Alabama 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?

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1.

        It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial for the dead. This includes any fence, railing, curb or any enclosure for the protection or ornamentation of any tomb, monument, gravestone burial mound, earthen or shell monument, containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead. It is a misdemeanor to destroy, remove, cut, break, or injure any tree, shrub plant, flower, decoration, or other real or personal property within any cemetery or graveyard. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public and private land. The penalty for this crime is a term of imprisonment not more than one year, and/or a fine of not more than $2,000.

        (b) It is a felony to injure, deface, remove, or destroy any tomb, monument, structure or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains. A finding of guilty for this offense must include a specific intent toward the human remains in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        (c) The provisions of sections (a) and (b) do not apply to anyone holding a permit issued by the Alabama Historical Commission. They do not apply to anyone operating a cemetery under standard rules and regulations or to anyone authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents.

        (d) The Alabama Historical Commission shall promulgate rules and regulations for issuing permits providing for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects. It may issue permits to people or companies for restoring, preserving or relocating human burial remains, human skeletal remains, funerary objects or otherwise disturbing a place of burial.

        Nonresidents not to explore or excavate remains or carry away from state objects discovered therein, Ala. Code § 41-3-2.

        Non-residents and their agents may not explore or excavate aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites. They may not send artifacts out of state. Alabama reserves the right of ownership to these objects.

        Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations, Ala. Code § 41-3-4.

        No explorations or excavations shall be made which will destroy, deface or permanently injure remains. After any explorations or excavations, they shall be restored to the same or like condition as before.

        Permission to excavate, Ala. Code § 13A-7-23.1 (c) (d).

        The Alabama Historical Commission may issue permits for those who seek to restore, preserve or relocate human burial remains, human skeletal remains, funerary objects, or otherwise disturb, a place of burial. Permit holders are not guilty of a crime under section 13 of the Alabama code. The Alabama Historical Commission may promulgate rules and regulations regarding the burial sites.

        Exploration or excavation of aboriginal mounds, earthworks contrary to law, Ala. Code § 41-3-6.

        It is a misdemeanor to explore or excavate aboriginal mounds, earthworks or other antiquities contrary to state law. The penalty for this crime is a fine of up to $1,000 per offense.

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

        Theft or disturbance of a cultural resource, Ala. Code § 41-9-297.

        It is a crime to remove, alter, disturb, destroy, buy, possess, conceal or aid in concealing any cultural resource without a permit. It is a felony if the value of the resource is more than $1,000; the penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. It is a misdemeanor if the value of the resource is less than $1,000; the penalty for this crime is imprisonment for no more than one year and/or a fine of no more than $2,000.

        Abuse of a corpse, Ala. Code § 13A-11-13.

        It is a felony to treat a human corpse in a way that would outrage ordinary family sensibilities unless it is specifically allowed by law. Abuse of a corpse may include signing a certificate as having embalmed, cremated, or prepared a human body for burial when, in fact, the services were not performed as indicated. A finding of guilty for this offense must include a specific intent toward the corpse in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1.

        (a) It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial for the dead or any fence, railing, curb or any enclosure for the protection or ornamentation of any tomb, monument, gravestone burial mound, earthen or shell monument, containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead. It is a misdemeanor to destroy, remove, cut, break, or injure any tree, shrub plant, flower, decoration, or other real or personal property within any cemetery or graveyard. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public and private land. The penalty for this crime is a term of imprisonment not more than one year, and/or a fine of not more than $2,000.

        (b) It is a felony to injure, deface, remove, or destroy any tomb, monument, structure or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains. A finding of guilty for this offense must include a specific intent toward the human remains in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        (c) The provisions of sections (a) and (b) do not apply to anyone holding a permit issued by the Alabama Historical Commission. They do not apply to anyone operating a cemetery under standard rules and regulations or to anyone authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents.

        (d) The Alabama Historical Commission shall promulgate rules and regulations for issuing permits providing for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects. It may issue permits to people or companies for restoring, preserving or relocating human burial remains, human skeletal remains, funerary objects or otherwise disturbing a place of burial.

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

        Theft or disturbance of a cultural resource, Ala. Code § 41-9-297.

        It is a crime to remove, alter, disturb, destroy, buy, possess, conceal or aid in concealing any cultural resource without a permit. It is a felony if the value of the resource is more than $1,000; the penalty is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. It is a misdemeanor if the value of the resource is less than $1,000; the penalty is imprisonment for no more than one year and/or a fine of no more than $2,000.

        Abuse of a corpse, Ala. Code § 13A-11-13.

        It is a felony to treat a human corpse in a way that would outrage ordinary family sensibilities, unless the action is specifically allowed by law. Abuse of a corpse may include signing a certificate as having embalmed, cremated, or prepared a human body for burial when, in fact, the services were not performed as indicated. A finding of guilty for this offense must include a specific intent toward the corpse in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1.

        (a) It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial for the dead or any fence, railing, curb or any enclosure for the protection or ornamentation of any tomb, monument, gravestone burial mound, earthen or shell monument, containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead. It is a misdemeanor to destroy, remove, cut, break, or injure any tree, shrub plant, flower, decoration, or other real or personal property within any cemetery or graveyard. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public and private land. The penalty for this crime is a term of imprisonment not more than one year, and/or a fine of not more than $2,000.

        (b) It is a felony to injure, deface, remove, or destroy any tomb, monument, structure or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains. A finding of guilty for this offense must include a specific intent toward the human remains in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        (c) The provisions of sections (a) and (b) do not apply to anyone holding a permit issued by the Alabama Historical Commission. They do not apply to anyone operating a cemetery under standard rules and regulations or to anyone authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents.

        (d) The Alabama Historical Commission shall promulgate rules and regulations for issuing permits providing for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects. It may issue permits to people or companies for restoring, preserving or relocating human burial remains, human skeletal remains, funerary objects or otherwise disturbing a place of burial.

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

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1.

        (a) It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial for the dead or any fence, railing, curb or any enclosure for the protection or ornamentation of any tomb, monument, gravestone burial mound, earthen or shell monument, containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead. It is a misdemeanor to destroy, remove, cut, break, or injure any tree, shrub plant, flower, decoration, or other real or personal property within any cemetery or graveyard. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public and private land. The penalty for this crime is a term of imprisonment not more than one year, and/or a fine of not more than $2,000.

        (b) It is a felony to injure, deface, remove, or destroy any tomb, monument, structure or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains. A finding of guilty for this offense must include a specific intent toward the human remains in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        (c) The provisions of sections (a) and (b) do not apply to anyone holding a permit issued by the Alabama Historical Commission. They do not apply to anyone operating a cemetery under standard rules and regulations or to anyone authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents.

        (d) The Alabama Historical Commission shall promulgate rules and regulations for issuing permits providing for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects. It may issue permits to people or companies for restoring, preserving or relocating human burial remains, human skeletal remains, funerary objects or otherwise disturbing a place of burial.

        Theft or disturbance of a cultural resource, Ala. Code § 41-9-297.

        It is a crime to remove, alter, disturb, destroy, buy, possess, conceal or aid in concealing any cultural resource without a permit. It is a felony if the value of the resource is more than $1,000; the penalty is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. It is a misdemeanor if the value of the resource is less than $1,000; the penalty is imprisonment for no more than one year and/or a fine of no more than $2,000.

        Seizure of equipment, Ala. Code § 41-9-298. When a person is convicted of Theft or Disturbance of a Cultural resource under Section 41-9-297, all boats, instruments, and other equipment used directly in connection with the offenses are declared to be contraband. They will be seized and brought before the court for proper disposal.

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

        Desecration of venerated objects, Ala. Code § 13A-11-12.

        It is a misdemeanor to any public monument or structure or places of worship or burial. The penalty for this crime is imprisonment for no more than one year, and/or a fine of no more than $2,000.

        Theft or disturbance of a cultural resource, Ala. Code § 41-9-297.

        It is a crime to remove, alter, disturb, destroy, buy, possess, conceal or aid in concealing any cultural resource without a permit. It is a felony if the value of the resource is more than $1,000; the penalty is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. It is a misdemeanor if the value of the resource is less than $1,000; the penalty is imprisonment for no more than one year and/or a fine of no more than $2,000.

        Seizure of equipment, Ala. Code § 41-9-298. When a person is convicted of Theft or Disturbance of a Cultural resource under Section 41-9-297, all boats, instruments, and other equipment used directly in connection with the offenses are declared to be contraband. They will be seized and brought before the court for proper disposal.

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1.

        (a) It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial for the dead or any fence, railing, curb or any enclosure for the protection or ornamentation of any tomb, monument, gravestone burial mound, earthen or shell monument, containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead. It is a misdemeanor to destroy, remove, cut, break, or injure any tree, shrub plant, flower, decoration, or other real or personal property within any cemetery or graveyard. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public and private land. The penalty for this crime is a term of imprisonment not more than one year, and/or a fine of not more than $2,000.

        (b) It is a felony to injure, deface, remove, or destroy any tomb, monument, structure or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains. A finding of guilty for this offense must include a specific intent toward the human remains in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        (c) The provisions of sections (a) and (b) do not apply to anyone holding a permit issued by the Alabama Historical Commission. They do not apply to anyone operating a cemetery under standard rules and regulations or to anyone authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents.

        (d) The Alabama Historical Commission shall promulgate rules and regulations for issuing permits providing for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects. It may issue permits to people or companies for restoring, preserving or relocating human burial remains, human skeletal remains, funerary objects or otherwise disturbing a place of burial.

      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?

        Desecration of venerated objects, Ala. Code § 13A-11-12.

        It is a misdemeanor to any public monument or structure or places of worship or burial. The penalty for this crime is imprisonment for no more than one year, and/or a fine of no more than $2,000.

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1.

        (a) It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial for the dead or any fence, railing, curb or any enclosure for the protection or ornamentation of any tomb, monument, gravestone burial mound, earthen or shell monument, containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead. It is a misdemeanor to destroy, remove, cut, break, or injure any tree, shrub plant, flower, decoration, or other real or personal property within any cemetery or graveyard. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public and private land. The penalty for this crime is a term of imprisonment not more than one year, and/or a fine of not more than $2,000.

        (b) It is a felony to injure, deface, remove, or destroy any tomb, monument, structure or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains. A finding of guilty for this offense must include a specific intent toward the human remains in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        (c) The provisions of sections (a) and (b) do not apply to anyone holding a permit issued by the Alabama Historical Commission. They do not apply to anyone operating a cemetery under standard rules and regulations or to anyone authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents.

        (d) The Alabama Historical Commission shall promulgate rules and regulations for issuing permits providing for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects. It may issue permits to people or companies for restoring, preserving or relocating human burial remains, human skeletal remains, funerary objects or otherwise disturbing a place of burial.

        Theft or disturbance of a cultural resource, Ala. Code § 41-9-297.

        It is a crime to remove, alter, disturb, destroy, buy, possess, conceal or aid in concealing any cultural resource without a permit. It is a felony if the value of the resource is more than $1,000; the penalty is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. It is a misdemeanor if the value of the resource is less than $1,000; the penalty is imprisonment for no more than one year and/or a fine of no more than $2,000.

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

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1.

        (a) It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial for the dead. That includes any fence, railing, curb or any enclosure for the protection or ornamentation of any tomb, monument, gravestone burial mound, earthen or shell monument, containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead. It is a misdemeanor to destroy, remove, cut, break, or injure any tree, shrub plant, flower, decoration, or other real or personal property within any cemetery or graveyard. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public and private land. The penalty for this crime is a term of imprisonment not more than one year, and/or a fine of not more than $2,000.

        (b) It is a felony to injure, deface, remove, or destroy any tomb, monument, structure or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains. A finding of guilty for this offense must include a specific intent toward the human remains in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        (c) The provisions of sections (a) and (b) do not apply to anyone holding a permit issued by the Alabama Historical Commission. They do not apply to anyone operating a cemetery under standard rules and regulations or to anyone authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents.

        (d) The Alabama Historical Commission shall promulgate rules and regulations for issuing permits providing for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects. It may issue permits to people or companies for restoring, preserving or relocating human burial remains, human skeletal remains, funerary objects or otherwise disturbing a place of burial.

        Theft or disturbance of a cultural resource, Ala. Code § 41-9-297.

        It is a crime to remove, alter, disturb, destroy, buy, possess, conceal or aid in concealing any cultural resource without a permit. It is a felony if the value of the resource is more than $1,000; the penalty is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. It is a misdemeanor if the value of the resource is less than $1,000; the penalty is imprisonment for no more than one year and/or a fine of no more than $2,000.

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

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1.

        It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial for the dead or any fence, railing, curb or any enclosure for the protection or ornamentation of any tomb, monument, gravestone burial mound, earthen or shell monument, containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead. It is a misdemeanor to destroy, remove, cut, break, or injure any tree, shrub plant, flower, decoration, or other real or personal property within any cemetery or graveyard. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public and private land. The penalty for this crime is a term of imprisonment not more than one year, and/or a fine of not more than $2,000.

        Theft or disturbance of a cultural resource, Ala. Code § 41-9-297.

        It is a crime to remove, alter, disturb, destroy, buy, possess, conceal or to aid in concealing any cultural resource without a permit. It is a felony if the value of the resource is more than $1,000; the penalty is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. It is a misdemeanor if the value of the resource is less than $1,000; the penalty is imprisonment for no more than one year and/or a fine of no more than $2,000.

      10. What specific laws restrict the alienation of historic burial places?

        Declaration for abandonment of cemetery and removal of human remains interred therein -- Adoption, etc., Ala. Code § 11-47-60.

        Heirs of every deceased person must be notified, if possible, and notice about the abandonment must be published before bodies are removed and cemetery land is sold.

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

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1.

        (a) It is a misdemeanor to injure, deface, remove, or destroy any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial for the dead or any fence, railing, curb or any enclosure for the protection or ornamentation of any tomb, monument, gravestone burial mound, earthen or shell monument, containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead. It is a misdemeanor to destroy, remove, cut, break, or injure any tree, shrub plant, flower, decoration, or other real or personal property within any cemetery or graveyard. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public and private land. The penalty for this crime is a term of imprisonment not more than one year, and/or a fine of not more than $2,000.

        (b) It is a felony to injure, deface, remove, or destroy any tomb, monument, structure or container of human remains, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, and invades or mutilates the human corpse or remains. A finding of guilty for this offense must include a specific intent toward the human remains in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        (c) The provisions of sections (a) and (b) do not apply to anyone holding a permit issued by the Alabama Historical Commission. They do not apply to anyone operating a cemetery under standard rules and regulations or to anyone authorized by law to remove or disturb a tomb, monument, grave marker, burial mound, earthen or shell monument, or similar structure, or its contents.

        (d) The Alabama Historical Commission shall promulgate rules and regulations for issuing permits providing for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects. It may issue permits to people or companies for restoring, preserving or relocating human burial remains, human skeletal remains, funerary objects or otherwise disturbing a place of burial.

        Theft or disturbance of a cultural resource, Ala. Code § 41-9-297.

        It is a crime to remove, alter, disturb, destroy, buy, possess, conceal or aid in concealing any cultural resource without a permit. It is a felony if the value of the resource is more than $1,000; the penalty is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. It is a misdemeanor if the value of the resource is less than $1,000; the penalty is imprisonment for no more than one year and/or a fine of no more than $2,000.

      12. What are the general state criminal laws for abuse of a corpse?

        Abuse of a corpse, Ala. Code § 13A-11-13.

        It is a felony to treat a human corpse in a way that would outrage ordinary family sensibilities, unless the action is specifically allowed by law. Abuse of a corpse may include signing a certificate as having embalmed, cremated, or prepared a human body for burial when, in fact, the services were not performed as indicated. A finding of guilty for this offense must include a specific intent toward the corpse in question. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

      13. What other general state criminal laws affect human remains and burial places?

        Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations, Ala. Code § 41-3-4.

        Explorations or excavations shall not destroy, deface or permanently injure remains. After any explorations or excavations, the remains will be restored to the same or like condition.

        Prohibited actions, Ala. Code § 8-30-3.

        It is a misdemeanor to misrepresent facts while selling or offering to sell cemetery property, burial lots, burial rights, burial services, or burial merchandise. The penalty for this offense is imprisonment for no more than one year and/or a fine of no more than $2,000.

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

        Theft Definition, Ala. Code § 13A-8-2.

        A person commits theft then he exerts unauthorized or deceptive control over another person’s property, property in the custody of a law enforcement official or property left at a drop box for charity. A finding of guilty for this offense must include intent to deprive the owner of the use of the property.

        First-degree Theft, Ala. Code § 13A-8-3.

        It is first-degree theft, a felony, to steal property that is: on someone’s person; worth more than $2,500; or is a vehicle, regardless of its value. The penalty for this offense is imprisonment for not more than 20 years and a fine of not more than $10,000.

        Second-degree Theft, Ala. Code § 13A-8-4.

        It is a second-degree felony to take property under these circumstances: when it is worth more than $250 but less than $1,000; when it is a firearm, a credit or debit card or a live animal; when it is a controlled substance under Chapter 2 title 20; when the defendant has previously been convicted of theft in the first or second degree and the value of the property is more than $100. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        Third-degree Theft, Ala. Code § 13A-8-9.

        It is a misdemeanor to take property worth less than $500. The penalty for this offense is imprisonment for no more than a year and/or a fine of no more than $2,000.

        Bringing stolen property into this state, Ala. Code § 13A-8-20.

        If a person brings property into the state knowing it was stolen, the property is treated the same as if it had been stolen in the state.

        Bringing into state property obtained by false pretense 'where, Ala. Code § 13A-8-21.Property gained by fraud in another state is treated as stolen property.

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

        Receiving stolen property, Ala. Code § 13A-8-16.

        A person who intentionally receives, retains or disposes of stolen property knowing that it has been stolen, or having reasonable grounds to believe it was, commits the crime of receiving stolen property. There is an exception if the person intends to return it to the owner. If the person has been in possession of stolen property twice in the past year, if the goods were recently stolen or if the person buys or sells similar property and did not make a reasonable inquiry about it, there is a presumption that the person had the knowledge or belief to commit this crime.

        First-degree receiving stolen property, Ala. Code § 13A-8-17.

        It is a felony to receive stolen property worth more than $2,500. The penalty is imprisonment for not more than 20 years and a fine of not more than $10,000.

        Second-degree receiving stolen property, Ala. Code § 13A-8-18.

        It is a misdemeanor to receive stolen property worth more than $500 but less than $2,500. If the defendant has been previously been convicted of first or second degree theft, the stolen property need only be worth $250. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        Third-degree receiving stolen property, Ala. Code § 13A-8-9.

        Third-degree receiving stolen property occurs when the value of the property is less than $500. The penalty for this offense is imprisonment for no more than a year and/or a fine of no more than $2,000.

        Bringing stolen property into this state, Ala. Code § 13A-8-20.

        If a person brings property into the state knowing it was stolen, the property is treated the same as if it had been stolen in the state.

        Bringing into state property obtained by false pretense 'where, Ala. Code § 13A-8-21.Property gained by fraud in another state is treated as stolen property.

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

        Second-degree Criminal Trespass, Ala. Code § 13A-7-3.

        It is a misdemeanor to knowingly enter or remain unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders. The penalty for this offense is imprisonment for no more than three months and/or a fine of no more than $500.

        Third-degree Criminal Trespass, Ala. Code § 13A-7-4.

        A person is guilty of a misdemeanor when he knowingly enters or remains unlawfully in or upon another person’s premises.

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

        First-degree Mischief, Ala. Code § 13A-7-21.

        A person is guilty of first-degree criminal mischief if he inflicts more than $2,500 in damage to someone '’s property. If a person had a reasonable belief that he had a right to inflict the damage, he did not commit this crime. If explosives made the damage, it is first-degree mischief regardless of the amount. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        Second-degree Mischief, Ala. Code § 13A-7-22.

        A person is guilty of first-degree criminal mischief if he inflicts more than $500 but less than $2,500 in damage to someone '’s property. If a person had a reasonable belief that he had a right to inflict the damage, he did not commit this crime. The penalty for this offense is imprisonment for no more than a year and/or a fine of no more than $2,000.

        Third-degree Mischief, Ala. Code § 13A-7-23.

        A person is guilty of third-degree criminal mischief if he inflicts less than $500 in damage to someone '’s property. This crime is punishable by a term of imprisonment not to exceed six months and/or a fine of no more than $1,000.

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

        See general state criminal laws for Criminal Mischief.

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

        Hate Crimes, Ala. Code § 13A-5-13.

        Alabama’s hate crimes legislation imposes minimum sentences for imprisonment when the underlying offense was motivated by the victim's actual or perceived race, color, religion, national origin, ethnicity, or physical or mental disability. For a class A felony, the minimum sentence is 15 years. For a class B felony, the minimum sentence is 10 years. For a class C felony, the minimum sentence is two years. For a class A misdemeanor, the minimum sentence is three months. In addition, a defendant who has been previously convicted of a felony and is subject to the hate crimes act will receive an enhanced sentence under the Alabama Habitual Felony Offender Act, Section 13A-5-9.

        Acts Prohibited by Law and Subject to Civil or Administrative Sanctions

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

        Nonresidents not to explore or excavate remains or carry away from state objects discovered therein, Ala. Code § 41-3-2.

        Non-residents and their agents may not explore or excavate aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites. They may not send artifacts out of state. Alabama reserves the right of ownership to these objects.

        Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations, Ala. Code § 41-3-4.

        No explorations or excavations shall be made which will destroy, deface or permanently injure remains. After any explorations or excavations, they shall be restored to the same or like condition as before.

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1 (d).

        The Alabama Historical Commission shall promulgate rules and regulations for issuing permits providing for the lawful preservation, investigation, restoration, or relocation of human burial remains, human skeletal remains, or funerary objects. It may issue permits to people or companies for restoring, preserving or relocating human burial remains, human skeletal remains, funerary objects or otherwise disturbing a place of burial.

        Permit, etc., for exploration or excavation,Ala. Code § 41-9-294. Anyone who wants to explore or excavate cultural resources may apply to the Alabama Historical Commission for a permit. Individuals, companies, corporations, or public institutions may apply. If the commission decides that the permit is in the best interest of the state, it may grant it for a limited time and under terms and conditions it considers to be in the best interest of the state. Permit holders are responsible for getting permission from federal agencies that have jurisdiction. They include, but not limited to, the United States Department of the Navy and the United States Army Corps of Engineers. Permits may be issued diving, exploring and excavation.

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

        Nonresidents not to explore or excavate remains or carry away from state objects discovered therein, Ala. Code § 41-3-2.

        Non-residents and their agents may not explore or excavate aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites. They may not send artifacts out of state. Alabama reserves the right of ownership to these objects.

      22. What specific laws restrict the alienation or use of historic burial places?

        Powers and duties of commission generally, Ala. Code § 41-9-249.

        The commission shall have the following duties and powers:

        To accept for renovation, maintenance, restoration, preservation or management and operation any state or federally owned building for historic preservation. It can also accept sites owned by people or corporations, public or private;

        To acquire with the power of eminent domain, historic structures of paramount or exceptional importance. This includes Alabama landmarks eligible for nomination to or recorded in the National Register of Historic Places. Two-thirds of the members of the commission must vote to acquire such structures by the exercise of this measure;

        To acquire, receive and take title to, by purchase, gift, lease, devise or otherwise, and to own, to hold, keep and develop, and to sell, transfer, convey, lease, and assign to any person or otherwise dispose of property of every kind and character, whether real, personal or mixed, whether tangible or intangible, whether in trust or otherwise, together with any and every interest therein, in furtherance of the lawful objectives of the commission;

        To convey title or any interest in real estate by deed or other instrument executed by a majority of the commissioners or by agent or agents authorized by a majority vote of the commission; and to convey property other than real estate by agent or agents authorized by a majority vote of commissioners present and voting.

        (11) To determine from such survey the buildings, ruins and sites listed therein which are considered worthy of permanent preservation, to certify same as being worthy and to publish said list;

        (12) To establish criteria for the certification, selection and acquisition of historic properties for state ownership and for state aid to local historic site projects;

        (13) To nominate selected landmarks with historic, architectural and archaeological significance to the National Register of Historic Places using priorities established by the commission;

        (15) To rent or lease any of its acquisitions to public or private agencies;

        (20) To improve, restore, preserve, renovate, maintain, exhibit, repair, rebuild, recreate and reconstruct its acquisitions, and the commission shall have jurisdiction over the same and the exhibits located thereon;

        (21) To purchase or otherwise acquire and to erect and maintain "historic markers" on such buildings, roads, trails, routes and sites as it shall designate and to cooperate with and assist local, regional and state historical groups in selecting and erecting such markers.

    2. Time Limits for Bringing Criminal Action

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

        Felonies generally, Ala. Code § 15-3-1.

        The prosecution of all felonies, except those specified in Sections 15-3-3 and 15-3-5, must be commenced within three years after the commission of the offense.

        Misdemeanors, generally, Ala. Code § 15-3-2. Unless otherwise provided, misdemeanors must be prosecuted before a circuit or district court within 12 months after the commission of the offense.

    3. Time Limits for Bringing Civil Action

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

        Commencement of actions, Ala. Code § 6-2-34.

        Civil actions related to trespass to real or personal property, the use and occupation of land or for detention or conversion of personal property must be brought within six years.

  2. Sanctions

    1. Criminal

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

        For fines and penalties associated with crimes related to burials and historic preservation, see individual crimes explained above.

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

        Ala. Code § 13A-5-6; § 13A-5-7.

        There are three levels of severity for both misdemeanors and felonies: A, B and C. An A level offense is the most severe.

    2. Civil or Administrative

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

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

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

        Assessment and report of damages from taking of property, etc., Ala. Code § 11-17-4.

        The commission will assess the damages in a property taking or in locating and marking boundaries for burying places, and will report it to the probate judge. The commission will state the names of the injured land owners.

  3. Preservation of Burials and Compliance Therewith

    1. Laws Related to Preservation of Burials

      1. What are the time limitations for bringing a civil action related to the preservation of burials to court?

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

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

        Trusts created by conveyances of burial places may be perpetual, Ala. Code § 11-17-15. Trusts created by conveying, transferring, bequeathing or devising a burial property may be perpetual. The trusts may be subject to terms and conditions.

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

        The State of Alabama reserves the exclusive right and privilege to explore, excavate or survey aboriginal mounds, earthworks, burial sites, etc.; state declares ownership of objects found or located therein, Ala. Code § 41-3-1.

        The State of Alabama reserves the exclusive right of exploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama. This right is subject to the rights of land owners. The state declares ownership all any objects found on these sites.

        Powers and duties of commission generally, Ala. Code § 41-9-249.

        The commission shall have the power to acquire, by exercise of the power of eminent domain, historic structures of paramount or exceptional importance, such as those Alabama landmarks eligible for nomination to or recorded in the National Register of Historic Places. Two-thirds of the members of the commission must vote to acquire such structures by the exercise of this measure.

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

        Conservation easements generally, Ala. Code § 35-18-2.

        (a) A conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. Local, state or county governments may not create or expand a conservation easement under this chapter by exercising of the power of eminent domain.

        (b) Rights and duties pertaining to the easement do not arise until they are accepted by the easement’s holder and recorded.

        (c) The term of a conservation easement should be set when it is created. If no term is stated, it is the lesser of 30 years or the life of the grantor, or upon the sale of the property by the grantor. A court also has the power to modify or terminate a conservation easement.

        (d) An interest in real property in existence at the time a conservation easement is created, including, but not limited to, any subsurface property interests or leases and any related rights of owners or leaseholders to remove or extract minerals or any mortgages, deeds of trust, security interests, or other liens, shall not be impaired or diminished in any way by a conservation easement unless all owners of the interests are parties to the conservation easement or consent to it and the consent is properly recorded. A conservation easement shall not be construed to impair or diminish in any way interests in adjacent or surrounding properties.

        (e) Nothing in this chapter shall be construed to impair or diminish in any way the rights of any person, entity, or governmental body authorized by the laws of this state or under federal law to acquire property interests through the exercise of eminent domain or condemnation. A conservation easement may be condemned or appropriated through eminent domain in the same manner as any other property interest.

        Charitable trusts; generally, Ala. Code § 11-17-13.

        The preservation, repair and maintenance of public or private burial places or burial lots and the monuments, the other things thereon, and the ways and easements appurtenant thereto are proper matters of charity. Every conveyance, transfer, devise and bequest of any such burial place or burial lot or any money or property in trust for such purposes or any of them creates a charitable trust.

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

        Right of way; Acquisition; width, Ala. Code § 18-3-20.

        If the public has used a cemetery for at least 20 years and it is not accessible by public roads, relatives of the deceased have the right to acquire a convenient right-of-way. The right-of-way may not be more than 15 feet wide on the lands between the cemetery and the public road.

        Right-of-way through yard, garden, orchard, etc.; payment of compensation and damages for right-of-way, Ala. Code § 18-3-21.

        Such a right-of-way may not be established through any person's yard, garden, orchard, stable lot, stable, gin house or curtilage without the consent of the owner. The applicant must pay the owner for the value of the land.

        Application to probate court, Ala. Code § 18-3-22.

        Applicants may exercise the right conferred by this article by appealing to the probate court of the county where the lands are situated or where a majority of the proposed right-of-way is situated.

      6. To what extent are burial grounds and cemeteries open to the public in this state?

        Dedication to public and use of burial place, Ala. Code § 11-17-6.

      7. After boundaries for the burial place are set and damages are paid, burial places are dedicated to the public.

        Cemeteries generally, Ala. Code § 11-47-40.

        All cities and towns of this state shall have the power to own, regulate, improve, lay out and control town or city cemeteries and permit additions thereto and the establishment of new ones, either within or without the town or city limits, and to sell burial lots in the same, and to regulate or prohibit the establishment or use of private cemeteries within the police jurisdiction of a city or town 'where than in the city or town cemeteries.

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

        Burial societies, cemeteries, etc., empowered to accept conveyances, devises, etc., and to act as trustees, Ala. Code § 11-17-14.

        Burial societies, burial associations and corporations acting as trustees are empowered to accept transfers of cemeteries.

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

        Sale, etc., of lands in abandoned cemeteries by corporations, etc.; confirmation of sales by probate court, Ala. Code § 11-47-71.

        When a cemetery has been abandoned as a burial place and all human remains have been lawfully removed, the owning corporation may sell it or mortgage it as security for a loan. No court order is required before such a sale, provided, that it is fairly conducted by the corporation’s board of directors or governing body. The price paid must be fair and reasonable. Sales must be confirmed, as to the fairness and reasonableness of the price paid, by the county probate court. The probate court judge will set a day for the hearing and publish notice of it according to Section 43-2-445.

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

        Declaration for abandonment of cemetery and removal of human remains interred therein -- Adoption, etc., Ala. Code § 11-47-60.

        Owners of cemeteries may get permission from governing municipal or county governments to move the human remains to a different cemetery within the state. The governing board of the municipality or the county government must favor of motion by a three-fourths majority in writing, in a special meeting.

        Declaration for abandonment of cemetery and removal of human remains interred therein -- Specification as to removal of remains after two months, Ala. Code § 11-47-61. After the governing municipality or county boards vote on the abandonment of the cemetery, the owners must publish notice that the human remains will be moved and wait two months.

        Declaration for abandonment of cemetery and removal of human remains interred therein -- Publication, posting and mailing of notice, Ala. Code § 11-47-62.

        A specific notice, as worded in this statute, must be published in a general circulation newspaper at least once a week for two months before human remains are moved. Copies of the notice must be posted in three conspicuous places in the cemetery 10 days after the notice is published and for the remainder of the two months. A copy of the notice should also be sent to the last known address of owners or holders of plots in the cemetery and the living heirs of any person whose remains are there.

        Payment of expenses of abandonment and removal by corporations, etc.; disposition of funds of corporation, etc., remaining thereafter, Ala. Code § 11-47-73.

        When an owning organization has resolved that a cemetery is abandoned, it may use funds in its treasury to buy land for a new place to bury the human remains and for removing and transporting the remains. Any money that is left may be used as a fund for the perpetual care and maintaince of the new cemetery grounds.

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

        Removal, etc., of monuments, headstones, etc., from graves from which remains removed, Ala. Code § 11-47-70.

        When a friend of the deceased removes remains from a cemetery, he or she is also entitled to remove the headstone. “Headstone” includes any vault, monument, headstone, coping or other improvement appurtenant to the grave. A “friend” can be a relative or descendent of the deceased person. The friend’s written consent is sufficient for the cemetery to permit the headstone’s removal. If the friend leaves it in place more than 90 days after the human remains are removed, the owners of the cemetery have the right to remove and dispose of it.

      12. How will the state preserve historical or archaeological resources threatened by public construction or public works?

        Use of state cultural resources, Ala. Code § 41-9-292.

        All cultural resources belong to the state and are subject to the exclusive dominion and control of the State of Alabama. Cultural resources shall not be taken, damaged, destroyed, salvaged, excavated, or otherwise altered without a permit. These permits come from the Alabama Historical Commission. The commission is the official custodian of state cultural resources. Permits are also subject to the prior written approval of the Commissioner of Conservation and Natural Resources.

        Burial Permits, Alabama Historical Commission Administrative Code Chapter 460-X-10-.01 (b-f)

        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 Alabama Historical Commission 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 cease the activity in the area of the discovery, make reasonable efforts to protect the items discovered, and contact the Alabama Historical Commission immediately.

        Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations, Ala. Code § 41-3-4.

        No explorations or excavations shall be made which will destroy, deface or permanently injure remains. After any explorations or excavations, the remains shall be restored to the same or like condition as before.

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1 (b).

        It is a felony to willfully or maliciously desecrate, injure, deface, remove, or destroy any tomb, monument, structure, or container of human remains, and invade or mutilate a human corpse; it is a felony to desecrate an American Indian place of burial or funerary objects. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public land and private land unless it is owned by the offender. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        Exceptions, Ala. Code § 41-9-299.1. (b) If activities not related to the exploration, excavation, or salvaging of cultural resources cause violations of this division, the activity should be halted as soon as practicable upon notice from the Alabama Historical Commission. Applications for necessary permits and contracts should be submitted to the Alabama Historical Commission. Crimes, penalties, or seizures that would be otherwise applicable for the violations will no longer apply if these procedures are followed.

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

        Permit, etc., for exploration or excavation,Ala. Code § 41-9-294. Anyone who wants to explore or excavate cultural resources may apply to the Alabama Historical Commission for a permit. Individuals, companies, corporations, or public institutions may apply. If the commission decides that the permit is in the best interest of the state, it may grant it for a limited time and under terms and conditions it considers to be in the best interest of the state. Permit holders are responsible for getting permission from federal agencies that have jurisdiction. They include, but not limited to, the United States Department of the Navy and the United States Army Corps of Engineers. Permits may be issued diving, exploring and excavation.

        Burial Permits, Alabama Historical Commission Administrative Code Chapter 460-X-10-.01 (b-f).

        If burials to be disturbed are less than 75 years old, the Alabama Historical Commission automatically issues permits to all county or municipal coroners, health officers all city county and state law enforcement agencies, licensed funeral cemetery operators and licensed morticians so that they may carry out their lawful duties. If burials to be disturbed are more than 75 years old, or if the burial date is unknown, the permitee shall consult with the Alabama Historical Commission about an additional permit limited to that burial only.

        Archaeologists are eligible for permits if they can prove themselves qualified. Permit holders must file an annual report with the Alabama Historical Commission at the end of the year outlining the place, the date and the disposition of any remains or burials disturbed. Other individuals may make a request for a permit. The request must outline a complete description of the location, known information concerning the remains and the purpose of the disturbance.

        Permits will be issued by the director of the Alabama Historical Commission after consultation with the archaeological staff. The Alabama Historical Commission, based on the information provided in the permit application, will coordinate consultation between interested or concerned parties including but not limited to the Indian Affairs Commission or other groups representing significant cultural or ethnic affiliations. The objective of this responsibility is to provide for a mechanism of public comment in cases where it may be necessary.

        If the terms of the permit are violated, the Alabama Historical Commission may choose to withdraw the permit or set conditions under which the individual may keep it.

        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 Alabama Historical Commission 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 cease the activity in the area of the discovery, make reasonable efforts to protect the items discovered, and contact the Alabama Historical Commission immediately.

        Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations, Ala. Code § 41-3-4.

        No explorations or excavations shall be made which will destroy, deface or permanently injure remains. After any explorations or excavations, the remains shall be restored to the same or like condition as before.

        Removal and reinterment of remains by corporations, etc., generally; notices,Ala. Code § 11-47-63.

        (a) After notice is published and two months have passed as provided in Section 11-47-62, owners of cemeteries may remove human remains from abandoned grounds. An “owner” can be a cemetery corporation, association, corporation sole or other person owning or controlling such cemetery lands and proposing to remove remains.

        Owners may reinter the human remains in other in-state cemeteries without further notice. However, relatives or friends of the deceased may give written notice before the date of the removal expressing a desire to be at the disinterment or reinternment.

        The written notice must state the name of the deceased, and, as accurately as possible, the lot where the remains are buried. The notice should also state the date of burial and the friend or relative’s address. It may be hand delivered to the owner’s office or principal place of business. It may also be forwarded there by registered mail.

        (b) After receiving notice from a friend or relative of the deceased, owners have a duty to give a written notice in response that provides the time when the remains will be removed. The responding notice must also state where both the disinternment and the reinternment will occur. It must be delivered to the address the friend or relative provided in the first notice, and must be mailed at least 10 days before the remains are disintered.

        (c) Owners may not disinter the remains until the time specified in the return notice.

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

        Explorations or excavations of remains not to be done without consent of owner of land and not to injure crops, houses, etc., thereon,Ala. Code § 41-3-3.

        Any cemetery, corporation, association, corporation sole or other person owning or controlling such cemetery of the land must first consent before human remains are explored or excavated. The work must be done in such a way that it does not injure crops, houses or improvements on the land. The work must not injure adjacent land adjacent or the land that the remains are on.

        Removal of remains, etc., from cemeteries owned by churches, etc., Ala. Code § 11-47-74. Friends or relatives or descendents of the deceased may not disinter, remove, reinter or dispose of a deceased person’s body without following the rules set by the controllers of the cemetery, religious corporations, church or religious societies, denominations, corporations or trustees authorized to make cemetery rules.

        Permit, etc., for exploration or excavation,Ala. Code § 41-9-294. Anyone who wants to explore or excavate cultural resources may apply to the Alabama Historical Commission for a permit. Individuals, companies, corporations, or public institutions may apply. If the commission decides that the permit is in the best interest of the state, it may grant it for a limited time and under terms and conditions it considers to be in the best interest of the state.

        Burial Permits, Alabama Historical Commission Administrative Code Chapter 460-X-10-.01 (f).

        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 Alabama Historical Commission 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 cease the activity in the area of the discovery, make reasonable efforts to protect the items discovered, and contact the Alabama Historical Commission immediately.

        Removal and reinterment of remains by corporations, etc., generally; notices,Ala. Code § 11-47-63.

        (a) After notice is published and two months have passed as provided in Section 11-47-62, owners of cemeteries may remove human remains from abandoned grounds. An “owner” can be a cemetery corporation, association, corporation sole or other person owning or controlling such cemetery lands and proposing to remove remains.

        Owners may reinter the human remains in other in-state cemeteries without further notice. However, relatives or friends of the deceased may give written notice before the date of the removal expressing a desire to be at the disinterment or reinternment.

        The written notice must state the name of the deceased, and, as accurately as possible, the lot where the remains are buried. The notice should also state the date of burial and the friend or relative’s address. It may be hand delivered to the owner’s office or principal place of business. It may also be forwarded there by registered mail.

        (b) After receiving notice from a friend or relative of the deceased, owners have a duty to give a written notice in response that provides the time when the remains will be removed. The responding notice must also state where both the disinternment and the reinternment will occur. It must be delivered to the address the friend or relative provided in the first notice, and must be mailed at least 10 days before the remains are disintered.

        (c) Owners may not disinter the remains until the time specified in the return notice.

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

        Burial Permits, Alabama Historical Commission Administrative Code Chapter 460-X-10-.01 (f).

        Any person who knows or has reason to now of the discovery of human remains and/or funerary objects on state or private lands shall notify the Alabama Historical Commission 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 cease the activity in the area of the discovery, make reasonable efforts to protect the items discovered, and contact the Alabama Historical Commission immediately.

        Permit, etc., for exploration or excavation,Ala. Code § 41-9-294. Anyone who wants to explore or excavate cultural resources may apply to the Alabama Historical Commission for a permit. Individuals, companies, corporations, or public institutions may apply. If the commission decides that the permit is in the best interest of the state, it may grant it for a limited time and under terms and conditions it considers to be in the best interest of the state. Permit holders are responsible for getting permission from federal agencies that have jurisdiction. They include, but not limited to, the United States Department of the Navy and the United States Army Corps of Engineers. Permits may be issued diving, exploring and excavation.

        Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations, Ala. Code § 41-3-4.

        No explorations or excavations shall be made which will destroy, deface or permanently injure remains. After any explorations or excavations, the remains shall be restored to the same or like condition as before.

        Desecration, defacement, etc., of memorial of dead; Invasion or mutilation of corpse, Ala. Code § 13A-7-23.1 (b).

        It is a felony to willfully or maliciously desecrate, injure, deface, remove, or destroy any tomb, monument, structure, or container of human remains, and invade or mutilate a human corpse; it is a felony to desecrate an American Indian place of burial or funerary objects. A finding of guilty for this offense must include a specific intent toward the site or object in question. This law applies to public land and private land unless it is owned by the offender. The penalty for this crime is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000.

        Exceptions, Ala. Code § 41-9-299.1. (b) If activities not related to the exploration, excavation, or salvaging of cultural resources cause violations of this division, the activity should be halted as soon as practicable upon notice from the Alabama Historical Commission. Applications for necessary permits and contracts should be submitted to the Alabama Historical Commission. Crimes, penalties, or seizures that would be otherwise applicable for the violations will no longer apply if these procedures are followed.

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

        The State of Alabama reserves the exclusive right and privilege to explore, excavate or survey aboriginal mounds, earthworks, burial sites, etc.; state declares ownership of objects found or located therein, Ala. Code § 41-3-1.

        The State of Alabama reserves the exclusive right of exploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama. This right is subject to the rights of land owners. The state declares ownership all any objects found on these sites.

        Nonresidents not to explore or excavate remains or carry away from state objects discovered therein, Ala. Code § 41-3-2.

        Non-residents and their agents may not explore or excavate aboriginal mounds, remains and other antiquities, earthworks, ancient or historical forts and burial sites. They may not send artifacts out of state. Alabama reserves the right of ownership to these objects.

        Disposition of objects taken from remains, Ala. Code § 41-3-5.

        No objects taken from such remains shall be sold or disposed of out of the state, but when removed therefrom the objects so gathered shall be retained in state custody and either placed in the collection of the Department of Archives and History or in the museums or in the libraries of the educational or other institutions of the state or they may be exchanged for similar or other objects from other states, museums, libraries or individuals.

        Permits, Burials, Alabama Historical Commission Administrative Code Chapter 460-X-10-.01 (b-f).

        Those who hold permits with the Alabama Historical Commission to disturb burial places must file an annual report with the Alabama Historical Commission at the end of the calendar year. The report must outline the place, the date and the disposition of any remains or burials disturbed.

        Permits will be issued by the director of the Alabama Historical Commission after consultation with the archaeological staff. The Alabama Historical Commission, based on the information provided in the permit application, will coordinate consultation between interested or concerned parties including but not limited to the Indian Affairs Commission or other groups representing significant cultural or ethnic affiliations. The objective of this responsibility is to provide for a mechanism of public comment in cases where it may be necessary.

        Voluntary removal of remains by relative or friend of person interred or by owner of plat or lot; affidavit of person removing remains, Ala. Code § 11-47-65.

        Before remains are removed by a cemetery corporation, association, corporation, or other person owning or controlling cemetery lands where a person is buried, any relative or friend of the deceased may voluntarily remove such remains and dispose of them.

        The relative or friend shall deliver an affidavit to the cemetery corporation, association, corporation, or other person owning or controlling cemetery lands stating the name of deceased, the best-known date of burial, and the names and residences of the deceased’s heirs. The affidavit must be sworn to before an officer qualified to administer oaths.

        If the person who wants to remove the deceased person’s remains is not his heir, he shall not remove the remains until he has the written consent of a majority of the deceased’s known heirs who are residents of Alabama. This consent shall be delivered to the cemetery corporation, association, corporation sole or other person owning or controlling such cemetery.

        The affidavit shall be sufficient evidence of the numbers, names and residences of heirs for all of the purposes of this section. The written consent of the majority of them is sufficient for the cemetery corporation, association, corporation sole or other person owning or controlling such cemetery to permit the removal of the remains by such person.

        If a person owns a burial lot or plat, has the right to bury in a cemetery, or is a joint purchaser or owner of a burial lot he may remove the remains interred without filing the affidavit specified above.

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

        Removal and reinterment of remains by corporations, etc., generally; notices,Ala. Code § 11-47-63.

        (a) After notice is published and two months have passed, owners of cemetaries may remove human remains from abandoned grounds. An “owner” can be a cemetery corporation, association, corporation sole or other person owning or controlling such cemetery lands and proposing to remove remains. Owners may reinter the human remains in other in-state cemeteries without further notice. However, relatives or friends of the deceased may give written notice before the date of the removal expressing a desire to be at the disinternment or reinternment.

        The written notice must state the name of the deceased, and, as accurately as possible, the lot where the remains are buried. The notice should also state the date of burial and the friend or relative’s address. It may be hand delivered to the owner’s office or principal place of business. It may also be forwarded there by registered mail.

        (b) After receiving notice from a friend or relative of the deceased, owners have a duty to give a written notice in response that provides the time when the remains will be removed. The responding notice must state where both the disinternment and the reinternment will occur. It must be delivered to the address the friend or relative provided in the first notice, and must be mailed at least 10 days before the remains are disintered.

        (c) Owners may not disinter the remains until the time specified in the return notice.

        Voluntary removal of remains by relative or friend of person interred or by owner of plat or lot; affidavit of person removing remains, Ala. Code § 11-47-65.

        Before remains are removed by a cemetery corporation, association, corporation, or other person owning or controlling cemetery lands where a person is buried, any relative or friend of the deceased may voluntarily remove such remains and dispose of them.

        Re-interment of remains generally, Ala. Code § 11-47-67.

        When human remains are removed from an abandoned cemetery or burial place they will be reinterred in another cemetery in-state. The bodies must be placed in a separate and suitable receptacle. They must be decently and respectfully interred according to cemetery rules. If the remains are deposited in a memorial mausoleum or columbarium, the bodies must be enclosed in a separate and suitable receptacles or containers. It shall be deposited in a decent and respectful manner in accordance with cemetery rules.

        Erection of markers upon and preparation, filing, etc., of maps, plans, etc., of lands, etc., where remains reinterred, Ala. Code § 11-47-68. The cemetery corporation, association, corporation sole or other person owning or controlling abandoned cemetery lands and removing human remains shall erect a suitable permanent marker identifying the remains.

        The cemetery corporation, association, corporation sole or other person owning or controlling abandoned cemetery lands and removing human remains must provide a map or plat describing and showing the location and subdivision into lots and plats of the cemetery lands where bodies are reinterred. The map or plat must also include a plan of any mausoleum or columbarium where the bodies may be located. The map must give the name of the deceased person and the lot, plat or niche or compartment where the body is reinterred.

        The map or plat shall be kept on file in the office of such cemetery corporation, association, corporation sole or other person removing and reinterring or depositing the bodies. The map or plat must be available to the relatives or friends of those so reinterred at all times.

        Care, etc., of lands, etc., in which remains reinterred, Ala. Code § 11-47-69. Whenever a cemetery corporation or association having a board of directors or other governing body removes human remains from any cemetery or part thereof it shall put aside funds in its treasury exclusively for the perpetual care or improvement of any lands or mausoleum or columbarium where the remains are reinterred or deposited.

        Purchase and sale of lands, etc., for refinement of remains from abandoned cemeteries; reservation of lands in abandoned cemeteries for erection of memorial mausoleum, etc, Ala. Code § 11-47-66.

        Whenever a cemetery corporation, association, corporation sole or other person owning or controlling any such cemetery lands purchases land or mausoleums or columbariums to reinter human remains, the new place may be subdivided into lots, niches and walks. Those who want to purchase lots or niches to reinter or deposit remains there may do so. Sufficient land may be reserved in the abandoned cemetery to erect a memorial mausoleum or columbarium for reinterring the human remains and to preserve historical vaults or monuments.

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

        Application to probate court, Ala. Code § 18-3-22.

        When applicants exercise the right to a right-of-way through cemetery lands, they will apply to the probate court in the county where the land is located. The court will apply the proceedings used as in cases of condemnation of lands for public use. Those proceedings are described in Chapter 1A of this title.

        Ownership, regulation, etc., of municipal cemeteries; regulation, etc., of establishment or use of private cemeteries within police jurisdiction, Ala. Code § 11-47-40. All cities and towns of this state shall have the power to own, regulate, improve, lay out and control town or city cemeteries and permit additions to them and establish new ones. They may do this either within or without the town or city limits. They may sell burial lots in the same. They may also regulate or prohibit the establishment or use of private cemeteries within the police jurisdiction of a city or town 'where than in the city or town cemeteries.

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

        Permit, etc., for exploration or excavation,Ala. Code § 41-9-294. Anyone who wants to explore or excavate cultural resources may apply to the Alabama Historical Commission for a permit. Individuals, companies, corporations, or public institutions may apply. If the commission decides that the permit is in the best interest of the state, it may grant it for a limited time and under terms and conditions it considers to be in the best interest of the state. Permit holders are responsible for getting permission from federal agencies that have jurisdiction. They include, but not limited to, the United States Department of the Navy and the United States Army Corps of Engineers. Permits may be issued diving, exploring and excavation.

        Burial Permits, Alabama Historical Commission Administrative Code Chapter 460-X-10-.01 (b-f).

        If burials to be disturbed are less than 75 years old, the Alabama Historical Commission automatically issues permits to all county or municipal coroners, health officers all city county and state law enforcement agencies, licensed funeral cemetery operators and licensed morticians so that they may carry out their lawful duties. If burials to be disturbed are more than 75 years old, or if the burial date is unknown, the permitee shall consult with the Alabama Historical Commission about an additional permit limited to that burial only.

        Archaeologists are eligible for permits if they can prove themselves qualified. Permit holders must file an annual report with the Alabama Historical Commission at the end of the year outlining the place, the date and the disposition of any remains or burials disturbed. Other individuals may request a permit. They must outline a complete description of the location, known information concerning the remains and the purpose of the disturbance.

        Permits will be issued by the director of the Alabama Historical Commission after consultation with the archaeological staff. The Alabama Historical Commission, based on the information provided in the permit application, will coordinate consultation between interested or concerned parties including but not limited to the Indian Affairs Commission or other groups representing significant cultural or ethnic affiliations. The objective of this responsibility is to provide for a mechanism of public comment in cases where it may be necessary.

        If the terms of the permit are violated, the Alabama Historical Commission may choose to withdraw the permit or set conditions under which the individual may keep it.

        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 Alabama Historical Commission 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 cease the activity in the area of the discovery, make reasonable efforts to protect the items discovered, and contact the Alabama Historical Commission immediately.

        Explorations or excavations not to destroy, deface, etc., remains; restoration of remains after explorations or excavations, Ala. Code § 41-3-4.

        No explorations or excavations shall be made which will destroy, deface or permanently injure remains. After any explorations or excavations, the remains shall be restored to the same or like condition as before.

        Theft or disturbance of a cultural resource, Ala. Code § 41-9-297.

        It is a crime to remove, alter, disturb, destroy, buy, possess, conceal or aid in concealing any cultural resource without a permit. It is a felony if the value of the resource is more than $1,000; the penalty is a term of imprisonment not to exceed ten years and/or a fine of up to $5,000. It is a misdemeanor if the value of the resource is less than $1,000; the penalty is imprisonment for no more than one year and/or a fine of no more than $2,000.

        Removal and reinterment of remains by corporations, etc., generally; notices,Ala. Code § 11-47-63.

        (a) After notice is published and two months have passed, owners of cemeteries may remove human remains from abandoned grounds. An “owner” can be a cemetery corporation, association, corporation sole or other person owning or controlling such cemetery lands and proposing to remove remains. Owners may reinter the human remains in other in-state cemeteries without further notice. However, relatives or friends of the deceased may give written notice before the date of the removal expressing a desire to be at the disinterment or reinternment.

        The written notice must state the name of the deceased, and, as accurately as possible, the lot where the remains are buried. The notice should also state the date of burial and the friend or relative’s address. It may be hand delivered to the owner’s office or principal place of business. It may also be forwarded there by registered mail.

        (b) After receiving notice from a friend or relative of the deceased, owners have a duty to give a written notice in response that provides the time when the remains will be removed. The responding notice must also state where both the disinterment and the reinternment will occur. It must be delivered to the address the friend or relative provided in the first notice, and must be mailed at least 10 days before the remains are disinterred.

        (c) Owners may not disinter the remains until the time specified in the return notice.

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

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

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

        Underwater Cultural Resources, Ala. Code §41-9-292.

        All cultural resources are subject to the exclusive dominion and control of the State of Alabama. Cultural resources shall not be taken, damaged, destroyed, salvaged, excavated, or otherwise altered without a prior contract or permit obtained through the Alabama Historical Commission. “Cultural resources” includes all abandoned shipwrecks or remains of those ships and all underwater archaeological treasures, artifacts, treasure troves, or other cultural articles and materials, whether or not associated with any shipwreck, that are contained in or on submerged lands belonging to the State of Alabama and the sea within the jurisdiction of the state, and that have remained unclaimed for more than 50 years, excluding sunken logs, cants, and timber resources of any other type not associated as part of a shipping vessel, and are eligible for, or listed in, the National Register of Historic Places or the Alabama Register of Landmarks and Heritage.

        Commercial fishing restrictions, Ala. Code § 41-9-295.

        The Alabama Historical Commission may restrict the activities of commercial fishing vessels in or around known underwater cultural resources. The Commissioner of Conservation and Natural Resources must declare in writing that the restriction is necessary. Restrictions apply when the likelihood of damage to or any alterations of the cultural resources is evident. The restricted area shall encompass only the immediate area of the resource so as not to unduly disrupt fishing operations.

      22. How is activity affecting aquatic beds regulated?

        Underwater Cultural Resources, Ala. Code §41-9-292.

        All cultural resources are subject to the exclusive dominion and control of the State of Alabama. Cultural resources shall not be taken, damaged, destroyed, salvaged, excavated, or otherwise altered without a prior contract or permit obtained through the Alabama Historical Commission. “Cultural resources” includes all abandoned shipwrecks or remains of those ships and all underwater archaeological treasures, artifacts, treasure troves, or other cultural articles and materials, whether or not associated with any shipwreck, that are contained in or on submerged lands belonging to the State of Alabama and the sea within the jurisdiction of the state, and that have remained unclaimed for more than 50 years, excluding sunken logs, cants, and timber resources of any other type not associated as part of a shipping vessel, and are eligible for, or listed in, the National Register of Historic Places or the Alabama Register of Landmarks and Heritage.

        Commercial fishing restrictions, Ala. Code § 41-9-295.

        The Alabama Historical Commission may restrict the activities of commercial fishing vessels in or around known underwater cultural resources. The Commissioner of Conservation and Natural Resources must declare in writing that the restriction is necessary. Restrictions apply when the likelihood of damage to or any alterations of the cultural resources is evident. The restricted area shall encompass only the immediate area of the resource so as not to unduly disrupt fishing operations.

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

        Purpose of commission, Ala. Code § 41-9-242.

        The Alabama Historical Commission may, in its own name or in the name of the State of Alabama, purchase, devise, lease, assign, license, condemn, gift, bequest, or transfer buildings, objects and sites it deems worthy of being preserved, improved, protected and maintained for or on account of their particular historic, archaeological or architectural significance. This includes but is not limited to buildings, sites, objects or monuments of special significance to our cultural, military, social, economic, religious or commercial heritage, including post roads, traces, ruins, railroads, plantations, wharfs, missions, places of treaties, cemeteries, fortifications and places of worship. This also includes and archaeological sites for excavational, salvage, protective and interpretative purposes.

      24. What miscellaneous laws exist in this state to preserve human remains, burial places, and funerary objects?

        The State of Alabama reserves the exclusive right and privilege to explore, excavate or survey aboriginal mounds, earthworks, burial sites, etc.; state declares ownership of objects found or located therein, Ala. Code § 41-3-1.

        The State of Alabama reserves the exclusive right of exploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama. This right is subject to the rights of land owners. The state declares ownership all any objects found on these sites.

        Nonresidents not to explore or excavate remains or carry away from state objects discovered therein, Ala. Code § 41-3-2.

        Non-residents and their agents may not explore or excavate aboriginal mounds, remains and other antiquities, earthworks, ancient or historical forts and burial sites. They may not send artifacts out of state. Alabama reserves the right of ownership to these objects.

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

        Notice to board of health of removal of remains, etc.; removal of remains, etc., subject to rules and regulations of board of health, Ala. Code § 11-47-64.

        Any owner controlling a cemetery must provide written notice to the state board of health before removing human remains. The notice must provide the date and new resting place for the remains. The disinterring and removal must be done according to reasonable regulations set by the state board of health.

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

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

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

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

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

    3. Regulation by State or Local Government of Non-Governmental 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.

  4. Decision-Making

    1. Authorities Empowered to Make Decisions Affecting Burials

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

        Incorporation, Ala. Code § 10-4-20. If an organization wants to incorporate, it will adopt a resoution and elect three trustees. Incorporating organizations may include: church members; a conference of churches; religious societies; educational societies; benevolent, monument or burial societies; patriotic societies; societies for the purpose of nature study or scientific research; societies for establishing public parks or places of public recreation; societies for promoting knowledge, promoting arts or promoting sciences; societies for purposes of like kind or the owners of a graveyard; or the trustees of any of the foregoing churches. The trustees will make a certificate within 30 days after their election stating corporation’s name, their own names and the amount of time that they will serve. They will file it in the probate judge’s office of the corporation’s county, where it will be subscribed and recorded.

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

        Permit, etc., for exploration or excavation,Ala. Code § 41-9-294. Anyone who wants to explore or excavate cultural resources may apply to the Alabama Historical Commission for a permit. Individuals, companies, corporations, or public institutions may apply. If the commission decides that the permit is in the best interest of the state, it may grant it for a limited time and under terms and conditions it considers to be in the best interest of the state.

        Burial Permits, Alabama Historical Commission Administrative Code Chapter 460-X-10-.01 (b-f).

        Archaeologists are eligible to apply for permits to excavate burials more than 75 years old if they can prove themselves qualified. Other individuals may request a permit. They must outline a complete description of the location, known information concerning the remains and the purpose of the disturbance.

      3. Who has custody rights of discovered human remains?

        The State of Alabama reserves the exclusive right and privilege to explore, excavate or survey aboriginal mounds, earthworks, burial sites, etc.; state declares ownership of objects found or located therein, Ala. Code § 41-3-1.

        The State of Alabama reserves the exclusive right of exploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama. This right is subject to the rights of land owners. The state declares ownership all any objects found on these sites.

        Voluntary removal of remains by relative or friend of person interred or by owner of plat or lot; affidavit of person removing remains, Ala. Code § 11-47-65.

        Before remains are removed by a cemetery corporation, association, corporation, or other person owning or controlling cemetery lands where a person is buried, any relative or friend of the deceased may voluntarily remove such remains and dispose of them. If the person who wants to remove the deceased person’s remains is not his heir, he shall not remove the remains until he has the written consent of a majority of the deceased’s known heirs who are residents of Alabama. This consent shall be delivered to the cemetery corporation, association, corporation sole or other person owning or controlling such cemetery.

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

        The State of Alabama reserves the exclusive right and privilege to explore, excavate or survey aboriginal mounds, earthworks, burial sites, etc.; state declares ownership of objects found or located therein, Ala. Code § 41-3-1.

        The State of Alabama reserves the exclusive right of exploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama. This right is subject to the rights of land owners. The state declares ownership all any objects found on these sites.

      5. What rights do nonresidents of the state maintain?

        Nonresidents not to explore or excavate remains or carry away from state objects discovered therein, Ala. Code § 41-3-2.

        Non-residents and their agents may not explore or excavate aboriginal mounds remains and other antiquities, earthworks, ancient or historical forts and burial sites. They may not send artifacts out of state. Alabama reserves the right of ownership to these objects.

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

        Commission a public body corporate, Ala. Code § 41-9-241.

        The Alabama Historical Commission, as an agency of the State of Alabama, has all powers necessary or convenient to effect the purposes for which it has been established to discharge of its powers and duties.

        Exercise of police jurisdiction over hospitals, poorhouses, cemeteries, etc., Ala. Code § 11-47-22.

        All cities and towns of this state shall have the power to exercise police jurisdiction over all lands purchased or acquired by the city or town for the purpose of being used or occupied as a hospital, quarantine station, poorhouse, pesthouse, workhouse or house of correction, schoolhouse, sanitary or storm water sewers, rights-of-way, cemeteries and parks. The laws and ordinances of the cities and towns shall apply to and extend over all the lands so occupied.

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

        The State of Alabama reserves the exclusive right and privilege to explore, excavate or survey aboriginal mounds, earthworks, burial sites, etc.; state declares ownership of objects found or located therein, Ala. Code § 41-3-1.

        The State of Alabama reserves the exclusive right of exploring, excavating or surveying, through its authorized officers, agents or employees, all aboriginal mounds and other antiquities, earthworks, ancient or historical forts and burial sites within the State of Alabama. This right is subject to the rights of land owners. The state declares ownership all any objects found on these sites.

        Purpose of commission, Ala. Code § 41-9-242.

        The Alabama Historical Commission may, in its own name or in the name of the State of Alabama, purchase, devise, lease, assign, license, condemn, gift, bequest, or transfer buildings, objects and sites it deems worthy of being preserved, improved, protected and maintained for or on account of their particular historic, archaeological or architectural significance.

        Said buildings, objects and sites shall include, but shall not be limited to, the following:

        (1) Buildings in which events of great significance to Alabama's or the nation's history have taken place and the sites surrounding them;

        (2) Birthplaces or residences of outstanding personages and the sites surrounding them;

        (3) The sites of historic or significant events in Alabama or United States history, including military engagements, Indian treaties and massacres;

        (4) Buildings of significant or outstanding architectural value;

        (5) Buildings, sites, objects or monuments of special significance to our cultural, military, social, economic, religious or commercial heritage, including post roads, traces, ruins, railroads, plantations, wharfs, missions, places of treaties, cemeteries, fortifications and places of worship; and

        (6) Archaeological sites for excavational, salvage, protective and interpretative purposes.

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

        Composition of commission; qualifications, appointment, terms of office and removal of members; vacancies, Ala. Code § 41-9-243.

        The commission will have 20 qualified members. It will include the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Director of the Department of Archives and History, the Director of the State Bureau of Tourism and Travel, the Commissioner of Conservation and Natural Resources, the Director of the Technical Staff of the Alabama Building Commission and 13 members appointed by the Governor. Each of the following will give the governor a list of three nominees to fill one of the 13 positions: the Alabama Council of the American Institute of Architects; the Alabama Historical Association; the Alabama State Chamber of Commerce; the Alabama Farmers Federation; the President of the University of Alabama; the President of Auburn University; the President of the University of South Alabama; President of Troy State University; the President of the University of Montevallo; the Alabama Archaeological Society; the state at-large. The Chairman of the Restructured Historic Chattahoochee Commission shall serve as an ex officio policy making member of the commission.

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

        Board of directors; appointment, terms, vacancies, reappointment, expenses, removal, etc., Ala. Code § 41-10-140. The state preservation board will have three directors. The directors will have good moral character and will be qualified citizens and residents of the area of operation. If the area of operation of an authority is completely within the corporate limits of any municipality, the municipal government will appoint them. If the area of operation of an authority is within a single county, the county government will appoint them. If the area of operation of an authority is larger than any single county, the Governor will appoint them. The Governor shall notify the respective county governing bodies in writing when appointments need to be made. The Governor may appoint any person qualified to serve as such under the provisions of this article as director of the board if the Governor notifies it in writing 20 days prior to the appointment.

        The terms of the directors shall be staggered, the first term of one director being for two years from and after the date of his appointment, the first term of another director being for four years from and after the date of his appointment, and the first term of the remaining director being for six years from and after the date of his appointment; thereafter, the term of office of each director shall be for six years. The Governor or the state preservation board has the power to fill vacancies. When a vacancy is filled, it is for the remainder of the unexpired term. Directors are eligible for reappointment. Directors may be impeached and removed from office according to the terms of impeachment defined in the state constitution.

    2. Scope of Authority

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

        Burial societies—Special powers, Ala. Code § 10-4-27.

        Burial societies may exercise all powers necessary for properly governing, beautifying, improving and taking care of graveyards. The burial societies may make such bylaws, rules and regulations as are proper and necessary to secure them.

        Burial societies, cemeteries, etc., empowered to accept conveyances, devises, etc., and to act as trustees, Ala. Code § 11-17-14.

        Every burial society or burial association organized under the laws of this state and every corporation having power to act as trustee or engage in the business of owning, controlling and maintaining private or public cemeteries are empowered to accept conveyances, transfers, devises or bequests on behalf of the burial land and to act as trustee for any such trust.

      2. How are cemetery sales records to be kept?

        Record keeping requirements, Ala. Code § 27-17A-48.

        Each cemetery authority will maintain a list of the names and addresses of its owners and directors. The list will be available to the public at every place the authority does business. Each cemetery authority will maintain a record of property owners. The records must include names of the property owners, last known addresses, descriptions of merchandise, and locations of burial lots, crypts, or niches. Each cemetery location will maintain a plat map at the cemetery business office. In addition, the cemetery authority will keep a book or file as to the date, location by lot, and space number of each person interred or entombed in the cemetery. The cemetery authority will maintain a written copy of the cemetery rules and regulations at each location and will make it available to the public upon request.

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

        Purpose of commission, Ala. Code § 41-9-242.

        The Alabama Historical Commission may, in its own name or in the name of the State of Alabama, purchase, devise, lease, assign, license, condemn, gift, bequest, or transfer buildings, objects and sites it deems worthy of being preserved, improved, protected and maintained for or on account of their particular historic, archaeological or architectural significance.

        Said buildings, objects and sites include, but are not be limited to, the following:

        (1) Buildings in which events of great significance to Alabama's or the nation's history have taken place and the sites surrounding them;

        (2) Birthplaces or residences of outstanding personages and the sites surrounding them;

        (3) The sites of historic or significant events in Alabama or United States history, including military engagements, Indian treaties and massacres;

        (4) Buildings of significant or outstanding architectural value;

        (5) Buildings, sites, objects or monuments of special significance to state cultural, military, social, economic, religious or commercial heritage, including post roads, traces, ruins, railroads, plantations, wharfs, missions, places of treaties, cemeteries, fortifications and places of worship; and

        (6) Archaeological sites for excavation, salvage, protective and interpretative purposes.

        Powers and duties of the Alabama Historical Commission generally, Ala. Code § 41-9-249.

        The commission shall have the following duties and powers:

        (3) To accept for renovation, maintenance, restoration, preservation or management and operation any building or site within the state owned by the United States, the State of Alabama or any agency or subdivision of Alabama or by the national trust for historic preservation or by natural or corporate persons, public or private. It will be on terms and conditions the commission deems in the best interest of the State of Alabama.

        (4) To acquire, by exercise of the power of eminent domain, historic structures of paramount or exceptional importance, such as those Alabama landmarks eligible for nomination to or recorded in the National Register of Historic Places; provided, that at least two-thirds of the members of the commission shall vote to acquire such structures by the exercise of this measure;

        (7) To acquire, receive and take title to, by purchase, gift, lease, devise or otherwise, and to own, to hold, keep and develop, and to sell, transfer, convey, lease, and assign to any person or otherwise dispose of property of every kind and character, whether real, personal or mixed, whether tangible or intangible, whether in trust or otherwise, together with any and every interest therein, in furtherance of the lawful objectives of the commission.

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

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

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

        Loans, sales, grants, etc., of money, property, etc., to authority by counties, municipalities, etc., Ala. Code § 41-10-146. Any county, municipality or other political subdivision, public corporation, agency or instrumentality of this state may contract to restore, renovate, preserve, improve, protect or maintain public or private property listed in the National Register of Historic Places. It may:

        (1) Lend or donate money to or perform services for the benefit of an authority;

        (2) Donate, sell, convey, transfer, lease or grant to an authority, without the necessity of authorization at any election of qualified voters, any property of any kind, any interest therein and any franchise; and

        (3) Do anything not otherwise prohibited by law, necessary or convenient with aiding and cooperating with an authority in its efforts to restore, renovate, preserve, improve, protect, maintain or promote interest in any public or private property listed in the National Register of Historic Places.

        Distribution of municipal powers and duties among departments; authority of commissioners as heads of departments; additional duties of president of board. Ala. Code § 11-44-135.

        The department of public improvements shall have special supervision over all public improvements in the municipality including the improvement and maintenance of all public buildings, parks, playgrounds and cemeteries.

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

        Distribution of municipal powers and duties among departments; authority of commissioners as heads of departments; additional duties of president of board. Ala. Code § 11-44-135.

        The department of public improvements shall have special supervision over all public improvements in the municipality including the improvement and maintenance of all public buildings, parks, playgrounds and cemeteries.

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

        Powers and duties of commission generally, Ala. Code § 41-9-249.

        The commission shall have the following duties and powers:

        (1) To promote and increase knowledge and understanding of the history of this state, including the archaeological, Indian, Spanish, British, French, Colonial, Confederate and American eras. It shall adopt and execute general plans, methods and policies for permanently preserving and marking objects, sites, structures and ruins;

        (2) To promote and assist in the publicizing of the historic resources of the state by publicizing them and helping other government agencies that want to publicize them;

        (3) To accept for renovation, maintenance, restoration, preservation or management and operation any state or federally owned building or site within the state. They may also take buildings or sites owned by individuals or corporations if its in the best interest of the state;

        (4) To acquire, by exercise of the power of eminent domain, historic structures of paramount or exceptional importance. Those Alabama landmarks eligible for nomination to or recorded in the National Register of Historic Places are included. At least two-thirds of the commission shall vote to acquire them;

        (5) To charge admissions at buildings and sites under the control of the commission throughout the state. It may sell booklets, pamphlets and souvenirs and keep profits from the sales and admissions;

        (6) To adopt a seal for the commission and to use the same on its brochures, stationery and other official publications and upon its historic site markers;

        (7) To acquire, receive and take title to, by purchase, gift, lease, devise or otherwise, and to own, to hold, keep and develop, and to sell, transfer, convey, lease, and assign or otherwise dispose of property of every kind and character. That is all property, whether real, personal or mixed, whether tangible or intangible, whether in trust or otherwise, together with any and every interest therein;

        b. To negotiate for Dismals Wonder Gardens in Franklin County. It is held in trust for the Alabama Indian Commission. The historical commission will consult with the Alabama Indian Commission in preserving the historical heritage of the property. The profits from the property, including interest on any investments, will be used for its preservation;

        c. To administer property or trusts when it is received or held for the benefit of the historical heritage of the state. It may use the property and trusts for preservation of particular historic sites, buildings and objects, or for other lawful objectives of the commission; it may convert property or any into securities or other forms of property and use the proceeds there from. That includes interest on investments.

        d. To accept as trustee, beneficiary, or both, any interest in property it controls. Such gifts shall be deductible from Alabama state income tax by the donor or donors;

        e. To convey title or any interest in real estate by deed or other instrument executed by a majority of the commission; and to convey property other than real estate by agent or agents authorized by a majority vote of commissioners present and voting.

        (8) To maintain an in-state office for the executive director, the employees and the commission. It may acquire the necessary furniture and equipment therefore;

        (9) To prepare, create, purchase and distribute pamphlets and brochures describing the various historic buildings and sites under the jurisdiction of the state;

        (10) To make and publish a survey of the buildings, ruins and sites of historic, architectural or archaeological significance within the State of Alabama and to make available such survey to individuals, institutions and governmental bodies desiring copies of same;

        (11) To determine from such survey the buildings, ruins and sites listed therein which are considered worthy of permanent preservation, to certify same as being worthy and to publish said list;

        (12) To establish criteria for the certification, selection and acquisition of historic properties for state ownership and for state aid to local historic site projects;

        (13) To nominate selected landmarks with historic, architectural and archaeological significance to the National Register of Historic Places;

        (14) To establish and maintain a state historic preservation depository into which may be deposited antiques, relics, artifacts, mementos, paintings and other objects . The commission may restore these objects and to use them for the furnishing of its own historic buildings and other selected landmarks in Alabama;

        (15) To rent or lease any of its acquisitions to public or private agencies;

        (16) To publish an informational newsletter which shall periodically report on and promote local, regional and state historic preservation activities;

        (17) To produce and publish technical ("how to") manuals on historic preservation;

        (18) To publish and present citations and distinguished service awards to selected private and public organizations and individuals for outstanding achievements in preserving the heritage of Alabama;

        (19) To purchase, produce, sell and distribute historic souvenir items;

        (20) To improve, restore, preserve, renovate, maintain, exhibit, repair, rebuild, recreate and reconstruct its acquisitions, and the commission shall have jurisdiction over the same and the exhibits located thereon;

        (21) To purchase or otherwise acquire and to erect and maintain "historic markers" on such buildings, roads, trails, routes and sites as it shall designate and to cooperate with and assist local, regional and state historical groups in selecting and erecting such markers; and

        (22) To accept the gift of money and real and personal property from any and all public and private sources. Such gifts are tax deductable by the donor.

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

        Designation of historic properties and historic districts; commission recommendation, § 11-68-6.

        (a) On recommendation of the historic preservation commission, a governing municipality may designate historic properties and historic districts within its jurisdiction by enacting an ordinance.

        (b) The commission shall not recommend designation of an historic property or historic district unless it is based on a finding of a commission survey.

        (c) The commission’s recommendation of a historic property or historic district must be because it is identified with a significant aspect of the cultural, political, economic, military or social history of the locality, region, state or nation. It may have a significant relationship with the life of a historic person or event. It may represent a major aspect of the history of the locality, region, state or nation, or if a part of the historic, architectural, archaeological or aesthetic heritage of the locality, region, state, or nation. With individual buildings or structures, the commission may recommend designation as an historic property if it is an example of an architectural style which is uniquely representative of the municipality. The commission may recommend designation as an historic district if the commission finds it has vernacular structures contributing to an overall sense of place representative of the municipality.

        Management plan; rules and regulations, Ala. Code § 41-9-293. (a) The commission, in coordination with the Department of Conservation and Natural Resources, shall develop and implement a management plan for cultural resources. The commission may appoint an advisory committee to assist with the plan, and to advise the commission with respect to needed rules or regulations. The commission, in coordination with the Department of Conservation and Natural Resources, may promulgate, in accordance with the state Administrative Procedure Act and in the best interest of the state, any rule or regulation necessary to implement this division; provided however, that they have the approval of the director of the commission and the Commissioner of Conservation and Natural Resources. The rules and regulations shall have the force and effect of law. (b) These regulations shall include, but not be limited to, any of the following:

        (1) The classification of historic maritime and submerged resources.

        (2) Contracting or permitting for various activities.

        (3) Establishing a repository or repositories for holding the ships, artifacts, treasure troves, or other cultural artifacts and materials recovered in the areas stipulated in this division.

        (4) Methods of enforcement of this division and rules and regulations promulgated hereunder.

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

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

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

        Purposes for which authorities may be formed, Ala. Code § 41-10-137. Public corporations may form as agencies or instrumentalities of this state for any one of the following purposes:

        (1) To undertake engineering, architectural, technical, financial, legal and other appropriate studies and surveys with respect to restoring, renovating, preserving, improving, protecting or maintaining any public or private property within the state listed in the National Register of Historic Places.

        (2) To restore, construct, acquire, own and operate, singly or in conjunction with others, lease, sell and otherwise dispose of land, buildings, houses or other structures, facilities or property within the state that have been listed in the National Register of Historic Places.

        (3) To cooperate with, lend financial assistance to and aid to in any matters having to do with restoring, renovating, preserving, improving, protecting or maintaining any public or private property listed in the National Register of Historic Places, or to provide vicinity improvements.

        Powers and duties of commission generally, Ala. Code § 41-9-249.

        (3) To accept for renovation, maintenance, restoration, preservation or management and operation any state or federally owned building or site within the state. They may also take buildings or sites owned by individuals or corporations if its in the best interest of the state;

        (4) To acquire, by exercise of the power of eminent domain, historic structures of paramount or exceptional importance. Those Alabama landmarks eligible for nomination to or recorded in the National Register of Historic Places are included. At least two-thirds of the commission shall vote to acquire them;

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

        Preservation, operation, etc., of certain historical properties and sites by commission, Ala. Code § 41-9-250. (a) The following historic properties and sites shall be under the jurisdiction and control of the Alabama Historical Commission:

        (1) Fort Mims, Stockton, Baldwin County;

        (2) Fort Toulouse, Wetumpka, Elmore County;

        (3) Gaineswood, Demopolis, Marengo County; and

        (4) Confederate Memorial Cemetery, Mountain Creek, Chilton County.(b) The Alabama Historical Commission shall have full authority to develop, renovate, restore, preserve, maintain, operate, exhibit and publicize these properties. Cahawba Historical Site -- Preservation, operation, etc., Ala. Code § 41-9-251. The Cahawba Historical Site, a property on the National Register of Historic Places, Dallas County, Alabama, shall be under the jurisdiction and control of the Alabama Historical Commission, which shall have full authority to develop, renovate, preserve, maintain, operate, exhibit, and publicize the Cahawba Historical Site in accordance with the powers and responsibilities of the commission.

        Powers and duties of the historical commission generally, Ala. Code § 41-9-249.

        (7) b. To negotiate for Dismals Wonder Gardens in Franklin County. It is held in trust for the Alabama Indian Commission. The Alabama Historical Commission will consult with the Alabama Indian Commission in preserving the historical heritage of the property. The profits from the property, including interest on any investments, will be used for its preservation;

  5. 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?

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

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

        Alabama State Historic Preservation Fund, Ala. Code § 41-9-255. This establishes a fund in the state treasury to be known as the "Alabama State Historic Preservation Fund." It is for money received by the commission from admissions, inspection fees, gifts, donations, grants, leases, rentals, bequests, loans, governmental appropriations or any other sources, either public or private. The funds will pay for maintenance, acquisitions, preservation and operation of the commission’s acquisitions and for carrying out any and all of the purposes of this division, including the payment of the salaries of any employees of said commission and any commission expenses. Money contributed to or deposited in this fund for capital outlay projects and from any source other than state appropriations for operations shall not revert to the general fund of the state. It will remain in the preservation fund until the commission spends it.

        Exemption from taxation of commission and properties, income, etc., thereof, Ala. Code § 41-9-256. The commission, as an agency of the State of Alabama, shall constitute a nonprofit governmental agency and shall have a tax-exempt status. The properties of the commission and the income from all lease agreements and contracts it makes will be forever exempt from any and all state taxes. This exemption includes, but is not limited to, income, admission, amusement, excise, sales, use and ad valorem taxes.

        Distribution of funds, Ala. Code § 41-9-296. Any funds the commission receives under the terms and conditions of permits or contracts made pursuant to this division shall be placed in funds maintained in the State Treasury. The commission shall, pursuant to its rulemaking power, provide a procedure for the sale at public auction of any articles seized pursuant to this division, with the proceeds going to the State General Fund to be appropriated by the Legislature.

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

        Burial societies, cemeteries, etc., empowered to accept conveyances, devises, etc., and to act as trustees, Ala. Code § 11-17-14.

        Every burial society or burial association organized under the laws of this state and every corporation having power to act as trustee or engage in the business of owning, controlling and maintaining private or public cemeteries are hereby empowered to accept a conveyance, transfer, devise or bequest and to act as trustee for any such trust.

        Trusts created by conveyances, devises, etc., may be perpetual; terms and conditions of same, Ala. Code § 11-17-15. Any trust created by any such conveyance, transfer, devise or bequest may be perpetual or for any other length of time and may be made subject to any lawful terms and conditions consistent with the uses for which such burial place or burial lot, money or property may be so conveyed, transferred, devised or bequeathed.

        How are state historic archives maintained?

        Acquisition, operation, etc., of libraries or museums by commission; commission not to engage in publishing or printing of historical quarterlies, Ala. Code § 41-9-254. The commission shall not accept, acquire, operate or maintain libraries or museums, except when the same are an integral part of one of the properties owned or managed by the commission. It shall not publish or print historical quarterlies.

        Management plan; rules and regulations, Ala. Code § 41-9-293. (a) The commission, in coordination with the Department of Conservation and Natural Resources, shall develop and implement a management plan for cultural resources. The commission may appoint an advisory committee to assist with the plan, and to advise the commission with respect to needed rules or regulations. The commission, in coordination with the Department of Conservation and Natural Resources, may promulgate, in accordance with the state Administrative Procedure Act and in the best interest of the state, any rule or regulation necessary to implement this division; provided however, that they have the approval of the director of the commission and the Commissioner of Conservation and Natural Resources. The rules and regulations shall have the force and effect of law. (b) These regulations shall include, but not be limited to, any of the following:

        (1) The classification of historic maritime and submerged resources.

        (2) Contracting or permitting for various activities.

        (3) Establishing a repository or repositories for holding the ships, artifacts, treasure troves, or other cultural artifacts and materials recovered in the areas stipulated in this division.

        (4) Methods of enforcement of this division and rules and regulations promulgated hereunder.

        Powers and duties of commission generally, Ala. Code § 41-9-249.

        The commission shall have the following duties and powers:

        (14) To establish and maintain a state historic preservation depository into which may be deposited antiques, relics, artifacts, mementos, paintings and other objects . The commission may restore these objects and to use them for the furnishing of its own historic buildings and other selected landmarks in Alabama;

        (15) To rent or lease any of its acquisitions to public or private agencies;

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

        Contracts for recovery or salvage of archaeological treasure, etc., Ala. Code § 41-9-249.1. (a) The Alabama Historical Commission may enter into contracts with any group or person for the recovery or salvage of archaeological treasure, sunken or abandoned ships and wrecks of the sea, or parts thereof or their contents on state-owned lands. This also applies to private lands with the written consent of the owner. Contracts shall be on forms approved by the commission and may provide for fair compensation to the salvager, and owner of the private land where applicable, in terms of a percentage of the reasonable cash value of the objects recovered or at the discretion of the commission, of a fair share of the objects recovered. The commission will determine the amount, taking into consideration the circumstances of each operation. The treasonable cash value may be determined by contractual agreement for appraisal by qualified experts or by representatives of the contracting parties. Each contract shall provide for the termination of any right in the salvager thereunder upon the violation of any of the terms thereof. Each contract shall be approved by both the state Finance Director and the Governor. The distribution of the state's share of the recovery or salvage shall be as follows:

        (1) All archaeological treasure and artifacts shall be in the custody and control of the Alabama Historical Commission.

        (2) All money from the sale of any recovered or salvaged archaeological treasure or artifacts including but not limited to gold, silver or other precious metal shall be deposited with the State Treasurer to the credit of the State General Fund.

        Purposes for which authorities may be formed, Ala. Code § 41-10-137. Public corporations may form as agencies or instrumentalities of this state for any one of the following purposes:

        (1) To undertake engineering, architectural, technical, financial, legal and other appropriate studies and surveys with respect to restoring, renovating, preserving, improving, protecting or maintaining any public or private property within the state listed in the National Register of Historic Places.

        (2) To restore, construct, acquire, own and operate, singly or in conjunction with others, lease, sell and otherwise dispose of land, buildings, houses or other structures, facilities or property within the state that have been listed in the National Register of Historic Places.

        (3) To cooperate with, lend financial assistance to and aid to in any matters having to do with restoring, renovating, preserving, improving, protecting or maintaining any public or private property listed in the National Register of Historic Places, or to provide vicinity improvements.

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

        Powers and duties of commission generally, Ala. Code § 41-9-249.

        The commission shall have the following duties and powers:

        (1) To promote and increase knowledge and understanding of the history of this state, including the archaeological, Indian, Spanish, British, French, Colonial, Confederate and American eras. It shall adopt and execute general plans, methods and policies for permanently preserving and marking objects, sites, structures and ruins;

        (2) To promote and assist in the publicizing of the historic resources of the state by publicizing them and helping other government agencies that want to publicize them;

        (3) To accept for renovation, maintenance, restoration, preservation or management and operation any state or federally owned building or site within the state. They may also take buildings or sites owned by individuals or corporations if its in the best interest of the state;

        (4) To acquire, by exercise of the power of eminent domain, historic structures of paramount or exceptional importance. Those Alabama landmarks eligible for nomination to or recorded in the National Register of Historic Places are included. At least two-thirds of the commission shall vote to acquire them;

        (5) To charge admissions at buildings and sites under the control of the commission throughout the state. It may sell booklets, pamphlets and souvenirs and keep profits from the sales and admissions;

        (6) To adopt a seal for the commission and to use the same on its brochures, stationery and other official publications and upon its historic site markers;

        (7) To acquire, receive and take title to, by purchase, gift, lease, devise or otherwise, and to own, to hold, keep and develop, and to sell, transfer, convey, lease, and assign or otherwise dispose of property of every kind and character. That is all property, whether real, personal or mixed, whether tangible or intangible, whether in trust or otherwise, together with any and every interest therein;

        b. To negotiate for Dismals Wonder Gardens in Franklin County. It is held in trust for the Alabama Indian Commission. The historical commission will consult with the Alabama Indian Commission in preserving the historical heritage of the property. The profits from the property, including interest on any investments, will be used for its preservation;

        c. To administer property or trusts when it is received or held for the benefit of the historical heritage of the state. It may use the property and trusts for preservation of particular historic sites, buildings and objects, or for other lawful objectives of the commission; it may convert property or any into securities or other forms of property and use the proceeds therefrom. That includes interest on investments.

        d. To accept as trustee, beneficiary, or both, any interest in property it controls. Such gifts shall be deductible from Alabama state income tax by the donor or donors;

        e. To convey title or any interest in real estate by deed or other instrument executed by a majority of the commission; and to convey property other than real estate by agent or agents authorized by a majority vote of commissioners present and voting.

        (8) To maintain an in-state office for the executive director, the employees and the commission. It may acquire the necessary furniture and equipment;

        (9) To prepare, create, purchase and distribute pamphlets and brochures describing the various historic buildings and sites under the jurisdiction of the state;

        (10) To make and publish a survey of the buildings, ruins and sites of historic, architectural or archaeological significance within the State of Alabama and to make available such survey to individuals, institutions and governmental bodies desiring copies of same;

        (11) To determine from such survey the buildings, ruins and sites listed therein which are considered worthy of permanent preservation, to certify same as being worthy and to publish said list;

        (12) To establish criteria for the certification, selection and acquisition of historic properties for state ownership and for state aid to local historic site projects;

        (13) To nominate selected landmarks with historic, architectural and archaeological significance to the National Register of Historic Places;

        (14) To establish and maintain a state historic preservation depository into which may be deposited antiques, relics, artifacts, mementos, paintings and other objects . The commission may restore these objects and to use them for the furnishing of its own historic buildings and other selected landmarks in Alabama;

        (15) To rent or lease any of its acquisitions to public or private agencies;

        (16) To publish an informational newsletter which shall periodically report on and promote local, regional and state historic preservation activities;

        (17) To produce and publish technical ("how to") manuals on historic preservation;

        (18) To publish and present citations and distinguished service awards to selected private and public organizations and individuals for outstanding achievements in preserving the heritage of Alabama;

        (19) To purchase, produce, sell and distribute historic souvenir items;

        (20) To improve, restore, preserve, renovate, maintain, exhibit, repair, rebuild, recreate and reconstruct its acquisitions, and the commission shall have jurisdiction over the same and the exhibits located thereon;

        (21) To purchase or otherwise acquire and to erect and maintain "historic markers" on such buildings, roads, trails, routes and sites as it shall designate and to cooperate with and assist local, regional and state historical groups in selecting and erecting such markers; and

        (22) To accept the gift of money and real and personal property from any and all public and private sources. Such gifts are tax deductable by the donor.

      6. What funding exists for state historical education efforts?

        Counties and cities authorized to undertake research into history of state, Ala. Code § 16-42-1. The state county commissions and the municipalities are authorized and empowered to promote education by undertaking research into the history of the state, its counties, municipalities, coastline and boundaries, the territories included therein, its geological deposits, agricultural and marine data, rivers, streams and harbors. They may promote and research its history from the earliest times and especially during the colonial period, A.D. 1519 to A.D. 1815. They may undertake the collection of historical data and information, and translations, and effect the publication of these records for the free distribution to state public libraries, school libraries and college and university libraries within the state. This is for the further diffusion of historical knowledge and state resources and for the encouragement in general of historical work and research in all colonial records of the state.

        Use of county and municipal funds, Ala. Code § 16-42-2. To carry out the authority vested in the county commissions and the governing bodies of the municipalities by the provisions of Section 16-42-1, the county governing bodies and the governing bodies of the municipalities of the state are authorized and empowered to set aside, appropriate and use county funds and municipal funds.

        Contracts between counties or cities and historical corporations, etc., authorized, Ala. Code § 16-42-3. To carry out the provisions of this chapter, all county governing bodies and the governing bodies of all municipalities are hereby authorized to enter into contracts with state historical corporations, foundations or associations which are duly incorporated.

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

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

    2. Special Funding for Public Lands

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

        Trusts created by conveyances, devises, etc., may be perpetual; terms and conditions of same,Ala. Code § 11-17-15.

        Any trust created by any conveyance, transfer, devise or bequest to a cemetery may be perpetual or for any other length of time. It may be subject to lawful terms and conditions consistent with the uses for which such burial place or burial lot, money or property may be so conveyed, transferred, devised or bequeathed.

    3. Special Funding for Private Lands

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

        Trusts created by conveyances, devises, etc., may be perpetual; terms and conditions of same,Ala. Code § 11-17-15.

        Any trust created by any conveyance, transfer, devise or bequest to a cemetery may be perpetual or for any other length of time. It may be subject to lawful terms and conditions consistent with the uses for which such burial place or burial lot, money or property may be so conveyed, transferred, devised or bequeathed.

  6. State Recognition of Constituent Groups

    1. Laws Recognizing or Acknowledging Constituent Groups

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

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

      2. What tribes are recognized by the state?

        The Poarch Band of Creeks of Escambia County, www.poarchcreekindians.org ; the Mowa Band of Choctaws of Southwest Alabama; the Star Clan of Muscogee Creeks of Pike County; the Echota Cherokees, www.echotacherokeetribe.homestead.com; the Cherokees of Northeast Alabama, www.cherokeetribeofnortheastalabama.com; the Cherokees of Southeast Alabama, www.ucan-online.org; the Ma-Chis Lower Creek Indian Tribe, www.machistribe.com; and Cher-O-Creek Intra Tribal Indians.

        (Information from the Alabama Indian Affairs Commission, http://aiac.alabama.gov/)

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

        The Poarch Band of Creeks of Escambia County, www.poarchcreekindians.org, is both a state-recognized and federally-recognized tribe. The other eight tribes recognized by the state are not federally-recognized.

        (Information from the Alabama Indian Affairs Commission, http://aiac.alabama.gov/)

    2. Enforcement Laws

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

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

    3. 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.

    4. Regulatory Laws

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

        Creation; administration; composition; qualifications; chairman; terms of office; recognition and representation of additional Indian tribes, bands, and groups; written complaints concerning commissioner,Ala. Code § 41-9-708.

        The Alabama Historical Commission is empowered to recognize additional Indian tribes, bands, or groups. The commission shall adopt appropriate procedure for such recognition process. Any recognized Indian tribe, band, or group shall be entitled to have one representative on the commission, appointed for an initial term of three years by the Governor. Said member shall be granted the same voting powers accorded other members.

        Criteria For Recognition As A Tribe, Band Or Group,Ala. Admin. Code r. 475-X-3-.03 (2010)

        (1) Petitioner must meet all criteria as specified in this section.

        (2) Petitioner must present a list of at least five hundred (500) members who reside in Alabama, of the tribe, band, or group (list must be inclusive by name and physical addresses), unless this requirement is waived by an affirmative vote of three-fourths (3/4) of the membership of the commission.

        (3) Petitioner must present evidence that each of its members is a descendent of individuals recognized as Indian members of an historical Alabama tribe, band, or group found on rolls compiled by the federal government or otherwise identified on other official records or documents. Copies of ancestry charts with certified copies of birth certificates, or other official documents that clearly link petitioner to ancestor for each member must accompany the petition. Each chart must bear the notarized signature of the individual to whom it pertains.

        (4) Petitioner must present satisfactory evidence that its members form a kinship group whose Indian ancestors were related by blood and such ancestors were members of a tribe, band or group indigenous to Alabama. This evidence may be the equivalent of the ancestry charts required in Section 3 above.

        (5) The petitioner must swear or affirm the following:

        (a) No individual holding or eligible for membership in a federally or state recognized tribe, band or group may be accepted for membership in the petitioning group. This requirement is for the protection of members of federally or state recognized tribes who might otherwise forfeit services by becoming members of a non-recognized tribal group.

        (6) Evidence must be presented that the petitioning tribe, band or group has been identified with a tribe, band or group or Indian community from historical times (200 years) until the present as "American Indian" and has a currently functioning governing body.

        (a) Ancestry charts must be verified and approved by written acknowledgement of a Certified Genealogist (CSL) who is a non-member of the petitioning tribe, band, group or Indian community.

        (b) Genealogist must submit a copy of current licensure and documentation of credentials.

        (c) Tribal history is a requirement. It may be prepared and written by the tribe, but it must be validated by a certified historian and/or anthropologist.

        (d) Historian must submit a resume' of prior work along with documentation of credentials.

        (7) Petitioner must include a statement bearing the notarized signatures of the three highest ranking officers of the petitioning tribe, band or group certifying that to the best of their knowledge and belief all information contained therein is true and accurate.

    5. Decision-Making Authorities

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

        Burial Permits, Alabama Historical Commission Administrative Code Chapter 460-X-10-.01 (b-f).

        If burials to be disturbed are less than 75 years old, the Alabama Historical Commission automatically issues permits to all county or municipal coroners, health officers all city county and state law enforcement agencies, licensed funeral cemetery operators and licensed morticians so that they may carry out their lawful duties. If burials to be disturbed are more than 75 years old, or if the burial date is unknown, the permitee shall consult with the Alabama Historical Commission about an additional permit limited to that burial only.

        Permits will be issued by the director of the Alabama Historical Commission after consultation with the archaeological staff. The Alabama Historical Commission, based on the information provided in the permit application, will coordinate consultation between interested or concerned parties including but not limited to the Indian Affairs Commission or other groups representing significant cultural or ethnic affiliations. The objective of this responsibility is to provide for a mechanism of public comment in cases where it may be necessary.

      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?

        Creation; administration; composition; qualifications; chairman; terms of office; recognition and representation of additional Indian tribes, bands, and groups; written complaints concerning commissioner, Ala. Code § 41-9-708. (a) The Alabama Indian Affairs Commission is created and shall be administered under the direction and supervision of the Joint Committee on Administrative Regulations.

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

        Creation; administration; composition; qualifications; chairman; terms of office; recognition and representation of additional Indian tribes, bands, and groups; written complaints concerning commissioner, Ala. Code § 41-9-708. (a) The Alabama Indian Affairs Commission is created and shall be administered under the direction and supervision of the Joint Committee on Administrative Regulations. (b) The commission shall have at least 11 members. All members of the commission must reside in Alabama. Members shall include a member of the State Senate, appointed by the Lieutenant Governor, and a member of the House of Representatives, appointed by the Speaker of the House of Representatives, seven Indian representatives from the seven tribes, bands, or groups in the State of Alabama, and one member at large.

        The Governor shall appoint seven Indian members from recommendations submitted by each of the seven Indian tribes, bands or groups, principally geographically located as follows: The Poarch Band of Creeks of Escambia County, one member; the Mowa Band of Choctaws of southwest Alabama, one member; the Star Clan of Muscogee Creeks of Pike County, one member; the Echota Cherokees of Alabama, one member; the Cherokees of northeast Alabama, one member; the Cherokees of southeast Alabama, one member; and the Ma-Chis Lower Creek Indian Tribe, one member. Each of the seven identified groups shall have one member.

        The commission shall appoint one Alabama resident, who is a member of a federally recognized Indian tribe, band or group, that is not a member of any tribe represented on this commission. The Governor shall appoint one member at large, who may be Indian or non-Indian; provided, however, that the majority of the members of the commission shall always be Indian.

        All above stated tribes, bands, and groups shall be state recognized upon passage of this article. The commission shall have the power to recognize additional Indian tribes, bands, or groups. The commission shall adopt appropriate procedure for such recognition process. Any recognized Indian tribe, band, or group shall be entitled to have one representative on the commission who shall be appointed for an initial term of three years by the Governor and subject thereafter to the same requirements and privileges as specified in subsections (b) and (c) and any other applicable sections. Said member shall be granted the same voting powers accorded other members. (c) The commission shall elect a chairman from among its members. Members serving by virtue of their office within state government shall serve so long as they hold that office. The terms of office for all other members shall be for four years each, except for the initial appointments which shall be as follows: Four members for two years; two members for three years; and two members for four years. The initial term and all subsequent terms of office of the member representing the Ma-Chis Lower Creek Indian Tribe shall be four years. Each member shall serve until his successor is appointed. Members shall be eligible for reappointment. Upon the death, disability, resignation, removal, or refusal to serve of any member, the Governor shall appoint a qualified member of that tribe, band, or group to fill the unexpired term of office. (d) The chairman shall submit any written complaint of any tribal body that appoints members to the commission, or any written complaint of any other appointing authority that any commissioner is negligent in the performance of his or her commission duties to the Governor for review. After reviewing the complaint, if the Governor determines the commission has been negligent, the Governor may remove the commissioner from the commission and appoint a successor as provided in this section.

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

        Powers and duties, Ala. Code § 41-9-710. The duty of the commission is to study, consider, accumulate, compile, assemble and disseminate information on any aspect of Indian affairs; to investigate relief needs of Indians of Alabama and to provide technical assistance in the preparation of plans for the alleviation of such needs; to confer with appropriate officials of local, state and federal governments and agencies of those concerned with Indian affairs to encourage and implement coordination of applicable resources to meet the needs of Indians in Alabama; to cooperate with and secure the assistance of the local, state and federal governments or any agencies thereof in formulating any such programs, and to coordinate such programs with any program regarding Indian affairs adopted or planned by the federal government to the end that the Alabama Indian Affairs Commission secure the full benefit of such programs; provided, however, that such commission is hereby authorized to directly seek and receive from the federal government any grants, funds or other benefits which may be available for Indians; to review all proposed or pending legislation and amendments to existing state legislation affecting Indians in Alabama; and to conduct public hearings on matters relating to Indian affairs.

      6. Is there a state Indian cultural heritage commission?

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

    6. Special Funding

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

        Authority to receive gifts, etc., Ala. Code § 41-9-714. The commission is authorized to receive, and hold, gifts, devises, bequests of money, real estate and other things of value to be used in the support and development of its work.

        Proceeds, Ala. Code § 32-6-551.

        The net revenue from sales of the "Proud of Our Indian Heritage" distinctive plates less administrative costs, including the costs of production incurred by the Revenue Department in producing the plates, shall be distributed by each judge of probate or license commissioner to the State Comptroller. The State Comptroller shall distribute the net proceeds monthly to the Alabama Indian Affairs Commission. It shall evenly distribute 50 percent of the proceeds to the tribes represented on the commission and recognized by the State of Alabama. The funds shall be used for cultural, educational, and economic development purposes.


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