Missouri 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?

        Human burial sites--knowingly disturb, penalty--appropriation for sale, penalty., Mo. Rev. Stat. ß 194.410 (2009)

        1. Any person, corporation, partnership, proprietorship, or organization who knowingly disturbs, destroys, vandalizes, or damages a marked or unmarked human burial site commits a class D felony.

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

        Human burial sites--knowingly disturb, penalty--appropriation for sale, penalty., Mo. Rev. Stat. ß 194.410 (2009)

        2. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any human remains without the right of possession to those remains as provided in sections 194.400 to 194.410 commits a class A misdemeanor and, in the case of a second or subsequent violation, commits a class D felony.

        3. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any cultural items obtained in violation of sections 194.400 to 194.410 commits a class A misdemeanor and, in the case of a second or subsequent violation, commits a class D felony.

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

        Human burial sites--knowingly disturb, penalty--appropriation for sale, penalty., Mo. Rev. Stat. ß 194.410 (2009)

        2. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any human remains without the right of possession to those remains as provided in sections 194.400 to 194.410 commits a class A misdemeanor and, in the case of a second or subsequent violation, commits a class D felony.

        3. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any cultural items obtained in violation of sections 194.400 to 194.410 commits a class A misdemeanor and, in the case of a second or subsequent violation, commits a class D felony.

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

        Human burial sites--knowingly disturb, penalty--appropriation for sale, penalty., Mo. Rev. Stat. ß 194.410 (2009)

        2. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any human remains without the right of possession to those remains as provided in sections 194.400 to 194.410 commits a class A misdemeanor and, in the case of a second or subsequent violation, commits a class D felony.

        3. Any person who knowingly appropriates for profit, uses for profit, sells, purchases or transports for sale or profit any cultural items obtained in violation of sections 194.400 to 194.410 commits a class A misdemeanor and, in the case of a second or subsequent violation, commits a class D felony.

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

        Littering waters, injuring plants or historical objects, or selling in state parks--penalty.

        Mo. Rev. Stat. ß 577.073 (2009)

        3. No object of archaeological or historical value or interest within a state park may be removed, injured, disfigured, defaced or destroyed except by authorized personnel.

        4. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor.

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

        Forgery. Mo. Rev. Stat. ß 570.090 (2009)

        1. A person commits the crime of forgery if, with the purpose to defraud, the person:

        (1) Makes, completes, alters or authenticates any writing so that it purports to have been made by another or at another time or place or in a numbered sequence other than was in fact the case or with different terms or by authority of one who did not give such authority; or

        (2) Erases, obliterates or destroys any writing; or

        (3) Makes or alters anything other than a writing, including receipts and universal product codes, so that it purports to have a genuineness, antiquity, rarity, ownership or authorship which it does not possess; or

        (4) Uses as genuine, or possesses for the purpose of using as genuine, or transfers with the knowledge or belief that it will be used as genuine, any writing or other thing including receipts and universal product codes, which the actor knows has been made or altered in the manner described in this section.

        2. Forgery is a class C felony.

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

        Destruction or defacing any cemetery property, penalty, Mo. Rev. Stat. ß 214.455 (2009)

        Every person who shall knowingly destroy, mutilate, disfigure, deface, injure, or remove any tomb, monument, or gravestone, or other structure placed in such cemetery or burial ground or place of burial of any human being, is guilty of a class A misdemeanor.

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

        Destruction or defacing any cemetery property, penalty, Mo. Rev. Stat. ß 214.455 (2009)

        Every person who shall knowingly destroy, mutilate, disfigure, deface, injure, or remove any tomb, monument, or gravestone, or other structure placed in such cemetery or burial ground or place of burial of any human being, is guilty of a class A misdemeanor.

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

        Entering, attempt to enter, defacing without permission, prohibited. Mo. Rev. Stat. ß 578.210 (2009)

        1. A person, without the prior written permission of the owner or if a corporation is the owner, of an officer of the corporation, lessee, or if the cavern is located on public land, the superintendent thereof shall not willfully or knowingly break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, remove, displace, mar or harm the surfaces of any cave or any natural material therein including, without limitation, stalactites, stalagmites, helictites, anthodites, gypsum flowers, or needles, cave pearls, flowstone, draperies, rimstone, spathites, columns or similar crystalline mineral formation, including the host rock thereof.

        2. A person shall not, without the permission required in subsection 1 of this section, break, force, tamper with, remove or otherwise disturb a lock, gate, door or other structure designed to prevent entrance to a cave or cavern. A person violates this subsection whether or not entrance to the cave or cavern is achieved.

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

        Cemetery not subject to execution, dower or partition--exception. Mo. Rev. Stat. ß 214.190 (2009)

        Lands or property, set apart as burial grounds, either for public or private use, and so recorded in the recorder's office of the county where such lands are situated, or any burial ground that may have been used as such for ten years shall not be subject to sale on execution, to dower, nor to compulsory partition; provided, that the lands so appropriated and set apart as a private burial ground shall not exceed one acre in area or one hundred dollars in value; and provided further, that nothing contained in this section shall be so construed as to exempt any such burial ground or cemetery property from being liable for special assessments for street improvements, when such assessment is levied by an incorporated city in this state.

        Violation of nuisance ordinance--abandonment--action authorized--costs--eminent domain. Mo. Rev. Stat. ß 214.205 (2009)

        1. If any cemetery not described in section 214.090 is found to be in violation of a city, town, village or county nuisance ordinance for failure to cut grass or weeds, or care for graves, grave markers, walls, fences, driveways or buildings, the governing body of such city, town, village or county shall be authorized to take those actions necessary to restore and maintain the cemetery, and the governing body shall be authorized to charge the expenses of such actions against the cemetery. If actions are taken by a city, town, village or county pursuant to this subsection, the city, town, village or county may assess all true costs of restoration, maintenance and operation against any responsible person, partnership or corporation whether such person, partnership or corporation is a lessee, lessor, equitable title holder or legal title holder to the unmaintained cemetery. Any city, town, village or county which assesses costs pursuant to this section reserves the right to pursue any and all legal, equitable or criminal remedies to collect such assessed costs. Any city, town, village or county which pursues a civil remedy pursuant to this section may employ independent attorneys and law firms to collect the costs of restoration, maintenance and operation of any unmaintained cemetery.

        2. As used in this section, the term "abandoned cemetery" means any cemetery, except one described in section 214.090, in which, for a period of at least one year, there has been a substantial failure to cut grass or weeds or care for graves, grave markers, walls, fences, driveways and buildings or for which proper records have not been maintained pursuant to section 214.340. Whenever the attorney general determines the existence of an abandoned cemetery in this state, the attorney general shall immediately proceed to dissolve the cemetery corporation owning the same. Upon the dissolution of such corporation, title to all property owned by the cemetery corporation shall vest in the municipality or county in which the cemetery is located, and the endowed care fund, together with all investments then outstanding, and all books, records and papers of such corporation shall be transferred to the treasurer of such municipality or county and shall become the property thereof. Upon the transfer of such property and funds, the governing body of such municipality or county shall care for and maintain such cemetery with any moneys of the cemetery corporation, including the principal of and income from the endowed care funds, and, if such moneys are insufficient to properly maintain such cemetery, then it may use funds of the municipality or county.

        3. In addition to those powers granted the attorney general in subsection 2 of this section, every municipality or county in which any abandoned cemetery is located may acquire through its power of eminent domain such cemetery, together with all endowed care funds, maintenance equipment, books and records, accounts receivable and other personal property used or created in the operation of the cemetery and owned or controlled by the person or association which owns the cemetery. The municipality or county shall acquire the cemetery and related property subject to the rights of owners of burial lots or other interment spaces. Upon so acquiring the cemetery and related property, the acquiring municipality or county shall operate and maintain the cemetery as a public cemetery. The municipality or county which so acquires an abandoned cemetery shall not be liable for any act or transaction which occurred prior to such acquisition, including, without limitation, any obligation to third parties or incorrect lot ownership or burial records.

        License, cemeteries--division's powers and duties--limitations. Mo. Rev. Stat. ß 214.275 (2009)

        1. No endowed care or nonendowed care cemetery shall be operated in this state unless the owner or operator thereof has a license issued by the division [of professional registration] and complies with all applicable state, county or municipal ordinances and regulations.

        2. It shall not be unlawful for a person who does not have a license to care for or maintain the cemetery premises, or to fulfill prior contractual obligations for the interment of human remains in burial spaces.

        3. Applications for a license shall be in writing, submitted to the division on forms prescribed by the division. The application shall contain such information as the division deems necessary and be accompanied by the required fee.

        4. Each license issued pursuant to sections 214.270 to 214.516 shall be renewed prior to the license renewal date established by the division. The division shall issue a new license upon receipt of a proper renewal application, trust fund report as required by section 214.340, and the required renewal fee. The required renewal fee shall be fifty dollars, plus an assessment for each interment, inurnment or other disposition of human remains at a cemetery for which a charge is made, as the division shall by rule determine, not to exceed ten dollars per such disposition in the case of an endowed care cemetery, and six dollars for such disposition in the case of a nonendowed care cemetery. The division shall mail a renewal notice to the last known address of the holder of the license prior to the renewal date. The holder of a license shall keep the division advised of the holder's current address. The license issued to the owner or operator of a cemetery which is not renewed within three months after the license renewal date shall be suspended automatically, subject to the right of the holder to have the suspended license reinstated within nine months of the date of suspension if the person pays the required reinstatement fee. Any license suspended and not reinstated within nine months of the suspension shall expire and be void and the holder of such license shall have no rights or privileges provided to holders of valid licenses. Any person whose license has expired may, upon demonstration of current qualifications and payment of required fees, be reregistered or reauthorized under the person's original license number.

        5. The division shall grant or deny each application for a license pursuant to this section within ninety days after it is filed, and no prosecution of any person who has filed an application for such license shall be initiated unless it is shown that such application was denied by the division and the owner was notified thereof.

        6. Upon the filing of a completed application, as defined by rule, the applicant may operate the business until the application is acted upon by the division.

        7. Within thirty days after the sale or transfer of ownership or control of a cemetery, the transferor shall return his or her license to the division. A prospective purchaser or transferee of a cemetery shall file an application for a license at least thirty days prior to the sale or transfer of ownership or control of a cemetery and shall be in compliance with sections 214.270 to 214.516.

        There are also a number of regulations regarding whether a cemetery is endowed or non-endowed available here.

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

        Destruction or defacing any cemetery property, penalty, Mo. Rev. Stat. ß 214.455 (2009)

        Every person who shall knowingly destroy, mutilate, disfigure, deface, injure, or remove any tomb, monument, or gravestone, or other structure placed in such cemetery or burial ground or place of burial of any human being, is guilty of a class A misdemeanor.

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

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

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

        Institutional vandalism. Mo. Rev. Stat. ß 574.085 (2009)

        1. A person commits the crime of institutional vandalism by knowingly vandalizing, defacing or otherwise damaging:

        (2) Any cemetery, mortuary, military monument or other facility used for the purpose of burial or memorializing the dead;

        (4) The grounds adjacent to, and owned or rented by, any institution, facility, building, structure or place described in subdivision (1), (2), or (3) of this subsection;

        (5) Any personal property contained in any institution, facility, building, structure or place described in subdivision (1), (2), or (3) of this subsection; or

        2. Institutional vandalism is punishable as follows:

        (1) Institutional vandalism is a class A misdemeanor, except as provided in subdivisions (2) and (3) of this subsection;

        (2) Institutional vandalism is a class D felony if the offender commits any act described in subsection 1 of this section which causes damage to, or loss of, the property of another in an amount in excess of one thousand dollars;

        (3) Institutional vandalism is a class C felony if the offender commits any act described in subsection 1 of this section which causes damage to, or loss of, the property of another in an amount in excess of five thousand dollars.

        3. In determining the amount of damage to property or loss of property, for purposes of this section, damage includes the cost of repair or, where necessary, replacement of the property that was damaged or lost.

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

        Stealing--penalties. Mo. Rev. Stat. ß 570.030 (2009)

        1. A person commits the crime of stealing if he or she appropriates property or services of another with the purpose to deprive him or her thereof, either without his or her consent or by means of deceit or coercion.

        3. Notwithstanding any other provision of law, any offense in which the value of property or services is an element is a class C felony if:

        (1) The value of the property or services appropriated is five hundred dollars or more but less than twenty-five thousand dollars; or

        (2) The actor physically takes the property appropriated from the person of the victim; or

        (3) The property appropriated consists of:

        (a) Any motor vehicle, watercraft or aircraft; or

        (b) Any will or unrecorded deed affecting real property; or

        (c) Any credit card or letter of credit; or

        (d) Any firearms; or

        (e) Any explosive weapon as defined in section 571.010, RSMo; or

        (f) A United States national flag designed, intended and used for display on buildings or stationary flagstaffs in the open; or

        (g) Any original copy of an act, bill or resolution, introduced or acted upon by the legislature of the state of Missouri; or

        (h) Any pleading, notice, judgment or any other record or entry of any court of this state, any other state or of the United States; or

        (i) Any book of registration or list of voters required by chapter 115, RSMo; or

        (j) Any animal considered livestock as that term is defined in section 144.010, RSMo; or

        (k) Live fish raised for commercial sale with a value of seventy-five dollars; or

        (l) Captive wildlife held under permit issued by the conservation commission; or

        (m) Any controlled substance as defined by section 195.010, RSMo; or

        (n) Anhydrous ammonia;

        (o) Ammonium nitrate; or

        (p) Any document of historical significance which has fair market value of five hundred dollars or more.

        4. If an actor appropriates any material with a value less than five hundred dollars in violation of this section with the intent to use such material to manufacture, compound, produce, prepare, test or analyze amphetamine or methamphetamine or any of their analogues, then such violation is a class C felony. The theft of any amount of anhydrous ammonia or liquid nitrogen, or any attempt to steal any amount of anhydrous ammonia or liquid nitrogen, is a class B felony. The theft of any amount of anhydrous ammonia by appropriation of a tank truck, tank trailer, rail tank car, bulk storage tank, field (nurse) tank or field applicator is a class A felony.

        5. The theft of any item of property or services pursuant to subsection 3 of this section which exceeds five hundred dollars may be considered a separate felony and may be charged in separate counts.

        6. Any person with a prior conviction of paragraph* (j) or (l) of subdivision (3) of subsection 3 of this section and who violates the provisions of paragraph* (j) or (l) of subdivision (3) of subsection 3 of this section when the value of the animal or animals stolen exceeds three thousand dollars is guilty of a class B felony. Notwithstanding any provision of law to the contrary, such person shall serve a minimum prison term of not less than eighty percent of his or her sentence before he or she is eligible for probation, parole, conditional release, or other early release by the department of corrections.

        7. Any offense in which the value of property or services is an element is a class B felony if the value of the property or services equals or exceeds twenty-five thousand dollars.

        8. Any violation of this section for which no other penalty is specified in this section is a class A misdemeanor.

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

        Receiving stolen property. Mo. Rev. Stat. 570.080 (2009)

        1. A person commits the crime of receiving stolen property if for the purpose of depriving the owner of a lawful interest therein, he or she receives, retains or disposes of property of another knowing that it has been stolen, or believing that it has been stolen.

        2. Evidence of the following is admissible in any criminal prosecution pursuant to this section to prove the requisite knowledge or belief of the alleged receiver:

        (1) That he or she was found in possession or control of other property stolen on separate occasions from two or more persons;

        (2) That he or she received other stolen property in another transaction within the year preceding the transaction charged;

        (3) That he or she acquired the stolen property for a consideration which he or she knew was far below its reasonable value;

        (4) That he or she obtained control over stolen property knowing the property to have been stolen or under such circumstances as would reasonably induce a person to believe the property was stolen.

        3. Receiving stolen property is a class A misdemeanor unless the property involved has a value of five hundred dollars or more, or the person receiving the property is a dealer in goods of the type in question, or the property involved is an explosive weapon as that term is defined in section 571.010, RSMo, in which cases receiving stolen property is a class C felony.

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

        Trespass in the first degree. Mo. Rev. Stat. 569.140 (2009)

        1. A person commits the crime of trespass in the first degree if he knowingly enters unlawfully or knowingly remains unlawfully in a building or inhabitable structure or upon real property.

        2. A person does not commit the crime of trespass in the first degree by entering or remaining upon real property unless the real property is fenced or otherwise enclosed in a manner designed to exclude intruders or as to which notice against trespass is given by:

        (1) Actual communication to the actor; or

        (2) Posting in a manner reasonably likely to come to the attention of intruders.

        3. Trespass in the first degree is a class B misdemeanor.

        Trespass in the second degree. Mo. Rev. Stat. 569.150 (2009)

        1. A person commits the offense of trespass in the second degree if he enters unlawfully upon real property of another. This is an offense of absolute liability.

        2. Trespass in the second degree is an infraction.

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

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

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

        Property damage in the first degree. Mo. Rev. Stat. ß 569.100 (2009)

        1. A person commits the crime of property damage in the first degree if:

        (1) He knowingly damages property of another to an extent exceeding seven hundred and fifty dollars; or

        (2) He damages property to an extent exceeding one thousand dollars for the purpose of defrauding an insurer.

        2. Property damage in the first degree is a class D felony.

        Property damage in the second degree. Mo. Rev. Stat. ß 569.120 (2009)

        1. A person commits the crime of property damage in the second degree if:

        (1) He knowingly damages property of another; or

        (2) He damages property for the purpose of defrauding an insurer.

        2. Property damage in the second degree is a class B misdemeanor.

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

        Hate crimes--provides enhanced penalties for motivational factors in certain crimes--definitions. Mo. Rev. Stat. 557.035 (2009)

        1. For all violations of subdivision (1) of subsection 1 of section 569.100, RSMo [relating to property damage,] or subdivision (1), (2), (3), (4), (6), (7) or (8) of subsection 1 of section 571.030, RSMo [relating to firearms offenses,] which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the crime or crimes under this section, and the violation is a class C felony.

        2. For all violations of section 565.070, RSMo [relating to third-degree assault]; subdivisions (1), (3) and (4) of subsection 1 of section 565.090, RSMo [relating to harassment]; subdivision (1) of subsection 1 of section 569.090, RSMo [relating to tampering]; subdivision (1) of subsection 1 of section 569.120, RSMo [relating to property damage]; section 569.140, RSMo [relating to trespass]; or section 574.050, RSMo [relating to rioting]; which the state believes to be knowingly motivated because of race, color, religion, national origin, sex, sexual orientation or disability of the victim or victims, the state may charge the crime or crimes under this section, and the violation is a class D felony.

        3. The court shall assess punishment in all of the cases in which the state pleads and proves any of the motivating factors listed in this section.

        4. For the purposes of this section, the following terms mean:

        (1) "Disability", a physical or mental impairment which substantially limits one or more of a person's major life activities, being regarded as having such an impairment, or a record of having such an impairment; and

        (2) "Sexual orientation", male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, or having a self-image or identity not traditionally associated with one's gender.

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

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

        State historic preservation officer, jurisdiction of unmarked human burials, duties--general archaeological investigation, when--professional archaeologist, advise state historic preservation officer, when. Mo. Rev. Stat. ß 194.407 (2009)

        1. In cases where an unmarked human burial or human skeletal remains are discovered as a result of construction or agricultural earth disturbing activities and where the state historic preservation officer has been determined to have jurisdiction, the state historic preservation officer shall determine whether removal of the human skeletal remains is necessary and appropriate for the purpose of scientific analysis. A general archaeological investigation of the site shall be conducted by a professional archaeologist and the professional archaeologist shall advise the state historic preservation officer of the physical location and the cultural and biological characteristics of the unmarked human burial or human skeletal remains within thirty days after the state historic preservation officer assumed jurisdiction over the burial or remains.

        2. In cases where an unmarked human burial or skeletal remains are discovered by a professional archaeologist in the course of an investigation, and where the state historic preservation officer has been determined to have jurisdiction, the professional archaeologist shall advise the state historic preservation officer of the physical location and the cultural and biological characteristics of the unmarked human burial or human skeletal remains within thirty days after the state historic officer assumed jurisdiction.

        3. Notwithstanding anything to the contrary herein contained no construction shall be suspended or delayed more than thirty days.

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

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

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

    3. Time Limits for Bringing Criminal Action

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

        Time limitations. Mo. Rev. Stat. ß 556.036 (2009)

        2. Except as otherwise provided in this section, prosecutions for other offenses must be commenced within the following periods of limitation:

        (1) For any felony, three years;

        (2) For any misdemeanor, one year;

        (3) For any infraction, six months;

        4. An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.

        5. A prosecution is commenced for a misdemeanor or infraction when the information is filed and for a felony when the complaint or indictment is filed.

        6. The period of limitation does not run:

        (1) During any time when the accused is absent from the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three years; or

        (2) During any time when the accused is concealing himself from justice either within or without this state; or

        (3) During any time when a prosecution against the accused for the offense is pending in this state; or

        (4) During any time when the accused is found to lack mental fitness to proceed pursuant to section 552.020, RSMo.

    4. Time Limits for Bringing Civil Action

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

        What actions within five years. Mo. Rev. Stat. ß 516.120 (2009)

        Within five years:

        (3) An action for trespass on real estate;

        (4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;

        There is no information relating specifically to the protection of burials.

  2. Sanctions

    1. Criminal

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

        Sentence of imprisonment, terms--conditional release. Mo. Rev. Stat. ß 558.011 (2009)

        1. The authorized terms of imprisonment, including both prison and conditional release terms, are:

        (1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment;

        (2) For a class B felony, a term of years not less than five years and not to exceed fifteen years;

        (3) For a class C felony, a term of years not to exceed seven years;

        (4) For a class D felony, a term of years not to exceed four years;

        (5) For a class A misdemeanor, a term not to exceed one year;

        (6) For a class B misdemeanor, a term not to exceed six months;

        (7) For a class C misdemeanor, a term not to exceed fifteen days.

        Fines for felonies. Mo. Rev. Stat. ß 560.011 (2009)

        1. A person who has been convicted of a class C or D felony may be sentenced

        (1) To pay a fine which does not exceed five thousand dollars; or

        (2) If the offender has gained money or property through the commission of the crime, to pay an amount, fixed by the court, not exceeding double the amount of the offender's gain from the commission of the crime. An individual offender may be fined not more than twenty thousand dollars under this provision.

        2. As used in this section the term "gain" means the amount of money or the value of property derived from the commission of the crime. The amount of money or value of property returned to the victim of the crime or seized by or surrendered to lawful authority prior to the time sentence is imposed shall be deducted from the fine. When the court imposes a fine based on gain the court shall make a finding as to the amount of the offender's gain from the crime. If the record does not contain sufficient evidence to support such a finding, the court may conduct a hearing upon the issue.

        3. The provisions of this section shall not apply to corporations.

        Fines for misdemeanors and infractions. Mo. Rev. Stat. ß 560.016 (2009)

        1. Except as otherwise provided for an offense outside this code, a person who has been convicted of a misdemeanor or infraction may be sentenced to pay a fine which does not exceed:

        (1) For a class A misdemeanor, one thousand dollars;

        (2) For a class B misdemeanor, five hundred dollars;

        (3) For a class C misdemeanor, three hundred dollars;

        (4) For an infraction, two hundred dollars.

        2. In lieu of a fine imposed under subsection 1, a person who has been convicted of a misdemeanor or infraction through which he derived "gain" as defined in section 560.011, may be sentenced to a fine which does not exceed double the amount of gain from the commission of the offense. An individual offender may be fined not more than twenty thousand dollars under this provision.

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

        Classification of offenses. Mo. Rev. Stat. ß 557.016 (2009)

        1. Felonies are classified for the purpose of sentencing into the following four categories:

        (1) Class A felonies;

        (2) Class B felonies;

        (3) Class C felonies; and

        (4) Class D felonies.

        2. Misdemeanors are classified for the purpose of sentencing into the following three categories:

        (1) Class A misdemeanors;

        (2) Class B misdemeanors; and

        (3) Class C misdemeanors.

        3. Infractions are not further classified.

        Classification of offenses outside this code. Mo. Rev. Stat. ß 557.021 (2009)

        1. Any offense defined outside this code which is declared to be a misdemeanor without specification of the penalty therefor is a class A misdemeanor.

        2. Any offense defined outside this code which is declared to be a felony without specification of the penalty therefor is a class D felony.

        3. For the purpose of applying the extended term provisions of section 558.016, RSMo, and the minimum prison term provisions of section 558.019, RSMo, and for determining the penalty for attempts and conspiracies, offenses defined outside of this code shall be classified as follows:

        (1) If the offense is a felony:

        (a) It is a class A felony if the authorized penalty includes death, life imprisonment or imprisonment for a term of twenty years or more;

        (b) It is a class B felony if the maximum term of imprisonment authorized exceeds ten years but is less than twenty years;

        (c) It is a class C felony if the maximum term of imprisonment authorized is ten years;

        (d) It is a class D felony if the maximum term of imprisonment is less than ten years;

        (2) If the offense is a misdemeanor:

        (a) It is a class A misdemeanor if the authorized imprisonment exceeds six months in jail;

        (b) It is a class B misdemeanor if the authorized imprisonment exceeds thirty days but is not more than six months;

        (c) It is a class C misdemeanor if the authorized imprisonment is thirty days or less;

        (d) It is an infraction if there is no authorized imprisonment.

    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?

        Below is the law designating the agency to create administrative sanctions related to burial protection.

        Law citation, state historic preservation act--state historic preservation officer to be director of natural resources, duties. Mo. Rev. Stat. ß 253.408 (2009)

        1. Sections 253.408 to 253.412 shall be known and may be cited as the "State Historic Preservation Act".

        2. The director of the department of natural resources is hereby designated as the state historic preservation officer. The state historic preservation office shall be located in the department of natural resources and shall be responsible for establishing, implementing, and administering federal and state programs or plans for historic preservation and shall have the following duties including, but not limited to:

        (1) Direct and conduct a comprehensive statewide survey of historic, archaeological, architectural, and cultural properties and maintain inventories of such properties;

        (2) Identify and nominate eligible properties to the National Register of Historic Places and otherwise administer applications for listing historic properties on the national register;

        (3) Prepare and implement a comprehensive statewide historic preservation plan;

        (4) Administer the state program of federal assistance for historic preservation within the state;

        (5) Administer historic preservation fund grants as mandated by the National Historic Preservation Act of 1966, as amended;

        (6) Provide public information, education and training, and technical assistance relating to the federal and state historic preservation programs;

        (7) Cooperate with local governments in the development of local historic preservation programs, and to assist local governments in becoming certified pursuant to the Historic Preservation Act of 1966, as amended;

        (8) Advise and assist federal and state agencies and local governments in carrying out their historic preservation responsibilities;

        (9) Cooperate with the National Advisory Council on Historic Preservation, federal and state agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development;

        (10) Administer the state unmarked human burial sites, as detailed in sections 194.400 to 194.410, RSMo;

        (11) Administer the historic preservation revolving fund, as detailed in sections 253.400 to 253.407; and

        (12) Cooperate with the department of economic development in administering the main street Missouri act, as detailed in sections 251.470 to 251.485, RSMo.

  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?

        We are unable to find a special exception made for property involving burials within the rule against perpetuities.

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

        Local government may acquire and dispose of cemeteries within boundaries--authority to regulate--penalties. Mo. Rev. Stat. ß 214.010 (2009)

        Any town, city, village or county in the state of Missouri may purchase, receive and hold real estate within such city, town, village or county for the burial of the dead, and may lease, sell or otherwise dispose of the same. The council of such cities, towns and villages or county commissioners may make rules and pass ordinances or orders imposing penalties and fines not exceeding one thousand dollars, regulating, protecting and governing cemeteries within such cities, towns, villages, and counties, the owners of lots therein, visitors thereto, and punishing trespassers thereon.

        Conveyance of cemetery property to political subdivision, when--notice of transfer. Mo. Rev. Stat. ß 214.035 (2009)

        1. For purposes of this section, the term "lot owner" means the purchaser of the cemetery lot or such purchaser's heirs, administrators, trustees, legatees, devisees, or assigns.

        2. Whenever a county, city, town or village has acquired real estate for the purpose of maintaining a cemetery or has acquired a cemetery from a cemetery association, and such county, city, town or village or its predecessor in title has conveyed any platted lot or designated piece of ground within the area of such cemetery, and the governing body of such county, city, town or village is the governing body of such cemetery pursuant to section 214.010, the title to any conveyed platted lots or designated pieces of ground, other than ground in which dead human remains are actually buried and all ground within two feet thereof, may be revested in the county, city, town or village in the following manner and subject to the following conditions:

        (1) No interment shall have been made in the lot and the title to such lot shall have been vested in the present owner for a period of at least fifty years prior to the commencement of any proceedings pursuant to this section;

        (2) If the lot owner of any cemetery lot is a resident of the county where the cemetery is located, the governing body shall cause to be served upon such lot owner a notice that proceedings have been initiated to revest the title of such lot in the county, city, town or village and that such lot owner may within the time provided by the notice file with the clerk or other officer performing the duties of clerk of such county, city, town or village, as applicable, a statement in writing explaining how rights in the cemetery lot were acquired and such person's desire to claim such rights in the lot. The notice shall be served in the manner provided for service of summons in a civil case and shall provide a period of not less than thirty days in which the statement can be filed. If the governing body ascertains that the statement filed by the lot owner is correct and the statement contains a claim asserting the rights of the lot owner in the lot, all proceedings by the governing body to revest title of the lot in the county, city, town or village shall be null and void and such proceedings shall be summarily terminated by the governing body as to the lots identified in the statement;

        (3) If it is determined by the return of the sheriff of the county in which the cemetery is located that the lot owner is not a resident of the county and cannot be found in the county, the governing body may cause the notice required by subdivision (2) of this subsection to be published once each week for two consecutive weeks in a newspaper of general circulation within the county, city, town or village. Such notice shall contain a general description of the title revestment proceedings to be undertaken by the governing body pursuant to this section, lot numbers and descriptions and lot owners' names. In addition, the notice shall notify the lot owner that such lot owner may, within the time provided, file with the clerk or other officer performing the duties of a clerk a statement setting forth how such lot owner acquired rights in the cemetery lot and that such lot owner desires to assert such rights. If the governing body ascertains that the statement filed by the lot owner is correct and the statement contains a claim asserting the rights of the lot owner in the lot, all proceedings by the governing body to revest title to the lot in the county, city, town or village shall be null and void and such proceedings shall be summarily terminated by the governing body as to the lots identified in the statement;

        (4) All notices, with proofs of service, mailing and publication of such notices, and all ordinances or other resolutions adopted by the governing body relative to these revestment proceedings shall be made a part of the records of such governing body;

        (5) Upon expiration of the period of time allowed for the filing of statements by lot owners as contained in the notice served personally, by mail or published, all parties who fail to file with the clerk, or other officer performing the duties of clerk in such county, city, town or village, their statement asserting their rights in the cemetery lots shall be deemed to have abandoned their rights and claims in the lot, and the governing body may bring an action in the circuit court of the county in which the cemetery is located against all lot owners in default, joining as many parties so in default as it may desire in one action, to have the rights of the parties in such lots or parcels terminated and the property restored to the governing body of such cemetery free of any right, title or interest of all such defaulting parties or their heirs, administrators, trustees, legatees, devisees or assigns. Such action in all other respects shall be brought and determined in the same manner as ordinary actions to determine title to real estate;

        (6) In all such cases the fact that the grantee, holder or lot owner has not, for a term of more than fifty successive years, had occasion to make an interment in the cemetery lot and the fact that such grantee, holder or lot owner did not upon notification assert a claim in such lot, pursuant to this section, shall be prima facie evidence that the party has abandoned any rights such party may have had in such lot;

        (7) A certified copy of the judgments in such actions quieting title may be filed in the office of the recorder of deeds in and for the county in which the cemetery is situated;

        (8) All notices and all proceedings pursuant to this section shall distinctly describe the portion of such cemetery lot unused for burial purposes and the county, city, town or village shall leave sufficient ingress to, and egress from, any grave upon the lot, either by duly dedicated streets or alleys in the cemetery, or by leaving sufficient amounts of the unused portions of the cemetery for such purposes;

        (9) This section shall not apply to any lot in any cemetery where a perpetual care contract has been entered into between such cemetery, the county, city, town or village and the owner of such lot;

        (10) Compliance with the terms of this section shall * fully revest the county, city, town or village with, and divest the lot owner of record of, the title to such portions of such cemetery lot unused for burial purposes as though the lot had never been conveyed to any person, and such county, city, town or village shall have, hold and enjoy such unclaimed portions of such lots for its own uses and purposes, subject to the laws of this state, and to the charter, ordinances and rules of such cemetery and the county, city, town or village.

        Proceedings to enlarge. Mo. Rev. Stat. ß 214.080 (2009)

        Whenever it shall become absolutely necessary to enlarge any public burial ground or cemetery, and when the public, to the number of five or more persons, interested in the enlargement of said burial grounds or cemetery, and the owner or owners of the adjoining land, cannot agree as to the price to be paid for the same, or for any other cause cannot secure a title thereto, the public, to the number of five or more persons, may proceed to condemn the same, in the same manner as provided by law for condemnation, appropriation and valuation, in cases of lands taken for telegraph and railroad purposes; and on such condemnation, and the payment of the appraisement as therein provided, the title of such land shall vest in the public for the purposes and uses only for which it was taken.

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

        Definitions. Mo. Rev. Stat. ß 260.1003 (2009)

        As used in sections 260.1000 to 260.1039, the following terms shall mean:

        (3) "Department", the Missouri department of natural resources or any other state or federal department that determines or approves the environmental response project under which the environmental covenant is created;

        (4) "Environmental covenant", a servitude arising under an environmental response project that imposes activity and use limitations;

        (5) "Environmental response project", a plan or work performed for environmental remediation of real property and conducted:

        (a) Under a federal or state program governing environmental remediation of real property, including but not limited to the Missouri hazardous waste management law as specified in this chapter;

        (b) Incident to closure of a solid or hazardous waste management unit, if the closure is conducted with approval of the department; or

        (c) Under a state voluntary cleanup program authorized in the Missouri hazardous waste management law as specified in this chapter.

        "Environmental response project" shall not include plans or work performed for environmental remediation of releases from aboveground storage tanks or underground storage tanks as defined in section 319.100, RSMo;

        Holder of an environmental covenant--department bound by covenant--rules for interests in real property. Mo. Rev. Stat. ß 260.1006 (2009)

        1. Any person, including a person that owns an interest in the real property, the department, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.

        2. The rights of a department under sections 260.1000 to 260.1039 or under an environmental covenant, other than a right as a holder, is not an interest in real property.

        3. A department is bound by any obligation it assumes in an environmental covenant, but a department does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than sections 260.1000 to 260.1039 except as provided in the covenant.

        4. The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:

        (1) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant;

        (2) Sections 260.1000 to 260.1039 do not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;

        (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners association;

        (4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person's interest but shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant.

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

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

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

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

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

        Cemetery lots, conveyed by deed. Mo. Rev. Stat. ß 214.030 (2009)

        The cemetery lots owned by such county, city, town or village shall be conveyed by deed signed by the mayor or presiding commissioner of said county, city, town or village, duly attested by the clerk of such county, city, town or village, or other officer performing the duties of clerk, and shall vest in the purchaser, his or her heirs and assigns, a right in fee simple to such lot for the sole purpose of interment pursuant to the regulations of the council or commission, except that such fee simple right may be revested in the county, city, town or village pursuant to section 214.035.

        We are unable to locate information regarding regulation of private transfer of cemetery lots and disposition of cemetery land at this time.

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

        Violation of nuisance ordinance--abandonment--action authorized--costs--eminent domain. Mo. Rev. Stat. ß 214.205 (2009)

        1. If any cemetery not described in section 214.090 is found to be in violation of a city, town, village or county nuisance ordinance for failure to cut grass or weeds, or care for graves, grave markers, walls, fences, driveways or buildings, the governing body of such city, town, village or county shall be authorized to take those actions necessary to restore and maintain the cemetery, and the governing body shall be authorized to charge the expenses of such actions against the cemetery. If actions are taken by a city, town, village or county pursuant to this subsection, the city, town, village or county may assess all true costs of restoration, maintenance and operation against any responsible person, partnership or corporation whether such person, partnership or corporation is a lessee, lessor, equitable title holder or legal title holder to the unmaintained cemetery. Any city, town, village or county which assesses costs pursuant to this section reserves the right to pursue any and all legal, equitable or criminal remedies to collect such assessed costs. Any city, town, village or county which pursues a civil remedy pursuant to this section may employ independent attorneys and law firms to collect the costs of restoration, maintenance and operation of any unmaintained cemetery.

        2. As used in this section, the term "abandoned cemetery" means any cemetery, except one described in section 214.090, in which, for a period of at least one year, there has been a substantial failure to cut grass or weeds or care for graves, grave markers, walls, fences, driveways and buildings or for which proper records have not been maintained pursuant to section 214.340. Whenever the attorney general determines the existence of an abandoned cemetery in this state, the attorney general shall immediately proceed to dissolve the cemetery corporation owning the same. Upon the dissolution of such corporation, title to all property owned by the cemetery corporation shall vest in the municipality or county in which the cemetery is located, and the endowed care fund, together with all investments then outstanding, and all books, records and papers of such corporation shall be transferred to the treasurer of such municipality or county and shall become the property thereof. Upon the transfer of such property and funds, the governing body of such municipality or county shall care for and maintain such cemetery with any moneys of the cemetery corporation, including the principal of and income from the endowed care funds, and, if such moneys are insufficient to properly maintain such cemetery, then it may use funds of the municipality or county.

        3. In addition to those powers granted the attorney general in subsection 2 of this section, every municipality or county in which any abandoned cemetery is located may acquire through its power of eminent domain such cemetery, together with all endowed care funds, maintenance equipment, books and records, accounts receivable and other personal property used or created in the operation of the cemetery and owned or controlled by the person or association which owns the cemetery. The municipality or county shall acquire the cemetery and related property subject to the rights of owners of burial lots or other interment spaces. Upon so acquiring the cemetery and related property, the acquiring municipality or county shall operate and maintain the cemetery as a public cemetery. The municipality or county which so acquires an abandoned cemetery shall not be liable for any act or transaction which occurred prior to such acquisition, including, without limitation, any obligation to third parties or incorrect lot ownership or burial records.

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

        Abandonment of burial site, rights revert to cemetery.Mo. Rev. Stat. ß 214.209 (2009)

        1. After a period of seventy-five years since the last recorded activity on a burial site and after a reasonable search for heirs and beneficiaries, the burial site shall be abandoned and the right of ownership in the burial site shall revert to the private or public cemetery, after the cemetery has met the requirements of this section.

        2. A reasonable search for heirs and beneficiaries pursuant to this section shall include sending a letter of notice to the last known address of the record property owner; and publishing a copy of the description of the abandoned burial site in a newspaper qualified to publish public notices as provided in chapter 493, RSMo, published in the county of the record property owner's last known address, for three weeks; and if no person proves ownership of the burial site within one year after such publication, the burial site shall be deemed abandoned.

        3. If persons with a legitimate claim to the abandoned burial site present themselves after the abandoned burial site has been used or sold by the private or public cemetery, the person's claim shall be settled by providing an equal burial site in an equivalent location to the burial site that reverted to the private or public cemetery.

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

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

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

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

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

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

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

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

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

        Scope of law. Mo. Rev. Stat. ß 194.405 (2009)

        When an unmarked human burial or human skeletal remains are encountered during archaeological excavation, construction, or other ground disturbing activities, whether found on or in any private lands or waters or on or in any lands or waters owned by the state of Missouri or its political subdivisions, agencies or instrumentalities, the provisions of sections 194.400 to 194.410 shall apply.

        Unmarked human burials, knowledge or discovery--notice to local law enforcement officer or state historic preservation officer--jurisdiction, how determined. Mo. Rev. Stat. ß 194.406 (2009)

        1. Any person knowing or with reason to know that an unmarked human burial or human skeletal remains are being disturbed, destroyed, defaced, mutilated, removed, or excavated, or exposed shall immediately notify either the state historic preservation officer or the local law enforcement officer with jurisdiction for the area in which the burial or remains are encountered.

        2. When an unmarked human burial or human skeletal remains are encountered as a result of construction or agricultural earth disturbing activities or by a professional archaeologist in the course of an investigation all such activities shall cease immediately within a radius of fifty feet of the point of discovery. Such activity shall not resume without specific authorization from either the state historic preservation officer or the local law enforcement officer, whichever party has jurisdiction over and responsibility for such remains. Said parties shall act promptly and make a decision within a reasonable time. Jurisdiction will be determined as follows:

        (1) If upon investigation, the local law enforcement officer determines that the human skeletal remains may be involved in a legal investigation, that officer will immediately assume all jurisdiction over and responsibility for such remains;

        (2) If upon investigation, the local enforcement officer determines that the remains are not involved in a legal investigation, the state historic preservation officer or his duly designated representative shall assume responsibility for such remains.

        State historic preservation officer, jurisdiction of unmarked human burials, duties--general archaeological investigation, when--professional archaeologist, advise state historic preservation officer, when.Mo. Rev. Stat. ß 194.407 (2009)

        1. In cases where an unmarked human burial or human skeletal remains are discovered as a result of construction or agricultural earth disturbing activities and where the state historic preservation officer has been determined to have jurisdiction, the state historic preservation officer shall determine whether removal of the human skeletal remains is necessary and appropriate for the purpose of scientific analysis. A general archaeological investigation of the site shall be conducted by a professional archaeologist and the professional archaeologist shall advise the state historic preservation officer of the physical location and the cultural and biological characteristics of the unmarked human burial or human skeletal remains within thirty days after the state historic preservation officer assumed jurisdiction over the burial or remains.

        2. In cases where an unmarked human burial or skeletal remains are discovered by a professional archaeologist in the course of an investigation, and where the state historic preservation officer has been determined to have jurisdiction, the professional archaeologist shall advise the state historic preservation officer of the physical location and the cultural and biological characteristics of the unmarked human burial or human skeletal remains within thirty days after the state historic officer assumed jurisdiction.

        3. Notwithstanding anything to the contrary herein contained no construction shall be suspended or delayed more than thirty days.

        State historic preservation officer, reinterment, duties--consultation with unmarked human burial consultation committee, when. Mo. Rev. Stat. ß 194.408 (2009)

        Whenever an unmarked human burial or human skeletal remains are reported to the state historic preservation officer, the state historic preservation officer shall proceed as follows:

        (1) Insofar as possible, the state historic preservation officer shall make reasonable efforts to identify and locate persons who can establish direct kinship with or descent from the individual whose remains constitute the burial. The state historic preservation officer, in consultation with the most closely related family member, shall determine the proper disposition of the remains;

        (2) When no direct kin or descendants can be identified or located, but the burial or remains can be shown to have ethnic affinity with living peoples, the state historic preservation officer in consultation with the leaders of the ethnic groups having a relation to the burial or remains shall determine the proper disposition of the remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year;

        (3) When the burial or remains cannot be related to any living peoples, the state historic preservation officer, in consultation with the unmarked human burial consultation committee, shall determine the proper disposition of the burial or remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year unless otherwise and to the extent determined by the committee;

        (4) Notwithstanding subdivisions (2) and (3) of this section the state historical preservation officer may seek approval from the unmarked human burial consultation committee to delay reinterment of the remains for an additional scientific study in a facility chosen by the state historic preservation officer. If the study is approved by the committee reinterment shall be delayed for a period as specified by the committee.

        Unmarked human burial consultation committee, established--seven members, qualifications--state historic preservation officer, chairman--meetings, when--members serve without remuneration--expenses--federal law. Mo. Rev. Stat. ß 194.409 (2009)

        1. There is hereby created in the department of natural resources, an "Unmarked Human Burial Consultation Committee", which shall be composed of seven members to be appointed by the governor with the advice and consent of the senate. The members of the committee shall be appointed as follows: the state historic preservation officer, two members who are archaeologists or skeletal analysts, two native Americans who are members of an Indian tribe recognized by the United States of America, one member who is a non-Indian minority, and one non-Indian, non-minority member who is neither a professional archaeologist nor a skeletal analyst. Members of the committee shall be residents of the state of Missouri.

        2. The state historic preservation officer shall be chairman of the committee and shall serve a term which is contemporaneous with his employment as director of the department of natural resources. The terms of all other members of the committee shall be three years.

        3. The committee shall meet at least once each calendar year, but may meet more often at the request of the state historic preservation officer.

        4. The members of the committee shall serve voluntarily and shall not receive compensation for membership on the committee, except that they shall be eligible to receive reimbursement for transportation expenses as provided for through the budget approved for the office of the state historic preservation officer.

        5. All actions and decisions of the state historic preservation officer and the unmarked human burial consultation committee shall be in conformity with the provisions of the federal National Historic Preservation Act of 1966, as amended.

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

        Right of sepulcher, the right to choose and control final disposition of a dead human body. Mo. Rev. Stat ß 194.119 (2009)

        1. As used in this section, the term "right of sepulcher" means the right to choose and control the burial, cremation, or other final disposition of a dead human body.

        2. For purposes of this chapter and chapters 193, 333, and 436, RSMo, and in all cases relating to the custody, control, and disposition of deceased human remains, including the common law right of sepulcher, where not otherwise defined, the term "next-of-kin" means the following persons in the priority listed if such person is eighteen years of age or older, is mentally competent, and is willing to assume responsibility for the costs of disposition:

        (1) An attorney in fact designated in a durable power of attorney wherein the deceased specifically granted the right of sepulcher over his or her body to such attorney in fact;

        (2) The surviving spouse;

        (3) Any surviving child of the deceased. If a surviving child is less than eighteen years of age and has a legal or natural guardian, such child shall not be disqualified on the basis of the child's age and such child's legal or natural guardian, if any, shall be entitled to serve in the place of the child unless such child's legal or natural guardian was subject to an action in dissolution from the deceased. In such event the person or persons who may serve as next-of-kin shall serve in the order provided in subdivisions (4) to (8) of this subsection;

        (4) (a) Any surviving parent of the deceased; or

        (b) If the deceased is a minor, a surviving parent who has custody of the minor; or

        (c) If the deceased is a minor and the deceased's parents have joint custody, the parent whose residence is the minor child's residence for purposes of mailing and education;

        (5) Any surviving sibling of the deceased;

        (6) The next nearest surviving relative of the deceased by consanguinity or affinity;

        (7) Any person or friend who assumes financial responsibility for the disposition of the deceased's remains if no next-of-kin assumes such responsibility;

        (8) The county coroner or medical examiner; provided however that such assumption of responsibility shall not make the coroner, medical examiner, the county, or the state financially responsible for the cost of disposition.

        3. The next-of-kin of the deceased shall be entitled to control the final disposition of the remains of any dead human being consistent with all applicable laws, including all applicable health codes.

        4. A funeral director or establishment is entitled to rely on and act according to the lawful instructions of any person claiming to be the next-of-kin of the deceased; provided however, in any civil cause of action against a funeral director or establishment licensed pursuant to this chapter for actions taken regarding the funeral arrangements for a deceased person in the director's or establishment's care, the relative fault, if any, of such funeral director or establishment may be reduced if such actions are taken in reliance upon a person's claim to be the deceased person's next-of-kin.

        5. Any person who desires to exercise the right of sepulcher and who has knowledge of an individual or individuals with a superior right to control disposition shall notify such individual or individuals prior to making final arrangements.

        6. If an individual with a superior claim is personally served with written notice from a person with an inferior claim that such person desires to exercise the right of sepulcher and the individual so served does not object within forty-eight hours of receipt, such individual shall be deemed to have waived such right. An individual with a superior right may also waive such right at any time if such waiver is in writing and dated.

        7. If there is more than one person in a class who are equal in priority and the funeral director has no knowledge of any objection by other members of such class, the funeral director or establishment shall be entitled to rely on and act according to the instructions of the first such person in the class to make arrangements; provided that such person assumes responsibility for the costs of disposition and no other person in such class provides written notice of his or her objection.

        We are unable to locate information regarding the disposition of funerary artifacts at this time.

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

        Disinterment for transport to location outside original cemetery--notice, to whom, contents. Mo Rev. Stat. ß 194.105 (2009)

        In addition to any records filed pursuant to chapter 193, RSMo, any person or owner or operator of any cemetery which removes any body which has been properly buried or interred for transportation to a location outside the original cemetery shall, prior to such disinterment, file notice with the county coroner or county medical examiner and also notify by certified mail, the closest living relative known to the cemetery operator, of the body being moved. Such notice shall provide the name and address of the person moving the body, the name of the person whose body is to be moved, and the location to which the body is to be moved. Transportation of the body shall be in accordance with the provisions of sections 194.010 to 194.110, and in accordance with any other applicable law or regulation.

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

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

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

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

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

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

      20. 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.

      21. How is activity affecting aquatic beds regulated?

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

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

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

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

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

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

        Encasement of bodies to be shipped. Mo. Rev. Stat. ß 194.010 (2009)

        A disinterred human body, dead of a disease or any cause, will be treated as infectious and dangerous to the public health, and shall not be offered to or accepted by any common carrier for transportation unless it is encased in an airtight metal or metal-lined burial case, coffin, casket or box that is closed and hermetically sealed.

        Transportation of dead body by common carrier, requirements. Mo. Rev. Stat. ß194.060 (2009)

        No dead human body shall be offered to or accepted by any common carrier for transportation unless it is in a burial case, coffin or casket that is securely closed, and the burial case, coffin, or casket containing the body is in a wooden, metal or metal-lined box that is securely closed, and on the top of the box must appear the name of the deceased, the destination, the time and place of death, the cause of death, the name of the attending physician or coroner, and the name of the person who prepared the body for shipment.

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

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

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

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

        Missouri state anatomical board--members--responsibilities. Mo. Rev. Stat. ß 194.120 (2009)

        1. That the heads of departments of anatomy, professors and associate professors of anatomy at the educational institutions of the state of Missouri which are now or may hereafter become incorporated, and in which said educational institutions human anatomy is investigated or taught to students in attendance at said educational institutions, shall be and hereby are constituted the "Missouri State Anatomical Board", herein referred to in sections 194.120 to 194.180 as "the board".

        2. The board shall have exclusive charge and control of the disposal and delivery of dead human bodies, as described in sections 194.120 to 194.180, to and among such educational institutions as under the provisions of said sections are entitled thereto.

        3. The secretary of the board shall keep an accurate record of all bodies received and distributed by the board, showing the dates of receipt and distribution, the sources from which they came to the board, and the name and address of the educational institutions to which the same were sent, which record shall be at all times open to the inspection of each member of the board and of any prosecuting attorney or circuit attorney of any county or city within the state of Missouri.

        Disposal of paupers' bodies. Mo. Rev. Stat. ß 194.150 (2009)

        1. Superintendents or wardens of penitentiaries, houses of correction and bridewells, hospitals, insane asylums and poorhouses, and coroners, sheriffs, jailers, city and county undertakers, and all other state, county, town or city officers having the custody of the body of any deceased person required to be buried at public expense, shall be and hereby are required immediately to notify the secretary of the board, or the person duly designated by the board or by its secretary to receive such notice, whenever any such body or bodies come into his or their custody, charge or control, and shall, without fee or reward, deliver, within a period not to exceed thirty-six hours after death, except in cases within the jurisdiction of a coroner where retention for a longer time may be necessary, such body or bodies into the custody of the board and permit the board or its agent or agents to take and remove all such bodies, or otherwise dispose of them; provided, that each educational institution receiving a body from the board shall hold such body for at least thirty days, during which time any relative or friend of any such deceased person or persons shall have the right to take and receive the dead body from the possession of any person in whose charge or custody it may be found, for the purpose of interment, upon paying the expense of such interment.

        2. Each educational institution securing a dead body shall pay all necessary expense incurred in the delivery thereof, including cost of notice to the secretary of the board or his agent, which notice shall be by telegraph, when necessary to insure immediate notice. A correct record of all such bodies, including the name and date of death, shall be kept in a book provided for that purpose by the county clerk of the county in which such person died, and by the city health commissioner of the city of St. Louis, and such record shall be promptly furnished said officer by the person or persons reporting said bodies to the secretary of the board or his agent.

        3. Whenever any person fails to give the notice and deliver the body of a deceased person as required by this section, and by reason of such failure such body shall become unfit for anatomical purposes, and is so certified by the duly authorized officer or agent of the board, such body shall be buried at the expense of the person so failing to notify and deliver such body.

    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?

        Definitions. Mo. Rev. Stat. ß 214.270 (2009)

        As used in sections 214.270 to 214.410, the following terms mean:

        (5) "Cemetery association", any number of persons who shall have associated themselves by articles of agreement in writing as a not-for-profit association or organization, whether incorporated or unincorporated, formed for the purpose of ownership, preservation, care, maintenance, adornment and administration of a cemetery. Cemetery associations shall be governed by a board of directors. Directors shall serve without compensation;

        The statutes governing not-for-profit associations can be found in chapter 274.

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

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

      3. Who has custody rights of discovered human remains?

        State historic preservation officer, reinterment, duties--consultation with unmarked human burial consultation committee, when. Mo. Rev. Stat. ß 194.408 (2009)

        Whenever an unmarked human burial or human skeletal remains are reported to the state historic preservation officer, the state historic preservation officer shall proceed as follows:

        (1) Insofar as possible, the state historic preservation officer shall make reasonable efforts to identify and locate persons who can establish direct kinship with or descent from the individual whose remains constitute the burial. The state historic preservation officer, in consultation with the most closely related family member, shall determine the proper disposition of the remains;

        (2) When no direct kin or descendants can be identified or located, but the burial or remains can be shown to have ethnic affinity with living peoples, the state historic preservation officer in consultation with the leaders of the ethnic groups having a relation to the burial or remains shall determine the proper disposition of the remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year;

        (3) When the burial or remains cannot be related to any living peoples, the state historic preservation officer, in consultation with the unmarked human burial consultation committee, shall determine the proper disposition of the burial or remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year unless otherwise and to the extent determined by the committee;

        (4) Notwithstanding subdivisions (2) and (3) of this section the state historical preservation officer may seek approval from the unmarked human burial consultation committee to delay reinterment of the remains for an additional scientific study in a facility chosen by the state historic preservation officer. If the study is approved by the committee reinterment shall be delayed for a period as specified by the committee.

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

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

      5. What rights do nonresidents of the state maintain?

        Equality of citizens. Mo. Rev. Stat. ß 1.200 (2009)

        In all cases proper for the cognizance of the civil authority of this state and the courts of judicature in the same, all the citizens of the United States are equally entitled to the privileges of law and justice with the citizens of this state.

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

        Rules and regulations, procedure. Mo. Rev. Stat. ß 253.035 (2009)

        1. The director of the department of natural resources may make and promulgate all reasonable rules and regulations necessary for the proper maintenance, improvement, acquisition and preservation of all state parks.

        2. The rules and regulations of the director not relating to its organization and internal management shall become effective not less than ten days after being filed with the secretary of state, as provided in chapter 536, RSMo. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

        3. Any person who shall violate a rule issued pursuant to subsection 2 of this section pertaining to the conduct of park visitors or the use by the public of park facilities shall be subject to removal from a state park and shall be subject to other punishment as otherwise provided by law.

        Law citation, state historic preservation act--state historic preservation officer to be director of natural resources, duties. Mo. Rev. Stat. ß 253.408 (2009)

        1. Sections 253.408 to 253.412 shall be known and may be cited as the "State Historic Preservation Act".

        2. The director of the department of natural resources is hereby designated as the state historic preservation officer. The state historic preservation office shall be located in the department of natural resources and shall be responsible for establishing, implementing, and administering federal and state programs or plans for historic preservation and shall have the following duties including, but not limited to:

        (1) Direct and conduct a comprehensive statewide survey of historic, archaeological, architectural, and cultural properties and maintain inventories of such properties;

        (2) Identify and nominate eligible properties to the National Register of Historic Places and otherwise administer applications for listing historic properties on the national register;

        (3) Prepare and implement a comprehensive statewide historic preservation plan;

        (4) Administer the state program of federal assistance for historic preservation within the state;

        (5) Administer historic preservation fund grants as mandated by the National Historic Preservation Act of 1966, as amended;

        (6) Provide public information, education and training, and technical assistance relating to the federal and state historic preservation programs;

        (7) Cooperate with local governments in the development of local historic preservation programs, and to assist local governments in becoming certified pursuant to the Historic Preservation Act of 1966, as amended;

        (8) Advise and assist federal and state agencies and local governments in carrying out their historic preservation responsibilities;

        (9) Cooperate with the National Advisory Council on Historic Preservation, federal and state agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development;

        (10) Administer the state unmarked human burial sites, as detailed in sections 194.400 to 194.410, RSMo;

        (11) Administer the historic preservation revolving fund, as detailed in sections 253.400 to 253.407; and

        (12) Cooperate with the department of economic development in administering the main street Missouri act, as detailed in sections 251.470 to 251.485, RSMo.

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

        The state historical society holds historic property in trust for the state.

        Society made trustee for the state--powers--executive committee. Mo. Rev. Stat. ß 183.010 (2009)

        1. The state historical society of Missouri, heretofore organized under the laws of this state, shall be the trustee of this state, and as such shall hold all its present and future collections and property for the state, and shall not mortgage or deed in trust any of its property or sell any of such property except by way of exchange for property of equal value or for reinvestment.

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

        The state of Missouri delegates the selection of members of the state historical society to the society itself:

        Society made trustee for the state--powers--executive committee. Mo. Rev. Stat. ß 183.010 (2009)

        2. There shall continue to be an executive committee of said society, to consist of as many members as is or may be provided in the constitution of said society, and to have the same powers as the present executive committee.

        There is also statute allowing for local preservation commissions:

        Local historic preservation citation--historic preservation commission may be established by ordinance--powers--qualifications. Mo. Rev. Stat. ß 253.415 (2009)

        1. This section shall be known and may be cited as the "Local Historic Preservation Act".

        2. Each city, town, village and each county regardless of classification may create by ordinance or order a historic preservation commission, and * grant to such commission any or all of the following powers and authority:

        (1) To conduct ongoing survey and research to identify and document buildings, structures, objects, sites and districts that are of historic, archaeological, architectural, engineering, cultural or scenic significance to the locality, the state or the nation;

        (2) To recommend to the governing body designation of significant historic properties as historic landmarks and historic districts, to prepare documentation supporting such nomination, and to maintain a register of designated landmarks and districts, and of significant historical, architectural and archaeological properties;

        (3) To recommend to the governing body the establishment of regulations, guidelines and policies to preserve the integrity and ambience of designated landmarks and districts. The commission shall have the authority to review ordinary maintenance as deemed appropriate, new construction, alterations, removals, and demolitions proposed within the boundaries of a landmark or district, including review of plans for vacant lots and nonhistoric buildings and structures;

        (4) To provide technical assistance to owners of older and historic, architectural, archaeological, cultural and scenic properties concerning the preservation and maintenance of the property;

        (5) To recommend to the governing body programs and policies and economic incentives to encourage the preservation of significant historic landmarks and districts;

        (6) To prepare a comprehensive historic preservation plan, or a preservation element to a master plan, to integrate the preservation program into the local government for planning and zoning for land use, building and fire codes, special-use permits, community revitalization, and heritage tourism;

        (7) To participate in the conduct of land use, urban renewal and other city activities affecting landmarks and districts; and

        (8) To acquire by purchase, gift, or bequest, fee title or lesser interest, including preservation restriction or easements, in designated properties and adjacent or associated lands which are important for the preservation and use of the designated properties.

        3. Commission members should, to the extent available, be persons with demonstrated interest or expertise in historic preservation. Representatives of historical societies and residents of historic districts are encouraged as members.

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

        It appears there is no state historic preservation ìboard,î but rather the director of the department of natural resources is named the historic preservation ìofficerî and is allowed to appoint qualified staff. The director is appointed by the governor and approved by the senate.

        Department created--director, appointment, powers, duties--transfer of certain agencies. Mo. Rev. Stat. ß 640.010 (2009)

        1. There is hereby created a department of natural resources in charge of a director appointed by the governor, by and with the advice and consent of the senate. The director shall administer the programs assigned to the department relating to environmental control and the conservation and management of natural resources. The director shall coordinate and supervise all staff and other personnel assigned to the department. He shall faithfully cause to be executed all policies established by the boards and commissions assigned to the department, be subject to their decisions as to all substantive and procedural rules and his decisions shall be subject to appeal to the board or commission on request of the board or commission or by affected parties. The director shall recommend policies to the various boards and commissions assigned to the department to achieve effective and coordinated environmental control and natural resource conservation policies.

        2. The director shall appoint directors of staff to service each of the policy making boards or commissions assigned to the department. Each director of staff shall be qualified by education, training and experience in the technical matters of the board to which he is assigned and his appointment shall be approved by the board to which he is assigned and he shall be removed or reassigned on their request in writing to the director of the department. All other employees of the department and of each board and commission assigned to the department shall be appointed by the director of the department in accord with chapter 36, RSMo, and shall be assigned and may be reassigned as required by the director of the department in such a manner as to provide optimum service, efficiency and economy.

        Deputy state preservation officer appointment--to serve as director--staff, qualifications. Mo. Rev. Stat. ß 253.410 (2009)

        The state historic preservation officer shall designate a deputy state historic preservation officer who shall serve as director of the state historic preservation office. At a minimum, the staff of the state historic preservation office shall include an archaeologist, an architectural historian, a historian and a historical architect.

    2. Scope of Authority

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

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

      2. How are cemetery sales records to be kept?

        Plots and records of cemeteries to be maintained, where--requirements. Mo. Rev. Stat. ß 214.040 (2009)

        1. Every person or association which owns any cemetery in which dead human remains are or may be buried or otherwise interred, except a private or family cemetery, shall cause to be maintained in an office in the cemetery, or in an office within a reasonable distance of the cemetery, a plat of such cemetery showing the entire area and location of the cemetery, the portion thereof which is formally dedicated for the burial of dead human remains, all burial lots or interment spaces, and all walks, roads, improvements and features. The cemetery operator shall cause the plat to be updated from time to time as is necessary to cause the plat to remain current.

        2. The cemetery operator shall also cause to be maintained at such office a record of the owner of each burial lot or interment space described in the current plat of the cemetery and a record of all dead human remains buried or interred at the cemetery, which record shall include the name of each deceased person buried or interred at the cemetery, the date of burial or interment, the location of burial or interment and, if known, the name and address of the funeral director who provided the memorial service or other final arrangements for the deceased person. The cemetery operator shall cause reasonable assistance to be provided to burial lot or interment space owners in locating their lots or spaces and to the family or other interested persons in locating the place of burial or interment of deceased persons whose remains are buried or interred in the cemetery.

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

        State and local historic preservation groups may both acquire historic property as detailed below.

        Property, acquired how--condemnation prohibited. Mo. Rev. Stat. ß 253.403 (2009)

        From the moneys in the historic preservation revolving fund, upon appropriation by the general assembly, the department of natural resources may acquire, preserve, restore, hold, maintain or operate any historic properties, together with such adjacent or associated lands as may be necessary for their protection, preservation, maintenance or operation. Acquisition of historic property may include acquiring the fee simple title or any lesser interest therein. Property may be acquired by gift, grant, bequest, devise, lease, purchase or otherwise, but not by condemnation.

        Historic preservation revolving fund authorized--definitions--use of fund. Mo. Rev. Stat. ß 253.395 (2009)

        1. As used in this section, the following terms mean:

        (1) "Historic properties" or "property", any building, structure, district, area, or site within a municipality's boundaries that is significant in the history, architecture, archaeology, or culture of this state, its communities, or this country, which is eligible for nomination to the National Register of Historic Places;

        (2) "Municipality", any town, city, or village that has by ordinance established a historic preservation revolving fund as authorized by this section.

        2. Any town, city, or village in the state of Missouri may by ordinance establish a fund for the purpose of protecting and preserving historic properties, such fund to be known as the "Historic Preservation Revolving Fund". All expenses incurred in the acquisition of and all revenues received from the disposition of property as provided in subsections 3 and 4 of this section shall be paid for out of and deposited in the historic preservation revolving fund. Any moneys appropriated and any other moneys made available by gift, grant, bequest, contribution, or otherwise to carry out the purpose of this section, and all interest earned on, and income generated from, moneys in the fund shall be paid to, and deposited in, the historic preservation revolving fund.

        3. From the moneys in the historic preservation revolving fund, such municipality may acquire, preserve, restore, hold, maintain, or operate any historic properties, together with such adjacent or associated lands within the municipality's boundaries as may be necessary for their protection, preservation, maintenance, or operation. Any interest in property acquired using the moneys in the historic preservation revolving fund shall be limited to that estate, agency, interest, or term deemed by such municipality to be reasonably necessary for the continued protection or preservation of the property. The moneys in this fund may be used to acquire the fee simple title, but where such municipality finds that a lesser interest, including any development right, negative or affirmative easement in gross or appurtenant covenant, lease or other contractual right of or to any real property to be the most practical and economical method of protecting and preserving historical property, the lesser interest may be acquired. Property may be acquired by gift, grant, bequest, devise, lease, purchase, or otherwise, but not by condemnation.

        4. Such municipality may acquire or, in the case of property on which moneys from this fund have been expended, dispose of the fee or lesser interest to any historic property, including adjacent and associated lands, for the specific purpose of conveying or leasing the property back to its original owner or to any such other person, firm, association, corporation, or other organization under such covenants, deed restrictions, lease, or other contractual arrangements as will limit the future use of the property in such a way as to insure its preservation. In all cases where property on which money from this fund has been expended is conveyed or leased, it shall be subjected by covenant or otherwise to such rights of access, public visitation, and other conditions as may be agreed upon between the municipality and the grantee or lessee to operate, maintain, restore, or repair such property. Any conveyance or lease shall contain a reversion clause providing that, in the event the historic property is not operated, maintained, restored, and repaired in accordance with the provisions of this section or in such a way as to insure its preservation, title, and control of such property shall immediately revert to and vest in the municipality.

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

        The state manages park and historic sites through the use of revolving funds, as described in Mo. Rev. Stat. ß 253.022 (2009) and Mo. Rev. Stat. ß 253.402 (2009). These funds are administered by the state department of natural resources.

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

        Local historic preservation citation--historic preservation commission may be established by ordinance--powers--qualifications. Mo. Rev. Stat. ß 253.415 (2009)

        1. This section shall be known and may be cited as the "Local Historic Preservation Act".

        2. Each city, town, village and each county regardless of classification may create by ordinance or order a historic preservation commission, and * grant to such commission any or all of the following powers and authority:

        (1) To conduct ongoing survey and research to identify and document buildings, structures, objects, sites and districts that are of historic, archaeological, architectural, engineering, cultural or scenic significance to the locality, the state or the nation;

        (2) To recommend to the governing body designation of significant historic properties as historic landmarks and historic districts, to prepare documentation supporting such nomination, and to maintain a register of designated landmarks and districts, and of significant historical, architectural and archaeological properties;

        (3) To recommend to the governing body the establishment of regulations, guidelines and policies to preserve the integrity and ambience of designated landmarks and districts. The commission shall have the authority to review ordinary maintenance as deemed appropriate, new construction, alterations, removals, and demolitions proposed within the boundaries of a landmark or district, including review of plans for vacant lots and nonhistoric buildings and structures;

        (4) To provide technical assistance to owners of older and historic, architectural, archaeological, cultural and scenic properties concerning the preservation and maintenance of the property;

        (5) To recommend to the governing body programs and policies and economic incentives to encourage the preservation of significant historic landmarks and districts;

        (6) To prepare a comprehensive historic preservation plan, or a preservation element to a master plan, to integrate the preservation program into the local government for planning and zoning for land use, building and fire codes, special-use permits, community revitalization, and heritage tourism;

        (7) To participate in the conduct of land use, urban renewal and other city activities affecting landmarks and districts; and

        (8) To acquire by purchase, gift, or bequest, fee title or lesser interest, including preservation restriction or easements, in designated properties and adjacent or associated lands which are important for the preservation and use of the designated properties.

        3. Commission members should, to the extent available, be persons with demonstrated interest or expertise in historic preservation. Representatives of historical societies and residents of historic districts are encouraged as members.

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

        Local government may acquire and dispose of cemeteries within boundaries--authority to regulate--penalties. Mo. Rev. Stat. ß 214.010 (2009)

        Any town, city, village or county in the state of Missouri may purchase, receive and hold real estate within such city, town, village or county for the burial of the dead, and may lease, sell or otherwise dispose of the same. The council of such cities, towns and villages or county commissioners may make rules and pass ordinances or orders imposing penalties and fines not exceeding one thousand dollars, regulating, protecting and governing cemeteries within such cities, towns, villages, and counties, the owners of lots therein, visitors thereto, and punishing trespassers thereon.

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

        Law citation, state historic preservation act--state historic preservation officer to be director of natural resources, duties. Mo. Rev. Stat. ß 253.408 (2009)

        1. Sections 253.408 to 253.412 shall be known and may be cited as the "State Historic Preservation Act".

        2. The director of the department of natural resources is hereby designated as the state historic preservation officer. The state historic preservation office shall be located in the department of natural resources and shall be responsible for establishing, implementing, and administering federal and state programs or plans for historic preservation and shall have the following duties including, but not limited to:

        (1) Direct and conduct a comprehensive statewide survey of historic, archaeological, architectural, and cultural properties and maintain inventories of such properties;

        (2) Identify and nominate eligible properties to the National Register of Historic Places and otherwise administer applications for listing historic properties on the national register;

        (3) Prepare and implement a comprehensive statewide historic preservation plan;

        (4) Administer the state program of federal assistance for historic preservation within the state;

        (5) Administer historic preservation fund grants as mandated by the National Historic Preservation Act of 1966, as amended;

        (6) Provide public information, education and training, and technical assistance relating to the federal and state historic preservation programs;

        (7) Cooperate with local governments in the development of local historic preservation programs, and to assist local governments in becoming certified pursuant to the Historic Preservation Act of 1966, as amended;

        (8) Advise and assist federal and state agencies and local governments in carrying out their historic preservation responsibilities;

        (9) Cooperate with the National Advisory Council on Historic Preservation, federal and state agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development;

        (10) Administer the state unmarked human burial sites, as detailed in sections 194.400 to 194.410, RSMo;

        (11) Administer the historic preservation revolving fund, as detailed in sections 253.400 to 253.407; and

        (12) Cooperate with the department of economic development in administering the main street Missouri act, as detailed in sections 251.470 to 251.485, RSMo.

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

        Law citation, state historic preservation act--state historic preservation officer to be director of natural resources, duties. Mo. Rev. Stat. ß 253.408 (2009)

        1. Sections 253.408 to 253.412 shall be known and may be cited as the "State Historic Preservation Act".

        2. The director of the department of natural resources is hereby designated as the state historic preservation officer. The state historic preservation office shall be located in the department of natural resources and shall be responsible for establishing, implementing, and administering federal and state programs or plans for historic preservation and shall have the following duties including, but not limited to:

        (1) Direct and conduct a comprehensive statewide survey of historic, archaeological, architectural, and cultural properties and maintain inventories of such properties;

        (2) Identify and nominate eligible properties to the National Register of Historic Places and otherwise administer applications for listing historic properties on the national register;

        (3) Prepare and implement a comprehensive statewide historic preservation plan;

        (4) Administer the state program of federal assistance for historic preservation within the state;

        (5) Administer historic preservation fund grants as mandated by the National Historic Preservation Act of 1966, as amended;

        (6) Provide public information, education and training, and technical assistance relating to the federal and state historic preservation programs;

        (7) Cooperate with local governments in the development of local historic preservation programs, and to assist local governments in becoming certified pursuant to the Historic Preservation Act of 1966, as amended;

        (8) Advise and assist federal and state agencies and local governments in carrying out their historic preservation responsibilities;

        (9) Cooperate with the National Advisory Council on Historic Preservation, federal and state agencies, local governments, and organizations and individuals to ensure that historic properties are taken into consideration at all levels of planning and development;

        (10) Administer the state unmarked human burial sites, as detailed in sections 194.400 to 194.410, RSMo;

        (11) Administer the historic preservation revolving fund, as detailed in sections 253.400 to 253.407; and

        (12) Cooperate with the department of economic development in administering the main street Missouri act, as detailed in sections 251.470 to 251.485, RSMo.

        Designation of historic districts, structure or sites, certain counties, procedure--property owners must concur--not applicable to cities (Greene and Christian counties). Mo. Rev. Stat. ß 253.409 (2009)

        In any county of the first classification which contains a city with a population of one hundred thousand or more inhabitants which adjoins no other county of the first classification and in any county with a population of at least thirty-two thousand inhabitants which adjoins such a county, prior to the designation of any historic district, landmark, building, structure or site by any historic preservation officer, or by any county on the recommendation of any local historic preservation commission established pursuant to section 253.415, such historic preservation officer or the governing body of the county shall send notice to all owners of real property within any such district which is to be designated as a historic district or to all owners of real property whose property is to be designated as a historic landmark, building, structure or site in the manner prescribed in this section. Such notice shall be sent by registered mail at least fifteen days prior to the date of such designation and shall provide the property owner the right to approve or reject the proposed designation. If a majority of property owners within the proposed historic district object to the proposed designation, or if the owner of real property which is proposed to be designated as a historic landmark, building, structure or site objects to the proposed designation, the historic preservation officer or, in the case of a proposed local designation pursuant to section 253.412, the governing body of the county, shall not designate the historic district, landmark, building, structure or site unless and until a majority of such property owners of the proposed historic district or the owner of real property which is proposed to be designated as a historic landmark, building, structure or site withdraw their objections. The provisions of this section shall not apply to any city located within a county described in this section.

      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?

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

      11. What specific historic or cultural properties are regulated by the stateís historical commission?

        There are no specific historic or cultural properties assigned to the stateís historical commission, but there are a number of state parks with historic significance assigned to the department of natural resources, including:

        Confederate Memorial Park (Mo. Rev. Stat. ß 253.110 (2009))

        Thomas Hart Benton homestead memorial (Mo. Rev. Stat. ß 253.370 (2009))

        The Rice-Tremonti Home (Mo. Rev. Stat. ß 253.385 (2009))

  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?

        City may establish perpetual care cemetery fund--receive gifts--limitation on use of income from fund. Mo. Rev. Stat. ß 214.020 (2009)

        Any town, city or village in the state of Missouri which now owns or may hereafter acquire any cemetery, may by ordinance establish a fund for the preservation, care, upkeep and adornment of such cemetery, such fund to be known as "Perpetual Care Cemetery Fund", and may accept and acquire by gift or donation, money or funds to be placed to the credit of such perpetual care cemetery fund. Such town, city or village may also deposit in such fund a portion of the income derived from the sale of lots in such cemetery as shall be determined by ordinance of such town, city or village. Such moneys and funds so placed in such perpetual care cemetery fund shall be invested from time to time in bonds of the United States government or of the state of Missouri, or may be placed in any bank or savings and loan association which is authorized to do business in this state so long as the funds so deposited are* protected by federal deposit insurance. The income therefrom shall be expended by such town, city or village for the preservation, care, upkeep and adornment of such cemetery, for the repurchasing of cemetery lots previously sold, and for no other purpose whatsoever. The principal of said perpetual care cemetery fund shall not be encroached upon for any purpose whatsoever and no money shall be transferred out of such perpetual care cemetery fund except for the purposes of being invested as provided for in this section and for the repurchasing of cemetery lots previously sold. The city council of the various towns, cities or villages which shall establish such perpetual care cemetery fund shall by ordinance accept any gift or donation to such fund, and shall by said ordinance direct the treasurer of said town, city or village to place such money or funds to the credit of such perpetual care cemetery fund. Such city council shall have all the necessary authority by ordinance to invest such funds as provided for in this section.

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

        Purpose of fund--administration. Mo. Rev. Stat. ß 253.402 (2009)

        For the purpose of protecting and preserving the historic properties of this state, there is hereby created a "Historic Preservation Revolving Fund" to be administered by the department of natural resources. All expenses incurred in the acquisition of and all revenues received from the disposition of property as provided in sections 253.400 to 253.407 shall be paid for out of and deposited in the historic preservation revolving fund. Any moneys appropriated and any other moneys made available by gift, grant, bequest, contribution or otherwise to the department to carry out the purpose of sections 253.400 to 253.407, and all interest earned on, and income generated from, moneys in the fund shall be paid to, and deposited in, the historic preservation revolving fund.

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

        Property placed in trust for benefit of cemeteries. Mo. Rev. Stat. ß 214.140 (2009)

        It shall be lawful for any grantor, devisor, donor or trustee to give, grant, devise, bequeath or place in trust any real or personal property, or the income therefrom, for the use and benefit of any public or private cemetery in this state or for the grading, seeding, sodding, mowing, or otherwise maintaining, improving or beautifying of any grave, lot, stone, monument or mausoleum in any such cemetery, and any person, association or corporation duly authorized and capable of qualifying as trustee is hereby authorized and empowered to receive and hold any such real or personal property, or the income therefrom, and expend the same for any or all such uses and purposes, under the terms and conditions of any such gifts, grant, devise, bequest or trust.

        County commissions shall become trustees and custodians. Mo. Rev. Stat. ß 214.150 (2009)

        The county commissions of the respective counties of this state shall become trustees and custodians of any fund or funds which may be created by any person or persons, firm or corporation, for the purpose of maintaining in part or in whole any public or private cemetery in their respective county. When a gift or bequest is made to said county commission they shall accept the same upon the terms and conditions of said gift or bequest and administer said trust fund as herein provided and make report to the circuit court annually showing in detail the manner in which said trust fund or funds have been managed.

        Shall invest or loan trust funds. Mo. Rev. Stat. ß 214.160 (2009)

        The county commission shall invest or loan said trust fund or funds only in United States government, state, county or municipal bonds, or first real estate mortgages or deeds of trust. They shall use the net income from said trust fund or funds or so much thereof as is necessary to support and maintain and beautify any public or private cemetery or any particular part thereof which may be designated by the person, persons or firm or association making said gift or bequest. In maintaining or supporting the cemetery or any particular part or portion thereof the commission shall as nearly as possible follow the expressed wishes of the creator of said trust fund.

        May designate responsible organization or individual to administer the income. Mo. Rev. Stat. ß 214.170 (2009)

        Any responsible organization or individual, who is directly interested in a particular cemetery, who is willing to undertake the administration of the income from all trusts and gifts to this particular cemetery shall be designated by the commission to administer the said income and shall make an annual report to the commission. Any time the organization or individual so appointed fails to maintain and beautify said cemetery in keeping with the income, the commission shall appoint some other organization or individual to administer the aforesaid income. Where there is no responsible organization or individual, that is willing to undertake the administration of the said income from the trusts or gifts to any particular cemetery, the commission shall administer same, or appoint some organization or individual, who is responsible to administer the same, making the said annual report to the commission. The commission shall retain five percent of the incomes from all trusts and gifts to create a fund to reimburse any trust or gift which has a loss. The commission shall have authority to increase or decrease the said five percent as may be necessary to keep all trusts and gifts intact.

        Shall keep record of receipts and disbursements. Mo. Rev. Stat. ß 214.180 (2009)

        The clerk of the commission shall keep in a separate record book all receipts and disbursements of each and every trust fund or funds and a detailed account of the management of the same.

      4. How are state historic archives maintained?

        We are unable to locate information relevant to this question at this time. This would appear to be under the authority of the state natural resources department.

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

        Property, interest limited to estate, or term necessary to preserve and protect. Mo. Rev. Stat. ß 253.404 (2009)

        Any interest in property acquired using the moneys in the historic preservation revolving fund shall be limited to that estate, agency, interest or term deemed by the department to be reasonably necessary for the continued protection or preservation of the property. The moneys in this fund may be used to acquire the fee simple title, but where the department finds that a lesser interest, including any development right, negative or affirmative easement in gross or appurtenant covenant, lease or other contractual right of or to any real property to be the most practical and economical method of protecting and preserving historical property, the lesser interest may be acquired.

        Sale or lease of acquired property subject to restrictions--reversion clause. Mo. Rev. Stat. ß 253.405 (2009)

        The department, using moneys from this fund, may acquire or, in the case of property on which moneys from this fund have been expended, dispose of the fee or lesser interest to any historic property, including adjacent and associated lands, for the specific purpose of conveying or leasing the property back to its original owner or to any such other person, firm, association, corporation or other organization under such covenants, deed restrictions, lease or other contractual arrangements as will limit the future use of the property in such a way as to insure its preservation. In all cases where property on which money from this fund has been expended is conveyed or leased, it shall be subjected by covenant, or otherwise, to such rights of access, public visitation and other conditions as may be agreed upon between the department and the grantee or lessee to accomplish the purpose of this section. Any conveyance or lease shall contain a reversion clause providing that, in the event the historic property is not operated, maintained, restored and repaired in accordance with the provisions of this section or in such a way as to insure its preservation, title and control of such property shall immediately revert to and vest in the governor.

      6. What funding exists for state historical education efforts?

        The state department of natural resources is assigned to administer the state historical preservation fund (see Mo. Rev. Stat. ß 253.402 (2009),) and one of the duties of the state historical preservation office is to educate the public about federal and state historic preservation programs:

        Law citation, state historic preservation act--state historic preservation officer to be director of natural resources, duties. Mo. Rev. Stat. ß 253.408 (2009)

        2. The director of the department of natural resources is hereby designated as the state historic preservation officer. The state historic preservation office shall be located in the department of natural resources and shall be responsible for establishing, implementing, and administering federal and state programs or plans for historic preservation and shall have the following duties including, but not limited to:

        (6) Provide public information, education and training, and technical assistance relating to the federal and state historic preservation programs;

      7. What funding exists for state museumsí scientific services?

        Authorized purposes of a [museum] district--district is a political subdivision--limitation on names of structures. Mo. Rev. Stat. ß 184.810 (2009)

        1. A [museum] district may be created to fund, promote, plan, design, construct, improve, maintain and operate one or more projects relating to a museum or to assist in such activity.

        2. A [museum] district is a political subdivision of the state.

        3. No structures operated by a museum district board pursuant to sections 184.800 to 184.880 shall be named for a commercial venture.

        Funding, authority to receive and expend--appropriations. Mo. Rev. Stat. ß 184.840 (2009)

        1. A district may receive and use funds for the purposes of planning, designing, constructing, reconstructing, maintaining and operating a museum, conducting educational programs in connection therewith for any public purpose which is reasonably connected with the museum and for any other purposes authorized by sections 184.840 to 184.880. Such funds may be derived from any funding method which is authorized by sections 184.800 to 184.880 and from any other source, including but not limited to funds from federal sources, the state of Missouri or an agency thereof, a political subdivision of the state or private sources.

        2. The general assembly may annually for a period of twenty years after July 7, 1997, make appropriations from general revenue to a district which is created pursuant to the provisions of sections 184.800 to 184.880.

        A museum district may also acquire funding through a museum district sales tax (see Mo. Rev. Stat. ß 184.845 (2009).)

    2. Special Funding for Public Lands

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

        City may establish perpetual care cemetery fund--receive gifts--limitation on use of income from fund. Mo. Rev. Stat. ß 214.020 (2009)

        Any town, city or village in the state of Missouri which now owns or may hereafter acquire any cemetery, may by ordinance establish a fund for the preservation, care, upkeep and adornment of such cemetery, such fund to be known as "Perpetual Care Cemetery Fund", and may accept and acquire by gift or donation, money or funds to be placed to the credit of such perpetual care cemetery fund. Such town, city or village may also deposit in such fund a portion of the income derived from the sale of lots in such cemetery as shall be determined by ordinance of such town, city or village. Such moneys and funds so placed in such perpetual care cemetery fund shall be invested from time to time in bonds of the United States government or of the state of Missouri, or may be placed in any bank or savings and loan association which is authorized to do business in this state so long as the funds so deposited are* protected by federal deposit insurance. The income therefrom shall be expended by such town, city or village for the preservation, care, upkeep and adornment of such cemetery, for the repurchasing of cemetery lots previously sold, and for no other purpose whatsoever. The principal of said perpetual care cemetery fund shall not be encroached upon for any purpose whatsoever and no money shall be transferred out of such perpetual care cemetery fund except for the purposes of being invested as provided for in this section and for the repurchasing of cemetery lots previously sold. The city council of the various towns, cities or villages which shall establish such perpetual care cemetery fund shall by ordinance accept any gift or donation to such fund, and shall by said ordinance direct the treasurer of said town, city or village to place such money or funds to the credit of such perpetual care cemetery fund. Such city council shall have all the necessary authority by ordinance to invest such funds as provided for in this section.

        City may acquire money or funds, how. Mo. Rev. Stat. ß 214.230 (2009)

        Every such city, so acquiring any such cemetery lands or shares and control of such cemetery corporation or association, may likewise at the same time, or at any other time, accept and acquire by gift or donation money or funds, the income thereof, and so much of the principal as the donor may by express terms of the gift provide or permit shall be expended for the preservation, care, upkeep and adornment of such lands. Such moneys and funds for income purposes shall be invested from time to time in interest-bearing bonds of the same classes or kinds, and by the same city officials, as such city's bond sinking funds are or may be directed by law to be invested; and the principal sums thereof, except as permitted by the donor as aforesaid, shall be preserved and kept for income purposes. If such income revenue should prove insufficient to provide for the reasonable care and upkeep of the land which, or the control of which, may be so acquired, the city shall have power to provide therefor from its general revenue.

    3. Special Funding for Private Lands

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

        County commission and incorporated cemetery company to receive grants and bequests in trust. Mo. Rev. Stat. ß 214.130 (2009)

        It shall be lawful for the county commission of any county in which any family burying ground or cemetery, conveyed as aforesaid to said commission, is situated, to take and hold any grant or bequest of money or bonds of the United States, or of this state, or of such county, in trust, and to apply the same or the income thereof for the improvement of any such family burying ground or cemetery, or any portion thereof, or in the erection, extension, adornment or preservation of any tomb, monument, vault or grave, within such burial ground or cemetery, according to the terms of any such grant or bequest, but for no other use, trust or purpose whatever; and every incorporated cemetery company is also hereby authorized and empowered to take and hold any like grant or bequest in trust, and to apply the same, or the income thereof, under the direction of the board of trustees or directors of such cemetery company, for the improvement of such cemetery, or any portion thereof, or in the erection, extension, adornment or preservation of any tomb, monument, vault or grave within such cemetery, according to the terms of any such grant or bequest, but for no other use, trust or purpose whatever. Any court having equity jurisdiction within the county in which such family burying ground or cemetery is situated, shall have power and it shall be its duty to compel the performance of any such trust upon the application of any person whatever.

  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?

        We are unable to locate recognition by the state of any specific tribe, although the statutes make numerous mentions of ìIndians.î While no tribes are recognized by statute, the Northern Cherokee tribe has been recognized by gubernatorial proclamation.

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

        No, there are no federally-recognized tribes in Missouri. For a complete list, see http://www.ncsl.org/?tabid=13278#fed.

    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?

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

    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?

        State historic preservation officer, reinterment, duties--consultation with unmarked human burial consultation committee, when. Mo. Rev. Stat. ß 194.408 (2009)

        Whenever an unmarked human burial or human skeletal remains are reported to the state historic preservation officer, the state historic preservation officer shall proceed as follows:

        (1) Insofar as possible, the state historic preservation officer shall make reasonable efforts to identify and locate persons who can establish direct kinship with or descent from the individual whose remains constitute the burial. The state historic preservation officer, in consultation with the most closely related family member, shall determine the proper disposition of the remains;

        (2) When no direct kin or descendants can be identified or located, but the burial or remains can be shown to have ethnic affinity with living peoples, the state historic preservation officer in consultation with the leaders of the ethnic groups having a relation to the burial or remains shall determine the proper disposition of the remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year;

        (3) When the burial or remains cannot be related to any living peoples, the state historic preservation officer, in consultation with the unmarked human burial consultation committee, shall determine the proper disposition of the burial or remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year unless otherwise and to the extent determined by the committee;

        (4) Notwithstanding subdivisions (2) and (3) of this section the state historical preservation officer may seek approval from the unmarked human burial consultation committee to delay reinterment of the remains for an additional scientific study in a facility chosen by the state historic preservation officer. If the study is approved by the committee reinterment shall be delayed for a period as specified by the committee.

      2. How are Indian sacred sites regulated?

        Indian cemeteries, how established--trust fund authorized. Mo. Rev. Stat. ß 214.450 (2009)

        Any native American group which is comprised of persons who are members of an Indian organization recognized by the United States pursuant to P.L. 93-638; 95-608, which desires to secure a tribal or group burial ground or cemetery on lands owned by such group or tribe may designate any quantity of that land for that purpose, and such grounds shall be established, maintained, and held in perpetuity as burial grounds or cemeteries for the use and benefit of the descendents of the group or tribe making such a designation. Such group shall not be required to convey title to such lands to the county commission to be held in trust pursuant to section 214.090. Such group may establish a trust fund for the benefit of such cemeteries or burial grounds pursuant to section 214.140.

        We are unable to locate information regarding Indian sacred sites other than cemeteries at this time.

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

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

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

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

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

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

      6. Is there a state Indian cultural heritage commission?

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

    6. Special Funding

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

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

All citations refer to the Missouri Revised Statutes (2009), which can be accessed in its entirety at http://www.moga.mo.gov/STATUTES/STATUTES.HTM.


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