Alaska Annotations

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  1. Protection of Burials

    1. Acts Prohibited by Law and Subject to Criminal Sanctions

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

        Criminal mischief in the third degree, 11.46.482

        A person is guilty of criminal mischief in the third degree if he or she knowingly removes human remains or associated burial artifacts from a grave, tomb or memorial. This does not apply to employees of the cemetery who were acting on behalf of the cemetery or persons authorized by law. Criminal mischief in the third degree is a class C felony.

        Misconduct involving a corpse, 11.61.130

        A person is guilty of this crime if he or she intentionally disinters, removes, conceals, or mutilates a corpse. This does not apply to persons working an emergency or authorized by law. This crime is a class A misdemeanor.

        Unlawful acts, 41.35.200

        It is illegal for any person to excavate any historic, prehistoric, or archeological resources of the state without a permit from the commissioner. This crime is a class A misdemeanor.

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

        Unlawful acts, 41.35.200

        It is illegal to sell or purchase any historic, prehistoric, or archeological resourc[LGD1] es taken illegally. This crime is a class A misdemeanor.

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

        Unlawful acts, 41.35.200

        It is illegal for a person to remove any historic, prehistoric, or archeological resources without a permit from the state. This crime is a class A misdemeanor.

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

        Unlawful acts, 41.35.200

        It is illegal for a person to appropriate, excavate, remove, injure, or destroy any historic, prehistoric, or archeological resources without a permit from the commissioner. This crime is a class A misdemeanor.

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

        Unlawful acts, 41.35.200

        It is illegal for a person to appropriate, excavate, remove, injure, or destroy any historic, prehistoric, or archeological resources without a permit from the commissioner. This crime is a class A misdemeanor.

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

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

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

        Unlawful acts, 41.35.200

        It is illegal for a person to appropriate, excavate, remove, injure, or destroy any historic, prehistoric, or archeological resources without a permit from the commissioner. This crime is a class A misdemeanor.

        Criminal mischief in the third degree, 11.46.482

        It is illegal for a person to knowingly deface, damage, or desecrate a tomb, monument, or gravestone. This does not apply to persons authorized to do the act by the cemetery, or was authorized by law or permit. Any violation of this crime is a class C felony.

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

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

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

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

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

        Criminal mischief in the third degree, 11.46.482

        It is illegal for a person to deface, damage, or desecrate a tomb, grave, or memorial. This does not apply to employees of the cemetery acting on behalf of the cemetery, or person authorized by law. A violation of this statute is a class C felony.

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

        Misconduct involving a corpse, 11.61.130

        It is illegal for a person to intentionally disinters, removes, conceals, or mutilates a corpse unless authorized by law or in an emergency. It is also illegal if a person sexual penetrates a corpse, or detains a corpse for a debt. This crime is a class A misdemeanor.

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

        Theft defined, 11.46.100

        Theft is defined as when a person takes the property of another person with the intent to keep the property for himself or herself or a third person. Theft also occurs when a person fails to pay for services received.

        Consolidation of theft offenses: Pleading and proof, 11.46.110

        Each instance of theft defined under 11.46.100 is a separate crime in either the first, second, third or fourth degree. An accusation of theft only has to allege that the defendant took someone else's property or did not pay for services and does not require a description of the way or manner the theft was committed.

        Theft in the first degree, 11.46.120

        Theft in the first degree occurs when a person takes property or services valued at $25,000 or more. This is a class B Felony.

        Theft in the second degree, 11.46.130

        Theft in the second degree occurs when a person takes property valued between $500 and $25,000; the property is a firearm or explosive; the property is taken from the actual body of another person; the property is vessel safety equipment taken from the vessel; or the property is for the airplane safety equipment taken from an aircraft. Theft in the second degree also occurs when the value of the property between $50 and $500 and the person has been convicted on two or more separate occasions of theft in the first degree, theft in the second degree, shoplifting. Theft of an access device is also considered theft in the second degree. This is a class C felony.

        Theft in the third degree, 11.46.140

        Theft in the third degree occurs when a person takes property or services valued between $50 and $500 or the value of the property is less than $50 and within the past five years, the person has been convicted two or more times of theft or shoplifting. This is a class A misdemeanor.

        Theft in the fourth degree, 11.46.150

        Theft in the fourth degree occurs when a person takes property valued at less than $50. This is a class B misdemeanor.

        Theft of lost or mislaid property, 11.46.160

        This crime occurs when a person gets property of another that he or she knows that the property was lost, mislaid or delivered by mistake and the person fails to take reasonable measures to get the property back to the original owner planning to deprive the owner of the property.

        Theft by deception, 11.46.180

        This crime occurs when a person uses deception[LGD2] to take the property from another with the intent to keep it for himself or herself or a third party. It is not enough for the prosecution to show that a promise was not performed, it requires proof that the defendant did not intent or knew would not be performed.

        Theft of services, 11.46.200

        This crime occurs when a person obtains services by deception, force, threat, or other means to avoid paying for them; diverts services that are meant for someone else; uses any part of a computer system knowing that use is not allowed; or leaving without paying for food, restaurant or other services. This statute does not apply to someone who steals cable, microwave, subscription or other forms of paid televisions if the person obtained them using a device designed to intercept electromagnetic signals.

        Theft by failure to make required disposition of funds received or held, 11.46.210

        This crime occurs when a person fails to deposit funds received or held if the person takes property or services knowing that payment is required at a later date and the person controls the property or services as their own while failing to make the required payment. It is not a defense if the person could not identify the property that belonged to the victim at the time the defendant did not make the property payment. If the defendant is a fiduciary or an officer or employee of a government of financial institution will serve as evidence that the defendant had control over the property or services, and the defendant knew of legal obligations under this law.

        Concealment of merchandise, 11.46.220

        This crime is committed whenever a person knowingly hides merchandise and leaves the commercial establishment with intent to take the merchandise without paying for it. This is a class C felony if the merchandize is a firearm; the property is valued at more $500 or more; or the value is between $50 and $500 and the defendant has been convicted of theft or this crime two or more times in the past five years. This is a class A misdemeanor if the value of property is between $50 and $500; or the value is less than $50 but the defendant has convicted of theft or this crime two or more times in the past five years. This is a class B misdemeanor if the property is valued at less than $50.

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

        Theft by receiving, 11.46.190

        This crime is committed when a person buys, receives[LGD3] , retains, conceals, or disposes of stolen property without caring that the property was stolen.

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

        Criminal trespass in the first degree, 11.46.320

        This crime is committed if a person enters or remains unlawfully on land with intent to commit a crime; or in a dwelling. This is class A misdemeanor.

        Criminal trespass in the second degree, 11.46.330

        This crime is committed if a person enters or remains unlawfully in or around premises or in a propelled vehicle. This is a class B misdemeanor.

        Defense: emergency use of premises, 11.46.340

        It is a defense if a person only entered the property or used personal property because of an emergency and as soon as possible the person contacts either the owner or the police about the entry unless there notice waiving the necessity of the report.

        Definition, 11.46.300

        For the statutes 11.46.300 – 11.46.350 the following terms are defined

        - "Enter or remain unlawfully": enter into property or a moving vehicle that is not open to the public when the person enters; the person fails to remove after being told to do so by the person in charge; or the person remains on the property or a movable vehicle in violation of a protective order.

        - A person is allowed to enter property, without intent to commit a crime, which is not fenced or marked off in some manner unless: a person is told by the owner that they are not allowed to enter or notice is posted.

        - Notice against trespass is given if the notice is printed in English; at least 144 square inches in size; has the name and address of the owner; placed at the roadway and each access point to the property; placed at each cardinal point of an island; and states specific activities which are not allowed in the area.

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

        Criminal mischief in the first degree, 11.46.475

        This crime is committed when a person intentionally damages an oil or gas pipeline or supporting facility; with intent to cause substantial interruption to the public a person interrupts utilities; or a person causes property damages greater than $100,000 by widely dangerous means. This is a class A felony.

        Criminal mischief in the second degree, 11.46.480

        This crime is committed when a person tampers with an oil or gas pipeline, supporting facility, or an airplane or helicopter without caring about the harm to property. This also occurs when a person tampers with food, air, water, drugs, or cosmetic items with the intent to cause physical injury to someone else; or delivers,[LGD4] dispenses[LGD5] , or distributes[LGD6] food, air, water, drugs or cosmetic items, that the person knows has been tempted with. This crime is a class B felony.

        Criminal mischief in the third degree, 11.46.482

        This crime is committed when a person causes more than $500 in damage to another's property with the intent to damage the property; creates a risk of damage to property over $100,000 by the use of widely dangerous means. This also occurs when a person knowingly defaces, damages, or desecrates a cemetery or any of the contents of the cemetery even if the proprety looks abandoned, lost or neglected; or if a person removes human remains or associated burial artifacts from any grave, tomb, or memorial. This is a class C felony.

        Criminal mischief in the fourth degree, 11.46.484

        This crime is committed when a person causes between $50 and $500 worth of damage to the property of another with the intent to do so; a person tampers with a fire protection device in a public building; knowingly accesses a computer system without the right to do so; descrambles an electric signal that was scrambled to prevent authorized viewing unless the person owned the device before September 18, 1984; or the person knowingly tampers with an office traffic control device. This crime is a class A misdemeanor.

        Criminal mischief in the fifth degree, 11.46.486

        A person commits this crime if a person tampers with the property of another with intent to cause a substantial inconvenience; a person causes $50 worth of damage to a property; or a person rides in a vehicle knowing that it is stolen. This is a class B misdemeanor.

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

        See the answers for criminal mischief.

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

        Factors in aggravation and mitigation, 12.55.155

        If the defendant knowingly targeted victims because of their race, sex, color, creed, physical or mental disability, ancestry, or national origin, then a sentencing court may allow for a sentence above the presumptive range set out in 12.55.125.

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

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

        Permits, 41.35.080

        The commissioner of the Alaska Historical Commission is allowed to issue permits for the excavation of any historic, prehistoric, or archeological resources of the state. The permits can only be given to persons or organizations that have the qualifications to make an excavation. If there is a historic, prehistoric, or archeological resource is of sacred, holy or of religious significance to a specific cultural group, then the consent of that group is required before a permit can be issued.

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

        Permits, 41.35.080

        The commissioner of the Alaska Historical Commission is allowed to issue permits for the removal of any historic, prehistoric, or archeological resources of the state. The permits can only be given to persons or organizations that have the qualifications to make an excavation. If there is a historic, prehistoric, or archeological resource is of sacred, holy or of religious significance to a specific cultural group, then the consent of that group is required before a permit can be issued.

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

        Historical, cultural and burial sites, 41.21.622

        Any historical, cultural, and burial site identified in the Alaska Chilkat Bald Eagle Preserve management plan are not available for surface disposal under 41.21.617.

    3. Time Limits for Bringing Criminal Action

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

        General time limitations, 12.10.010

        A person cannot be prosecuted, tried, or punished for a criminal action related to the protection of burials unless the person Is indicted or the completed is instituted within five years of the offense.

        Specific time limitation, 12.10.020

        If the offense included fraud or breach of fiduciary obligation, then the prosecution can start within one year of the discovery of the offense. This provision can only add three years to the normal period of limitations.

        When period of limitation runs, 12.10.030

        Time limit begins to run the day after the offense is committed. The offense is committed after ever element occurs. A prosecution is commenced when the defendant is indicted, or when a warrant is issued.

        When period of limitation does not run, 12.10.040

        The time limits do not run when the defendant leaves the state, or is outside of the normal place of abode in order to avoid prosecution. This provision can not extend the normal time limits more than three years. The time limits do not run when a prosecution against the defendant for the same conduct is pending in the state.

    4. Time Limits for Bringing Civil Action

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

        General limitations on civil actions, 09.10.010

        A person can only initiate a civil action with the limits given in the chapter except when a different limitation is prescribed by statute.

        Actions to recover real property, 09.10.030

        A person, who has an ownership interest in real property, can bring an action at any time in order to obtain quiet title to that property; or eject a person from that property. Any other action for recovery of real property must be brought within ten years.

        Contract actions to be brought in three years, 09.10.053

        A person can only bring a civil action upon a contract or liability within three year unless the law provides otherwise or this was waived by contract.

        Actions for certain statutory penalties to be brought in three years, 09.10.060

        A person can only bring a civil action for penalty or forfeiture within three years, except where the statute imposes a different limitation.

        Actions for torts, for injury to personal property, for certain statutory liabilities, and against peace officers and coroners to be brought in two years, 09.10.070

        A person can only bring a civil action against a coroner for a liability incurred by acting in official capacity, or omission of a official duty, within two years.

        Other actions in 10 years, 09.10.100

        A civil action for any other action related to burials must be brought within ten years.

        Effect of absence from state or concealment, 09.10.130

        If a person is out of the state or is hiding in the state, the time period starts when the person returns to the state or is no longer hiding. The time limit does not run if the person leaves, or hides in the state, after the time limit starts.

  2. Sanctions

    1. Criminal

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

        Sentences of imprisonment for felonies, 12.55.125

        (a) A defendant convicted of murder in the first degree, or murder of an unborn child can be sentenced to between 20 and 99 years. A defendant convicted of murder in the first degree will be sentenced to 99 years when

        a. The defendant killed a uniformed or clearly identified peace office, fire fighter or correctional employee was engaged in the performance of official duties;

        b. The defendant was previously convicted of murder in the first degree; murder in the second degree; homicide in another jurisdiction when the elements were similar to murder in the first on second degree;

        c. The court finds clear and convincing evidence that the defendant physically tortured the victim;

        d. The defendant personally caused the death of a person, other than a participant, during a robbery; or

        e. The court finds clear and convincing evidence that the defendant was a peace officer who used his or her authority to committee the murder.

        (b) A defendant convicted of either attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, kidnapping, or misconduct involving a controlled substance in the first degree will be sentenced to between five and 99 years. A defendant convicted of murder in the second degree or murder of an unborn child under AS 11.41.150 will be sentenced to jail time between ten and 99 years. A defendant convicted of murder in the second degree will be sentenced to jail time between 20 and 99 years if the victim was under the age of 16 and the defendant was a parent, stepparent, adoptive parent, guardian or other position of authority over the victim; or killed the child by committing a crime under 11.41.200.

        (c) A defendant convicted of a class A felony might be sentenced to jail time of not more than twenty years if the offense is the first felony conviction and does not involve a firearm, caused serious physical harm, directed the conduct at an official officer of the state, or if the conviction is for manufacturing methamphetamine in a building that is lodging for one or more children under the age of eighteen or the defendant got help from a child under the age of eighteen. If the offense is a second felony conviction, the jail time will be ten to fourteen years. If the offense is a third felony conviction, the jail time will be fifteen to twenty years.

        (d) A class B felony may be sentenced to jail time of no more than ten years, and will be sentenced within the following ranges

        a. If a first felony conviction and does not involve homicide of a child under sixteen years old or the attempted manufacture of methamphetamine in a building occupied with children under the age of sixteen or children helped in the manufacturing of the drug, then the jail time will be between one and three years

        b. If the offense is a first felony conviction and involves homicide of a child under the age of sixteen, then the jail time will be between two to four years. If the offense involves the attempted production of methamphetamine in a building with children under the age of sixteen or a children under the age of eighteen helped in the production of the drug, then the jail time will between two and four years.

        c. If the offense is a second felony conviction then the jail time will be between four and seven years.

        d. If the offense is a third felony conviction then the jail time will be between six and ten years.

        (e) A defendant convicted of a class C felony may be sentenced to jail time of no more than five years and subject to the following ranges

        a. If the offense is a first felony conviction and is not a person who violated a state statute or regulation about waste of wildlife hunting then the jail time will be between zero and two years.

        b. If the offense is a second felony conviction, then the jail time will be between two and four years.

        c. If the offense is a third felony conviction then the jail time will be between three and five years.

        d. If the offense is a first felony conviction and is a violation of a state statute or regulation about wasteful wildlife hunting then the jail time will be between one and two years.

        Fines, 12.55.035

        An individual can be charged a maximum fine as follows

        - $500,000 for murder in the first or second degree, attempted murder in the first degree, murder of unborn child, sexual assault in the first degree, sexual abuse of a minor in the first degree, kidnapping, promoting prostitution, or misconduct involved with a controlled substance in the first degree

        - $250,000 for a class A felony

        - $100,000 for a class B felony

        - $50,000 for a class C felony

        - $10,000 for a class A misdemeanor

        - $2,000 for a class B misdemeanor

        - $500 for other violations

        An organization can be charged a maximum fine as follows

        - $1,000,000 for a felony offense or any misdemeanor offense that results in death

        - $200,000 for a class A misdemeanor that does not result in death

        - $25,000 for a class B misdemeanor that does not result in death

        - $10,000 for a violation

        - A court can also decide to issue a fine that is three times the profit the defendant earned because of the offense or three times the lost caused by the defendant

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

        Classification of offenses, 11.81.250

        For the most part, crimes are classified based on the seriousness of the crime based on the type of injury caused or risked by the offense. The following categories of misdemeanors and felonies exist:

        - Class A felonies: usually involve conduct that either causes or substantial risk of serious physical injury to a person

        - Class B felonies: usually involve conduct less severe than a class A felony or involve aggravate offenses against property interests or against public administration

        - Class C felonies: usually involve conduct severe enough to be a felony but not as severe enough to be class A or B

        - Class A misdemeanors: usually involve conduct that is less severe violence against a person, property interests, public administration, or public health and decency

        - Class B misdemeanors: usually involve a minor risk of physical harm to a person, minor offenses against property interests, public administration, or public health and decency

        - Other violations which are inappropriate to an orderly society but which do not have criminality

        For the most part, any felony that does not have a penalty specified will be a class C felony. Any misdemeanor defined outside of the statutes will have be a class A misdemeanor.

    2. Civil or Administrative

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

        Civil penalties, 41.35.215

        In addition to other legal penalties and remedies, any person who violates 41.35.200 is subject to an additional civil penalty of a maximum $100,000 for each violation.

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

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

  3. Preservation of Burials and Compliance Therewith

    1. Laws Related to Preservation of Burials

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

        Suspension of the power of alienation, 34.27.100

        The rule against perpetuities does not apply to a transfer to a cemetery corporation, society, or association.

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

        Eminent domain, 29.35.030

        A municipality may exercise the powers of eminent domain over property, if it is a second class city, then the power of eminent domain can only happen after a special election. Eminent domain cannot be used to acquire private property to transfer to another private person [LGD7] for economic development [LGD8] except for certain circumstances.

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

        Creation, conveyance, acceptance, and duration, 34.17.010

        A conservation easement can be created, conveyed, recorded, assigned, released, modified, terminated, or altered in the same manner as other easement. The easement is not valid until it is accepted by the holder of the easement and it is recorded. Unless the agreement or a court says otherwise, conservation easements are unlimited in duration. An interest in real property that existed when the conservation easement was created is not impaired unless the owner of the interest is a part of the easement, or consents to it. The state cannot seize land through eminent domain to create a conservation easement.

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

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

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

        Transfer of cemetery lots, 10.30.100

        A cemetery association or nonprofit cemetery corporation is allowed to create regulations concerning the transfer and disposition of cemetery lots.

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

        Sale of unsuitable land, 10.30.110

        A cemetery association or nonprofit cemetery is allowed to sell cemetery land that they consider the land is unsuitable for burials. The proceeds to the general purposes of the association or corporation.

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

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

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

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

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

        Preservation of historic, prehistoric, and archeological resources threatened by public construction, 41.35.070

        (a) The Alaska Historical Commission locates, identifies, and preserves information about the locations of historic, prehistoric, and archeological sites.

        (b) Before the state, or a private person contracted by the state, begins construction, the department is allowed to survey the area to determine if it contains historic, prehistoric, or archeological values.

        (c) If the department determines that a historic, prehistoric, or archeological site will be adversely affected by the construction, the construction will not start until the department has gone through the necessary investigation of the site. The investigation, recording, and salvage work should happen as quickly as possible to minimize the delay on the construction project.

        (d) If a historic, prehistoric, or archeological site is discovered during public construction, then the department shall be notified, and the project will not go forward until the department determines it can go forward. If the department determines that the site is significant and should be collected, then the department should collect any data feasible.

        (e) If the department does not give approval for the project to go forward after ninety days, the agency can ask the governor for permission to move forward.

        (f) The agency sponsoring the project will bear the cost of investigation, recording, and salvage of the site.

        (g) Other than the sections in this statute, all actions to stop a project will first be approved in writing by the commissioner.

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

        Permits, 41.35.080

        The commissioner of the Alaska Historical Commission can issue permits for the excavation of any historic, prehistoric, or archeological resources on state property. The permit can only be given to persons or organizations that are qualified to make an excavation, and the results will be made available to the general public. If the resource is located on the site which is sacred, holy, or of religious significance to a cultural group, then the group must give consent before the permit may be issued.

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

        Excavation and removal of historic, prehistoric, or archeological remains on private land, 41.35.100

        Before the department, the Alaska Historic Commission, removes historic, prehistoric, or archeological remains from private land, the owner must given written consent. If the excavation or removal causes any loss of value of the private land, then the owner will be compensated.

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

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

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

        Permits, 18.50.250

        In order for a body to buried, or brought into the state for burial, the local registrar of the registration district where the death occurred has to issue a burial-transit permit when a certificate of death has been filed.

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

        Permits, 18.50.250

        A permit for disternment and reinterment is required before a body can be removed except as authorized by regulation.

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

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

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

        Permits, 41.35.080

        The commissioner of the Alaska Historical Commission can issue permits for the excavation of any historic, prehistoric, or archeological resources on state property. The permit can only be given to persons or organizations that are qualified to make an excavation, and the results will be made available to the general public. If the resource is located on the site which is sacred, holy, or of religious significance to a cultural group, then the group must give consent before the permit may be issued.

        Establish of historical districts, 29.55.020

        A municipal authority is allowed to create a historical district in order to preserve, protect, and maintain historic sites. A historical district will contain two of more structures that are important to the history of the state in a compact area. A structure important to the history of the state includes properties that are characteristic of early Native heritage, or reflecting the indigenous characteristics of Native culture in Alaska.

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

        Areas unsuitable for surface coal mining, 27.21.260

        The commission can designate an area unsuitable for all or certain types of surface coal mining if operations in the area will affect historic land and the operations could significantly damage historical sites.

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

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

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

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

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

        Regulations, 18.05.040

        The commissioner will adopt regulations, consistent with existing law, for the transportation of dead bodies. However, the commissioner cannot require that a body be embalmed unless the body carries a communicable disease or is required for the protection of human health or by federal law.

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

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

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

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

        Permits, 18.50.250

        In order for a body to buried, or brought into the state for burial, the local registrar of the registration district where the death occurred has to issue a burial-transit permit when a certificate of death has been filed.

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

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

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

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

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

  6. Decision-Making

    1. Authorities Empowered to Make Decisions Affecting Burials

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

        Formation of cemetery association, 10.30.010

        Five or more persons living in the same recording district may form into a cemetery association, and elect at least three of the members to serve as trustees, and one to serve as clerk.

        Formation of nonprofit cemetery corporation, 10.30.055

        Instead of forming as a cemetery association, then a cemetery may form as a non-profit corporation.

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

        Permits, 41.35.080

        Permits for archaeological field excavations can only be given to persons or organizations that are qualified to make an excavation, and the results will be made available to the general public.

      3. Who has custody rights of discovered human remains?

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

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

        Title to historic, prehistoric, and archeological resources; local display, 41.35.020

        The state has the title to all historic, prehistoric, and archeological resources situated on land that belongs to the state. Local cultural groups may obtain the artifacts for study or display if the resources of from their cultures or areas if the Alaska Historic Commission finds that the group has a suitable structure to house the item, the item will not be hurt during transportation, and the item does not require special treatment that the group cannot provide.

      5. What rights do nonresidents of the state maintain?

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

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

        Enforcement authority, 41.35.220

        Employees of the department authorized by the commissioner of the Alaska Historic Commission, peace officer in the state, and any other person authorized by the commissioner.

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

        Title to historic, prehistoric, and archeological resources; local display, 41.35.020

        The state of Alaska, has the right to control all historic, prehistoric, and archeological resources found on state lands including tidelands and submerged lands.

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

        Composition of commission, 41.35.310

        The following persons sit on the Alaska Historic Commission

        - The lieutenant governor

        - State liaison officer appointed under the National Historic Preservation Act of 1966

        - Three person with professional backgrounds from history, architecture, and archeology

        - One person to represent indigenous groups

        - Two persons appointed from a list of nominees from the Alaska Historical Society

        - One other person

        Appointment of members, 41.35.320

        The governor appoints members of the Commission, and the legislature approves them.

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

        No separate state historic preservation board exists in this state.

  7. Scope of Authority

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

        Power to acquire and dispose of lands, and exemption from execution, taxation, and public appropriation, 10.30.060

        A cemetery association has the power to acquire land (no more than eighty acres) for the sole purpose of a cemetery.

        Transfer of cemetery lots, 10.30.100

        A cemetery association can adopt regulations that regulate the transfer of cemetery lots.

        Sale of unsuitable land, 10.30.110

        The trustees of a cemetery association have the power to sell portions of cemetery land deemed unsuitable.

      2. How are cemetery sales records to be kept?

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

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

        Power to acquire historic, prehistoric, or archeological properties, 41.35.060

        The department can acquire property that has a statewide historic, prehistoric, or archeological significance by gift or purchase. If the department decides that the property near the property with a historic significance needs to be protected, it is allowed to acquire that property as well. If the state finds out that property is in danger of being sold or used in a manner that harms historic value, the department can restrict the use of the property in order to protect the value. If the owner of the property does not want to follow the restriction, then the state may use eminent domain to acquire the property.

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

        Duties and powers of Department of Natural Resources; limitations, 41.21.020

        The Department of Natural Resources manages state parks and recreational areas.

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

        Establishment of historical districts, 29.55.020

        Local historical district commission can create historical districts within the boundaries of the municipality. The historical district has to contain two or more structures import in state or national history that are in close proximity to each other.

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

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

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

        Duties of the commission, 41.35.350

        The duties of the commission are to

        - Survey and catalog Alaska prehistory and history print materials

        - Register what Alaska prehistory and history work is currently underway

        - Identify gaps in the coverage of Alaska's past in research and establish programs to cover those areas

        - Prepare a thematic study of Alaska's history for historic preservation

        - Identify sources of the state's history

        - Coordinate the publishing of works that will cover all of Alaska's history

        - Cooperate with the federal government in programs relating to archaeology and history

        - Develop criteria for evaluating state monuments and historic sites and real or personal property that might be historically important enough for the state to acquire ownership of them

        - Cooperate with the department to formulate and administer a statewide historic sites survey under the National Historic Preservation Act of 1966

        - Review surveys and historic preservation plans that are required by the National Historic Preservation Act, and approve properties for nomination to the National Register.

        - Provide assistance to the government and legislature for creating state policies and programs for the preservation of that the state's historic resources

        - Work with local historic district commissions about the establish of historical districts and approve plans for the creation of the historical districts and evaluate the proposed plans for possible loans

        - Determine the names and spelling of geographic features in the state

        - Give names to geographic features in the state which have no single acceptable name in use

        - Cooperate with local governments to change the names of geographic features in order to avoid duplication in the state

        - Prepare and publish an official state dictionary of geographic names

        - Serve as state representative on the United States Board on Geographic Names and cooperate with the federal government to prevent conflicts between state and federal designations of geographic features

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

        Designation of monuments and historic sites, 41.35.030

        The governor can declare any historic, prehistoric, or archeological structure that is on state owned land a state monument or historic site. If the site is located on a private land, it can still be declared a state monument or historic site as long as the owner gives written consent.

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

        There is no separate state archaeological commission.

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

        Preservation of historic, prehistoric, and archeological resources threatened by public construction, 41.35.070

        The department has the ability to investigate and salvage any historic property that is threatened by public construction.

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

        Definitions, 41.35.230

        The Alaska Historical Commission regulates deposits, structures, ruins, sites, buildings, graves, artifacts, fossils, or other objects of antiquity which relate to the historic or prehistoric cultural of the people in Alaska, or the natural history of the state.

  8. Special Funding Sources

    1. Special Funding for Protection and Preservation of Burials

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

        Disposition of income from cemetery land, 10.30.080

        All income from cemetery land can only be used to pay for laying out, preserving, protecting, and embellishing the cemetery and avenues up to it. Cemetery associations can also use the income to build any buildings that are necessary or convenient for the cemetery, and to pay for all necessary expenses of the association or corporation.

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

        Acquisitions, 14.57.100

        Any net income of the Alaska heritage endowment fund can be used to acquire culturally or historically significant artifacts for the Alaska State Museum and the Sheldon Jackson Museum.

        Administration and financial support of monuments and historic sites, 41.35.040

        Any state owned historic, prehistoric or archeological property is maintained using funds appropriated to the department. Privately owned sites can apply for state support if the sites are left open to the general public, and the owner agrees to follow any state regulation to preserve the site.

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

        Creation and use of irreducible fund, 10.30.070

        A cemetery association is allowed to set aside a percentage of income from sales of cemetery lots and donations to a irreducible fund that will be used for any purpose that the board feels proper. The interest on the fund can only be used to pay for preservation of the cemetery grounds, buildings, and property, or to pay for the purchase of land or equipment for creation or improvement of buildings on the cemetery land.

      4. How are state historic archives maintained?

        Archival and records program creation and administration, 40.21.020

        In the Department of Education and Early Development, there is an Alaska State Archives. The Department must create the position of the state archivist and appoints a person who is qualified to work on archives. The state archivist is in charge of the historic archives.

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

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

      6. What funding exists for state historical education efforts?

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

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

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

    2. Special Funding for Public Lands

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

        Administration and financial support of monuments and historic sites, 41.35.040

        Historic, prehistoric, or archeological properties[LGD9] located on public land are maintained by funds that given to the department.

    3. Special Funding for Private Lands

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

        Administration and financial support of monuments and historic sites, 41.35.040

        Historic, prehistoric, or archeological properties[LGD10] located on private land can receive state support to maintain the sites so long as the site is open to the general public and the owner conforms with the regulations from the commissioner.

  9. State Recognition of Constituent Groups

    1. Laws Recognizing or Acknowledging Constituent Groups

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

        Alaska native organizations' family assistance programs, 47.27.070

        The Department of Health and Social Services is only allowed to coordinate with the following Alaska Native organizations

        - Arctic Slope Native Association

        - Kawerak, Inc.

        - Maniilaq Association

        - Association of Village Council presidents

        - Tanana Chiefs Conference

        - Cook Inlet Tribal Council

        - Bristol Bay Native Association

        - Aleutian and Pribilof Island Association

        - Chugachmiut

        - Tlingit Haida Central Council

        - Kodiak Area Native Association

        - Cooper River Native Association

        - Metlakatla Indian Community of the Annette Islands Reserve

      2. What tribes are recognized by the state?

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

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

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

    2. Compliance Laws

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

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

    3. Regulatory Laws

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

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

    4. Decision-Making Authorities

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

        Permits, 41.35.080

        If the commissioner of the Alaskan Historic Commission wants to issue a permit for the excavation, investigation, or removal of a historic, prehistoric, or archeological resource from a sacred site for a cultural group, the cultural group must give consent first.

      2. How are Indian sacred sites regulated?

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

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

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

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

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

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

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

      6. Is there a state Indian cultural heritage commission?

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

    5. Special Funding

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

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




[1] All citations refer to the Alaska State Code, which can be accessed at http://www.legis.state.ak.us/basis/folioproxy.asp?url=http://wwwjnu01.legis.state.ak.us/cgi-bin/folioisa.dll/stattx09?

[2] The following warning is on the website for the Alaska State Code: "WARNING: These Infobases are not the official versions of the Alaska statutes and regulations currently in effect. The Infobases may contain errors or omissions. They will not contain information that has been inserted after their preparation. These Infobases are intended as informational guides only. The State of Alaska makes no warranty, express or implied, of the accuracy of the Infobases. To be certain of the current version of the statutes and regulations, please refer to the official printed version of the statutes and regulations."


[LGD1]"historic, prehistoric, and archeological resources" includes deposits, structures, ruins, sites, buildings, graves, artifacts, fossils, or other objects of antiquity which provide information pertaining to the historical or prehistorical culture of people in the state as well as to the natural history of the state.

[LGD2]"deception" has the meaning ascribed to it in AS 11.81.900but does not include falsity as to matters having no pecuniary significance or "puffing" by statements unlikely to deceive reasonable persons in the group addressed.

[LGD3]"receives" includes acquiring possession, control, or title, or lending on the security of the property.

[LGD4]"deliver" means the actual, constructive, or attempted transfer from one person to another of food, air, water, or an item;

[LGD5]dispense" means to deliver a drug to an ultimate user or research subject by or under the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery

[LGD6]"distribute" means to deliver food, air, water, or an item, whether or not there is any money or other item of value exchanged; it includes sale, gift, or exchange

[LGD7]"private person" means a person that is not a public corporation as defined in AS 45.77.020 or a government as defined in AS 11.81.900

[LGD8]"economic development" means development of property for a commercial enterprise carried on for profit or to increase tax revenue, tax base, or employmen

[LGD9]This term includes graves

[LGD10]This term includes graves


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