(a)

1. (1) Determinations to be made by the Arkansas History Commission under the Arkansas State Capitol and Historical Monument Protection Act, Arkansas Code § 22-3-2101 et seq., shall be initiated through the submission of a written application.

2. (2) Applications shall be submitted for the following purposes:

   1. (A) Seeking a waiver under the Arkansas State Capitol and Historical Monument Protection Act;
   2. (B) Seeking a temporary waiver under the Arkansas State Capitol and Historical Monument Protection Act on an emergency basis;
   3. (C) Seeking an advisory opinion on whether an item is a historical monument;
   4. (D) Registering a historical monument erected after April 28, 2021; and
   5. (E) Seeking the guidance on the disposition of a historical monument if a waiver has been granted.
3. (3) The application forms will be made available online at www.arkansasheritage.com/arkansasstatearchives/home or other web address as established by the Department of Parks, Heritage, and Tourism.

(b)

1. (1) The commission may place a hold on, or deny, review of an incomplete application, including one not submitted on the proper form.
2. (2) Staff shall assist all applicants in ensuring a complete and accurate application is submitted.

3. (3) All applications shall be submitted electronically to the Arkansas State Archives through email at:

   1. (A) HistoricalMonumentProtectionAct@arkansas.gov; or
   2. (B) Such other email address as may be designated by the department from time to time.

(c)

1. (1) All applications received will first be reviewed by staff who will conduct an evaluation of each submission in accordance with:

   1. (A) The Arkansas State Capitol and Historical Monument Protection Act;
   2. (B) This part; and
   3. (C) The subject matter of the application.
2. (2) Thereafter, when staff has had reasonable time within which to conduct an adequate evaluation, it shall make a recommendation of determination to the commission at its next meeting.
3. (3) The commission reserves the right to remand applications back to the applicant and staff for further development when it does not have enough information with which to make a determination.
4. (4) In such event, the history commission shall provide the necessary guidance to the applicant and the staff.

(e) Application for waiver from the Arkansas State Capitol and Historical Monument Act.

1. (1)

   1. (A) The Arkansas State Capitol and Historical Monument Protection Act does not prohibit a governmental entity having responsibility for maintaining a historical monument from:

(i) Taking proper and appropriate measures, and exercising proper and appropriate means for the protection, preservation, care, repair, or restoration of the historical monument; and

1. (ii) Temporarily removing or relocating the historical monument to repair public property or any public infrastructure surrounding the historical monument if the governmental entity:

(b) (b) Ensures the protection of the historical monument while the historical monument is removed or relocated.

1. (B) Under such circumstances, no application for waiver need be submitted.
2. (2) A person exercising control of public property that is a historical monument or on which a historical monument is situated may apply to the commission for a waiver from the requirements of 22 CAR § 82-104.

3. (3)

   1. (A) Applicants may complete a Petition for Waiver form provided by the archives that includes a justification for the waiver, including the stated reason the waiver is sought.
   2. (B) The application for waiver may include the submission of detailed information and documentation supporting the petition.
   3. (C) The application forms will be made available online at www.arkansasheritage.com/arkansasstatearchives/home or other web address as established by the department.
4. (4) Application for a waiver must be received and approved prior to any removal that lasts longer than sixty (60) days.

(f) Application for a temporary waiver from the Arkansas State Capitol and Historical Monument Protection Act on an emergency basis.

1. (1)

   1. (A) If circumstances exist such that the Arkansas State Capitol and Historical Monument Protection Act does not permit removal and relocation of a historical monument without a waiver from the commission, the procedures for the application and receipt of a waiver from the commission as provided in this section are inapplicable or impractical, and an emergency exists wherein a historical monument must be removed or relocated quickly to ensure its protection, preservation, care, repair, or restoration, the procedures of this subsection shall apply.
   2. (B) Under the foregoing circumstances, a governmental entity having responsibility for a historical monument may apply for a temporary waiver.

2. (2)

   1. (A) A temporary waiver on an emergency basis shall be sought by contacting the Secretary of the Department of Parks, Heritage, and Tourism to request that a temporary waiver be granted.

   2. (B) The request:

      1. (i) May be made:

(b) (b) By telephone at (501) 682-6900; or

1. (c) (c) Through email at HistoricalMonumentProtectionAct@arkansas.gov or at such other email address as may be designated by the department from time to time; and

   1. (ii) Shall include all details necessary to document the basis for the issuance of a temporary waiver.
   2. (C) If the application is time critical, the secretary may verbally grant the temporary waiver to ensure the emergency is addressed on a timely basis, but shall require the applicant to submit an application for temporary waiver on an emergency basis per the requirements of 22 CAR § 82-104 as soon as practical thereafter.
   3. (D) The written application shall include a recital of the details of the emergency that resulted in the granting of the temporary waiver and the time period of the waiver as determined by the secretary in his or her reasonable discretion as well as reasonable conditions and instructions to ensure that the historical monument is protected to the greatest extent possible.
   4. (E) Temporary waivers granted on an emergency basis are reviewable by the commission, which may confirm, modify, or rescind the terms of such waivers.

(g) Application for determination of a historical monument by the Arkansas History Commission.

1. (1) A governmental entity may request an advisory opinion from the commission of whether a statue, memorial, gravestone plate, plaque, or historic flag display qualifies as a historical monument under the Arkansas State Capitol and Historical Monument Protection Act.

2. (2) The commission guidelines provide parameters for designation of historical monuments, including:

   1. (A) Historic conflicts;
   2. (B) Historic entities;
   3. (C) Historic events;
   4. (D) Historic figures;
   5. (E) Historic organizations; and
   6. (F) Memorials.
3. (3) The guidelines are a part of this part and will be available on the archives’ website at www.arkansasheritage.com/arkansasstatearchives/home.

4. (4)

   1. (A) In accordance with Arkansas Code § 22-3-2105(e) the commission shall establish guidelines regarding what will be designated as a historical monument.
   2. (B) Accordingly, said guidelines shall be in accordance with the express requirements of the Arkansas State Capitol and Historical Monument Protection Act and any other Arkansas laws and amendments thereto as such may be made from time to time.

   3. (C) Such includes, without limitation:

      1. (i) The statutory definition of "historical monument"; and
      2. (ii) Other definitions as provided at Arkansas Code § 22-3-2102.

   4. (D) For matters in which the law may leave this issue to the interpretation of the commission, the guidelines shall require the commission to review such matters on a case-by-case basis and in its collective and subjective opinion take the following factors under consideration:

      1. (i) The applicable law so that no determination is made in contravention of the law;
      2. (ii) The relevance of the item in question to local, state, national, or world history;
      3. (iii) The location and character of the item and the manner in which it is displayed;
      4. (iv) Whether the item accurately reflects a historical figure or event and in a manner that is commonly accepted to be historical;
      5. (v) The credibility of any documentation, including academic papers if available, for the history represented by the item; and
      6. (vi) Public comments from Arkansas residents that may be submitted on the subject matter.
   5. (E) Any entity seeking an advisory opinion concerning historical monument designation may submit an application to the commission using the Historical Designation application available on the archives’ website at www.arkansasheritage.com/arkansasstatearchives/home.

5. (5) Arkansas History Commission evaluation of the monument.

   1. (A) Factors that can be considered include the following items:

      1. (i) Association of the monument with events that have made a significant contribution to, and are identified with, or that outstandingly represents, the broad national patterns of United States and/or Arkansas history and from which an understanding and appreciation of those patterns may be gained;
      2. (ii) Association with the lives of persons nationally significant in the history of the United States and/or Arkansas; or
      3. (iii) Representation of a historical idea or ideal associated with the people of the United States, generally, or the people of Arkansas.
   2. (B) This list is not exclusive as the commission may consider other factors.

(h) Application for registration of historical monuments erected after April 28, 2021.

1. (1) All applications for registration of historical monuments erected after April 28, 2021, will be available on the archives’ website at www.arkansasheritage.com/arkansasstatearchives/home.

2. (2) The application shall:

   1. (A) Be submitted through email at:

      1. (i) HistoricalMonumentProtectionAct@arkansas.gov; or
      2. (ii) Such other email address as may be designated by the department from time to time; and
   2. (B) Include all details necessary for applying to register historical monuments.

3. (3) The recommendation of determination by the staff shall be submitted electronically to the:

   1. (A) Commission;
   2. (B) Director of the Arkansas State Archives;
   3. (C) Director of the Division of Arkansas Heritage; and
   4. (D) Secretary.

4. (4) The commission may issue an advisory opinion of designation of a historical monument or grant a petition for waiver by a majority vote of those present and voting at a regularly scheduled commission meeting.

   1. (i) Previously removed monument in possession of governmental entity. A governmental entity shall request a waiver from the commission for a historical monument that previously has been removed but is still in the possession of a governmental entity to determine the disposition of the historical monument.