Ala. Admin. Code r. 460-X-10-.01 - Permits

The purpose of these regulations is to provide for the lawful excavation, relocation, and/or restoration of cemeteries and human remains as described in Alabama Act 93-905. The Alabama Historical Commission (AHC) as charged in Act 93-905 shall oversee the provisions of this Act relating to permitting activities.

(a) Definitions

1. Archaeologist - A person meeting the qualifications as found in 36 CFR Part 61.

2. Permit - A document necessary to conduct activities involving human remains or funerary objects at marked or unmarked sites.

3. Cemetery - A place of burial for human remains with or without markings or indications.

4. CFR - Code of Federal Regulations.

5. Funerary Objects - Objects of, used for, or associated with burial.

6. Burial - A burial shall be considered to include the human remains, all funerary objects, and the grave or other place of deposition.

(b) General Permits

1. A permit will be automatically issued by the director of the AHC to all county or municipal Coroners, all county or municipal Health Officers, all City, County and State law enforcement agencies; licensed Funeral Home Operators, all licensed Cemetery Operators and all licensed Morticians. This permit is for carrying out the lawful duties assigned them by the State of Alabama.

i. If all burials to be disturbed have been interred for less than 75 years, no consultation with the AHC is necessary. No further reporting or permitting is required.

ii. If any burial to be disturbed has been interred for 75 years or longer, or if the date of interment is undetermined, the permittee shall consult with the AHC for purpose of being issued an additional specific permit limited to that burial only.

2. Any archaeologist shall be eligible for a permit upon demonstration of qualification.

3. An annual report shall be filed with the AHC at the end of each calendar year outlining the place, the date and the disposition of any remains or burials disturbed. Activities conducted under Section b., 1., i., are exempt from this stipulation.

(c) Single Use permits - In cases where one of the above persons or entities is not controlling the disturbance, an individual may request a permit to disturb human remains. The request must be accompanied by a complete description of the location, known information concerning the remains, and the purpose for the disturbance.

(d) Violation - If violation of the terms of the permit is found after a complete investigation by the staff of the AHC, the director may submit to the Commission a recommendation that the permit be withdrawn. The Commission, if unlawful use is determined, may choose to withdraw the permit or set conditions under which the agency or individual may retain the permit.

(e) Consultation - All permits will be issued by the Director after consultation with the archaeological staff. Based upon provided information, the Alabama Historical Commission shall assume the responsibility for coordinating consultation between interested or concerned parties including, but not limited to, where appropriate, the Indian Affairs Commission and other groups representing significant cultural or ethnic affiliations. The objective of this responsibility is to provide for a mechanism of public comment in those cases where it may be necessary.

(f) Notification - Any person who knows, or has reason to know, of the discovery of human remains and/or funerary objects on state or private lands shall notify the AHC immediately. If the discovery occurred in connection with a land-disturbing activity including, but not limited to, construction, mining, logging, or agriculture, the person shall cause the activity in the area of the discovery, make reasonable efforts to protect the items discovered, and contact the AHC immediately.

Author: Gregory Rhinehart

Notes

Ala. Admin. Code r. 460-X-10-.01

New Rule: Filed February 9, 1994; effective March 15, 1994. Footnote: Emergency Rule 460-X-10-.01 -.01ER.

Statutory Authority: Code of Ala. 1975, § 13A-7-23.1, Alabama Cemetery and Human Remains Protection Act 93-905.

Re-certification Amended: Filed March 24, 1994; effective April 28, 1994.