House clarifies guidelines for discoveries of human remains

Reps. Kessler, Van De Wege co-sponsor legislation in wake of Port Angeles, Beckett Point incidents

February 15, 2008 

Olympia, WA – The discovery of human remains and cultural artifacts in 2003 at a graving dock site in Port Angeles brought construction of a $283 million pontoon and anchor project to a grinding halt.  The remains were determined to belong to members of the Lower Elwha Klallam Tribe, and the Washington State Department of Transportation eventually decided to leave the site and move the pontoon and anchor project to a new location.  Then last year, work on a $2.8 million community septic system at the Beckett Point development in Jefferson County was temporarily stalled when human remains and artifacts were unearthed.

The inadvertent unearthing of human skeletal remains can lead to confusion and uncertainty about the proper procedure for dealing with them.  This is a situation that Reps. Lynn Kessler (D - Hoquiam) and Kevin Van De Wege (D - Sequim) are seeking to avoid by co-sponsoring House Bill 2624.  The measure passed the House today.

"Until now, there have been no consistent guidelines for local governments, developers, or property owners to follow when human remains are discovered." Kessler said.  "This bill fixes gaps in state law, so that we can hopefully avoid situations like what happened with the Port Angeles graving dock site."

The Port Angeles and Beckett Point sites are both in the 24th legislative district, which Kessler and Van De Wege represent.

"This is a proactive approach to fix the process when remains are found," Van De Wege said. "The bill makes clear what everyone's rights and responsibilities are in these situations, and ensures that progress and development can be made while still respecting the past."

In addition to establishing clear procedures for the handling of remains discoveries, other features of the bill include:

• Protections for individuals who inadvertently unearth human remains from civil or criminal liability as long as they are acting in compliance with state law. 

• A requirement that the state develop and maintain a centralized database of all known cemeteries and burial sites in Washington.

• Creation of a State Physical Anthropologist position to assist local governments when human skeletal remains are discovered in their municipalities.  The anthropologist would also help private landowners with removal and reinterrment of any remains unearthed on their property.

The bill passed by a vote of 63-31, and now heads to the Senate for consideration.