Iowa Annotations
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Protection of Burials
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Acts Prohibited by Law and Subject to Criminal Sanctions
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What is the criminal liability for unlawfully excavating human remains or archaeological resources?
Criminal mischief in the third degree, Iowa Code § 716.5
Intentionally disinterring human remains from a burial site without lawful authority, or intentionally disinterring human remains which have state and national historical or scientific importance without permission from the state archaeologist is criminal mischief in the third degree, which is an aggravated misdemeanor.
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What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?
Theft defined, Iowa Code § 714.1
Exercising control over stolen property with the knowledge that it is stolen or having reason to believe it is stolen is theft, unless the person exercising control’s purpose is to restore the property to the owner or deliver it to the appropriate public officer.
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What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?
Criminal mischief in the third degree, Iowa Code § 716.5
Intentionally disinterring human remains from a burial site, or human remains which have historic or scientific value to the state or nation, without authority is criminal mischief in the third degree. Criminal mischief in the third degree is a misdemeanor.
We are unable to locate specific information relating to unlawfully possessing human remains and funerary objects at this time. The general criminal liability for possessing stolen objects is as follows.
Theft defined, Iowa Code § 714.1
Exercising control over stolen property with the knowledge that it is stolen or having reason to believe it is stolen is theft, unless the person exercising control’s purpose is to restore the property to the owner or deliver it to the appropriate public officer.
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What is the criminal liability for unlawfully disturbing human remains and funerary objects?
Criminal mischief in the third degree, Iowa Code § 716.5 Intentionally disinterring human remains from a burial site, or human remains which have historic or scientific value to the state or nation, without authority is criminal mischief in the third degree. Criminal mischief in the third degree is a misdemeanor.
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What is the criminal liability for defacing or destroying historical or archaeological sites?
We are unable to locate specific information relating to defacing or destroying historical or archaeological sites at this time. The general criminal liability for damage to property is as follows.
Criminal mischief defined, Iowa Code § 716.1
Intentional damage, defacing, alteration or destruction of property by a person with no right to do so is criminal mischief.
Multiple acts, Iowa Code § 716.2
When criminal mischief is committed on more than one object at about the same place and time, so that all acts may be attributed to a single plan, those acts constitute a single act of criminal mischief.
Criminal mischief in the first degree, Iowa Code § 716.3
Criminal mischief is in the first degree if the cost of repairing or replacing the damaged property is greater than ten thousand dollars. Criminal mischief intended to cause a substantial disruption to a public service such as gas, electric, waterworks, telephone or common carrier service is also criminal mischief in the first degree. Criminal mischief in the first degree is a class C felony.
Criminal mischief in the second degree, Iowa Code § 716.4
Criminal mischief, a class D felony, is in the second degree if the cost of replacing or repairing the damaged property is greater than one thousand dollars but less than ten thousand dollars.
Criminal mischief in the third degree, Iowa Code § 716.5
Criminal mischief is in the third degree if the cost of replacing or repairing the damaged property is greater than five hundred dollars but less than one thousand dollars. It is also criminal mischief in the third degree if the damaged property is a light, signal or obstruction erected to enclose or warn of an unsafe area or condition; or a deed or other legal instrument. Intentionally disinterring human remains from a burial site, or human remains which have historic or scientific value to the state or nation, without authority is also criminal mischief in the third degree. Criminal mischief in the third degree is a misdemeanor.
Criminal mischief in the fourth and fifth degrees, Iowa Code § 716.6
Criminal mischief in the fourth degree, a serious misdemeanor, is mischief where the cost of replacing or repairing the damage property is greater than two hundred dollars and less than five hundred dollars.
Criminal mischief which is not criminal mischief in the first, second, third or fourth degrees is criminal mischief in the fifth degree, which is a simple misdemeanor.
Criminal mischief in violation of individual rights, Iowa Code § 716.6A
Criminal mischief in the third, fourth or fifth degrees which is also a hate crime (defined in § 729A.2 shall be classified as an offense one degree higher than the underlying offense.
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What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?
Simulating objects of antiquity or rarity, Iowa Code § 715A.3
Making or altering any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not posses is a serious misdemeanor. In order to be found guilty of this crime, the perpetrator must have committed it with intent to defraud someone or with knowledge that he is facilitating a fraud.
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What is the criminal liability for unlawfully destroying tombs, monuments or gravestones?
We are unable to locate specific information dealing with destroying tombs, monuments or gravestones at this time. The general criminal liability for destroying property is as follows.
Criminal mischief defined, Iowa Code § 716.1
Intentional damage, defacing, alteration or destruction of property by a person with no right to do so is criminal mischief.
Multiple acts, Iowa Code § 716.2
When criminal mischief is committed on more than one object at about the same place and time, so that all acts may be attributed to a single plan, those acts constitute a single act of criminal mischief.
Criminal mischief in the first degree, Iowa Code § 716.3
Criminal mischief is in the first degree if the cost of repairing or replacing the damaged property is greater than ten thousand dollars. Criminal mischief intended to cause a substantial disruption to a public service such as gas, electric, waterworks, telephone or common carrier service is also criminal mischief in the first degree. Criminal mischief in the first degree is a class C felony.
Criminal mischief in the second degree, Iowa Code § 716.4
Criminal mischief, a class D felony, is in the second degree if the cost of replacing or repairing the damaged property is greater than one thousand dollars but less than ten thousand dollars.
Criminal mischief in the third degree, Iowa Code § 716.5
Criminal mischief is in the third degree if the cost of replacing or repairing the damaged property is greater than five hundred dollars but less than one thousand dollars. It is also criminal mischief in the third degree if the damaged property is a light, signal or obstruction erected to enclose or warn of an unsafe area or condition; or a deed or other legal instrument. Intentionally disinterring human remains from a burial site, or human remains which have historic or scientific value to the state or nation, without authority is also criminal mischief in the third degree. Criminal mischief in the third degree is a misdemeanor.
Criminal mischief in the fourth and fifth degrees, Iowa Code § 716.6
Criminal mischief in the fourth degree, a serious misdemeanor, is mischief where the cost of replacing or repairing the damage property is greater than two hundred dollars and less than five hundred dollars.We
Criminal mischief which is not criminal mischief in the first, second, third or fourth degrees is criminal mischief in the fifth degree, which is a simple misdemeanor.
Criminal mischief in violation of individual rights, Iowa Code § 716.6A
Criminal mischief in the third, fourth or fifth degrees which is also a hate crime (defined in § 729A.2 shall be classified as an offense one degree higher than the underlying offense.
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What is the criminal liability for unlawfully taking or possessing monuments or gravestones?
We are unable to locate specific information dealing with taking or possessing monuments or gravestones at this time. The general criminal liability for unlawfully taking or possessing property is as follows.
Theft defined, Iowa Code § 714.1
Theft is defined as taking possession or control over the property of another, or property in the possession of another, with intent to deprive the other of the property. This also includes misappropriating property in which another person has a trust, and using the property in such a way that is inconsistent with the person’s trust.
Exercising control over stolen property with the knowledge that it is stolen or having reason to believe it is stolen is theft, unless the person exercising control’s purpose is to restore the property to the owner or deliver it to the appropriate public officer.
Degrees of theft, Iowa Code § 714.2
Theft of property which has a value exceeding ten thousand dollars, or theft of property from a building which has been destroyed or left unattended due to physical disaster, riot, bombing or the proximity of battle is a class C felony.
Theft of property which has a value exceeding one thousand dollars but not exceeding ten thousand dollars, and the theft of a motor vehicle, is a class D felony.
Theft of property which has a value exceeding five hundred dollars but not exceeding one thousand dollars is theft in the third degree, which is an aggravated misdemeanor. Theft of property not exceeding five hundred dollars in value by a person who has been convicted of theft twice before is also theft in the third degree.
Theft of property which has a value exceeding two hundred dollars but not exceeding five hundred dollars is theft in the fourth degree, which is a serious misdemeanor.
Theft of property not exceeding two hundred dollars in value is theft in the fifth degree, which is a simple misdemeanor.
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What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?
We are unable to locate specific information dealing with destroying petroglyphs and cave surfaces at this time. The general criminal liability for destroying property is as follows.
Criminal mischief defined, Iowa Code § 716.1
Intentional damage, defacing, alteration or destruction of property by a person with no right to do so is criminal mischief.
Multiple acts, Iowa Code § 716.2
When criminal mischief is committed on more than one object at about the same place and time, so that all acts may be attributed to a single plan, those acts constitute a single act of criminal mischief.
Criminal mischief in the first degree, Iowa Code § 716.3
Criminal mischief is in the first degree if the cost of repairing or replacing the damaged property is greater than ten thousand dollars. Criminal mischief intended to cause a substantial disruption to a public service such as gas, electric, waterworks, telephone or common carrier service is also criminal mischief in the first degree. Criminal mischief in the first degree is a class C felony.
Criminal mischief in the second degree, Iowa Code § 716.4
Criminal mischief, a class D felony, is in the second degree if the cost of replacing or repairing the damaged property is greater than one thousand dollars but less than ten thousand dollars.
Criminal mischief in the third degree, Iowa Code § 716.5
Criminal mischief is in the third degree if the cost of replacing or repairing the damaged property is greater than five hundred dollars but less than one thousand dollars. It is also criminal mischief in the third degree if the damaged property is a light, signal or obstruction erected to enclose or warn of an unsafe area or condition; or a deed or other legal instrument. Intentionally disinterring human remains from a burial site, or human remains which have historic or scientific value to the state or nation, without authority is also criminal mischief in the third degree. Criminal mischief in the third degree is a misdemeanor.
Criminal mischief in the fourth and fifth degrees, Iowa Code § 716.6
Criminal mischief in the fourth degree, a serious misdemeanor, is mischief where the cost of replacing or repairing the damage property is greater than two hundred dollars and less than five hundred dollars.
Criminal mischief which is not criminal mischief in the first, second, third or fourth degrees is criminal mischief in the fifth degree, which is a simple misdemeanor.
Criminal mischief in violation of individual rights, Iowa Code § 716.6A
Criminal mischief in the third, fourth or fifth degrees which is also a hate crime (defined in § 729A.2 shall be classified as an offense one degree higher than the underlying offense.
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What is the criminal liability for removing or damaging headstones?
We are unable to locate specific information dealing with destroying headstones at this time. The general criminal liability for destroying property is as follows.
Criminal mischief defined, Iowa Code § 716.1
Intentional damage, defacing, alteration or destruction of property by a person with no right to do so is criminal mischief.
Multiple acts, Iowa Code § 716.2
When criminal mischief is committed on more than one object at about the same place and time, so that all acts may be attributed to a single plan, those acts constitute a single act of criminal mischief.
Criminal mischief in the first degree, Iowa Code § 716.3
Criminal mischief is in the first degree if the cost of repairing or replacing the damaged property is greater than ten thousand dollars. Criminal mischief intended to cause a substantial disruption to a public service such as gas, electric, waterworks, telephone or common carrier service is also criminal mischief in the first degree. Criminal mischief in the first degree is a class C felony.
Criminal mischief in the second degree, Iowa Code § 716.4
Criminal mischief, a class D felony, is in the second degree if the cost of replacing or repairing the damaged property is greater than one thousand dollars but less than ten thousand dollars.
Criminal mischief in the third degree, Iowa Code § 716.5
Criminal mischief is in the third degree if the cost of replacing or repairing the damaged property is greater than five hundred dollars but less than one thousand dollars. It is also criminal mischief in the third degree if the damaged property is a light, signal or obstruction erected to enclose or warn of an unsafe area or condition; or a deed or other legal instrument. Intentionally disinterring human remains from a burial site, or human remains which have historic or scientific value to the state or nation, without authority is also criminal mischief in the third degree. Criminal mischief in the third degree is a misdemeanor.
Criminal mischief in the fourth and fifth degrees, Iowa Code § 716.6
Criminal mischief in the fourth degree, a serious misdemeanor, is mischief where the cost of replacing or repairing the damage property is greater than two hundred dollars and less than five hundred dollars.
Criminal mischief which is not criminal mischief in the first, second, third or fourth degrees is criminal mischief in the fifth degree, which is a simple misdemeanor.
Criminal mischief in violation of individual rights, Iowa Code § 716.6A
Criminal mischief in the third, fourth or fifth degrees which is also a hate crime (defined in § 729A.2 shall be classified as an offense one degree higher than the underlying offense.
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What are the general state criminal laws for abuse of corpse?
Abuse of a corpse, Iowa Code § 709.18
A person commits abuse of corpse if that person: intentionally and knowingly engages in a sex act (defined in § 702.12) with a human corpse; mutilates, disfigures or dismembers a human corpse with the intent to conceal a crime; or hides or buries a corpse with the intent to commit a crime. Abuse of corpse is a class D felony.
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What are the general state criminal laws for theft?
Theft defined, Iowa Code § 714.1
Theft is defined as taking possession or control over the property of another, or property in the possession of another, with intent to deprive the other of the property. This also includes misappropriating property in which another person has a trust, and using the property in such a way that is inconsistent with the person’s trust.
Degrees of theft, Iowa Code § 714.2
Theft of property which has a value exceeding ten thousand dollars, or theft of property from a building which has been destroyed or left unattended due to physical disaster, riot, bombing or the proximity of battle is a class C felony.
Theft of property which has a value exceeding one thousand dollars but not exceeding ten thousand dollars, and the theft of a motor vehicle, is a class D felony.
Theft of property which has a value exceeding five hundred dollars but not exceeding one thousand dollars is theft in the third degree, which is an aggravated misdemeanor. Theft of property not exceeding five hundred dollars in value by a person who has been convicted of theft twice before is also theft in the third degree.
Theft of property which has a value exceeding two hundred dollars but not exceeding five hundred dollars is theft in the fourth degree, which is a serious misdemeanor.
Theft of property not exceeding two hundred dollars in value is theft in the fifth degree, which is a simple misdemeanor.
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What are the general state laws for receiving stolen property?
Theft defined, Iowa Code § 714.1
Exercising control over stolen property with the knowledge that it is stolen or having reason to believe it is stolen is theft, unless the person exercising control’s purpose is to restore the property to the owner or deliver it to the appropriate public officer.
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What are the general state criminal laws for unlawful trespass?
Trespass defined, Iowa Code § 716.7
The following acts are trespassing:
1. Entering property without express permission of the owner, lessee or person in possession with the intent to commit a public offense or to use, remove, place or damage anything animate or inanimate on or in the property.
2. Entering or remaining on property without justification after being notified or requested not to enter or to leave by the owner, possessor or person responsible for supervising the property.
3. Entering the property of another with the intent of interfering with the other’s lawful use of the property.
4. Being on property and wrongfully using, altering, damaging or placing on the property anything animate or inanimate without implied or actual permission from the owner, lessee or lawful possessor.
5. Entering or remaining on railroad property without lawful authority or without the consent of the railroad company which owns or operates the property.
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What are the general state criminal laws for mischief?
Criminal mischief defined, Iowa Code § 716.1
Intentional damage, defacing, alteration or destruction of property by a person with no right to do so is criminal mischief.
Multiple acts, Iowa Code § 716.2
When criminal mischief is committed on more than one object at about the same place and time, so that all acts may be attributed to a single plan, those acts constitute a single act of criminal mischief.
Criminal mischief in the first degree, Iowa Code § 716.3
Criminal mischief is in the first degree if the cost of repairing or replacing the damaged property is greater than ten thousand dollars. Criminal mischief intended to cause a substantial disruption to a public service such as gas, electric, waterworks, telephone or common carrier service is also criminal mischief in the first degree. Criminal mischief in the first degree is a class C felony.
Criminal mischief in the second degree, Iowa Code § 716.4
Criminal mischief, a class D felony, is in the second degree if the cost of replacing or repairing the damaged property is greater than one thousand dollars but less than ten thousand dollars.
Criminal mischief in the third degree, Iowa Code § 716.5
Criminal mischief is in the third degree if the cost of replacing or repairing the damaged property is greater than five hundred dollars but less than one thousand dollars. It is also criminal mischief in the third degree if the damaged property is a light, signal or obstruction erected to enclose or warn of an unsafe area or condition; or a deed or other legal instrument. Intentionally disinterring human remains from a burial site, or human remains which have historic or scientific value to the state or nation, without authority is also criminal mischief in the third degree. Criminal mischief in the third degree is a misdemeanor.
Criminal mischief in the fourth and fifth degrees, Iowa Code § 716.6
Criminal mischief in the fourth degree, a serious misdemeanor, is mischief where the cost of replacing or repairing the damage property is greater than two hundred dollars and less than five hundred dollars.
Criminal mischief which is not criminal mischief in the first, second, third or fourth degrees is criminal mischief in the fifth degree, which is a simple misdemeanor.
Criminal mischief in violation of individual rights, Iowa Code § 716.6A
Criminal mischief in the third, fourth or fifth degrees which is also a hate crime (defined in § 729A.2 shall be classified as an offense one degree higher than the underlying offense.
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What are the general state criminal laws for damage to property?
Criminal mischief defined, Iowa Code § 716.1
Intentional damage, defacing, alteration or destruction of property by a person with no right to do so is criminal mischief.
Multiple acts, Iowa Code § 716.2
When criminal mischief is committed on more than one object at about the same place and time, so that all acts may be attributed to a single plan, those acts constitute a single act of criminal mischief.
Criminal mischief in the first degree, Iowa Code § 716.3
Criminal mischief is in the first degree if the cost of repairing or replacing the damaged property is greater than ten thousand dollars. Criminal mischief intended to cause a substantial disruption to a public service such as gas, electric, waterworks, telephone or common carrier service is also criminal mischief in the first degree. Criminal mischief in the first degree is a class C felony.
Criminal mischief in the second degree, Iowa Code § 716.4
Criminal mischief, a class D felony, is in the second degree if the cost of replacing or repairing the damaged property is greater than one thousand dollars but less than ten thousand dollars.
Criminal mischief in the third degree, Iowa Code § 716.5
Criminal mischief is in the third degree if the cost of replacing or repairing the damaged property is greater than five hundred dollars but less than one thousand dollars. It is also criminal mischief in the third degree if the damaged property is a light, signal or obstruction erected to enclose or warn of an unsafe area or condition; or a deed or other legal instrument. Intentionally disinterring human remains from a burial site, or human remains which have historic or scientific value to the state or nation, without authority is also criminal mischief in the third degree. Criminal mischief in the third degree is a misdemeanor.
Criminal mischief in the fourth and fifth degrees, Iowa Code § 716.6
Criminal mischief in the fourth degree, a serious misdemeanor, is mischief where the cost of replacing or repairing the damage property is greater than two hundred dollars and less than five hundred dollars.
Criminal mischief which is not criminal mischief in the first, second, third or fourth degrees is criminal mischief in the fifth degree, which is a simple misdemeanor.
Criminal mischief in violation of individual rights, Iowa Code § 716.6A
Criminal mischief in the third, fourth or fifth degrees which is also a hate crime (defined in § 729A.2 shall be classified as an offense one degree higher than the underlying offense.
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What are the general state criminal laws for hate crimes?
Violations of an individual’s rights prohibited, Iowa Code § 729A.1
Persons within the state of Iowa have the right to be free of any violence or intimidation by threat of violence committed against their person or property because of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability.
Violation of individual rights – hate crime, Iowa Code § 729A.2
The following crimes are hate crimes when committed against a person or person’s property because of the person’s race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age or disability:
- Assault (as defined in § 708.2C)
- Arson (as defined in § 712.9)
- Criminal mischief (as defined in § 716.6A)
- Trespass (as defined 716.8)
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Acts Prohibited by Law and Subject to Civil or Administrative Sanctions
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How is the excavation of historical and archaeological resources restricted in this state? (see Iowa Administrative Code – Archaeologist [685])
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How is the collection or removal of historic and archaeological resources restricted in this state? (see Iowa Administrative Code – Archaeologist [685])
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What specific laws restrict the alienation or use of historic burial places?
We are unable to locate information relevant to this question at this time.
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Time Limits for Bringing Criminal Action
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What time limits govern the initiation of a criminal action related to the protection of burials?
Felony – aggravated or serious misdemeanor, Iowa Code § 802.3
An indictment for a felony or aggravated or serious misdemeanor must be found within three years after the offense’s commission.
Simple misdemeanor – ordinance, Iowa Code § 802.4
An action for a simple misdemeanor or the violation of a county rule or municipal ordinance must be brought within one year of the offense’s commission.
Periods excluded from limitation, Iowa Code § 802.6
When a person leaves the state or is not publicly a resident of the state, the time of limitation shall start running once the person comes into the state. The time which a defendant is a public officer or employee does not count in the limitation if the offense arises from misconduct in that office or employment.
Continuing crimes, Iowa Code § 802.7
When an offense is based on a series of acts committed at different times, the time of limitations starts at the commission of the last offense.
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Time Limits for Bringing Civil Action
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What time limits govern the initiation of a civil action related to the protection of burials by the state, local authority or a private party?
Period, Iowa Code § 614.1
A civil action related to injury to property or fraud must be brought within five years of the accrual of the cause of action.
A civil action based on a written contract or for recovery of property must be brought within ten years of the accrual of the cause of action.
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Sanctions
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Criminal
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What are the general criminal fines and penalties for misdemeanors and felonies in the state?
Class "A" felony, Iowa Code § 902.1
A person convicted of a class A felony must be sentenced to life imprisonment, and shall not be released on parole unless the governor commutes the sentence.
Maximum sentence for felons, Iowa Code § 902.9
A person convicted of a class B felony shall be imprisoned for no more than 25 years.
A person convicted of a class C felony shall be imprisoned for no more than ten years and fined at least one thousand dollars but not more than ten thousand dollars.
A person convicted of a class D felony shall be imprisoned for no more than five years and fined at least seven hundred dollars but not more than seven thousand dollars.
Maximum sentence for misdemeanants, Iowa Code § 903.1
The following provisions apply if the statute defining the misdemeanor does not fix specific sentencing guidelines.
A person convicted of a simple misdemeanor shall be imprisoned not more than thirty days and/or fined at least sixty-five dollars but not more than six hundred and twenty five dollars.
A person convicted of a serious misdemeanor shall be fined at least three hundred fifteen dollars but not more than one thousand eight hundred and seventy-five dollars, and may also be imprisoned not more than one year.
A person convicted of an aggravated misdemeanor shall be imprisoned not more than two years, and fined at least six hundred twenty-five dollars, and not more than six thousand two hundred and fifty dollars.
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What are the class designations for misdemeanors and felonies in this state?
Felony defined and classified, Iowa Code § 701.7
Felonies are classified in classes – class A, class B, class C and class D. If a statute does not specify which class a felony is, it is a class D felony.
Misdemeanor defined and classified, Iowa Code § 701.8
All offenses which are not specified as felonies in the statute defining them are misdemeanors. Misdemeanors are divided into classes of aggravated misdemeanors, serious misdemeanors and simple misdemeanors. If no classification is specified in statute, a public offense is a simple misdemeanor.
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Civil or Administrative
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What are the civil sanctions related to burial protection in the state?
Prosecution for violations of law – civil penalties, Iowa Code § 523I.205
The Commissioner of Insurance may impose a civil sanction on anyone who violates the Iowa Cemetery Act. The sanction shall not exceed ten thousand dollars per violation. Each day of a continuing violation constitutes a separate violation.
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What are the administrative sanctions related to burial protection in the state?
We are unable to locate information relevant to this question at this time.
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Preservation of Burials and Compliance Therewith
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Laws related to Preservation of Burials
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How are future interests in property involving burials subject to the rule against perpetuities?
Protection of cemeteries and burial sites, Iowa Code § 523I.316
A cemetery or pioneer cemetery cannot be appropriated by adverse possession unless it is shown that all remains have been removed and reinterred in another location.
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How can the state exercise eminent domain over a cemetery or historic property?
Cemetery lands, Iowa Code § 6A.7
The state may not exercise eminent domain over lands platted, used and devoted to cemetery purposes for any railway purpose without the consent of the officers or the owners of the cemetery.
Acquisition by other than condemnation, Iowa Code § 457A.1
The department of natural resources, the historical division of the department of cultural affairs, the state archaeologist, any county conservation board and any city or agency of a city may, by purchase, gift, contract or any other voluntary means, not including eminent domain, acquire a conservation easement in land to preserve the scenic beauty of the state or otherwise conserve natural and cultural resources for the benefit of the public.
Powers and duties, Iowa Code § 465C.8
The state advisory board for preserves can designate an area which has unusual flora, fauna, geological, archaeological, scenic or historic features or scientific of educational value as state preserve. An area designated as a preserve is held in trust and shall not be alienated except to another public use on a finding of unavoidable public necessity. A preserve may not be taken by eminent domain absent a finding of imperative and unavoidable public necessity, and consent of the board, the general assembly and the governor.
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What is the procedure for abandoning burial grounds or cemetery lots?
Neglected cemeteries, Iowa Code § 523I.401
The Commissioner of Insurance must make a form for people to report neglected cemeteries. The Commissioner shall then catalog and review all reports of neglected cemeteries, conduct necessary site visits, and publish a report of his findings.
Removal of remains, Iowa Code § 523I.402
Any heir or descendant to a person interred in a neglected cemetery may file suit in the district court for the district in which the cemetery is located, asking to have the remains of that person removed and reinterred in another cemetery. The court may order the removal and reinterment, at the plaintiff’s expense, if the plaintiff shows good cause.
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What is the procedure for removing or replacing headstones?
Protection of cemeteries and burial sites, Iowa Code § 523I.316
If a law enforcement officer has reason to believe that a person is in possession of a memorial or memorialization without the right to possess it, the officer may take possession and turn it over to his law enforcement agency. If the agency determines that it belongs to an interment space, it shall make arrangements to have it reinstalled there.
Rulemaking and enforcement, Iowa Code § 523I.304
A cemetery’s rules must include the cemetery’s specific obligations and liability in the case of vandalism or other damage to interment spaces, memorials or memorializations. This may include a multiyear replacement/restoration plan if the cemetery is unable to cover the expenses of repairs immediately. The owner of a burial space must be notified of any damage within sixty days of discovery.
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How will the state preserve historical or archaeological resources including human remains, burial places, and funerary objects threatened by public construction or public works?
Division responsibilities, Iowa Code § 303.2
A state agency which owns, manages or administers a historical site must enter into an agreement with the department of cultural affairs to ensure proper management, maintenance and development of the site.
State department of transportation contracts, Iowa Code § 263B.5
The state department of transportation must take all reasonable care that historic objects not be destroyed if such destruction is reasonably avoidable. If the destruction is unavoidable, the department must first obtain all information about the historic objects. If the appropriate authorities determine that the historical objects threatened to be destroyed cannot reasonably removed or preserved, consideration must be given to alternate locations for the construction.
If historic objects are discovered during construction, the appropriate authority must be notified immediately, and steps must be taken either to excavate and preserve, or obtain and record data about, the historic object.
Natural and historic preservation, Iowa Code § 314.24
The department of transportation, along with cities and counties, must preserve and protect natural and historic heritage to the extent possible in the design, construction, reconstruction, relocation, repair or maintenance of roads, streets or highways. Destruction or damage to historic or archaeological sites shall be avoided if there are reasonable alternatives at no significantly greater cost. The department, cities and counties must make a diligent effort to study alternative locations.
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What are the procedures excavating or removing remains or archaeological resources on public lands?
Duties, Iowa Code § 263B.2
The state archaeologist has primary responsibility for the discovery, location and excavation of archaeological sites, and for the recovery, restoration and preservation of archaeological remains in Iowa. The state archaeologist must coordinate these activities with the state departments of transportation, natural resources and other agencies which deal with archaeological salvage.
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What are the procedures for excavating or removing remains or archaeological resources on private land?
Duties, Iowa Code § 263B.2
The state archaeologist has primary responsibility for the discovery, location and excavation of archaeological sites, and for the recovery, restoration and preservation of archaeological remains in Iowa. The state archaeologist must coordinate these activities with the state departments of transportation, natural resources and other agencies which deal with archaeological salvage.
Protection of cemeteries and burial sites, Iowa Code § 523I.316
If a person’s relative is buried on private property owned by another, that person may notify the government subdivision in whose jurisdiction the remains are buried. The governmental subdivision shall notify the property owner, who is required to provide reasonable access for the purpose of visiting the burial site of the person’s relative. The person wishing to visit must provide 10 days’ advance notice, and the property owner is not required to make any improvements to the property.
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What are the procedures for discoveries of human remains and artifacts of cultural significance?
Protection of cemeteries and burial sites, Iowa Code § 523I.316
If a governmental subdivision is notified of a cemetery or burial ground which has been discovered not within a designated cemetery, the subdivision must notify the owner of the land on which the cemetery or burial ground was discovered, and inform the owner of the requirements of this section. If there is reason to believe that the interment took place more than one hundred fifty years previous, the subdivision shall also notify the state archaeologist.
Anyone who discovers human remains must notify the county or state medical examiner or a city, county or state law enforcement agency as soon as reasonably possible. Notice does not have to be given if the person has reason to believe the appropriate agency has already been notified, or if the discovery occurred in a cemetery. If there are reasonable grounds to believe the remains were buried over one hundred fifty years before the date of discovery, the state archaeologist must also be notified.
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What are the procedures for the disposition of human remains and funerary objects?
Cemetery for ancient remains, Iowa Code § 263B.8
The state archaeologist shall establish on state lands a cemetery for the reburial of ancient remains found in the state. The cemetery shall not be open to the public. The state archaeologist shall cooperate with the department of natural resources to coordinate the interment of the remains.
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What are the procedures for the removal and re-internment of human remains from cemeteries?
Interment, relocation, or disinterment of remains, Iowa Code § 523I.309
A person who has the right to control a deceased person’s remains (as authorized under section 144C.5) shall be authorized to control the interment, relocation or disinterment of remains in or from a cemetery.
A person may disinter remains from a cemetery if that person has good cause to do so, and has a disinterment permit, written consent from the cemetery, written consent from the current interment rights owner and written consent from the person authorized to control the interment, relocation and disinterment of the remains.
If consent cannot be obtained (but is not refused), the remains may be disinterred pursuant to an order from the district court of the county in which the remains are located. The court must find clear and convincing evidence that there is good cause to remove the remains, and notice must be given to all parties from whom consent is required.
Remains may be moved from one plot to another in the same cemetery without permission to correct an error, or from a plot for which the purchase price is past due and unpaid.
A person removing remains from a cemetery must keep a record of the removal, and provide the cemetery with a copy of the record. The record must include: the date of removal, the name and age at death of the decedent (if possible), and the place to which and from which the remains are moved.
Authority to deny permission to disinter human remains, Iowa Code § 263B.9
The state archaeologist may deny a request for a permit to disinter human remains if the state archaeologist finds that the remains have state and national historic or scientific significance.
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How does the state regulate the opening and construction of highways through burial grounds or cemeteries?
State department of transportation contracts, Iowa Code § 263B.5
The state department of transportation must take all reasonable care that historic objects not be destroyed if such destruction is reasonably avoidable. If the destruction is unavoidable, the department must first obtain all information about the historic objects. If the appropriate authorities determine that the historical objects threatened to be destroyed cannot reasonably removed or preserved, consideration must be given to alternate locations for the construction.
If historic objects are discovered during construction, the appropriate authority must be notified immediately, and steps must be taken either to excavate and preserve, or obtain and record data about, the historic object.
Natural and historic preservation, Iowa Code § 314.24
The department of transportation, along with cities and counties, must preserve and protect natural and historic heritage to the extent possible in the design, construction, reconstruction, relocation, repair or maintenance of roads, streets or highways. Destruction or damage to historic or archaeological sites shall be avoided if there are reasonable alternatives at no significantly greater cost. The department, cities and counties must make a diligent effort to study alternative locations.
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How does the state identify, preserve and control Native American sacred sites?
We are unable to locate specific information about Native American sacred sites at this time. In general, historic sites and burial sites are dealt with as follows.
Duties, Iowa Code § 263B.2
The state archaeologist has primary responsibility for the discovery, location and excavation of archaeological sites, and for the recovery, restoration and preservation of archaeological remains in Iowa. The state archaeologist must coordinate these activities with the state departments of transportation, natural resources and other agencies which deal with archaeological salvage.
Protection of cemeteries and burial sites, Iowa Code § 523I.316
If a governmental subdivision is notified of a cemetery or burial ground which has been discovered not within a designated cemetery, the subdivision must notify the owner of the land on which the cemetery or burial ground was discovered, and inform the owner of the requirements of this section. If there is reason to believe that the interment took place more than one hundred fifty years previous, the subdivision shall also notify the state archaeologist.
Anyone who discovers human remains must notify the county or state medical examiner or a city, county or state law enforcement agency as soon as reasonably possible. Notice does not have to be given if the person has reason to believe the appropriate agency has already been notified, or if the discovery occurred in a cemetery. If there are reasonable grounds to believe the remains were buried over one hundred fifty years before the date of discovery, the state archaeologist must also be notified.
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How does the state preserve historic lands from surface mining?
Determining if land is unsuitable for mining, Iowa Code § 207.8
The Division of Soil Conservation shall determine land unsuitable for coal mining if such mining will affect a fragile or historic lands which would result in significant damage to important historical values or systems. Before making such designation, the division shall make a detailed report of the estimated coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, economy and supply of coal. Furthermore, mining operations are not allowed where they would adversely affect public parks or lands on the national register of historic sites unless approved by the division and the governmental subdivision with jurisdiction over the site.
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What are the procedures for the exploration of submerged graves and underwater sites?
We are unable to locate information relevant to this question at this time.
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What are the procedures for transferring land and property containing historic or cultural resources?
Division responsibilities, Iowa Code § 303.2
A state agency which owns, manages or administers a historical site must enter into an agreement with the department of cultural affairs to ensure proper management, maintenance and development of the site.
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What public health regulations exist for the removal and burial of human remains?
We are unable to locate information relevant to this question at this time.
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How is environmental impact measured for historic and archaeological resources?
We are unable to locate information relevant to this question at this time.
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Activities Affecting Burials which Require State or Local Government Compliance?
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What activities affecting burials require state or local government compliance?
Division responsibilities, Iowa Code § 303.2
A state agency which owns, manages or administers a historical site must enter into an agreement with the department of cultural affairs to ensure proper management, maintenance and development of the site.
Protection of cemeteries and burial sites, Iowa Code § 523I.316
If a governmental subdivision is notified of a cemetery or burial ground which has been discovered not within a designated cemetery, the subdivision must notify the owner of the land on which the cemetery or burial ground was discovered, and inform the owner of the requirements of this section. If there is reason to believe that the interment took place more than one hundred fifty years previous, the subdivision shall also notify the state archaeologist.
Determining if land is unsuitable for mining, Iowa Code § 207.8
The Division of Soil Conservation shall determine land unsuitable for coal mining if such mining will affect a fragile or historic lands which would result in significant damage to important historical values or systems. Before making such designation, the division shall make a detailed report of the estimated coal resources of the area, the demand for coal resources, and the impact of such designation on the environment, economy and supply of coal. Furthermore, mining operations are not allowed where they would adversely affect public parks or lands on the national register of historic sites unless approved by the division and the governmental subdivision with jurisdiction over the site.
State department of transportation contracts, Iowa Code § 263B.5
The state department of transportation must take all reasonable care that historic objects not be destroyed if such destruction is reasonably avoidable. If the destruction is unavoidable, the department must first obtain all information about the historic objects. If the appropriate authorities determine that the historical objects threatened to be destroyed cannot reasonably removed or preserved, consideration must be given to alternate locations for the construction.
If historic objects are discovered during construction, the appropriate authority must be notified immediately, and steps must be taken either to excavate and preserve, or obtain and record data about, the historic object.
Natural and historic preservation, Iowa Code § 314.24
The department of transportation, along with cities and counties, must preserve and protect natural and historic heritage to the extent possible in the design, construction, reconstruction, relocation, repair or maintenance of roads, streets or highways. Destruction or damage to historic or archaeological sites shall be avoided if there are reasonable alternatives at no significantly greater cost. The department, cities and counties must make a diligent effort to study alternative locations.
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Rules, Regulations and Ordinances Governing Burial-Related Activities
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What state regulations relate to non-governmental burial-related activities?
New cemeteries and gardens and cemetery registry, Iowa Code § 523I.313
A person who dedicates land as a new cemetery after July 1, 2005 must subdivide the cemetery land into gardens and make a map of the cemetery or garden, then file the map with the commissioner of insurance, along with a written declaration dedicating the property as a cemetery. The cemetery owner(s) must also file a written notice of the legal description of the property, the name of the cemetery, and the status of the cemetery as either perpetual care or non-perpetual care, and religious or non-religious.
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What local regulations relate to non-governmental burial-related activities?
We are unable to locate information relevant to this question at this time.
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Decision-Making
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Authorities Empowered to Make Decisions Affecting Burials
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How is a cemetery association formed in this state?
We are unable to locate information relevant to this question at this time.
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Who has the right to conduct archaeological field excavations?
Duties, Iowa Code § 263B.2
The state archaeologist has primary responsibility for the discovery, location and excavation of archaeological sites, and for the recovery, restoration and preservation of archaeological remains in Iowa. The state archaeologist must coordinate these activities with the state departments of transportation, natural resources and other agencies which deal with archaeological salvage.
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Who has custody rights of discovered human remains?
Ancient remains, Iowa Code § 263B.7
The state archaeologist has primary responsibility for investigating, preserving and reinterring discoveries of ancient human remains. Ancient human remains are remains within the state which are more than one hundred fifty years old. The state archaeologist must make arrangements for a forensic osteologist to study and interpret ancient burials, and may designate other qualified archaeologists to assist in recovering information about ancient burials. The archaeologist must file a report with the Iowa department of public health regarding the physical and cultural information about the remains.
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Who has ownership rights of archaeological specimens or objects of cultural significance?
Duties, Iowa Code § 263B.2
The state archaeologist has primary responsibility for the discovery, location and excavation of archaeological sites, and for the recovery, restoration and preservation of archaeological remains in Iowa. The state archaeologist must coordinate these activities with the state departments of transportation, natural resources and other agencies which deal with archaeological salvage.
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What rights do non-residents of the state maintain?
We are unable to locate information relevant to this question at this time.
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Who has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?
Investigations and subpoenas, Iowa Code § 523I.202
The commissioner of insurance can make public or private investigations into suspected violations of the Iowa Cemetery Act, including requiring or permitting any person to file a statement in writing and under oath; investigating the accounts and other records of a cemetery; subpoenaing witnesses and compelling evidence. The commissioner may bring an action in district court to enforce the Iowa Cemetery Act.
Cease and desist orders – injunctions, Iowa Code § 523I.203
The commissioner may issue an order to a person who appears to be violating or about to violate the Iowa Cemetery Act, compelling that person to cease and desist such activities. The commissioner may also bring an action in district court for an injunction to stop such activities.
Prosecution for violations of law – civil penalties, Iowa Code § 523I.205
If the commissioner believes there are grounds for the criminal prosecution of a person suspected of violating the Iowa Cemetery Act, the commission may forward all evidence in her possession to the attorney general or county attorney general, who shall proceed as he feels appropriate.
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Who has dominion or control of state historic or archaeological resources?
Duties, Iowa Code § 263B.2
The state archaeologist has primary responsibility for the discovery, location and excavation of archaeological sites, and for the recovery, restoration and preservation of archaeological remains in Iowa. The state archaeologist must coordinate these activities with the state departments of transportation, natural resources and other agencies which deal with archaeological salvage.
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Who sits on the state historical commission, and how are these members appointed?
State historical society of Iowa – board of trustees, Iowa Code § 303.4
There are twelve members of the board of trustees of the state historical society. Three members are elected by the members of the state historical society, one from each congressional district is appointed by the governor, and four are appointed at large by the governor, at least one of which must be on the faculty of a college or university in a discipline related to the activities of the society. The members serve staggered terms of three years.
Membership in state historical society, Iowa Code § 303.7
Members of the general public who show an interest in the history, progress and development of the state may be members of state historical society, provided they pay the prescribed fee. The historical society does not determine policy, but plays an advisory role.
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Who sits on the state historic preservation board and for how long?
We are unable to locate information relevant to this question at this time.
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Scope of Authority
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What powers and responsibilities are delegated to cemetery associations in this state?
Rulemaking and enforcement, Iowa Code § 523I.304
A cemetery may adopt and enforce rules for the use, care, management and protection of a cemetery as necessary for the conduct of the business of the cemetery. A cemetery may not adopt or enforce a rule that discriminates on the basis of the race, color or national origin of a decedent. The rules must be maintained for inspection in the office of the cemetery and provided to the owners of interment spaces upon request. The cemetery’s rules must include the cemetery’s obligations in the case of vandalism or other damage to interment spaces, memorials or memorializations, including to what degree the cemetery and the owner of the space are liable for repairs or replacements.
Memorials and memorializations, Iowa Code § 523I.305
A cemetery may set rules and regulations for the specifications and installation of memorials or memorializations in the cemetery.
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How are cemetery sales records to be kept?
Records of interment rights and interment, Iowa Code § 523I.311
A cemetery must keep complete records of sale and transfer of interment rights in the cemetery. These records must include the name and last known address of each owner and previous owner; the date of each purchase or transfer; a unique numeric or alphanumeric identifier to identify the location of the interment space; the date the remains are interred; and the name, date of birth and date of death of the decedent (if they can be reasonably obtained).
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What power does the state have to acquire or purchase property of historic or archaeological significance?
Powers and duties of board and division, Iowa Code § 303.8
The department of cultural affairs has the authority to acquire historic properties by fee simple. The department may acquire these properties through gift, purchase, devise or bequest.
Acquisition by other than condemnation, Iowa Code § 457A.1
The department of natural resources, the historical division of the department of cultural affairs, the state archaeologist, any county conservation board and any city or agency of a city may, by purchase, gift, contract or any other voluntary means, not including eminent domain, acquire a conservation easement in land to preserve the scenic beauty of the state or otherwise conserve natural and cultural resources for the benefit of the public.
Powers and duties, Iowa Code § 465C.8
The state advisory board for preserves can designate an area which has unusual flora, fauna, geological, archaeological, scenic or historic features or scientific of educational value as state preserve. An area designated as a preserve is held in trust and shall not be alienated except to another public use on a finding of unavoidable public necessity. A preserve may not be taken by eminent domain absent a finding of imperative and unavoidable public necessity, and consent of the board, the general assembly and the governor.
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How does the state manage parks and historical sites?
Powers and duties of board and division, Iowa Code § 303.8
The department of cultural affairs may preserve, restore, transfer and administer historic properties, as well as charge a reasonable admission fee to such properties.
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What are the powers of municipal and county governments regarding park and historical sites?
Powers and duties, Iowa Code § 350.4
The county conservation board has custody and control over all real and personal property acquired by the county for public museums, parks, preserves and other county conservation and recreation purposes. It is authorized to acquire in the name of the county, through gift, purchase, agreement, lease, exchange or otherwise, appropriate land for the above purposes. When acquiring such land, the conservation board must take into consideration to the land’s scenic, historic, archaeological and recreational features. The board may charge reasonable fees for the use of parks and other facilities.
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How do county and municipal governments oversee cemetery property?
County auditor as trustee, Iowa Code § 523I.505
If a cemetery does not have a trustee for its perpetual care fund, the auditor for the county in which the cemetery is located shall be the trustee for that fund. The county auditor shall not be paid for fulfilling this role, but may be compensated for his necessary expenses. The auditor shall give all income from the fund to the person in charge of administering the cemetery.
Suit by commissioner, Iowa Code § 523I.812
If persons in control of a cemetery do not adequately maintain the cemetery, the district court for the district in which the cemetery is located may compel the cemetery perform the necessary maintenance; appoint another person to oversee the care fund and expend its income on the maintenance of the cemetery; or grant relief on a petition filed by the Commissioner. Adequate maintenance of a cemetery includes mowing grass, edging and trimming bushes and trees, keeping walkways and sidewalks free of obstructions and maintaining the cemetery’s equipment and fixtures.
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What are the powers and duties of the state historic commission?
Powers and duties of board and division, Iowa Code § 303.8
The state historical society board of trustees shall: recommend to the society a plan of historic preservation and public awareness of local, state and regional history; make recommendations to the administrator of the state historic division; review and recommend policy decisions related to historic preservation; and recommend to the state historic preservation officer a state preservation plan.
The state historic department shall: acquire by fee simple historic properties; preserve, restore, transfer and administer historic properties; and charge reasonable admission to historic properties.
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How does the state historical commission register or include historic property?
Division responsibilities, Iowa Code § 303.2
The historic division of the department of cultural affairs develops standards for the acquisition of historic property, and a program for the preservation, restoration, maintenance, operation and interpretation of those properties. It also prepares and maintains a state register of historic places, including those listed on the national register. The state historic preservation officer, who is the administrator of the historic division, shall determine which historic property is eligible for listing on the national register of historic places, and also on the state register.
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What are the powers and duties of the state archaeological commission?
Appointment, Iowa Code § 263B.1
The state board of regents elects a state archaeologist, who must be a member of the faculty of the state university of Iowa, in the department of archaeology.
Duties, Iowa Code § 263B.2
The state archaeologist has primary responsibility for the discovery, location and excavation of archaeological sites, and for the recovery, restoration and preservation of archaeological remains in Iowa. The state archaeologist must coordinate these activities with the state departments of transportation, natural resources and other agencies which deal with archaeological salvage.
Agreements with federal departments, Iowa Code § 263B.3
The state archaeologist may enter into agreements and cooperative efforts with federal agencies which deal with archaeological salvage or preservation of antiquities.
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How is the rehabilitation and preservation of historic property conducted?
Duties, Iowa Code § 263B.2
The state archaeologist has primary responsibility for the discovery, location and excavation of archaeological sites, and for the recovery, restoration and preservation of archaeological remains in Iowa. The state archaeologist must coordinate these activities with the state departments of transportation, natural resources and other agencies which deal with archaeological salvage.
Division responsibilities, Iowa Code § 303.2
The historic division of the department of cultural affairs develops standards for the acquisition of historic property, and a program for the preservation, restoration, maintenance, operation and interpretation of those properties.
Acquisition and reclamation of land, Iowa Code § 207.22
The division of soil conservation may acquire land which is adversely affect by mining through purchase, donation or condemnation if that land, after reclamation and restoration, will historic preservation purposes.
Abandoned mine reclamation program, Iowa Code § 207.21
Funds from the abandoned mine reclamation fund may be used for the development of publically owned land adversely affected by mining, including land acquired for historic preservation.
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What specific historic or cultural properties are regulated by the state’s historical commission?
Division responsibilities, Iowa Code § 303.2
The historic division of the department of cultural affairs administers historic sites, which are defined as any district, site, building or structure included on the national register for historic places or eligible for such status, or identified through established criteria by the state historic preservation officer as significant in national, state and local history, architecture, engineering, archaeology or culture.
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Special Funding Sources
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Special Funding for Protection and Preservation of Burials
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How is the income from cemetery land to be used and dispersed in this state?
Investment of care funds by government subdivisions, Iowa Code § 523I.507
The funds received by a perpetual care cemetery owned by a governmental subdivision may be invested. This investment must not be in speculation, but only in regard to a permanent disposition of the funds. The trustee of the funds must consider the income as well as the safety of the capital, and has a fiduciary duty to oversee the funds and make reasonable investment decisions.
Lien against cemetery property, Iowa Code § 523I.604
A cemetery may become indebted as necessary to conduct its business. Such cemetery may enter into mortgage, deed of trust or other lien arrangements. Such arrangements are subject to the cemetery’s use as a cemetery, and a foreclosure sale must be subject to the property’s use as a cemetery.
Use of distributions from care fund, Iowa Code § 523I.811
Funds distributed from a care fund may be used for the best interests of the cemetery, including the general care of memorials and any of the following: maintaining lawns, shrubs, trees, drains, water lines, roads, buildings, fences, machinery, tools and equipment; compensating maintenance employees; paying insurance premiums; paying overhead expenses; and other expenses necessary to the operation of the cemetery.
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How is a state historic acquisition and preservation fund administered?
Iowa heritage fund, Iowa Code § 303.9A
The Iowa heritage fund consists of all moneys allocated by the state treasurer, and is administered by the state historical society. Ninety percent of the fund must be used by the society to expand Iowa’s history curriculum, provide teacher training in Iowa history, and support museum exhibits, historic sites and adult education programs. Five percent must be retained for start-up costs of the one hundred seventy fifth and two hundredth anniversary of Iowa statehood. Five percent shall be used for the promotion and sale of the Iowa heritage restoration plate.
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How are trust funds for the maintenance of cemeteries established and administered?
Initial deposit, Iowa Code § 523I.805
A cemetery not owned or operated by a political subdivision of the state must have a perpetual care fund of at least twenty-five thousand dollars before it may sell interment spaces. A cemetery owned of operated by a political subdivision of the state is not required to have a minimum initial deposit.
Irrevocable trust, Iowa Code § 523I.806
A cemetery which promises to provide perpetual or permanent care must establish a care fund, which serves as an irrevocable trust for the care of the cemetery. The fund must be administered by a trustee, under the jurisdiction of the district court of the district in which the cemetery is located. Reports must be filed with the court to approve the appointment of trustees, changes in fees or expenses, or other matters in the court’s jurisdiction.
Care fund deposits, Iowa Code § 523I.807
A perpetual care cemetery must make deposits into the care fund of at least twenty percent of the selling price received for the sale of each interment space. It may also establish a separate fund for the care of memorials and memorializations and may require a contribution to that fund by people installing memorials and memorialization in the cemetery.
Use of distributions from care fund, Iowa Code § 523I.811
Care fund distributions may be used in a manner determined to be in the best interest of the cemetery, including cutting and trimming lawns and trees; maintaining roads and buildings; and compensating employees; among others.
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How are state historic archives maintained?
Commission purpose, Iowa Code § 305.4
The state records commission adopts standards, policies and guidelines for the maintenance of records, including ensuring proper documentation and indentifying and preserving state government records that document the history and development of the state.
Department of cultural affairs responsibilities, Iowa Code § 305.9
The department of cultural affairs appoints a state archivist to head the state archives and records program. It also recommends policies of record retention and archival, and trains, advises and counsels government agencies on government information policies and standards. It manages the state archives, including the physical maintenance of received records.
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How may the state enter into private contracts for recovering and preserving historical artifacts?
We are unable to locate information dealing specifically with contracts for recovering and preserving historic artifacts. State contracts with private entities are in general dealt with as follows.
Service contracts, Iowa Code § 8.47
The department of administrative services sets uniform terms and conditions for service contracts executed by a state department or establishment, in cooperation with the office of the attorney general. Departments and establishments may set special terms for service contracts in cooperation with the office of the attorney general and the department of administrative services. The state board of regents sets the terms and conditions for service contracts executed by institutions governed by the state board of regents (including the state archaeologist).
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What funding exists for state historical education efforts?
Historical resource development program, Iowa Code § 303.16
The historical division administers grants for the acquisition, development, preservation and conservation of historical resources; interpretation of historical resources, or professional training and educational programs on the acquisition, development, preservation and conservation of historical resources. These grants are available to county and city governments, nonprofit corporations, private corporations, individuals, state agencies, governments and traditional tribal societies of recognized resident Native American tribes in Iowa and other units of government.
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What funding exists for state museums’ scientific services?
Historical resource development program, Iowa Code § 303.16
The historical division administers grants for the acquisition, development, preservation and conservation of historical resources; interpretation of historical resources, or professional training and educational programs on the acquisition, development, preservation and conservation of historical resources. Museums are eligible for these grants, and are one of the three categories to which between twenty and sixty percent of the grants for each year must be awarded.
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What special funding sources are there for protection and preservation of burials on private lands?
Historic preservation and cultural and entertainment district tax credit-eligible property, Iowa Code § 404A.1
Property listed on the national register of historic places or eligible for such listing, property designated of historic significance to a district listed on the national register or eligible for such listing, property designated a local landmark by city or county ordinance, or a barn constructed prior to 1937 is eligible for a tax credit. This tax credit is equal to the amount used for rehabilitating eligible property, and is deducted from the personal net income subject to personal income tax or from the tax on insurance companies.
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What special funding sources are there for protection and preservation of burials on public lands?
Historical resource development program, Iowa Code § 303.16
The historical division administers grants for the acquisition, development, preservation and conservation of historical resources; interpretation of historical resources, or professional training and educational programs on the acquisition, development, preservation and conservation of historical resources. These grants are available to county and city governments, nonprofit corporations, private corporations, individuals, state agencies, governments and traditional tribal societies of recognized resident Native American tribes in Iowa and other units of government.
Abandoned mine reclamation program, Iowa Code § 207.21
Funds from the abandoned mine reclamation fund may be used for the development of publically owned land adversely affected by mining, including land acquired for historic preservation.
Cultural grant programs, Iowa Code § 303.3
The department of cultural affairs administers a grant program for community programs which promote Iowa’s historic, ethnic and cultural heritages. These grants are available to cities and non-profit, tax-exempt organizations, and cover fifty percent of the cost of the program, which can be a festival, music, drama or cultural program, or a tourist attraction.
Iowa great places program, Iowa Code § 303.3C
The Iowa great places board designates Iowa great places, which showcase Iowa’s arts and culture, historic fabric, architecture, natural environment and diversity. These designated great places receive state funds and assistance in order to develop community attractions and tourism programs, with the cooperation of many state agencies.
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State Recognition of Constituent Groups
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Laws Recognizing or Acknowledging Constituent Groups
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What laws are there recognizing or acknowledging constituent groups?
Tribal ordinances or customs enforced, Iowa Code § 1.14
A tribal ordinance adopted by the governing council of the Sac and Fox Indian settlement in Tama County in the exercise of authority it possesses shall be given full effect in the determination of civil actions unless it is inconsistent with the applicable civil law.
Prohibited acts – restrictions on the taking of wildlife – special licenses, Iowa Code § 481A.38
The department of natural resources may only exercise regulatory authority over hunting and fishing within the boundaries of the Sac and Fox settlement to the extent provided by written agreement between the tribal council of the Sac and Fox tribe of the Mississippi in Iowa and the department.
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What tribes are recognized by the state?
Definitions, Iowa Code § 216A.161
For the purposes of the Commission on Native American Affairs, "tribal government" means the governing body of a federally-recognized tribe.
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Are the state-recognized tribes different from the federally-recognized tribes in the state?
Definitions, Iowa Code § 216A.161
For the purposes of the Commission on Native American Affairs, "tribal government" means the governing body of a federally-recognized tribe.
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Compliance Laws
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What laws are there related to compliance with recognition or acknowledgement of constituent groups?
We are unable to locate information relevant to this question at this time.
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Regulatory Laws
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What laws are there related to regulation of recognition or acknowledgement of constituent groups?
We are unable to locate information relevant to this question at this time.
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Decision-Making Authorities
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What notice and consultation with tribes is required for discoveries of Native American human remains, burial places and funerary objects?
We are unable to locate information specifically related to discoveries of Native American human remains, burial places and funerary objects at this time. However, the discovery of human remains and archaeological resources is governed as follows:
Protection of cemeteries and burial sites, Iowa Code § 523I.316
If a governmental subdivision is notified of a cemetery or burial ground which has been discovered not within a designated cemetery, the subdivision must notify the owner of the land on which the cemetery or burial ground was discovered, and inform the owner of the requirements of this section. If there is reason to believe that the interment took place more than one hundred fifty years previous, the subdivision shall also notify the state archaeologist.
Anyone who discovers human remains must notify the county or state medical examiner or a city, county or state law enforcement agency as soon as reasonably possible. Notice does not have to be given if the person has reason to believe the appropriate agency has already been notified, or if the discovery occurred in a cemetery. If there are reasonable grounds to believe the remains were buried over one hundred fifty years before the date of discovery, the state archaeologist must also be notified.
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How are Indian sacred sites regulated?
We are unable to locate information relevant to this question at this time.
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Is there a state Indian Affairs Commission or equivalent?
Establishment – purpose, Iowa Code § 216A.162
There is a Commission on Native American Affairs. The state Commission on Native American affairs is established in order to work with Native Americans in the state to promote human rights, access to justice and economic equality for Native Americans, along with the elimination of discrimination against Native Americans.
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How is the state Indian Affairs Commission or equivalent composed?
Establishment – purpose, Iowa Code § 216A.162
The commission on Native American Affairs consists of eleven members appointed by the governor and confirmed by the Senate. Seven members are appointed from the public, with consideration given to the geographical region of residence of the member and the density of the Native American population in that region. At lease one of these members must be an enrolled member of a Native American tribe whose government is located in Iowa, and that person must live on a tribal reservation or settlement in Iowa. Four members are selected by and represent tribal governments.
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What are the powers and duties of the state Indian Affairs Commission?
Duties, Iowa Code § 216A.165
The duties of the commission on Native American Affairs are as follows:
Advise the governor and general assembly on issues relating to Native Americans in Iowa;
Promote legislation which is beneficial to Native Americans in Iowa;
Recommend necessary revisions in the state’s affirmative action program to combat discrimination against and underutilization of Native Americans in the workforce;
Serve as a conduit, advocate and referral agency for Native Americans and assist them in accessing justice and state agencies and programs;
Serve as a liaison between federal, state and local government units and private organizations on matters related to Native Americans in Iowa;
Conduct studies and implement programs designed to combat problems currently facing Native Americans, including human rights, education, welfare, health care and access to justice;
Publicize accomplishments and contributions of Native Americans to the state; and
Work with other state, tribal and federal agencies to promote economic development and business opportunities for Native Americans.
Additional duties and authority – limitations, Iowa Code § 216A.167
The commission has responsibility for its budget, which it submits to the director of the department of human rights. The commission may also enter into contracts for services with individuals, organizations or institutions, and accept gifts, grants, donations or bequests for use in fulfilling one of the purposes of the commission. The commission does not have the authority do implement or administer the federal Indian Gaming Regulatory Act, or negotiate or enforce any agreement between Iowa and a Native American tribe. It shall also not have the authority to administer the duties of the state under the National Historic Preservation Act or the federal Native American Graves Protection and Repatriation Act, or those duties in relation to the state archaeologist. It shall also not interfere with any advisory board created by the state archaeologist for consultation on matters related to human remains and associated objects.
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Is there a state Indian cultural heritage commission?
We are unable to locate information relevant to this question at this time.
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Special Funding
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What special funding sources are there for state recognition or acknowledgement of constituent groups?
We are unable to locate information relevant to this question at this time.
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