Today, many people are conscientious about the environment when they are planning the final disposition of their body, or when a loved one is to be laid to rest. As such consideration is given to burial in a mausoleum, or cremation with inurnment, scattering of cremains or other environmentally sound ways to dispose of a body. One additional option not often considered though is burial at sea.
It may be a surprise, but burial at sea remains an option for an individual, even if the person never served in the United States Armed Forces. Arizona law authorizes an individual to choose burial or cremation, and the proper person who has authority to make these decisions (See Title 36, A.R.S. §36-831 et seq.). The directive as to the final disposition of your remains can be included in a Will, Health Care Power of Attorney, and a Final Disposition Instruction (good practice may include a final disposition provision in all three documents). But it is federal law that governs burial of body or cremains at sea.
What laws control this action?
The Code of Federal Regulations (40 CFR §229.1) governs the burial of body or cremains at sea and which fall under the title of the Marine Protection, Research and Sanctuaries Act (“MPRSA”) and the Environmental Protection Agency (EPA). Interestingly, this is the intersection of estate planning and environmental law.
Generally, a person may be buried at sea if the human remains are prepared and buried in accordance with the practices that are appropriate and desirable by the United States Navy, United States Coast Guard, or civil authority charged with deceased remains. This may require “weighting” the body so it sinks, and not necessarily using a casket although use of a metal casket may be an option. By contrast, the burial of body or cremains in a lake, river, stream, or other waterway in Arizona, is governed by state law and not by MPRSA.
Notification to the EPA is required 30-days after the burial (not before burial) and no other remains of an animal like a pet, or medical refuse are allowed to be included in the burial of the body, or as part of one’s cremains. If a person wants their body to be buried at sea, no MPRSA general permit is required but arrangements through the United States Navy, United States Coastguard, or a private vessel is required. Moreover, burial of body or cremains at sea must be done no closer than three nautical miles to shore, or, no more than 300 fathoms (1800 ft.) in the vicinity of Florida and offshore from the Mississippi Delta. (See 40 CFR §229.1).
Who handles the burial for me?
Burials of a body at sea may be accomplished with the assistance of the United States Coast Guard for military personnel, dependents, and civilians wishing to bury remains, and the United States Navy for those wishing to bury a body. Military honors will be given where appropriate. However, in most instances, family members are not regularly present for the burial ceremony given that a Coast Guard or Naval unit may be ordered to attend to other affairs apart from the burial. This is subject to the discretion of the commanding officer.
What is the fee for a burial at sea?
With exception, when the United States Coast Guard provides a burial at sea, there will be no required fee. However, be certain to call the United States Coast Guard in advance to schedule your loved one’s burial at sea so you are well prepared in scheduling a date for the burial.
Estate planning for burial at sea
If you wish to have the final disposition of your body at sea when you die, then you should contact your estate planning attorney who can work with you to incorporate and draft your wishes into your Will, Final Disposition Instructions, and Health Care Power of Attorney. Anchors aweigh!
For more information or if you have questions, please contact Mesch Clark Rothschild’s Estate Planning attorneys at (520) 624-8886 to make an Estate Planning appointment.
