Division
700 West Capitol, Room 3130
You will need to contact this office for information about their grant program. Local governments will need to apply. Funds are available for community preservation projects.
In using the web to identify possible funding sources, realize that many private foundations have been reluctant to post information on the internet. Most of the groups that will be found are large, nationally focused funding programs. Although it may be difficult to locate money, many sites provide helpful information. It is worth your time to look at some of these sites and try different search engines and on-site libraries to locate others that might be of use for your project. Some of the sites deal with grant information, while others provide guidance to nonprofit organizations.
Research Grant Guides, P.O. Box 1214, Loxahatchee, FL 33470, (561) 795-6129
www.ResearchGrant.com
Offers several guides that can be ordered and several links that could benefit your search for funding. Among the guides offered by this program that might be of use in locating funding for cemetery preservation are the Directory of Operating Grants, Directory of Building and Equipment Grants, Directory of Computer and High Technology Grants, and Directory of Education Grants.
The Foundation Center,79 Fifth Avenue, New York, NY 10003, (212) 691-1828, FAX (212)
691-1828,
http://fdncenter.org/
This site offers a guide to grantseeking on the web, an on-line library, a number of valuable links, and the ability to request help in locating grants.
National Endowment for the Humanities, 1100 Pennsylvania Avenue NW, Washington, DC
20506, (202) 682-5400
www.neh.fed.us
This federal agency focuses on the arts and offers a number of items to assist nonprofit organizations seeking information on federal services.
Internet Resources for Nonprofits, is exactly what it says: an internet site that offers
Information on resources for nonprofits
http://www.uticapubliclibrary.org/non-profit/directory.html
Nations Bank, The Foundation, can be reached at Contributions Manager, Bank of America, 800 Market Street, St. Louis, MO, 63101-2607
www.BankOfAmerica.com
The Bank of America Foundation has the largest philanthropic budget of any financial institution in the United States. It limits its distributions to the following categories:
education,
health and human services,
community development and
John D. and Catherine T. MacArthur Foundation, Office of Grant Management, 140 S. Dearborn Street, Chicago, IL 60603, (312) 726-8000, FAX: (312) 920-6258
www.macfdn.org
Carnegie Corporation of New York, 437 Madison Avenue, New York, NY 10022, (212) 371-
3200, FAX (212) 754-4073
www.carnegie.org
The Council on Foundations, 1828 L Street, NW, Washington, DC 20036, (202) 466-6512,
www.cof.org
COF is a nonprofit membership association of over 1,700 grantmaking foundations and corporations. This site can assist with developing a foundation as well as locating grants for a number of different types of projects.
Internet Nonprofit Center, information for and about nonprofit organizations, can be found at
www.nonprofits.org
This site has links to numerous foundations and nonprofit organizations on the internet.
The Chronicle of Philanthropy, "The newspaper of the non-profit world," can be found at http://philanthropy.com/
This site has valuable up-to-date information connected to the nonprofit world and fundraising efforts with a large number of links to other sites.
The National Trust for Historic Preservation is located at: www.nthp.org
This site provides information on preservation issues.
Other Materials on Funding Sources:
State Recognition of Constituent Groups
Laws Recognizing or Acknowledging Constituent Groups
What laws are there recognizing or acknowledging constituent groups?
Arkansas Black History Advisory Committee
Purpose: To gather, develop and keep the history of the overlooked, forgotten or neglected segment of Arkansas society; To collect materials on the history of black Arkansans; To encourage historical work and research on black Arkansans to help young citizens appreciate their heritage
(§13-3-201. Purpose.)
Membership: ABHAC consists of 7 members of the state at large, who have demonstrated an interest in the collection, preservation and development of black history in Arkansas, appointed by the Governor with the advice and consent of the Senate. The terms shall be 7 years long, beginning on Jan 15, ending on Jan 14. Vacancies shall be filled by appointment of the Governor.
(§13-3-202. Members.)
Authorities: The Arkansas Black History Advisory Committee shall assist the Arkansas History Commission in collecting, classifying and preserving artifacts (manuscripts, maps, diaries, letters, journals, papers of historic value, portraits, photos, sketches, drawings) related to black history in Arkansas. It shall also assist in selecting and publishing papers, research or other material, and build and maintain a library of such material on the black race in Arkansas history. ABHAC shall cooperate with, and receive cooperation of any historical association or organization devoted to the history of the black history in the state. All records, papers, archives shall be and remain the property of the State.
State Historian: The State Historian shall assist the Arkansas Black History Advisory Committee, and shall be the custodian of all property and materials of the committee. The office of the committee shall be located with those of the Arkansas History Commission.
(§13-3-205. State Historian's duties--Location of commission)
Curriculum: The Arkansas Black History Advisory Committee and the Director of General Education shall cooperate with each other to develop materials for a program of historical contributions of the black race in the curriculum segment of the Arkansas history required to be instructed. The director shall ensure that these materials are reproduced and sent to all school districts in the state as a resource for the inclusion in Arkansas history courses.
(§13-3-206. Development of curriculum)
What tribes are recognized by the state?
Arkansas recognizes Native American tribal groups that are recognized by the United States Government. (See §13-6-404. Exhumed remains; conveyance, for example).
Are the state-recognized tribes different from the federally-recognized tribes in the state?
Compliance Laws
What laws are there related to compliance with recognition or acknowledgment of constituent groups?
If exhumed human skeletal remains are determined to have belonged to a Native American, the tribe must be notified, and must provide documentation of such tribal affiliation, and the remains will be conveyed to such tribe. Scientific studies may be undertaken on the remains after consultation with the aforementioned tribe.
(§13-6-404. Exhumed remains; conveyance).
Regulatory Laws
What laws are there related to regulation or recognition or acknowledgment of constituent groups?
African Americans: Within the Department of Arkansas Heritage is the Mosaic Templars of America Center for African-American Culture and Business Enterprise, which operates a program of temporary and permanent exhibits, a library and resource center, and holds live performances.
(§13-5-902. Establishment--Administration)
Latinos: The Arkansas Task Force on Hispanic Affairs, enacted in 2005, was repealed in 2009 (§§ 25-40-101 to 25-40-105).
Native Americans: The third week in September is known in Arkansas as "Native American Heritage Week," to honor the role that Native Americans have played in the state's history.
(§1-5-113. Native American Heritage Week in Arkansas)
Diversity: The Arkansas HIV-AIDS Minority Task Force must include one member that is African-American, one member that is Hispanic, one member that is a woman, and one member who represents a minority population that is not African-American or Hispanic.
(§ 20-15-1803. Arkansas HIV-AIDS Minority Task Force--Creation)
The Arkansas Minority Business Economic Development Act requires that all state agencies attempt to ensure that at least 10% of state-funded construction programs, goods or services are paid to minority businesses. A minority business is defined as one that is at least 51% owned by either an African American, a Hispanic American, an American Indian, an Asian American, or a Pacific Islander American.
(§15-4-302. Definitions; §15-4-303. Construction.)
The Arkansas Minority Health Commission gathers and analyzes data on disparate health services in Arkansas, and develops programs on remediating disparities in health care. "Minority" is defined in this section as including black Americans, Hispanic Americans, Asian Americans, and American Indians.
(§20-2-101. Definitions. et. Seq.)
Decision-Making Authorities
What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?
If exhumed human skeletal remains are determined to have belonged to a Native Americaxn, the tribe must be notified, and must provide documentation of such tribal affiliation, and the remains will be conveyed to such tribe. Scientific studies may be undertaken on the remains after consultation with the aforementioned tribe.
How are Indian sacred sites regulated?
Arkansas has no specific laws regulating Indian sacred sites.
Is there a state Indian Affairs Commission or equivalent?
Arkansas has no Indian Affairs Commission.
(See also: http://www.ncsl.org/?tabid=13279#ar)
How is the state Indian Affairs Commission or equivalent composed?
What are the powers and duties of the state Indian Affairs Commission?
Is there a state Indian cultural heritage commission?
No. However, the Heritage Trails System Act designated as heritage trails American Indian removal routes (designated by the Department of Parks and Tourism), including without limitation land and water routes for Cherokee, Choctaw, Muscogee (Creek), Chickasaw, and Seminole tribes.
(§13-14-104. Designation of heritage trails)
The Department of Parks and Tourism shall consult with the Arkansas History Commission, the Arkansas Historic Preservation Program, and the Arkansas State Highway and Transportation Department, to conduct studies and determine the feasibility of designating additional trails as heritage trails.
(§13-14-105. Studies of prospective heritage trails)
Special Funding
What special funding sources are there for state recognition or acknowledgment of constituent groups?
The Mosaic Templars of America Center for African-American Culture and Business Enterprise have the authority to accept gifts, as well as set admission fees for programs offered. The center may request assistance of other state agencies in operating the center and its programs.
(§13-5-904. Powers of center)
The Arkansas Geographical Critical Needs Minority Teacher Scholarship Program Act of 2001 established a scholarship program for minority teachers (including Black Americans, Asian-Americans, Hispanic Americans and Native Americans), awarding scholarships of $1,500 to teachers who express an intention to teach in an area of the state that is in a critical need for teachers. (§6-82-1503. Eligibility for scholarship--Amount)
The treasurer of each county of the state has a fund to support the legal representation of indigent persons. (§14-20-102. Fund for poor persons)
[1]All citations refer to the Arkansas Code (2010), which can be accessed as a PDF document at http://www.arkleg.state.ar.us/bureau/Publications/Arkansas%20Code/ARCodeMainDoc.pdf
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