DIRECTOR'S ORDER #61: NATIONAL CEMETERY OPERATIONS
Approved: _________________________
Director
Effective Date: ________________
Sunset Date: __________________
Contents
1. Background and Purpose
2. Authority and Related Guidance
3. Management Policies
4. Requirements and Instructions
5. Responsibilities of Officials
_____________________________________
[Send comments on this draft to Michael Evans via e-mail (michael_evans@nps.gov) by no later than January 15, 2003]
NPS-61, "National Cemeteries" is replaced by this Director's Order and related reference manual. This Director's Order applies to national cemeteries, but does not apply to family cemeteries, historic cemeteries, individual gravesites, or unmarked graves, the policies for which are included in Sections 5.3.4, 6.3.8, and 8.6.10 of NPS Management Policies.
I. Background and Purpose
Since 1933 the National Park Service has managed 14 national cemeteries: Andersonville, Andrew Johnson, Antietam, Battleground, Chalmette, Custer Battlefield, Fort Donelson, Fredericksburg, Gettysburg, Poplar Grove, Shiloh, Stones River, Vicksburg, and Yorktown. These cemeteries represent a continuum of use dating to a period prior to the establishment of the historical parks of which they are an integral part. The cemeteries are administered to preserve the historic character, uniqueness, and solemn nature of both the cemeteries and the historical park. In some cases, active interment of deceased veterans and their dependents continues at these cemeteries, as long as the historic uniqueness, character, and dignity of the national cemeteries and the historical park are not compromised.
The purpose of this Director's Order is to supplement section 8.6.10.1 of Management Policies and set forth additional policy and procedures by which the NPS will preserve and administer the national cemeteries for which the NPS is responsible. The policy and procedures contained herein are consistent with national cemetery regulations published at 36 CFR 12.
II. Authority and Related Guidance
Authority to issue this Director's Order is contained in the NPS Organic Act (16 U.S.C. 1 through 4), and in delegations of authority found in Part 245 of the DOI Manual. Other specific authorities and requirements governing NPS administration of national cemeteries are found in 36 CFR 12 (National Cemetery Regulations), the National Cemeteries Act of 1973, and policies issued by the National Cemetery Administration within the Department of Veterans Affairs.
III. Management Policies
National cemeteries are addressed in section 8.6.10.1 of NPS Management
Policies:
"All national cemeteries administered by the National Park Service will be managed as historically significant resources, and as integral parts of larger historical parks. Burials in national cemeteries will be permitted, pursuant to applicable regulations, until available space has been filled. The management and preservation of national cemeteries are subject to the provisions of the National Cemeteries Act of 1973; NPS 'National Cemetery Regulations' (36 CFR Part 12); and Director's Order #61: National Cemeteries.
"The enlargement of a national cemetery for additional burials constitutes a modern intrusion, compromising the historical character of both the cemetery and the historical park, and will not be permitted."
IV. Requirements and Instructions
4.1 Operations and Maintenance of National Cemeteries as Cultural
Resources
National cemeteries encompass all types of cultural resources, including
sites, landscapes, structures, objects, and archival and collections items.
The operation and maintenance of national cemeteries will follow NPS policy
and guidance for all types of cultural resources present at the national
cemeteries. These cultural resources will be identified and documented
through appropriate reports such as Historic Resource Studies, Cultural
Landscape Reports, and National Register nominations. In addition, each
national cemetery will have its own legislative and administrative history.
Cultural resource preservation policies found in chapter 5 of NPS Management
Policies, and guidelines found in NPS-28 will be used to preserve and
manage identified cultural resources.
4.2 General Provisions
National cemeteries will be administered in order to preserve the historical
character, uniqueness, and dignity of the cemeteries and the historical
parks of which they are a part. To provide for visitor access, the cemeteries
will be open daily throughout the year, with operating hours prominently
posted. Visitors should be encouraged to conduct themselves in a manner
befitting the solemn and dignified nature of the national cemeteries.
Visitors should not be allowed to litter, disturb or damage natural and
cultural resources, solicit funds, engage in commercial activities, distribute
printed matter, or otherwise engage in disruptive and disorderly activities.
Superintendents are encouraged to make visitor conduct standards available
to the public.
Superintendents will designate the types of containers and the times floral
arrangements may be placed on the graves, in accordance with 36 CFR 12.10.
Floral guidelines in Reference Manual #61 should provide for efficient
maintenance operations, protection of the resources, and acknowledgement
of the needs of the next of kin.
4.3 Eligibility for Interment in National Park Service Administered
National Cemeteries
The superintendent is responsible for determining eligibility, in accordance
with Federal statutory law, for interment in NPS administered cemeteries.
Interment will be permitted once eligibility has been conclusively established.
4.4 Interment Facilities and Services Provided
Services and facilities furnished without charge will include the opening
and closing of the grave. All other services normally associated with
interment are the responsibility of the next-of-kin to arrange with the
funeral director, although the Service may provide grave liners where
required by State or local law.
4.5 Pre-interment Actions and Related Matters
Superintendents will schedule the date and hour of all interments in the
national cemeteries upon receipt of a request for interment. Interments
will not normally occur on weekends and holidays. Gravesite assignments
will be made by the superintendents in accordance with the National Cemetery
Administration policy restrictions regarding one gravesite per family,
and in keeping with the approved interment plan for burial sections in
the national cemeteries. Burial permits are required in accordance with
the laws and regulations of the State and municipality within whose boundaries
the national cemetery is located. A member of the armed forces who dies
while on active duty may be interred prior to receipt of a burial permit.
4.6 The Interment
Superintendents are responsible for ensuring that each funeral and interment
is conducted with maximum efficiency and without sacrificing any of the
dignity and reverence accorded to the ceremony. All cemetery operations
within the vicinity of the gravesite will be suspended until after the
service is completed and the funeral party has left the area. The superintendent
or a representative will attend each funeral to render assistance to the
funeral party. It is the responsibility of the superintendent or the designated
representative to make sure the flag is presented to the person representing
the next-of-kin.
Graves will be closed as soon as practical after the interment service
and before the close of business. Remains should be attended until the
grave is closed. The superintendent is responsible for ensuring the grave
is temporarily marked immediately after closing.
Following interment, the grave will be recorded in the cemetery records,
which may include the Interment Register (VA Form 40-04982) and the Record
of Interment (VA Form 40-4956), or some other systematic format appropriate
to each cemetery's needs.
4.7 Cremated Remains and Group Burials
Cremated remains may be scattered in national cemeteries in conformance
with applicable State and Federal law and regulations. Group burials of
military personnel will follow National Cemetery Administration policy.
4.8 Disinterments and Directed Exhumations
Interments in national cemeteries are considered to be permanent and final.
Disinterment and removal of remains are seldom permitted, and then only
for the most compelling reasons. Prior approval of the superintendent
is required before any disinterment can be made. Authorized disinterments
will be accomplished at no cost to the NPS. The superintendent will establish
a fee designed to recover the costs associated with supervising and administering
a disinterment, including the costs of opening and closing the grave and
redressing any disturbed graves or headstones.
A "directed exhumation" is the disinterment of remains from a national cemetery gravesite ordered by a Federal or State court of competent jurisdiction. Directed exhumations are usually ordered for purposes of an autopsy or other forensic reason. Usually the remains are returned for interment in the national cemetery. All Federal and State orders directing exhumation will be honored and, when possible, the directed exhumation will be accomplished without cost to the NPS.
4.9 Headstones, Markers, and Commemorative Monuments
Operational policy and procedural guidance for headstones and markers
is included in VA Manual M40-3 (Headstones and Markers). In accordance
with the VA guidance, each new grave in NPS administered national cemeteries
will be marked with a government-furnished headstone or marker. Private
headstones are generally not permitted because of conflict with the historic
character of the cemeteries. Private headstones and markers may be approved
only by the Director, and only in national cemetery burial sections in
which private headstones and markers were authorized as of January 1,
1947.
Memorial headstones or markers used to commemorate any veteran whose
remains (1) have not been recovered or identified, (2) were buried at
sea, (3) were donated to science, or (4) were cremated and the remains
scattered may be approved only in accordance with VA policy (VA Form 40-1330).
Memorial headstones will be placed according to the customs of the cemeteries.
Commemorative monuments may be erected only with the prior approval of
the Director upon request by the deceased's next-of-kin, and only when
it will be done at no cost to the NPS. Commemorative monuments must conform
to the type, size, materials, design, and specifications prescribed for
the historic design of the cemetery section in which it is proposed for
installation. The commemorative monument may not bear an inscription that
includes the name of the person or persons responsible for its purchase
or installation.
4.10 Ceremonies and Special Events
In compliance with Federal regulation (36 CFR 12.4),conducting a special
event or demonstration, whether spontaneous or organized, is prohibited
except for official commemorative events conducted for Memorial Day, Veterans
Day, and other dates designated by the superintendent as having special
historic and commemorative significance to a particular national cemetery.
Committal services are excluded from this restriction.
4.11 Flags
Established procedures and protocols for displaying the United States
flag are outlined in Reference Manual #61.
It is the responsibility of the National Cemetery Administration to provide
a United States flag to drape the casket of the deceased. These flags
may be obtained from National Cemetery Administration offices and U.S.
Post Offices throughout the United States with the submission of VA Form
60-2008.
Superintendents may authorize the placement of small U.S. flags on each
grave in honor of Memorial Day. These flags must be removed as soon as
possible following Memorial Day.
In national cemeteries located in States which officially set aside a
specific date as Confederate Memorial Day, the superintendent may permit
a sponsoring group to decorate the graves of Confederate veterans with
small Confederate flags. These flags will be removed from the graves as
soon as possible following the designated Confederate Memorial Day. The
acquisition and placement of these flags will be at no cost to the National
Park Service.
V. Responsibilities of Officials
The Associate Director for Park Planning, Facilities and Lands will issue a Reference Manual #61 to address other established procedures and protocols applicable to national cemeteries under the administration of the NPS.
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