Navajo Nation burial and cemetery regulations approved

TSE BONITO, N.M. — The Navajo Nation Council Resources and Development Committee passed legislation Feb. 14 historically approving the Navajo Nation Burial and Cemetery regulations.

The passage of Legislation 0029-24 is a step forward in the governance of burial procedures for the Navajo people, giving regulations for actions surrounding burials and cemeteries.

“This is a sensitive topic that is both personal and critical to our people. In formalizing these regulations, the Committee had to acknowledge the importance of applying and incorporating traditional principles,” said RDC Chairwoman Brenda Jesus (Oaksprings, St. Michaels). “We also had to apply regulations and guidance to current burial practices to empower our chapters when assisting our community members during these times of need.”

The legislation addresses the designation of sites, possible expansion, maintenance standards, burial and cemetery policies, roadside memorials, cremation, prohibited behaviors and penalties.

Key regulations outlined in the legislation are as follows:

Burial and cemetery expansion on Navajo Nation lands must receive proper authorization, necessitating approval by the Navajo Land Withdrawal Designation Regulations and/or an approved lease for all new cemeteries or expansions.

Family plot cemeteries are forbidden on Navajo Nation Trust Land; however, existing burials are exempted from this prohibition. Nonetheless, future burials at existing Family Plot Cemeteries are prohibited.

Maintenance of all cemeteries is mandated, requiring efficient management and adequate roadway and entrance for vehicles, including funeral hearses. Additionally, specific times must be designated when individuals are prohibited from entering cemetery grounds.

Cremation and the dispersal of cremated remains/human ashes anywhere on the Navajo Nation are prohibited, with burial in a durable urn being the permissible alternative.

The possession of firearms is strictly prohibited, except for military services sanctioned by the Navajo Division of Veteran Affairs.

Chapters are tasked with developing burial plots through their Community Land Use Plans, subject to approval by the RDC. While chapters may levy fees for cemetery plots, these fees must not exceed $150. Revenue generated from fees is earmarked for the maintenance of the Chapter cemetery, necessitating the creation of a fund management plan.

Roadside memorials are banned, with the removal of all existing memorials being mandated.

Legislation 0029-24 was approved unanimously with a vote of 5-0, with the Resources and Development Committee being the final authority for the legislation.