(b)

1. (1) Applications may be found on the Arkansas State Archives website at www.arkansasheritage.com/arkansasstatearchives/home.

2. (2) The applications must be submitted online through email at:

   1. (A) HistoricalMonumentProtectionAct@arkansas.gov; or
   2. (B) Such other email address as may be designated by the Department of Parks, Heritage, and Tourism from time to time.

(c) Monuments protected under the Arkansas State Capitol and Historical Monument Protection Act include any of the following that are located on public property and were installed, erected for, or named or dedicated in honor of a historical person, historical event, public service organization, firefighter, police officer, military organization, or military unit:

1. (1) Statue;
2. (2) Memorial;
3. (3) Gravestone plate;
4. (4) Plaque;
5. (5) Historic flag display; and

6. (6) Any of the above that:

   1. (A) Has been listed in the National Register of Historic Places; or
   2. (B) Is located in a state or municipally owned veterans' cemetery.

(d) These guidelines apply to historical monuments, defined as a statue, memorial, gravestone plate, plaque, or historic flag display that is located:

1. (1) On public property and was installed, erected for, or named or dedicated in honor of a historical person, historical event, public service organization, firefighter, police officer, military organization, or military unit, including without limitation:

   1. (A) The French and Indian War;
   2. (B) The American Revolution;
   3. (C) The War of 1812;
   4. (D) The Mexican-American War;
   5. (E) The American Civil War;
   6. (F) The Spanish-American War;
   7. (G) The Mexican Border War;
   8. (H) World War I;
   9. (I) World War II;
   10. (J) The Korean conflict;
   11. (K) The Vietnam War;
   12. (L) Operation Urgent Fury;
   13. (M) Operation El Dorado Canyon;
   14. (N) Operation Just Cause;
   15. (O) The Gulf War;
   16. (P) Operation Enduring Freedom; and
   17. (Q) Operation Iraqi Freedom;
2. (2) On public property and has been listed on the National Register of Historic Places; or
3. (3) In a veteran's cemetery.

(e) Monuments that are not protected include:

1. (1) A temporary exhibit;
2. (2) A temporary structure;
3. (3) A street sign; and
4. (4) Public property of the State Highway Commission.

(g) The commission will consider the applications on a case-by-case basis and, on 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. (1) The applicable law so that no determination is made in contravention of the law;
2. (2) The relevance of the item in question to local, state, national, or world history;
3. (3) The location and character of the item and the manner in which it is displayed;
4. (4) Whether the item accurately reflects a historical figure or event and in a manner that is commonly accepted to be historical;
5. (5) The credibility of any documentation, including academic papers if available, for the history represented by the item; and
6. (6) Public comments from Arkansas residents that may be submitted on the subject matter.

(h)

1. (1) In evaluation of the applications, the commission can consider the following factors in evaluation of the monument to determine whether the item is a historical monument:

   1. (A) 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. (B) Association with the lives of persons nationally significant in the history of the United States and/or Arkansas; or
   3. (C) Representation of a historical idea or ideal associated with the people of the United States, generally, or the people of Arkansas.
2. (2) This list is not exclusive as the commission may consider other factors.

(i)

1. (1) In making decisions regarding historical designation, the commission may issue an advisory opinion for historical designation by a majority vote of those present and voting at a regularly scheduled commission meeting.
2. (2) The decision will be made in writing by the commission.

(j) A list of registered historical monuments erected after the effective date of the Arkansas State Capitol and Historical Monument Protection Act, April 28, 2021, will be:

1. (1) Updated following each commission meeting; and
2. (2) Available online at www.arkansasheritage.com/arkansasstatearchives/home.