Excerpted from the 10/22/2001 minutes of the NATURAL RESOURCES STUDY COMMITTEE, which met in Spencer, Indiana (on-line in their entirety at http://www.ai.org/legislative/interim/committees/nrsc.html ): Issue: Cemeteries; DNR Report & Moving of Pioneer Cemeteries ================================================== Chairman Lytle presented a petition signed by more than 2,000 people. The petition states that pioneer cemeteries should not be portable and that it should not be a simple process to move one. The document will be filed with Legislative Services Agency (LSA). Jeannie Regan-Dinius, DNR Cemetery Registry Coordinator, in response to a request from the Committee, reported on progress in the cemetery registry program established under the recently revised cemetery law. She distributed to the Committee a document entitled "Indiana's Statewide Cemetery and Burial Grounds Registry" (Exhibit B). Ms. Regan-Dinius reported that 125,000 burial sites exist in Indiana. DNR partners with local and national groups to assist in the registry work. The goal is by next spring to have a group in all counties partnered with DNR and to have information in Indianapolis on cemeteries in all counties. Ten counties now have cemetery commissions, but most are inactive with no funds. The creation of new cemetery commissions is pending in several counties. The best way that a person can boost local registry work is to contact and work with the local historical society. For problems discovered with abandoned cemeteries, ask a Conservation Officer to investigate the situation. If you find an old cemetery, call Ms. Regan-Dinius, and she will tell you what actions you can take to have it registered and preserve its artifacts. Marsh Davis, Historic Landmarks Foundation (HLF), stated that HLF is pleased with the work that DNR is doing on the cemetery registry project. The goal, once the data is collected, is to hold a statewide symposium on preservation. HLF welcomes partnership with DNR on the registry project. Chairman Lytle presented a document entitled "Cemetery Restoration Workshop, October 6, 2001, Madison, Indiana" (Exhibit C). He stated that the legislature dealt with the cemetery issue in the last few sessions and has made inroads in the problem. However, this work needs to continue. Dan Mathis, DNR, stated that there are three ways to move a cemetery: (1) court order; (2) state department of health (DOH) permit; or (3) DNR permit from the Division of Historic Preservation and Archeology (DHPA). A DOH permit is used to move one grave and requires permission of the landowner and the decedent's spouse or parent (of deceased child). Ms. Regan-Dinius stated that a DNR permit to excavate a cemetery was granted only once for a project near the Indianapolis airport. Lois Mauk, State Coordinator, Indiana Pioneer Cemetery Restoration Project, distributed a document entitled "How Difficult Is It to Move a Pioneer Cemetery in Indiana?" (Exhibit D). She stated that six cemeteries in two counties are in danger of being moved since January of this year. The problem is that it is just too simple for developers to get a court order to move these cemeteries. There is also the issue of who owns the land if the cemetery plot is an exemption from the developer's deed to the property. Right now, the information that must be filed to get a court order varies by county. If statute required the filing of certain information, the protection of cemeteries would be improved. This information (from page 17 of Exhibit D) is: owner of the cemetery property; current survey of the property; publication of legal notice of intent to disinter; verification of tax status of the property; acquiescence of the township trustee; disinterment plan prepared by a qualified archeologist; date of last known burial; record of all known stones and markers; and approval of the plan by DNR DHPA. A post-disinterment report should also be required to be filed with the county recorder. Current law does not require a professional to be present on site when a cemetery is disinterred. A funeral director is required on site for a reinterment. Ms. Mauk would like the process of moving a cemetery to be so burdensome that other alternatives are considered. John Molitor, HLF, stated that the situation is disgraceful. As a starting point, a DNR variance should be required to move a cemetery. There was discussion of various remedies, including removing the court from the process, requiring denial of a DNR variance application before going to court, or appointing someone (perhaps the township trustee) to speak for the "decedents in need of services". DNR representatives stated that it does not have the resources to review all developers' requests to move cemeteries. The Committee agreed that cemetery removal is a problem, but do not at this time have a solution. Members will work on this issue during the [upcoming Legislative] session. # # # END OF EXCERPT # # #