HD42 - Special Report: Preservation of Revolutionary War Veteran Gravesites in Virginia


Executive Summary:
House Joint Resolution No. 530 and Senate Joint Resolution No. 345 from the 1999 Session direct JLARC to compile a list of sites where Revolutionary War veterans are buried and to study issues related to the care and maintenance of their burial sites. Virginia currently has a program to help provide for the care and maintenance of Confederate veteran gravesites. This program is described in § 10.1-2211 of the Code of Virginia. However, there is no similar program for the veterans who established the country's independence during the Revolutionary War.

An interim JLARC report, printed in February 2000, focused on developing a compiled list where Revolutionary War veteran burials are reported. This final report adds to that compiled list, and addresses the number and condition of cemeteries with Revolutionary War veteran burials, as well as the number and condition of the grave markers for these veterans. The report also provides recommendations for the development of a program to provide care for these grave sites, and funding options.

JLARC staff's best estimate is that there are about 560 sites with Revolutionary War veteran burials, and about 705 grave markers that can be found today and are potentially eligible for inclusion in a maintenance program. HJR 530 requires that the study "recommend a program to restore and preserve all [Revolutionary War veteran burial] sites." The option which appears to best address this requirement could entail annual State funding of slightly above $100,000 in the early stages of the program, and about $54,600 to $95,500 once the program has matured. At least in the early stages of the program, about half of these expenditures would be to meet the costs of developing the program, coordinating the program over time, and administering the funding. The other half of the expenditures are for grants (or tax credits) to help pay the costs of preservation activities at the cemeteries.

Cemetery Site Visits Were Conducted for the Second Phase of the Review

JLARC staff compiled a list of 1,481 veterans, excluding the Colonial National Historical Park at Yorktown, and 2,217 in total, that are reportedly buried or recognized at specific locations in Virginia. As shown in the figure on page II, many of the localities with the greatest number of burials reported are in the Shenandoah Valley and the southwestern part of the State.

The compiled list of veteran gravesites was "tested", to determine the extent to which the gravesites that have been reported can actually be found. JLARC staff conducted visits to 39 locations where Revolutionary War veteran burials had been reported.

During these visits, JLARC staff sought to find the reported cemeteries and grave markers. The general condition of the cemeteries and grave markers were observed. In most cases, a photograph of the marker was taken, and a hand-held GPS (global positioning system) was used to note the longitude and latitude of the site. (Data obtained from the site visit process is contained in Appendix D of the report). Based on the site visits, it appears that most of the cemeteries with reported veteran burials tan still be ''found'' today, and typically do have one or more markers that are intact. The condition of the cemeteries visited and of the grave markers varied considerably.

Best Estimate Is that About 560 Sites with 705 Grave Markers Are Potentially Eligible for a Maintenance Program

By extrapolating from the compiled list of veteran burials and the results from the in-depth examination of selected sites, JLARC staff developed estimates of the number of cemeteries and grave markers in the Commonwealth that are potentially eligible for a maintenance program. The range in these estimates, as well as the best estimates, are shown in the table on page III.

Preservation Costs at Cemeteries with Revolutionary War Veteran Graves Include Both Routine Cemetery Care and Extraordinary Maintenance

Routine maintenance costs at the cemeteries with at least one Revolutionary War veteran grave may range from $100,000 to $800,000, with a single best cost estimate statewide of $336,000. The best estimate is based on a typical cost of $600 per cemetery per year. This typical cost can provide for routine maintenance (for example, mowing) at a typical family cemetery, or in the oldest section of a larger cemetery, that contains about 50 to 100 graves. The total cost, of course, addresses many graves for individuals buried near Revolutionary War veterans who were not veterans, or not veterans of that war. The cost figure still provides a relevant context, because in most cases, either care is provided throughout the cemetery (or cemetery section), or it is not provided at all. The typical maintenance program for the cemeteries does not provide care to just a few gravesites, while neglecting the other gravesites in the same vicinity.

To the extent that routine maintenance is provided at these cemeteries, the costs are often paid from established cemetery budgets (for example, at a church cemetery), trust funds, and through donations. Oftentimes, donations may be from descendents of those buried at the cemetery.

Preservation costs at the cemeteries also include extraordinary maintenance costs, such as fence and monument repairs, or tree removal. By their nature, these costs are less predictable, but can at times be much greater in magnitude, than the costs of routine care.

Recommendations and Illustrative Options for a Maintenance Program for Revolutionary War Veteran Gravesites

Virginia's Department of Historic Resources (DHR) currently has statutory responsibility for the State's existing veteran gravesite program (the Confederate gravesites program). After years of administering this program, DHR contracted with the United Daughters of the Confederacy (the UDC). The UDC now handles the disbursement of funds, and obtains information and documentation from fund recipients. The 2000 Appropriation Act provides $59,690 in FY 2001 and $59,690 in FY 2002 for the purposes prescribed in §10.1-2211 of the Code of Virginia.

Cemeteries and organizations participating in the Confederate gravesite program are enumerated in the Code of Virginia. Prior to 1989, dollar amounts to be received by the cemeteries and organizations were listed. From 1980 to 1989, the least payment provided by the statutory list was $50 per cemetery or organization taking care of a site or sites. Thus, the program operated at that time with an implicit floor payment of $50) with some sites receiving more based on need.

In 1989, statutory dollar amounts provided in the Code were converted into a number of units to be maintained, based on a conversion factor of five dollars per unit. The UDC administrator of the program has been seeking information on the number of graves maintained by the recipients, and has been adjusting funded amounts somewhat to more often align each organization's funding with the five dollars per grave amount.

The third chapter of this report discusses issues regarding the development of a program to provide care for Revolutionary War veteran gravesites. The program that may be most appropriate for these gravesites could differ in some important respects from the State's existing gravesite program. The features and costs of a State program to promote the preservation of Revolutionary War veteran gravesites depend to a large extent upon what objectives are pursued through the program.

Seven potential objectives for a Revolutionary War veteran gravesite program are discussed in the report, including:

• preserve information about the burials for future generations,

• offer a program of care similar to the State's other graves program,

• provide some support to existing caretakers of the sites,

• provide support to attract custodial care at neglected sites,

• provide support to help with extraordinary preservation needs,

• identify veteran grave sites that are not currently evident, or

• a step in promoting the care of old and small cemeteries in Virginia.

The mandates for the study do not express the objectives for the program at this level of detail. However, the study was guided in its recommendations by the requirement of HJR 530 that the program "restore and preserve all [Revolutionary War veteran burial] sites." This charge meant that several of the objectives above that go beyond routine maintenance at the cemeteries (such as attracting care to neglected sites, assisting with extraordinary preservation needs, and clearing cemeteries to find sites not currently evident) should be addressed in the recommended program.

The report offers 12 recommendations for the development of a program. The report provides a discussion of the recommendations and states each recommendation in full. The report recommendations are shown below and on the next page of the summary (some are shown in an abbreviated form).

Recommendation (1). The General Assembly may wish to consider establishing a State program to assist with routine maintenance costs, and the purchase of durable plaques for tombstones as necessary, at cemeteries with at least one documented Revolutionary War veteran burial. The General Assembly may wish to establish a $50 minimum reimbursement or tax credit per eligible cemetery that is maintained.

Recommendation (2). In addition to providing funding for routine maintenance, the General Assembly may wish to consider providing $10,000 and $40,000 per year to provide support toward statewide costs for the initial cleanup of neglected cemeteries, to attract and sustain care to neglected sites, and to provide for extraordinary maintenance needs. The General Assembly may also wish to require that the entity administering the program on behalf of the State develop and publish criteria or guidelines for use in setting priorities where the State funding requested for these purposes exceeds available funds.

Recommendation (3). In the short-term, the Department of Historic Resources should be provided the resources needed to effectively establish, promote awareness of, and administer the program. Once the program has been effectively established, and if an appropriate organization expresses an interest, then DHR could contract with that organization with that organization for the continued administration of the program.

Recommendation (4). As part of the initial application process for participation in the program, certain documentation about the underlying condition of sites should be required.

Recommendation (5). DHR should maintain a list of cemetery sites for which appropriate documentation has been received, and continue to add to the list each year as new applications are received. This responsibility would be transferred to the contractor if the program is contracted out, although DHR should require an updated copy of the list from the contractor every six to twelve months.

Recommendation (6). DHR should pursue creative ways of linking cemetery sites that are maintained with other State and local tourism programs, and consider sponsoring certain promotional activities that could raise additional funds for gravesite maintenance.

Recommendation (7). The General Assembly may wish to require that DHR, at the time that it conducts a biennial survey process to assess Confederate per-grave maintenance costs as required by § 10.1-2211 of the Code of Virginia, also assess Revolutionary War veteran per-grave costs, for use in funding those cemeteries where the costs calculated on a per-grave basis would exceed fifty dollars per year.

Recommendation (8). If directed by the General Assembly to assess per-grave costs for Revolutionary War veteran graves, DHR should include smaller cemeteries in its sample than were in its most recent sample for the Confederate graves program, and it should ensure that the survey process is completed biennially.

Recommendation (9). The General Assembly may wish to direct that a survey be conducted to assess the willingness of local governments with Revolutionary War veteran burial sites to voluntarily set aside some funding, now and over time, for potential use as a match for State funds to provide for initial cemetery clean-up and extraordinary maintenance needs as they arise.

Recommendation (10). The General Assembly may wish to consider a match requirement for recipient organizations and local governments for projects receiving State funds that go beyond the baseline payments made for routine maintenance.

Recommendation (11). DHR should require that recipients provide information to establish that expenditures on cemetery maintenance equaled or exceeded State funding plus any match requirements during the fiscal year for which the funding was provided.

Recommendation (12). DHR should develop materials that explain the philosophy of cemetery preservation and address appropriate and inappropriate cemetery preservation practices. DHR should make these materials available to recipients of funds under the program.

One of the concerns that a Revolutionary War veteran gravesite program would be intended to address is that there is currently no systematic, coordinated effort that assembles information across the State, promotes the maintenance of the sites, and brings interested organizations together to preserve these sites. It should also be noted that many of the 12 recommendations address the role of DHR (or other program administrator, if DHR is not used).

If a program is established with an intent to achieve most of these recommendations, then the role of the central administering entity in developing, coordinating, and managing the program could be key to the program's success. In the early stages of the program, this entity should help to: ensure the integrity of the initial eligibility determinations; ensure that the State has good documentation about the sites; develop criteria to use in determining priorities if funds are available for special maintenance purposes (such as clearing sites or extraordinary maintenance), and there are more project applications than available funds; and ensure that the maintenance efforts that are undertaken with State funds are conducted in an informed manner. These activities will require some commitment of program management resources, especially in the early stages.

Three illustrative options (see page VI) were developed for the study that address, to varying degrees, the potential objectives for a Revolutionary War veteran gravesite program. The illustrative option which appears to best address the study mandates is the third option, which may cost around $103,000 to $108,300 in the first five years, and decline to around $54,600 and $95,500 as initial gravesite clean-up projects come to closure. In the early years of the program, the costs for this illustrative option are divided about equally between program development and management costs (estimated at one FTE position with total compensation of $54,400) and the costs of maintenance payments or tax credits. The program management costs under the option would decrease as the program matures.

The costs shown for the illustrative options are rough estimates based on assumptions discussed in the report. Funding levels should be adjusted as experience with the program provides more definitive information about program participation levels and the needs of the sites that are brought forward for inclusion in the program.