California Department of Parks and Recreation
Information
on the
Scattering of
Cremated Human Remains
The
purpose of this information packet is to help you properly request permission
to scatter cremated human remains within a state park.
Permission to scatter cremated human
remains within a state park is provided as a service to individuals. If the scattering is to be done by a
mortuary or other commercial enterprise, the conditions and restrictions of
California Code of Regulations Section 4331 apply. Mortuaries and other businesses providing this service must
request and receive a separate authorization or agreement from the Department.
The
California Department of Parks and Recreation allows individuals to scatter
cremated human remains, where
appropriate, in units of the State Park System. There are numerous and multi-faceted conditions under which
the scattering of cremated human remains would not be appropriate. These include locations that are
archeological sites, Native American burial sites, and locations where
incompatible activities occur or may be planned in the future. (These
restrictions do not apply to the reburial of Native Americans pursuant to
Section 5097.94 of the Public Resources Code.) By policy, the appropriateness of scattering cremated human
remains within state park units is determined by the District/Sector
Superintendent.
Present
California law requires that scattered human remains not be distinguishable to
the public, and are not in a container.
If there are particles in the ash that can be recognized as bone, etc.,
they will have to be collected and removed from the park by the person doing
the scattering. In addition,
Health and Safety Code Section 7117(c) expressly forbids the scattering of
cremated human remains from a bridge or pier, in a lake or stream, or within
500 yards seaward of the ocean shoreline.
Health
and Safety Code Section 7116 requires that anyone scattering cremated human
remains obtain the written permission of the property owner or controlling
government agency. Health and
Safety Code Section 7116 will be strictly enforced, and violators may be cited
under Health and Safety CODE Section 7054(a). Anyone found guilty of violating this section is subject to
a fine of $500, and/or six months in jail.
The Department makes no promise or commitment to
treat the area where the scattering occurs as sacred, or as a burial
ground. The scattering of cremated
human remains will not affect the classification of any unit or portions
thereof. All park uses,
operations, and programs will be continued without regard to the presence of
the scattered cremated human remains.
The Department may record the total number of scatterings within a given
area, etc. However, the Department
will not keep records of who was scattered at a particular location, or the
date on which a scattering occurred.
If you or members of your family would like to visit the site at a later
date, you will have to make and retain your own records.
You
will need to write to the District/Sector Superintendent of the park where you
wish to scatter the cremated remains.
If you do not know the District/Sector address, you may send your
request to:
California Department of
Parks and Recreation
P. O. Box 942896
Sacramento, CA 94296
(916) 653-6995
In
your letter, you should indicate that you are the legal custodian of the
remains, that you understand the restrictions listed in this information
packet, and the location where you wish to scatter. If you have a specific location in mind, it is suggested
that you include one or two alternative locations. If you do not have a specific location in mind, please
indicate that you will scatter the remains at a location determined by the
District/Sector Superintendent.
Please also indicate the date and time you plan to arrive, and the
number of individuals expected to attend.
Standard park use fees will apply at the time you enter the park.
Finally,
your letter should indicate the name of the person who you expect to do the
actual scattering. That person
must have a copy of the permission letter with him/her at the time the event
occurs.
For
more information on cremation matters, contact the California State Department
of Consumer Affairs at (800) 952-5210.