-IR- Database Guide
-IR- Database: Indiana Register

TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule
LSA Document #10-59(F)

DIGEST

Adds 312 IAC 22-4 to govern licenses for activities in cemeteries to probe for fallen grave memorials, to recover grave memorials, and to restore them. Effective 30 days after filing with the Publisher.



SECTION 1. 312 IAC 22-4 IS ADDED TO READ AS FOLLOWS:

Rule 4. Expedited License for a Qualified Cemetery Restoration Project


312 IAC 22-4-1 Application

Authority: IC 14-10-2-4; IC 14-21-1-31
Affected: IC 14-21-1


Sec. 1. (a) This rule provides an expedited licensure process for cemetery restoration.

(b) A person who qualifies for and complies with this rule is not required to obtain approval of a plan under 312 IAC 21-3-3 or a permit under 312 IAC 22-2-3.

(c) A license is not available under this rule for either of the following:
(1) A cemetery that is part of a historic site or historic structure owned by the state.
(2) A project that includes activities other than cemetery restoration.
(Natural Resources Commission; 312 IAC 22-4-1; filed Jan 5, 2011, 3:12 p.m.: 20110202-IR-312100059FRA)


312 IAC 22-4-2 Additional definitions

Authority: IC 14-10-2-4; IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1


Sec. 2. (a) The definitions in this section are in addition to those in IC 14 and 312 IAC 1 and apply throughout this rule.

(b) "Cemetery" means any land or structure in Indiana that is:
(1) dedicated to; and
(2) used for, or intended to be used for;
the internment, entombment, or inurnment of humans [sic] remains.

(c) "Cemetery restoration" refers to the following:
(1) Probing the ground of a cemetery.
(2) Recovering, restoring, and resetting a fallen grave memorial.

(d) "Grave memorial" refers to a gravestone, monument, grave marker, or any other type of similar item that is located in a cemetery and used to mark the burial of human remains.

(e) "Probing" means inserting an object into the ground, to a depth not greater than six (6) inches, for the purpose of locating a fallen grave memorial in a cemetery.
(Natural Resources Commission; 312 IAC 22-4-2; filed Jan 5, 2011, 3:12 p.m.: 20110202-IR-312100059FRA)


312 IAC 22-4-3 Application for cemetery restoration license

Authority: IC 14-10-2-4; IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1


Sec. 3. (a) A person who wishes a cemetery restoration license must submit a written application to the division.

(b) The applicant must provide the division with the following:
(1) The location of the cemetery. An applicant must not include more than one (1) cemetery in a license application.
(2) A document from the cemetery owner showing permission to provide cemetery restoration.
(3) If land owned by a person other than the owner of the cemetery would be crossed to access the cemetery, a document showing permission to perform the crossing.
(4) Who would be the coordinator of the cemetery restoration.
(5) Any other information reasonably required by the division form referenced in subsection (a).
(Natural Resources Commission; 312 IAC 22-4-3; filed Jan 5, 2011, 3:12 p.m.: 20110202-IR-312100059FRA)


312 IAC 22-4-4 Identification of a permanent visible boundary for a cemetery

Authority: IC 14-10-2-4; IC 14-21-1-31
Affected: IC 14-9; IC 14-21-1


Sec. 4. For a cemetery, which is not marked by a permanent visible boundary, the division may require an applicant to identify the boundary as a condition for approval of a cemetery restoration. The applicant may use land records, surveys, historical records, and any other relevant sources to help identify the boundary.
(Natural Resources Commission; 312 IAC 22-4-4; filed Jan 5, 2011, 3:12 p.m.: 20110202-IR-312100059FRA)


312 IAC 22-4-5 Qualification as coordinator

Authority: IC 14-10-2-4; IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1


Sec. 5. (a) The division shall establish minimum training standards that a coordinator of a project for cemetery restoration must meet. Those standards shall include successful completion of training in the appropriate techniques for each of the following:
(1) Probing in a cemetery to locate a fallen grave memorial.
(2) Recovering a fallen grave memorial.
(3) Restoring a fallen grave memorial.
(4) Resetting a grave memorial in the cemetery.

(b) "The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for the Treatment of Cultural Landscapes*" (U.S. Department of the Interior, National Park Service, 1996) is the professional guide for training a coordinator.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or is available for review and copying at the Indiana Department of Natural Resources, Division of Historic Preservation and Archaeology, Indiana Government Center South, Room 274, 402 West Washington Street, Indianapolis, Indiana 46204.

(c) A person who does not satisfy the minimum standards set forth in this section cannot serve as a coordinator under this rule.
(Natural Resources Commission; 312 IAC 22-4-5; filed Jan 5, 2011, 3:12 p.m.: 20110202-IR-312100059FRA)


312 IAC 22-4-6 Approval of cemetery restoration license

Authority: IC 14-10-2-4; IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1


Sec. 6. (a) The division may issue a written license to a coordinator for a project for cemetery restoration that satisfies this rule. The license shall require compliance with this rule and may include special conditions if otherwise needed for compliance with IC 14-21-1.

(b) Except as provided in this subsection, a license issued under subsection (a) expires one (1) year after issuance. The division may, on one (1) occasion, renew a license under subsection (a) for a period not longer than one (1) year.
(Natural Resources Commission; 312 IAC 22-4-6; filed Jan 5, 2011, 3:12 p.m.: 20110202-IR-312100059FRA)


312 IAC 22-4-7 Reports after project completion

Authority: IC 14-10-2-4; IC 14-21-1-25; IC 14-21-1-31
Affected: IC 14-21-1


Sec. 7. (a) The coordinator must submit a report to the division within sixty (60) days of the earlier of the following events:
(1) Completion of the project for cemetery restoration.
(2) The expiration of a license, including any period of license renewal, under section 6(b) of this rule.

(b) The report must include each of the following:
(1) A summary of the work conducted.
(2) Documentation for grave memorials that were recovered or restored.
(3) A map showing the location of any work.
(4) Other information if required by a license issued under section 6 of this rule.

(c) The division shall review the report and inform the coordinator whether the:
(1) work described meets the standards of the division; and
(2) report is complete and acceptable.

(d) The division may issue a license to the coordinator for another project or projects for a cemetery restoration, if the division informs the coordinator that the work described in a project report:
(1) meets the standards of the division; and
(2) is complete and acceptable.

(e) Except as provided in subsection (f), the division shall not issue another license to a coordinator under this rule if a coordinator does not submit a report as required by any of the following:
(1) Subsection (a).
(2) During the periods of their effectiveness:
(A) SECTION 7(a) of LSA Document #08-899(E); and
(B) SECTION 7(a) of LSA Document #09-773(E).

(f) The division may issue another license for a cemetery restoration, if a report is submitted after the periods described in subsection (e), and the division determines the delinquent submission of the report did not cause significant harm.
(Natural Resources Commission; 312 IAC 22-4-7; filed Jan 5, 2011, 3:12 p.m.: 20110202-IR-312100059FRA)


LSA Document #10-59(F)
Notice of Intent: 20100203-IR-312100059NIA
Proposed Rule: 20100825-IR-312100059PRA
Hearing Held: September 27, 2010
Approved by Attorney General: December 9, 2010
Approved by Governor: December 23, 2010
Filed with Publisher: January 5, 2011, 3:12 p.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: James A. Glass, Ph.D., Director, Division of Historic Preservation and Archaeology, Department of Natural Resources, 402 West Washington Street, Room W274, Indianapolis, IN 46204, (317) 232-3492, jglass@dnr.in.gov

Posted: 02/02/2011 by Legislative Services Agency

DIN: 20110202-IR-312100059FRA
Composed: Oct 31,2014 12:59:11AM EDT
A PDF version of this document.