Burial restriction proposal draws support from DPH

The Department of Public Health is pressing for the passage of a proposed measure that will restrict burials to designated public and private lands.

Acting Public Health Secretary Ned S. Arriola said several residents in the CNMI have already called the attention of DPH complaining about the mushrooming of burial sites within the neighborhood which they said goes against cultural and social values.

“In fact, a resident could argue that a neighboring burial site is a nuisance and not unlike living near a funeral establishment,” he said in a letter to Rep. Dino M. Jones, chair of the Committee on Natural Resources.

Mr. Arriola noted that even the U.S. Governmental Regulations for Funeral Directors and Embalmers has recognized that living in close proximity to a funeral establishment may result in a resident feeling depressed as it would be “a constant reminder of death, appreciably impairing their happiness, or weakening their power to resist disease, and depreciating the value of the property,” thus, constituting this situation as a nuisance.

While it supports the intent of House Bill 12-127, the department, however, recommended certain changes which will emphasize serious environmental issues involved whenever construction above or below ground takes place, especially in a situation involving burial of degradable material.

In a move to discourage private home burials, government agencies would have to conduct an assessment to ensure that the area surrounding the burial site will not be adversely affected. Again, this places substantial burden on government offices tasked with protecting the environment, especially when permitted public and private cemeteries are at present readily available.

Mr. Arriola said the Legislature should clarify which agency should be held responsible in monitoring the compliance on the proposed restriction since the bill is transferring such task to the Department of Lands and Natural Resources.

Currently, the Bureau of Environmental Health is tasked with administering to and managing public cemeteries as well as providing regulation for burial permits, burial conditions to protect human health and exhumation under Public law 11-117 or the Public Cemetery Act of 1999.

DPH is seeking reconsideration of the provision in HB 12-127 which requires for the exhumation of the deceased within 30 days and then reburied in a public or private cemetery as this will result in both financial and emotional burden on families.

Instead, the department proposed that the Legislature adopt a grandfather rule in burial sites on private land that have already been permitted by the bureau and in consultation with the Division of Environmental Quality.

According to Mr. Arriola, requiring exhumation and removal of the burial sites in private lands within 30 days would be a big burden not only on the permit holder but also on BEH and the DLNR, which must provide manpower to arrange exhumation proceedings and transport the human remains to a public cemetery. In fact, the Wireless Hill Cemetery is already mandated to be exhumed upon completion of the Marpi Cemetery.