STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1985; amended 1989
Summary: The statute recognizes the importance of Indian burial grounds and historic graves as irreplaceable, nonrenewable cultural resources. Indian burial sites, cairns, glyptic markings and historic graves located on public and private lands are to be protected. Any person who knowingly removes, mutilates, defaces, injures, or destroys a Native Indian cairn or grave or any glyptic markings or painted record of any tribe or peoples, or who sells artifacts or human remains that are known to have been taken from a Native Indian cairn or grave, or damages an historic grave is guilty of a Class C felony. This does not apply to the possession or sale of Native Indian artifacts discovered in or taken from locations other than Native Indian cairns or graves. It also does not apply to artifacts for which a permit was issued or artifacts that were removed by other than human action. Persons inadvertently disturbing Indian graves including through construction, logging, mining or agricultural activities, will reinter the human remains under the direction of the appropriate Indian tribe. Expenses for reinterment will be paid by the Office of Archaeology and Historic Preservation. The Director of Community Development, in consultation with the affected tribes, will develop guidelines for permits for archaeological excavations of Native Indian cairns and graves. An Indian tribe or enrolled member of a tribe may take civil action to secure an injunction, damages or other relief against any person who is alleged to have violated this act. The action must be brought within two years of the discovery of the violation.
Online State Law Source: http://www1.leg.wa.gov/LawsAndAgencyRules/
Permitting: The Director of Community Development and appropriate tribes will develop guidelines for issuing archaeological permits.
Penalties: Penalties range from a Class C felony for knowingly removing, mutilating, defacing, injuring, or destroying any cairn or grave of any Native Indian or selling any Native Indian artifacts or any human remains that are known to have been taken from an Indian cairn or grave or to damage an historic grave. This is punishable by up to 5 years imprisonment and/or up to $10,000 in fines.
Review/Consultation Committee: Requires consultation with appropriate tribes.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Indian Graves and Records (Washington Rev. Code §27-44.010, et seq.); Sentencing (Washington Rev. Code §27-44.010, et seq.); Abandoned and historic cemeteries and historic graves (Washington Rev. Code §68-60.010, et seq.); Archaeological Excavation and Removal Permit (WAC §25-48).
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