Washington Annotations

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  1. Protection of Burials

    1. Acts Prohibited by Law and Subject to Criminal Sanctions

      1. What is the criminal liability for unlawfully excavating human remains or archaeological resources?

        Any person, firm or corporation who violates any provisions of the law on archaeological sites and resources will be guilty of a misdemeanor (punishable by a fine less than or equal to $1,000, or by imprisonment in a county jail for up to 90 days, or both Wash. Rec. Code � 9A.20.010). Each day of continued violation is a distinct and separate offense. � 68.40.090.

        Washington state also has criminal laws specifically protecting native Indian graves and artifacts. Any person who knowingly removes any "cairn" (memorial or landmark marked by a heap of stones) or grave of any native Indian is guilty of a class C felony. Additionally, any person who knowingly removes any "glyptic" (carving or engraving) or painted record of any tribe or peoples is guilty of a class C felony. However, there is no criminal liability if the removal was accidental or inadvertent and reasonable efforts were made to preserve the remains, carvings or painted records. � 27.44.040.

      2. What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?

        In general, transporting unlawfully removed human remains from a cemetery or knowingly receiving unlawfully removed human remains are class C felonies under Washington state law. Wash. Rev. Code � 68.60.040(3).

        More specifically, any person who sells any native Indian artifacts or any human remains that are known to have been taken from an Indian grave is guilty of a class C felony. The Washington state legislature passed this law in part as a response to reports and incidents of deliberate interference with native Indian and historic graves for profit-making motives. � 27.44.030(2). However, this law does not apply to the possession or sale of native Indian artifacts discovered in or taken from locations other than native Indian graves. Additionally, if the artifacts were lawfully removed after receiving a permit from the director of the department of archaeology and historic preservation, or were taken in performance of official law enforcement duties then there is no criminal liability for selling or purchasing the artifacts. � 27.44.040

      3. What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?

        A person who removes any personal items of the dead in a cemetery, or removes all or portions of human remains is guilty of a class C felony. Wash. Rev. Code � 68.60.040(3). For the purpose of this law, a cemetery is any burial site, burial grounds, or place where five or more human remains are buried. � 68.04.040(2). Removing caskets, outer burial containers or any other device used in the original burial is also a class C felony. � 68.60.040(3).

        Washington State has specific laws against the unlawful taking or possession of native Indian human remains and funerary objects. Under Washington state criminal law, any person who knowingly removes any "cairn" (memorial or landmark marked by a heap of stones) or grave of any native Indian is guilty of a class C felony. � 27.44.040(1). Additionally, any person who knowingly removes any "glyptic" (carving or engraving) or painted record of any tribe or peoples is guilty of a class C felony.

        There may be no criminal liability if the removal of the Indian grave, carving or painted record was accidental so long as the proper procedures were followed after the inadvertent discovery was made. � 27.44.040(3).

      4. What is the criminal liability for unlawfully disturbing human remains and funerary objects?

        In general, a person who opens a grave, removes any personal items of the dead, or removes all or portions of human remains is guilty of a class C felony. Wash. Rev. Code � 68.60.040(1)(3). Removing or damaging caskets, outer burial containers or any other device used in the original burial is also a class C felony. � 68.60.040(3). Destroying, cutting, mutilating, effacing or otherwise injuring any tomb, plot, monument, memorial or marker in a cemetery is a class C felony. Disturbing the gates, doors, fences, walls, posts, railing or any enclosures for the protection of a cemetery or any other property in a cemetery is also a class C felony. RCW 68.60.040(1).

      5. What is the criminal liability for defacing or destroying historical or archaeological sites?

        Washington has a specific law for the protection of historic graves in which any person who knowingly removes, mutilates, defaces, injures or destroys a historic grave will be guilty of a class C felony. Someone who disturbs a historic grave accidentally, including during construction, shall reinter the human remains under the supervision of the department of archaeology and historic preservation. Expenses to reinter the human remains are to be provided by the department to the extent that funds for this purpose are set aside by the legislature. Wash. Rev. Code � 68.60.050.

        Under Washington criminal law, any person who knowingly mutilates, defaces, injures or destroys any "cairn" (memorial or landmark marked by a heap of stones) or grave of any native Indian is guilty of a class C felony.

        Additionally, any person who knowingly mutilates, defaces, injures or destroys any "glyptic" (carving or engraving) or painted record of any tribe or peoples is guilty of a class C felony.

        � 27.44.040.

      6. What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?

        Any archaeologist or interested person may copy and examine "glyptics" (carvings or engravings) or painted records or examine the surface of any grave. However, no record or archaeological material from any grave may be removed unless it will be reburied or preserved in a duly recognized archaeological repository* and the state historic preservation officer has granted permission** for scientific research and removal. Wash. Rev. Code � 27.44.020. It is a class C felony to damage or remove the glyptic or painted record without permission. � 27.53.060(1).

        *An archaeological repository such as the Museum of Anthropology at Washington State University is responsible for the long-term care of archaeological materials in conformance with applicable governmental policies and procedures and current professional standards. 36 CFR Part 79: Curation of Federally-owned and Administered Archaeological Collections.

        **Whenever a request for permission to remove records or material is received, the state historic preservation officer shall notify the affected Indian tribe or tribes. The affected Indian tribe or tribes are those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found; those that submit to the department maps that reflect the tribes geographical area of cultural affiliation; and other tribes with historical and cultural affiliation in the jurisdiction where the remains were found. � 27.44.055(4)(a).

      7. What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?

        Any person, who willfully destroys, cuts, mutilates, effaces or otherwise injures any property in a cemetery, including tombs, monuments, memorials, or markers, is guilty of a class C felony. Wash. Rev. Code � 68.60.010(4). It is also a class C felony to destroy any enclosure for the protection of a cemetery such as a gate, door, fence, wall, post or railing. � 68.60.040.

        It is a gross misdemeanor to unlawfully and willfully destroy any building, statue, ornamentation, tree, shrub, flower or plant within the limits of a cemetery. � 68.60.040(3). The limits of a cemetery are defined by the records of the county assessor if it is designated as a cemetery. If it is not uniquely identified as a cemetery, its boundaries are a minimum of ten feet in any direction from any burials. � 68.60.010(4).

      8. What is the criminal liability for unlawfully taking or possessing monuments or gravestones?

        Any person who unlawfully removes any monument, memorial, or marker in a cemetery is guilty of a class C felony. Wash. Rev. Code � 68.60.040.

      9. What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?

        The Washington criminal code uses the term "glyptic" instead of petroglyphs to describe any carving, engraving or inscription on stone. Any person who destroys or damages a carving or painted record of any tribe or people is guilty of a class C felony. Wash. Rev. Code � 27.44.040(1).

      10. What specific laws restrict the alienation or use of historic burial places?

        On private and public lands, all people, firms, corporations, and agencies and institutions of the state must obtain a written permit from the director of the department of archaeology and historical preservation before digging into or excavating any historic or prehistoric archaeological resource or site, including historic burial places. Rev. Wash. Code � 27.53.060; Wash. Admin. Code � 25-48-041.

        In general, a "historical cemetery" is any burial site or grounds which contain human remains buried prior to November 11, 1889. For exceptions to this general rule see Rev. Code. Wash. � 68.60.010(2).

        "Historic grave" means a grave or graves that were placed outside a dedicated cemetery, except Indian graves and burial cairns protected under chapter � 27.44. � 68.60.010(3).

      11. What is the criminal liability for removing or damaging headstones?

        Any person who willfully tears down or removes any property in a cemetery including tombs, plots, monuments, memorials, or markers, is guilty of a class C felony. Wash. Rev. Code � 68.60.010(4)

      12. What are the general state criminal laws for abuse of corpse?

        Any person who has "sexual intercourse" or "sexual contact" with a dead human body is guilty of a class C felony. Wash. Rev. Code � 9A.44.105.

      13. What other general state criminal laws affect human remains and burial places?

        1. It is unlawful for any cemetery to refuse to bury any person because he or she is not Caucasian (white). Wash. Rev. Code � 68.50.035.
        2. Any person violating the laws of human remains and anatomical study and instruction will be fined no more than $500. � 68.50.090.
        3. Every person who arrests, attaches, detains, or claims to detain any human remains for any debt is guilty of a gross misdemeanor. � 68.50.120.
        4. A person authorized to dispose of human remains cannot cremate more than one human remains at a time unless written permission, after full and adequate disclosure regarding the manner of cremation, has been received from the person or persons having the authority to order cremation. This restriction does not apply when equipment, techniques, or devices are employed that keep human remains separate and distinct before, during, and after the cremation process. Violation of this law is a gross misdemeanor. �68.50.185.
        5. Any person who unlawfully removes or conceals the body of a deceased person who is not claimed by a relative or friend or whose death is the result of violence or unnatural causes is guilty of a gross misdemeanor. Upon conviction there will be a fine not to exceed $1,000 or imprisonment in the county jail for no more than 1 year or by both fine and imprisonment in the discretion of the court. � 68.50.050.
        6. Any person who disturbs, obstructs or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or interment is guilty of a gross misdemeanor. � 68.56.010(3).
        7. Any person who knows of the existence and location of a dead body must notify the coroner in the quickest manner possible. If someone fails to notify the coroner, he or she may be guilty of a misdemeanor. � 68.50.020.

        What are the general state criminal laws for theft?

        Theft is the crime of wrongfully obtaining the property or services of another with the intent to deprive the true owner of his or her property or services. Theft may be committed by exerting unauthorized control over the property, by obtaining property by deception, or by appropriating property that is lost or misdelivered. Wash. Rev. Code � 9A.56.020. Theft of firearms, motor vehicles, livestock, shopping carts, another's identification, rental items, subscription cable services, and debit cards are treated under more specific theft laws. � 9A.56.

        Generally, the crime of theft is divided into three categories:

        1. Theft in the first degree (class B felony) is taking property or services that are worth more than $5,000 or taking anything of value from another person. � 9A.56.030; 6167.SL Sec. 7
        2. Theft in the second degree (class C felony) is taking property or services worth between $750 and $5,000 or taking a public record, writing or instrument kept with any public office, or an access device. � 9A.56.040; 6167.SL Sec. 8
        3. Theft in the third degree (gross misdemeanor) is taking property or service worth less than $750. � 9A.56.050; 6167.SL Sec. 9

      14. What are the general state criminal laws for receiving stolen property?

        Possessing stolen property includes receiving, possessing, hiding or disposing of stolen property knowing that it has been stolen. Wash. Rev. Code � 9A.56.140(1). A person can be guilty of possessing stolen property even if the person who stole the property was not convicted or identified. � 9A.56.140(2). There are specific laws for receiving stolen access devices, merchandise pallets and beverage crates.

        In general, possessing stolen property falls under one of three categories:

        1. Possessing stolen property in the first degree (class B felony) is when a person possesses stolen property worth more than $5,000. � 9A.56.150; 6167.SL Sec. 12.
        2. Possessing stolen property in the second degree (class C felony) is when the property is worth between $750-$5,000. � 9A.56.160; 6167.SL Sec. 13.
        3. Possessing stolen property in the third degree (gross misdemeanor) is when the stolen property is worth less than $750. � 9A.56.170; 6167.SL Sec. 14.

      15. What are the general state criminal laws for unlawful trespass?

        Criminal trespass in the first degree (a gross misdemeanor) is knowingly entering or remaining unlawfully in a building. Wash. Rev. Code � 9A.52.070. Criminal trespass in the second degree (a misdemeanor) is any other type of unlawful presence under circumstances that do not constitute criminal trespass in the first degree. � 9A.52.080.

        A person is not guilty of criminal trespass if the building was abandoned, or the premises was open to the public and he or she followed all the conditions imposed on access to or remaining in the premises, or if it was reasonable believe that the owner would have given permission to enter or remain on the premises. � 9A.52.090.

      16. What are the general state criminal laws for mischief (damage to property)?

        "Malicious mischief" is the crime of intentionally damaging another's property. In Washington State "malicious mischief" is subdivided into three categories that depend on the severity of the damage. In 2009, the dollar amounts for the different categories were changed. Wash. Rev. Code �� 9A.48.070-100; See 6167.SL Sec. 4-6.

        1. Malicious mischief in the first degree: A person knowingly and maliciously causes more than $5,000 worth of "physical damage" to the property of another or causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state or a public utility or mode of public transportation, power of communication. It is a class B felony. � 9A.48.070; � 9A.48.100; amended in 2009 6167.SL Sec. 4.
        2. Malicious mischief in the second degree: A person knowingly and maliciously causes more than $700 of "physical damage" to the property of another or creates a substantial risk of interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, or a public utility or mode of public transportation, power or communication. It is a class C felony. � 9A.48.080; � 9A.48.100; amended in 2009 6167.SL Sec. 5.
        3. Malicious mischief in the third degree: Malicious mischief in the third degree is a gross misdemeanor. A person knowingly and maliciously causes less than $250 of "physical damage" to the property of another, including damage to electronic records or information. Or a person writes, paints, or draws any inscription, figure or mark of any type on any public or private building or other structure or any real or personal property owned by any other person without his or her permission. � 9A.48.090; � 9A.48.100; amended in 2009 6167.SL Sec. 6.

      17. What are the general state criminal laws for hate crimes?

        In Washington state, hate crimes are referred to as "malicious harassment" and are class C felonies. Wash. Rev. Code � 9A.36.080; 5952.SL. A person is guilty of malicious harassment if he or she intentionally physically injures another person because of his or her perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or handicap. � 9A.36.080(1)(a). Causing physical damage to or destroying another's property is also "malicious harassment" when it is done for this purpose. � 9A.36.080(1)(b).

        Threats to a specific person or group are "malicious harassment" if that person or members of the specific group reasonably fear harm to themselves or their property. � 9A.36.080(c). Words by themselves do not constitute malicious harassment unless the context or circumstances indicate the words are a real threat and the person has the ability to carry it out.

    2. Acts Prohibited by Law and Subject to Civil or Administrative Sanctions

      1. How is the excavation of historical and archaeological resources restricted in this state?

        The Washington state legislature appreciates that the public has an interest in the protection of the state's archaeological resources, and the knowledge to be derived and gained from the scientific study of these resources. Wash. Rev. Code � 27.53.010. Laws are in place to restrict and regulate the excavation of historical and archaeological resources in recognition of these valuable resources and the legislature's goal to protect them.

        Permits are generally required on private and public lands to dig into or excavate any historic or prehistoric archaeological resource or site, or remove any archaeological object from such a site. � 27.53.060.

      2. How is the collection or removal of historical and archaeological resources restricted in this state?

        Similar to excavation, permits are generally required on private and public lands to remove or alter any historic or prehistoric archaeological resource or site, or remove any archaeological object from such a site. Wash. Rev. Code � 27.53.060.

        What specific laws restrict the alienation or use of historic burial places?

        On private and public lands, all people, firms, corporations, and agencies and institutions of the state must obtain a written permit from the director of the department of archaeology and historical preservation before digging into or excavating any historic or prehistoric archaeological resource or site. Wash. Admin. Code 25-48.

    3. Time Limits for Bringing Criminal Action

      1. What time limits govern the initiation of a criminal action related to the protection of burials?

        Most felonies must be prosecuted within three years of its commission. Wash. Rev. Code � 9A.04.080(1)(h).

        No gross misdemeanor may be prosecuted more than two years after its commission. � 9A.04.080(1)(i).

        No misdemeanor may be prosecuted more than one year after its commission. � 9A.04.080(1)(j).

        The periods of limitation do not include any time when the person charged is not usually and publicly resident within Washington. � 9A.04.080(2).

    4. Time Limits for Bringing Civil Action

      1. What time limits govern the initiation of a civil action related to the protection of burials?

        In civil court cases, the plaintiff must commence the action within a specified period of time called the statute of limitations. The amount of time depends on the type of action. An action is "commenced" when a complaint is filed or process is served, whichever comes first. Wash. Rev. Code � 4.16.170. Once the statute of limitations has "run," meaning the time period is up, you can no longer bring the lawsuit in civil court. However, absence from the state, personal disability, or death may extend the time in which you are able to bring a lawsuit. � 4.16.170-230. While not an exhaustive list, the following are examples of limitations on civil actions related to burial issues:

        1. An action for the recovery of real property (land), in civil court must be brought within 10 years of the time of dispossession. � 4.16.020.
        2. An action for trespass upon real property (land) must be brought within 3 years. � 4.16.080(1).
        3. Any action for taking or injuring personal property must be brought within 3 years. � 4.16.080(2).
        4. An action against a coroner for something done in his official capacity and by virtue of his office must be brought within 3 years. � 4.16.080(5).
        5. Actions or claims arising from construction, repair, survey, engineering, or improvements upon land must be brought within 6 years from the substantial completion of construction or the end of the service, whichever is later. � 4.16.310

  2. Sanctions

    1. Criminal

      1. What are the general criminal fines and penalties for misdemeanors and felonies in the state?

        * There are slight differences between penalties for crimes committed before July 1, 1984 and crimes committed after July 1, 1984.

        For felonies committed before July 1, 1984 (RCW 9A.20.020) the general fines and penalties are:

        1. Class A felony: imprisonment in a state correctional institution for a maximum term of a minimum of 20 years, or by a maximum fine of $50,000, or both.

        2. Class B felony: imprisonment in a state correctional institution for a maximum term of not more than 10 years, or by a fine in an amount fixed by the court of not more than $20,000, or both.

        3. Class C felony: imprisonment in a state correctional institution for a maximum term of not more than 5 years, or by a fine in an amount fixed by the court of not more than $10,000, or both.

          Wash. Rev. Code � 9A.20.020

        For misdemeanors committed before July 1, 1984 the general fines and penalties are:

        1. Gross Misdemeanor: imprisonment in the county jail for a maximum term fixed by the court of not more than 1 year, or by a fine in an amount fixed by the court of not more than $5,000, or both.

        2. Misdemeanor: imprisonment in the county jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1000, or both.

          � 9A.20.020

        For crimes committed after July 1, 1984:

        Unless a different maximum sentence for a classified felony is specifically established by statute, the maximum fines and penalties for a felony are:

        1. Class A felony: confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of $50,000, or both.

        2. Class B felony: confinement in a state correctional institution for a term of 10 years, or by a fine in an amount fixed by the court of $20,000, or both.

        3. Class C felony: confinement in a state correctional institution for 5 years, or by a fine in an amount fixed by the court of $10,000, or both.

        For misdemeanors the general fines and penalties are:

        1. Gross misdemeanor: imprisonment in the county jail for a maximum term of not more than 1 year, or by a fine in an amount fixed by the court of not more than $5,000, or both.

        2. Misdemeanor: imprisonment in the county jail for a maximum of not more than 90 days, or by a fine of not more than $1,000, or both. Wash. Rev. Code � 9A.20.021

        In either case, restitution may be an alternative to a fine if a person has gained money or property or caused a victim to lose money or property through the commission of a crime. The court may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of what the defendant gained or the victim lost. It is the prosecuting attorney's duty to investigate the alternative of restitution and to recommend it to the court when appropriate. Wash. Rev. Code 90A.20.030

      2. What are the class designations for misdemeanors and felonies in the state

        There are three classifications of felonies each with their own level of penalties:

        1. Class A felony

        2. Class B felony

        3. Class C felony

        There are also misdemeanors and gross misdemeanors.

        1. A misdemeanor is any crime that is punishable by a fine less than or equal to $1,000, or by imprisonment in a county jail for up to 90 days, or by both such a fine and imprisonment. Whenever the performance of any act is prohibited by statute and there is no penalty for the violation imposed, the committing of such an act is a misdemeanor.

        2. All crimes other than felonies and misdemeanors are gross misdemeanors. Wash. Rev. Code � 9A.20.010

    2. Civil or Administrative

      1. What are the civil sanctions related to burial protection in the state?

        Any person who unlawfully damages graves, markers, statuary, shrubs, etc. is liable in a civil action by and in the name of the cemetery authority, to pay all damages occasioned by his or her unlawful acts. The sum recovered by the cemetery authority is used to repair and restore the property that was damaged or destroyed. Wash. Rev. Code � 68.56.020.

        Apart from any criminal prosecution, an Indian tribe or one of its members, can bring a civil action to secure an injunction, damages or other appropriate relief against any person who has violated the laws protecting Indian graves. Wash. Rev. Code � 27.44.050. The action must be brought within two years of the discovery of the violation by the plaintiff. The action may be filed in the superior or tribal court of the county in which the grave, remains, or artifacts are located, or in the superior court of the county within which the defendant resides. � 27.44.050(1). If the plaintiff prevails the court may award reasonable attorney's fees, grant injunctive relief or other equitable relief, including forfeiture of any artifacts or remains acquired or equipment used in the violation. � 27.44.050(3)(a)-(b). The plaintiff will recover imputed damages of $500 or actual damages (including special and general damages and damages for emotional distress), whichever is greater. � 27.44.050(3)(c). If the plaintiff proves that the violation was on purpose, he or she may recover punitive damages regardless of whether or not actual damages were proven. � 27.44.050(3)(d). All punitive damages are paid to the department of archaeology and historic preservation for the purposes of Indian historic preservation and to cover the cost of reinterment expenses. � 27.44.050(3)(d). If the defendant prevails, the court may award reasonable attorney's fees to the defendant. � 27.44.050(4)

      2. What are the administrative sanctions related to burial protection in the state?

        The excavation of human remains or archaeological resources is unlawful if a person fails to obtain a required permit or if a person does not comply with the provisions of a permit that was issued. If someone excavates unlawfully he or she is responsible for:

        1. The reasonable costs of an independent professional archaeologist's investigation of the alleged violation

        2. Reasonable costs of restoring the site

        3. Civil penalties, as determined by the director (no more than $5,000 per violation)

        4. Any and all artifacts in possession of a violator will become the property of the state until proper identification of ownership is determined by the director. Wash. Rev. Code � 27.53.095

  3. Preservation of Burials and Compliance Therewith

    The Washington state legislature has recognized that the public has an interest in the conservation and preservation of the state's archaeological resources, and the knowledge to be derived and gained from the scientific study of these resources. Therefore, laws exist to regulate the destruction and removal of archaeological resources from public lands. The legislature has also declared that it is in the public interest of the people of the state of Washington to encourage maintenance, improvement, and preservation of privately owned historic landmarks. In this vein, the legislature has enacted laws to encourage private landowners to notify the appropriate authorities when discoveries of archaeological resources are made.

    1. Laws Related to Preservation of Burials

      1. How are future interests in property involving burials subject to the rule against perpetuities?

        The rule against perpetuities prevents future interests in land and personal property from vesting (becoming possessory) too far in the future. After property is dedicated to cemetery purposes it permanently becomes a cemetery. Neither the dedication nor the title of a plot owner are affected if the cemetery authority disbands, or if the land is not used, if ownership of the land is transferred (sale, gift, will), or if there are any encumbrances on the land (easements, mortgage, liens). Wash. Rev. Code � 68.24.070. Normally, this would violate the rule against perpetuities, however, by Washington statute, when land is dedicated for cemetery purposes, the rule against perpetuities is not applicable out of respect for the dead and because it benefits the general public. � 68.24.080.

      2. How can the state exercise eminent domain over a cemetery or historic property?

        As provided in the Washington State Constitution, no private property shall be taken or damaged for public or private use without just compensation. State Constitution Art. 1 � 16 (Amendment 9). When a cemetery district takes or damages property in order to carry out the purposes of the cemetery, it is for a public use and therefore, any cemetery district may exercise the power of eminent domain to acquire any property, either inside or outside the district. Wash. Rev. Code � 68.52.200. When exercising the power of eminent domain the cemetery district follows the laws for the appropriation of real property by private corporations. For more information on eminent domain procedures for corporations and cemeteries see Wash. Rev. Code � 8.20.

      3. How are conservation and preservation easements created in this state?

        Conservation easements are created by legal agreement between a landowner and a land trust, a private, non-profit organization with a mission to conserve land and resources ("a nonprofit nature conservancy corporation"). Wash. Rev. Code � 64.04.130. The agreement restricts the uses or development that may take place on a property. Conservation easements, like preservation easements, are virtually permanent and "run with the land" binding future owners in addition to the landowner who originally makes the agreement. Common provisions in a conservation easement include limiting or prohibiting the subdivision of a property, commercial and industrial activities and any other activities that might disturb wildlife habitat.

        The landowner and the land trust identify appropriate uses for the land and detail activities that should be prohibited. Prior to the agreement, the land trust evaluates the property to determine the conservation values, desires of the owners, and the practicality of preserving the natural attributes of the property. Once the agreement has been drafted, signed and recorded, the land trust becomes the easement holder and is responsible for preparing a plan for the stewardship of the property, implementing any restoration and enhancement aspects, supervising any public uses, and monitoring the property to insure that it is adequately protected. When necessary, the land trust takes appropriate action to enforce the terms and conditions of the easement. A conservation easement may qualify as a charitable deduction for income taxes if the easement meets IRS criteria.

        The following is a list of land trusts in Washington state:

        1. American Farmland Trust
        2. Bainbridge Island Land Trust
        3. Blue Mountain Land Trust
        4. Cascade Land Conservancy
        5. Chehalis River Basin Land Trust
        6. Chelan-Douglas Land Trust
        7. Columbia Land Trust
        8. Cowiche Canyon Conservancy
        9. Great Peninsula Conservancy
        10. Inland Northwest Land Trust
        11. Jefferson Land Trust
        12. Kittitas Conservation Trust
        13. Lummi Island Heritage Trust
        14. Methow Conservancy
        15. Nisqually Land Trust
        16. North Olympic Land Trust
        17. Okanogan Valley Land Council
        18. PCC Farmland Fund
        19. San Juan Preservation Trust
        20. Skagit Land Trust
        21. Skagitonians to Preserve Farmland
        22. South of the Sound Community Farmland Trust
        23. Tapteal Greenway
        24. Vashon-Maury Island Land Trust
        25. Whatcom Land Trust
        26. Whidbey Camano Land Trust
        27. Yakima Greenway Foundation

        Preservation easements are created by voluntary agreements in which a property owner grants a portion of, or interest in, his or her property rights to an organization whose mission includes historic preservation ("a nonprofit historic preservation corporation"). � 64.04.130; See example of preservation easement. A preservation easement may cover a fa�ade or an entire historic building, archaeological sites, historic gardens, landscapes, scenic views, agricultural and open spaces. The owner of a historic or cultural property may receive considerable federal tax benefits by granting a preservation easement. Once the easement is recorded, it becomes part of the property's chain of title and usually "runs with the land" in perpetuity, and therefore binds not only the owner who originally granted the easement but all future owners as well.

        In Washington, the following organizations accept preservation easements:

        1. Washington State Department of Archaeology & Historic Preservation
        2. Jefferson Land Trust
        3. The San Juan Preservation Trust
        4. Spokane City/County Historic Preservation Office

      4. How does the state create authorized rights-of-way through cemetery property?

        After land becomes dedicated as a cemetery, a railroad, street, road, alley, pipeline, poleline or other public thoroughfare or utility cannot be laid out, through, over or across any part of the cemetery without the consent of the cemetery authority or of at least two-thirds of the owners of cemetery plots. Wash. Rev. Code � 68.24.180. Any person who makes or opens a road, railway, turnpike, canal or other public easement through or upon any property � not just a cemetery � used for the burial of human remains without authority of law or the consent of the owner, will be guilty of a misdemeanor. � 68.24.190.

      5. To what extent is burial grounds and cemeteries open to the public in this state?

        Burial records kept by cemeteries are always open to public inspection. Wash. Rev. Code � 70.58.260.

        No further information about the public's right to access burial grounds and cemeteries could be found in Washington State's Revised Code.

      6. How are the transfer of cemetery lots and the disposition of cemetery land regulated?

        Prior to any sale or transfer of ownership or control of any cemetery, or the creation of a new cemetery, the new owner must apply in writing to the cemetery board for a new certificate of authority to operate a cemetery. Wash. Rev. Code � 68.05.115. One condition of applying for a new certificate is that the new owner must agree to take over all prearrangement contracts. Failure to comply with this section is a gross misdemeanor and any sale or transfer in violation of this section is void. � 68.05.115.

        It is important to remember that property dedicated to cemetery purposes may only be held and used for cemetery purposes. The only way to transfer or sell cemetery land for noncemetery purposes is to bring a proceeding in superior court to remove the dedication. Until the court holds a hearing and removes the dedication, the cemetery land can only be used for cemetery purposes.

      7. How will the state regulate or sell unsuitable or condemned cemetery property?

        We are unable to locate material relevant to this question at this time.

      8. What is the procedure for abandoning burial grounds or cemetery lots?

        Property dedicated to cemetery purposes shall be held and used exclusively for cemetery purposes, until the dedication is removed by an order and decree of the superior court of the county in which the property is located.

        The cemetery authority must bring a proceeding to the superior court for that purpose and notice of the hearing must be published once a week for at least three consecutive weeks in a newspaper of general circulation in the county where the cemetery is located. Copies of the notice must also be posted in three conspicuous places on the portion of the property that is to considered for removal. Wash. Rev. Code � 68.24.100. The notice should describe the portion of the cemetery property that is being proposed for removal from dedication and state that all human remains have been removed or that no interments have been made in that portion of the cemetery. � 68.24.090.

        The superior court will only issue the order and decree after finding that either no placements of human remains were made in that portion or the property or that all placements of human remains have been removed. Notice of the proposed removal of dedication must be given in writing to both the cemetery board and the department of archaeology and historic preservation at least 60 days before filing the proceedings in superior court.

        Any cemetery, "abandoned cemetery", "historical cemetery", or "historic grave" that has not been dedicated according to the current procedures required by law, are automatically considered permanently dedicated. � 68.60.020; � 68.24.070; see � 68.60.010 (1)-(3) (defining cemetery terms).

      9. What is the procedure for removing or replacing headstones?

        We are unable to locate material relevant to this question at this time.

      10. How will the state preserve historical or archaeological resources threatened by public construction or public works?

        The Department of Archaeology and Historic Preservation provides information to state, federal, and private construction agencies regarding the possible impact of construction activities on Washington state's archaeological resources. Wash. Rev. Code � 27.53.020. Required to investigate impact on environment which includes archaeological resources.

      11. What are the procedures for excavating or removing remains or archaeological resources on public lands?

        The Washington state legislature appreciates that the public has an interest in the protection of the state's archaeological resources, and the knowledge to be derived and gained from the scientific study of these resources. Wash. Rev. Code � 27.53.010. Laws are in place to restrict and regulate the excavation of historical and archaeological resources in recognition of these valuable resources and the legislature's goal to protect them.

        Permits are generally required on private and public lands to excavate any historic or prehistoric archaeological resource or site, or remove any archaeological object from such a site. � 27.53.060

        Professional archaeologists may enter public lands to conduct studies, including site sampling, after notifying the entity responsible for managing those lands as long as the studies do not interfere with the normal management of that land. � 27.53.080(1). The professional archaeologist or an institution of higher education and the agency responsible for the lands must reach an agreement and file it with DAHP before conducting any scientific excavations. � 27.53.080(1). The results of the studies must be provided to the state agency responsible for the land and the Department of Archaeology and Historic Preservation (DAHP) and will remain confidential unless the director of the DAHP declares otherwise in writing. � 27.53.080(1).

        Amateur societies may also engage in site studies and excavation by submitting a written proposal detailing the scope and duration of the activity to the responsible agency and the DAHP. � 27.53.080(2). The findings and results of the activities are communicated to the approving agency and to the DAHP. � 27.53.080(2)

      12. What are the procedures for excavating or removing remains or archaeological resources on private lands?

        Field investigations on privately owned lands are discouraged except in accordance with the laws that apply to public lands. People having knowledge of the location of archaeological sites or resources are encouraged to communicate such information to the department of archaeology and historic preservation. In an effort to protect the site from damage, the reported information does not become public record requiring disclosure. Wash. Rev. Code � 27.53.070.

      13. What are the procedures for discoveries of human remains and artifacts of cultural significance?

        In the case of accidental discovery or disturbance, any activity that may further disturb the grave must be stopped and reasonable efforts must be taken to protect the area from further disturbance. Wash. Rev. Code � 27.44.055(2)(a-b). Construction, mining, logging, and agricultural activity are examples of ground-disturbing activity that may lead to accidental disturbances. � 27.44.040(1).

        Any person who discovers skeletal human remains accidentally must notify the coroner and local law enforcement as quickly as possible. Any person who knows of the existence of human remains and fails to give notice is guilty of a misdemeanor unless he or she has a good reason to believe that the coroner and local law enforcement already have notice. �; See Guidelines for the Discovery of Human Remains, Washington State Department of Archaeology and Historic Preservation; see also Washington State Medical Examiner's and Coroner's Offices, Washington State Department of Archaeology and Historic Preservation.

        The coroner will then make a determination whether the skeletal human remains are "forensic" or "non-forensic" within five business days. � 27.44.055. If the remains are forensic, the coroner retains jurisdiction. � 68.50.010. If the remains are nonforensic the coroner notifies the department of archaeology and historic preservation within 2 business days and that department will have jurisdiction over the remains until ownership is determined. � 27.44.055(a).

        The department of archaeology and historic preservation then notifies local cemeteries and affected Indian tribes and contacts tribal cultural resources staff. � 27.44.055(3)(b). "Affected tribes" include federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found, federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation, and other tribes with historical and cultural affiliation in the jurisdiction. � 27.44.055(4)(a). The state physical anthropologist will make an initial determination of whether the skeletal human remains are Indian or non-Indian to the extent that that determination is possible. �27.44.055(3)(c). If the remains are determined to be Indian, the department must notify all affected Indian tribes by certified mail to the head of the appropriate tribal government within 2 business days and contact the appropriate tribal cultural resources staff. � 27.44.055(3)(c). The affected tribes then have 5 business days to respond by telephone or writing to the department as to their interest in the remains. � 27.44.055(3)(d).

      14. What are the procedures for the disposition of human remains and funerary artifacts?

        Permits are required to bury, deposit in a vault, grave or tomb, cremate, or otherwise dispose of human remains. Wash. Rev. Code � 70.58.230 Permits are also required to disinter or remove human remains from one registration district to another. � 70.58.230. Additionally, a permit is required to hold human remains of any person who died in Washington State for more than 3 business days after that person's death. � 70.58.230. Permits are granted by the local registrar of the district in which the death occurred or in which the remains were found. If the death occurred outside Washington State, the human remains must be accompanied by a removal or transit permit issued in accordance with the law and health regulations in force where the death occurred. � 70.58.230. Alternatively, a special permit for bringing human remains into Washington may be obtained from the state registrar.

        All burials, cremations or other disposition of human remains in any cemetery or burial ground must be accompanied by a burial, removal or transit permit. � 70.58.260. The director of the cemetery or other person in charge of the premises is responsible for endorsing upon the permit the date and type of disposition (i.e. burial or cremation), over his or her signature or electronic approval, to return all permits to the local registrar of the district where the death occurred, and to keep a record of all human remains disposed of on the premises. � 70.58.260; 1515.SL Sec. 7. In the event that there is "no person in charge" the undertaker will sign or electronically approve the burial, removal or transit permit. � 70.58.260; 1515.SL Sec. 7.

      15. What are the procedures for the removal and re-interment of human remains from cemeteries?

        Archaeological material cannot be removed from cemeteries or any other land unless it is destined for reburial or perpetual preservation in a recognized archaeological repository. Permission for scientific research and removal must be granted by the state historic preservation officer. Whenever a request for permission to remove records or material is received, the state historic preservation officer shall notify the affected Indian tribe or tribes. Wash. Rev. Code � 27.44.020.

        A person who disturbs native Indian graves accidentally shall reinter the human remains under the supervision of the appropriate Indian tribe. � 27.44.040(1). The expense of reinterment are covered by the Department of Archaeology and Historic Preservation. � 27.44.040(1); � 27.34.220(5)

      16. How does the state regulate the opening and construction of highways through burial grounds or cemeteries?

        After land becomes dedicated as a cemetery, a railroad, street, road, alley, pipeline, poleline or other public thoroughfare or utility cannot be laid out, through, over or across any part of the cemetery without the consent of the cemetery authority or of at least two-thirds of the owners of cemetery plots. Wash. Rev. Code � 68.24.180. Any person who makes or opens a road, railway, turnpike, canal or other public easement through or upon any property � not just a cemetery � used for the burial of human remains without authority of law or the consent of the owner, will be guilty of a misdemeanor. � 68.24.190.

      17. How does the state identify, preserve, and control Native American sacred sites?

        Archaeological material cannot be removed from cemeteries or any other land unless it is destined for reburial or perpetual preservation in a recognized archaeological repository. Permission for scientific research and removal must be granted by the state historic preservation officer. Whenever a request for permission to remove records or material is received, the state historic preservation officer shall notify the affected Indian tribe or tribes. Wash. Rev. Code � 27.44.020.

        A person who disturbs native Indian graves accidentally shall reinter the human remains under the supervision of the appropriate Indian tribe. � 27.44.040(1). The expense of reinterment are covered by the Department of Archaeology and Historic Preservation. � 27.44.040(1); � 27.34.220(5)

      18. How does the state preserve historical lands from surface mining?

        An inadvertent disturbance that occurs during mining is an accidental disturbance and must be properly reported. Wash. Rev. Code � 27.44.040.

      19. What are the procedures for the exploration of submerged graves and underwater sites?

        Archaeological activities on state-owned aquatic lands may be conducted after consultation with the director of community, trade, and economic development. The department of archaeology and historic preservation may enter into agreements, leases, or other conveyances for archaeological activities on state-owned aquatic lands. Wash. Rev. Code � 79.105.600.

      20. How is activity affecting aquatic beds regulated?

        The Department of Archaeology and Historic Preservation (DAHP) can enter into agreements, leases or other conveyances for archaeological activities on state-owned aquatic lands. Prior to entering into such an agreement, the DAHP must consult with the director of Community, Trade and Economic Development. Wash. Rev. Code � 79.105.600.

      21. What are the procedures for transferring land and property containing historic or cultural resources?

        We are unable to locate material relevant to this question at this time.

      22. What miscellaneous laws exist in this state to preserve human remains, burial places, and funerary objects?

        All laws to preserve human remains, burial places and funerary objects have been explained elsewhere in this annotation.

      23. What public health regulations exist for the removal and burial of human remains?

        Human remains must be buried in a cemetery or deposited in a building dedicated exclusively for religious purposes. Wash. Rev. Code � 68.50.130. Cremated human remains may be scattered on private property with the consent of the property owner and on public or government lands or waters with the approval of the government agency that has jurisdiction or control or both. � 68.50.130.

        Pursuant to statute, the State Board of Health has enacted regulations for the handling of human remains. � 43.20.050; see Wash. Admin. Code � 246-500-020 (outlining procedures for handling human remains); � 246-500-030 (refrigeration and embalming human remains); � 246-500-040 (transportation of human remains)

      24. How is environmental impact measured for historic and archeological resources?

        The State Environmental Policy Act (SEPA) requires state and local agencies to consider the likely environmental consequences of a proposal during the environmental review process before approving or denying the proposal. See Wash. Rev. Code � 43.21C. Any proposal with probable significant adverse impacts on the quality of the environment must complete an Environmental Impact Statement (EIS). Wash. Admin. Code � 191-11-060. To determine whether a project has a "probable significant adverse impact" the applicant completes an environmental checklist. � 191-11-060.

        As one of the purposes of SEPA is "to preserve important historic, cultural and natural aspects of our national heritage" during commercial or residential development, Wash. Rev. Code � 43.21C.020(2)(d), question 13 on the checklist deals with Historic and Cultural Preservation and asks applicants to answer address three issues � 191-11-060:

        1. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, briefly describe.

        2. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site.

        3. Proposed measure to reduce or control impacts, if any.

        �Under SEPA, the Department of Archaeology and Historic Preservation (DAHP) provides formal opinions to local governments and other state agencies on a site's significance and the impact of proposed projects upon such sites.

  4. Decision-Making

    1. Authorities Empowered to Make Decisions Affecting Burials

      1. How is a cemetery association formed in this state?

        Cemetery districts are formed by a petition and hearing process. The petitioner must describe the proposed area, obtain the signatures of at least 10% of registered voters in the boundaries of the proposed district, and affirm that the establishment of the cemetery district is for the public welfare and convenience. Wash. Rev. Code � 68.52.100.

        The Washington State Cemetery Association (WSCA) is a nonprofit organization dedicated to the research, protection, restoration, and preservation of old and abandoned cemeteries in Washington state. People can become members by filling out a form and paying a $12 membership fee ($6 for students).

      2. Who has the right to conduct archaeological field excavations?

        The excavation and removal of archaeological materials, and the excavation and removal of Native American human remains require a permit from the Department of Archaeology and Historical Preservation. Wash. Rev. Code � 27.34.220; � 27.53.140; see Wash. Admin. Code � 25-48-060 (listing information required for a permit application). The Department then contacts affected Indian Tribes, the Association of Washington Archaeology, and affected local governments and landowners to notify them of the proposed field excavations. A permit will be issued if the proposed excavation meets the guidelines set by the Department. � 25-48-090.

        The person conducting the excavation must meet the minimum qualifications of a "professional archaeologist" meaning he or she has designed and executed an archaeological study and has an advanced degree in archaeology, anthropology or history from an accredited institution of higher education. � 25-48-020(4)(a). The archaeologist must also have a minimum of one year of field experience with at least 24 weeks of field work (both reconnaissance work and laboratory experience) under the supervision of a professional archaeologist. � 25-48-020(4)(b).

        Persons, firms, corporations, institutions, or agencies which discover a previously unreported historic archaeological resource on state-owned aquatic lands and report the site or location to the Department of Archaeology and Historic Preservation have a "right of first refusal" to future salvage permits for the recovery of that resource. Wash. Rev. Code � 27.53.100. The "right of first refusal" means that if someone else submits a salvage permit, the person who first reported the resource can choose to submit his or her own permit application and the DAHP will consider it first. � 27.53.100. The "right of first refusal" lasts for 5 years but if someone submits a permit application, the right must be exercised within 60 days. � 27.53.100.

      3. Who has custody rights of discovered human remains?

        Prehistoric or archaeological human remains that are located in, on, or under the surface of any land or water owned by or under the possession, custody, or control of the State of Washington or any county, city, or political subdivision of the state are under the custody of the state of Washington. Wash. Rev. Code � 27.53.040. Forensic human remains fall under the jurisdiction of the coroner.

      4. Who has the ownership rights of archaeological specimens or objects of cultural significance?

        The salvor of a shipwreck belonging to the state of Washington may retain objects with a value of up to 90% of the appraised value of the total objects recovered, or cash, or a combination of objects and cash. Wash. Rev. Code � 27.53.110. However, the state has first choice of which objects it may wish to retain for display purposes for the people of the state. Title to the objects passes to the salvor when the permit is issued. but if the salvor fails to full perform under the terms of the contract, title to all objects recovered reverts to the state. � 27.53.110(e).

        The salvor of a historic aircraft belonging to the state of Washington will not retain title to the aircraft. Title to the aircraft may only be passed by the state to a museum, historical society, nonprofit organization or governmental entity.

      5. What rights do nonresidents of the state maintain?

        A nonresident spouse of a former Washington resident who is buried in a Washington state veterans home cemetery may request burial in the same veterans cemetery, unless the spouse has remarried. Wash. Admin. Code � 484-20-145; Wash. Rev. Code � 43.60A.070.

      6. What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?

        The cemetery board can enforce the provisions on cemeteries, morgues and human remains. The board can supply evidence to the attorney general or proper prosecuting attorney, who may in his or her discretion, in addition to any other action the board might commence, bring an action against anyone in violation of the law. Wash. Rev. Code � 68.05.090.

      7. Who has dominion and control of state historic or archaeological resources?

        The state of Washington has dominion and control of state archaeological resources. Wash. Rev. Code � 27.53.040. Archaeological resources are those sites, objects, and structures of prehistorical or archaeological interest that are located on lands or waters owned by or under the possession, custody or control of the state of Washington, or any county, city, or political subdivision of the state. � 27.53.040. Archaeological resources include prehistoric and historic American Indian or aboriginal burials, campsites, dwellings, and habitations sites such as rock shelters or caves. � 27.53.040. In addition to sites and structures, cultural artifacts and tools such as skeletal remains, arrowheads, grave goods, basketry, pestles, mauls and grinding stones, knives, scrapers, rock carvings and paintings are also archaeological resources. � 27.53.040.

      8. Who sits on the state historical commission, and how are these members appointed?

        In Washington, the state historical commission is called the advisory council on historic preservation. Wash. Rev. Code � 27.34.250. The council is composed of a total of nine members and each is appointed by the governor to serve a four-year term. � 27.34.250(1)(2). One member must be a representative of a local or state heritage organization, six members must be chosen from the public and have an interest and experience in historic preservation matters, one member must be a representative from the Washington archaeological community, and one member must be a Native American. � 27.34.250(1)(a-d). The council meets on the last Friday of every fourth month unless otherwise agreed by a majority of the members of the council. Wash. Admin. Code � 25-12-030.

        There are two state historical societies � the Washington State historical society and the state capital historical association. Wash. Rev. Code � 27.34.010. Since 1993, these two agencies have been managed by a single entity � the Washington State historical society � while maintaining their unique missions and programs. � 27.34.010. The governing board of the state historical society appoints its director with the consent of the governor. � 27.34.080. The governor may remove a director for cause or if a majority of the society's governing board votes for removal. � 27.34.080.

      9. Who sits on the state historic preservation board, and for how long?

        The Department of Archaeology and Historic Preservation (DAHP) is Washington State's primary agency and advocate for the preservation of Washington's historic and cultural resources. The agency was established in 1967 in response to the National Historic Preservation Act.

        The chief executive officer of the DAHP is the director of the department of archaeology and historic preservation and is appointed by the governor, with the consent of the senate. Wash. Rev. Code �43.17.020; � 43.334.020. The director may employ assistants and personnel as necessary for the general administration of the department. � 43.334.030. The director also appoints a state physical anthropologist with the minimum qualifications. � 43.334.075(1). The state physical anthropologist investigates, preserves, and, when necessary, removes and reinters discoveries of nonforensic skeletal human remains. � 43.334.075(2). He or she is also available to assist local governments or any federally recognized tribal government within Washington in determining whether discovered skeletal human remains are forensic or nonforensic. � 43.334.075(2). Forensic remains are those that fall under the jurisdiction of the coroner. � 68.50.010.

    2. Scope of Authority

      1. What powers and responsibilities are delegated to cemetery associations in this state?

        Cemetery associations are nonprofit associations that do not have any special powers or responsibilities.

        Cemetery districts are deemed municipal corporations and possess all the usual powers of corporations for public purposes. They have full authority to carry out the goals of the districts and are empowered to acquire, hold, lease, manage, occupy and sell real and personal property. Cemetery districts may enter into contracts and borrow money. They may appoint and employ officers, agents, and employees. They may also issue general obligation bonds and levy and enforce the collection of taxes against the lands within the district. Wash. Rev. Code � 68.52.190.

      2. How are cemetery sales records to be kept?

        The Department of Archaeology and Historic Preservation (DAHP) develops and maintains a centralized database and geographic information system (GIS) of all known cemeteries and burial sites in Washington State. Wash. Rev. Code � 27.34.415. Most of the information in the database may be disclosed to the public.

        In an effort to protect archaeological sites from looting, the department does not have to disclose information identifying the location of those sites. � 42.56.300(1). Additionally, the department does not have to disclose the identification and location of archaeological sites, historic sites, artifacts, or the sites of traditional religious, ceremonial or social uses and activities of affected Indian tribes. � 42.56.300(2). However, this information may be available by confidentiality agreement to federal, state, and local agencies for purposes of environmental review and to tribes in order to participate in environmental review, protect their ancestors and perpetuate their cultures. � 27.34.415.

        Every director of a cemetery must also keep records of keep a record of all human remains disposed of on the premises. � 70.58.260.

      3. What power does the state have to acquire or purchase property of historic or archaeological significance?

        We are unable to locate material relevant to this question at this time.

      4. How does the state manage park and historical sites?

        We are unable to locate material relevant to this question at this time.

      5. What are the powers of municipal and county governments regarding park and historical sites?

        We are unable to locate material relevant to this question at this time.

      6. How do county and municipal governments oversee cemetery property?

        Cities and towns may own land for cemetery purposes and sell lots. Wash. Rev. Code � 68.52.040. Cities and towns may arrange by ordinance to invest the proceeds from the sale of cemetery lots and use the income from those investments to maintain the lots or improve the cemetery. � 68.52.040. All money received from the sale of lots is deposited with the city treasurer and contained in a "cemetery improvement fund." � 68.52.050. The city may also choose to invest in erecting or preserving structures, fences or walkways, tombs, monuments, gravestones, fences or railings, or landscaping. � 68.52.040.

        Alternatively, the legislative body of any city or town may, by ordinance, create a cemetery board. � 68.52.045. The cemetery board is appointed by the mayor in mayor-council cities, by the city commission in cities operating under commission form of government, any by the city manager in cities and towns operating under the council-manager form of government. � 68.52.045.

      7. What are the powers and duties of the state historical commission?

        The advisory council on historic preservation advises the governor and the Department of Archaeology and Historic Preservation on matters relating to historic preservation, it recommends measures to coordinate activities of state and local agencies, private institutions, and individuals relating to historic preservation, and advises on the dissemination of information pertaining to such activities. Wash. Rev. Code � 27.34.270(1). The advisory council also reviews and recommends nominations for the national register of historic places to the preservation officer and the director. Wash. Rev. Code � 27.34.270(2).

        The Washington state historical society is designated a "trustee for the state" and all objects, sites, manuscripts, photographs, and all property, including real property is held by the society in trust for the use and benefit of the people of Washington state. The Washington state historical society has the following powers and duties: Wash. Rev. Code � 27.34.070

        1. To collect, catalog, preserve, an interpret objects, manuscripts, sites, photographs and other materials illustrative of the cultural, artistic, and natural history of Washington
        2. To operate state museums and assist and encourage cultural and historical studies and museum interpretive efforts throughout the state, including those sponsored by local historical organizations, and city, county and state agencies.
          1. See Washington State History Museum
          2. See State Capital Museum
          3. See Washington State History Research Center
        3. To engage in cultural, artistic, and educational activities, including classes, exhibits, seminars, workshops and conferences
        4. To plan for an conduct celebrations of significant events in the history of the state of Washington and to give assistance to and coordinate with state agencies, local governments, and local historical organizations in planning and conducting celebrations
        5. To create membership in the society
        6. To engage in the sale of various articles which are related to the basic purpose of society
        7. To engage in appropriate fund-raising activities for the purpose of increasing the self-support of the society
        8. To accept gifts, grants, bequests, devises of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest or expend the same or the proceeds, rents, profits, and income except as limited by the donor's terms.
        9. To accept on loan or lend objects of historical interest, and sell, exchange, divest itself of or refuse to accept items which do not enhance the collection
        10. To charge general or special admission fees to museums or exhibits, and to waive or decrease such fees as it finds appropriate

      8. How does the state historical commission register or include historical property?

        There are two types of Washington state historic registers � the Washington Heritage Register, Wash. Rev. Code � 27.34.220(1), and the new Heritage Barn Register, � 27.34.400. The Department of Archaeology and Historic Preservation is the primary contact for both. The purpose of the registers is to identify and document significant cultural and historical resources. Listing in the register is an honorary designation that raises public awareness. While the designation of a property on the state or National register may increase one's chances of receiving grants or other funding, there is no financial incentive to listing. Historical properties must go through a nomination, notification, review, and designation process to be added to the state Register.

        Any member of the public may submit nominations to state or National Register directly to the state historic preservation officer for review and evaluation. A nomination must be complete, well-prepared, and eligible for the state or national registers of historic places to be considered by the council. Wash. Admin. Code � 25-12-060; see also State Register and National Register Forms and Guidelines. The state historical preservation officer prepares and distributes the standards of acceptability for nominations to both the state and National Register programs. The SHPO notifies the owner of the property and the most appropriate local jurisdiction or government of the date, time and location of the review of the nomination by the council. If the nomination is for an historic district where more than 50 property owners are involved, notification occurs through a notice in a local newspaper of general circulation.

        The advisory council then reviews the nominations at their regularly scheduled meeting and gives its recommendations to the SHPO. For the National Register, all council determinations are advisory only and the SHPO's decision to forward the nomination to the National Register is discretionary. For the state register, the council alone will determine if a property is eligible.

        What are the powers and duties of the state archaeological commission?

        The archaeological commission in Washington State is the Department of Archaeology and Historical Preservation. This department is responsible for the discovery, identification, excavation and study of the state's archaeological resources. It provides information on archaeological sites for their nomination to the state and National registers of historic places and maintains a complete inventory of archaeological sites and collection. It also provides information to state, federal and private construction agencies regarding the possible impact of construction activities on Washington's archaeological resources. Wash. Rev. Code � 27.53.020. The director provides guidelines for the selection of depositories designated by the state for archaeological resources. The department has limited rule-making authority to effectuate its goals. � 27.53.140.

        How is the rehabilitation and preservation of historic property conducted?

        We are unable to locate material relevant to this question at this time.

        What specific historic or cultural properties are regulated by the state's historical commission?

        The Department of Archaeology and Historical Preservation regulates all of the state's archaeological resources, including non-forensic human remains and properties listed in or eligible for listing in the Washington State Register of Historic Places, Wash. Rev. Code � 27.34.220, or the National Register of Historic Places as defined in the National Historic Preservation Act of 1966. � 27.53.020; � 27.53.030(10). The DAHP also regulates archaeological objects, defined as physical evidence of an indigenous and subsequent culture including material remains of past human life such as monuments, symbols, tools, facilities and technological by-products. � 27.53.030(2).

  5. Special Funding Sources

    1. Special Funding for Protection and Preservation of Burials

      1. How is the income from cemetery land to be used and dispersed in this state?

        We are unable to locate material relevant to this question at this time.

      2. How is a state historic acquisition and preservation fund administered?

        Any proceeds from the state's share of property under the archaeological sites and resources chapter are transmitted to the state treasurer for deposit in the general fund to be used exclusively for historic preservation and underwater archaeology. Wash. Rev. Code � 27.53.150.

      3. How are trust funds for the maintenance of cemeteries established and administered?

        Most cemetery authorities are required to create endowment care funds. Wash. Rev. Code � 68.44.010. Cemeteries controlled and operated by a coroner, county, city, town or cemetery district are exempt from this requirement. � 68.40.095. Every cemetery must have deposited $25,000 in an endowment care fund before selling any burial plots. � 68.40.010. After that initial deposit, the cemetery must deposit 10% of the gross sales price for each grave, niche, or crypt. � 68.40.010.

        Endowment care funds can only be used to provide, through income only, for the endowment care stipulated in the instrument that created the fund. � 68.44.020. They are to be kept separate and distinct from all assets of the cemetery authority. The endowment care principal is indestructible and cannot be reduced. � 68.44.020. However, it is a misdemeanor for any cemetery authority or employee to represent that an endowment care fund is perpetual. � 68.40.085.

      4. How are state historic archives maintained?

        The division of archives and records management is a part of the office of the secretary of state. The state archivist manages the archives of the state of Washington by centralizing the archives and thereby making them available for reference and scholarship and insuring their proper preservation. Wash. Rev. Code � 40.14.020(1)-(2). Safeguards against unauthorized removal or destruction of state public records are also established by the state archivist. � 40.14.020(4).

        Public records that are not longer needed in the current operation of the office where they were made or kept, or records from a committee or agency that has been discontinued should be transferred to the state archives. � 40.14.030(1). Once the records are sent to the archives, they are inspected, inventoried and catalogued. � 40.14.020(3). Records that are exempt from disclosure, such as documents identifying and locating archaeological resources and Native Indian burial grounds, are still exempt after they are transferred to the state archives, unless the archivist and the originating jurisdiction agree that the records must be made accessible to the public in order to comply with the secretary of state's rules. � 40.14.030(2). In this case, the records may be open to inspection and available for copying 75 years after the creation of the record. � 40.14.030(2).

        How may the state enter into private contracts for recovering and preserving historical artifacts?

        We are unable to locate material relevant to this question at this time.

      5. What funding exists for state historical education efforts?

        Each state historical society must submit its budget requests to the heritage council for review and comment. Wash. Rev. Code � 27.34.060.

        Public agencies, public or private organizations, or individuals may apply for grants to assist in their state historical education efforts. � 27.34.240. The amount of funding available will be apportioned among applicants by the director of the Department of Archaeology and Historical Preservation with the advice of the preservation officer, in accordance with the department's statewide preservation plans. � 27.34.240.

        Local governments, public development authorities, nonprofit corporations, tribal governments and other entities may apply to the Washington state historical society for funding of heritage capital projects. � 27.34.330. The society, with advice of leaders in the heritage field will submit a prioritized list of heritage capital projects to the governor and the legislature in the society's biennial capital budget request. � 27.34.330. The total amount of recommended state funding for projects on a biennial projects list shall not exceed 10 million dollars. � 27.34.330. State funding for the project cannot amount to more than 33% of the total cost of the project. � 27.34.330.

        The Washington Women's History Consortium is a part of the Washington state historical society and offers funding to non-profit heritage organizations, tribal governments and local government agencies located and conducting activities within the State of Washington. The grants are for programs and projects which interpret and preserve Washington women's history and create materials for use on the WHC web site. See http://www.washingtonwomenshistory.org/about/participants/localgrants.aspx

        There is also a special funding opportunity for the preservation of barns in Washington State. The Heritage Barn Preservation Fund was created to provide assistance to owners of heritage barns so these barns can be stabilized and restored and continue to serve the community. � 27.34.410.

      6. What funding exists for state museums' scientific services?

        All art, scientific, or historical collections owned by associations maintaining and exhibiting the collections to the general public and not for profit, together with all real and personal property owned by these associations and used exclusively to secure, maintain, and exhibit the collections, are exempt from taxation. Wash. Rev. Code � 84.36.060; Wash. Admin. Code � 458-16-280(3).

  6. State Recognition of Constituent Groups

    1. Laws Recognizing or Acknowledging Constituent Groups

      1. What laws are there recognizing or acknowledging constituent groups?

        There are many laws in Washington State that recognize or acknowledge constituent groups in different areas of the law including Fish and Wildlife, Health, Education, Property, and Tax.

        First peoples' language, culture, and oral tribal traditions certification program.

        Wash. Admin. Code � 181-78A-700

        Foster Care for Indian Children Wash. Admin. Code �� 388-70-091, 092, 093, 095

        Local Indian Child Welfare Committee Wash. Admin. Code �� 388-70-600, 610, 615, 620, 630, 640

        American Indian health care delivery plan. Wash. Rev. Code � 43.70.590

        Participation of non-Indians in Indian fishery forbidden. Wash. Rev. Code � 77.15.570:

        Curricula -- Tribal history and culture. Wash. Rev. Code � 28A.320.170.

        Federal Areas � Indians. Wash. Rev. Code � 37.12.110

        Alienation of land by Indians. Wash. Rev. Code � 64.20

        Settlement of Indian claims. Wash. Rev. Code � 36.32.540

        Indians � Indian country. Wash. Admin. Code � 458-20-192

      2. What tribes are recognized by the state?

        The only Washington "Indian tribes" are those currently recognized as such by the United States Department of the Interior. Wash. Admin. Code � 308-96A-400; � 458-20-192. Therefore, all 29 tribes recognized by Washington State are also recognized by the federal government. Some states have state-recognized tribes but Washington does not.

        The following is a list of tribes recognized by Washington state:

        1. Chehalis Confederated Tribes
          Chehalis Business Council
          PO Box 536
          Oakville, WA 98568
          Phone: (360) 273-5911/753-3213
          Fax: (360) 273-5914
          County: Grays Harbor/Thurston
        2. Colville Confederated Tribes
          Colville Business Council
          PO Box 150
          Nespelem, WA 99155
          Phone: (509) 634-4711
          Fax: (509) 634-4116
          County: Okanogan/Ferry
        3. Cowlitz Indian Tribe
          Cowlitz Indian Tribe
          PO Box 2547
          Longview, WA 98632-8594
          Phone: (360) 577-8140
          Fax: (360) 577-7432
          County: Cowlitz/Clark
        4. Hoh Tribe
          Hoh Tribal Business Committee
          P.O. Box 2196
          Forks, WA 98331
          Phone: (360) 374-6582
          Fax: (360) 374-6549
          County: Jefferson
        5. Jamestown S'Klallam Tribe
          Jamestown S'Klallam Indian Tribe
          1033 Old Blyn Highway
          Sequim, WA 98382
          Phone: (360) 683-1109
          Fax: (360) 681-4643
          County: Clallam
        6. Kalispel Tribe
          Kalispel Business Committee
          PO Box 39
          Usk, WA 99180
          Phone: (509) 445-1147
          Fax: (509) 445-1705
          County: Pend Oreille
        7. Lower Elwha Klallam Tribe
          Elwha Klallam Business Council
          2851 Lower Elwha Road
          Port Angeles, WA 98363
          Phone: (360) 452-8471
          Fax: (360) 452-3428
          County: Clallam
        8. Lummi Nation
          Lummi Business Council
          2616 Kwina Road
          Bellingham, WA 98226-9298
          Phone: (360) 384-1489
          Fax: (360) 380-1850
          County: Whatcom
        9. Makah Tribe
          Makah Tribal Council
          PO Box 115
          Neah Bay, WA 98357
          Phone: (360) 645-2201
          Fax: (360) 645-2788
          County: Clallam
        10. Muckleshoot Tribe
          Muckleshoot Tribal Council
          39015 172nd Avenue SE
          Auburn, WA 98092
          Phone: (253) 939-3311
          Fax: (253) 939-5311
          County: King
        11. Nisqually Tribe
          Nisqually Indian Tribe
          4820 She-Nah-Num Drive SE
          Olympia, WA 98513
          Phone: (360) 456-5221
          Fax: (360) 407-0125
          County: Thurston
        12. Nooksack Tribe
          Nooksack Indian Tribal Council
          PO Box 157
          Deming, WA 98244
          Phone: (360) 592-5176
          Fax: (360) 592-5721
          County: Whatcom
        13. Port Gamble S'klallam Tribe
          Port Gamble Business Committee
          31912 Little Boston Road NE
          Kingston, WA 98346
          Phone: (360) 297-2646
          Fax: (360) 297-7097
          County: Kitsap
        14. Puyallup Tribe
          Puyallup Tribal Council
          2002 East 28th Street
          Tacoma, WA 98404
          Phone: (253) 597-6200
          Fax: (253) 573-7929
          County: Pierce
        15. Quileute Tribe
          Quileute Tribal Council
          PO Box 279
          La Push, WA 98350
          Phone: (360) 374-6163
          Fax: (360) 374-6311
          County: Clallam
        16. Quinault Nation
          Quinault Business Committee
          PO Box 189
          Taholah, WA 98587
          Phone: (360) 276-8211
          Fax: (360) 276-4191
          County: Grays Harbor
        17. Samish Nation
          Samish Tribe of Indians
          PO Box 217
          Anacortes, WA 98221
          Phone: (360) 293-6404
          Fax: (360) 299-0790
          County: Skagit
        18. Sauk-Suiattle Tribe
          Sauk-Suiattle Indian Tribe
          5318 Chief Brown Lane
          Darrington, WA 98241
          Phone: (360) 436-0131
          Fax: (360) 436-1511
          County: Skagit
        19. Shoalwater Bay Tribe
          Shoalwater Bay Tribal Council
          PO Box 130
          Tokeland, WA 98590
          Phone: (360) 267-6766
          Fax: (360) 267-6778
          County: Pacific
        20. Skokomish Tribe
          Skokomish Tribal Council
          N. 80 Tribal Center Road
          Shelton, WA 98584
          Phone: (360) 426-4232
          Fax: (360) 877-5943
          County: Mason
        21. Snoqualmie Tribe
          Snoqualmie Tribe of Indians
          PO Box 280
          Carnation, WA 98014
          Phone: (425) 888-6551
          Fax: (425) 888-6727
          County: King
        22. Spokane Tribe
          Spokane Tribal Business Council
          PO Box 100
          Wellpinit, WA 99040
          Phone: (509) 458-6500
          Fax: (509) 458-6575
          County: Stevens
        23. Squaxin Island Tribe
          Squaxin Island Tribal Council
          SE 70 Squaxin Lane
          Shelton, WA 98584
          Phone: (360) 426-9781
          Fax: (360) 426-6577
          County: Mason
        24. Stillaguamish Tribe
          Stillaguamish Board of Directors
          3310 Smokey Point Drive
          Arlington, WA 98223
          Phone: (360) 652-7362
          Fax: (360) 659-3113
          County: Snohomish
        25. Suquamish Tribe
          Suquamish Tribal Council
          PO Box 498
          Suquamish, WA 98392
          Phone: (360) 598-3311
          Fax: (360) 598-3135
          County: Kitsap
        26. Swinomish Tribe
          Swinomish Indian Tribal Community
          11404 Moorage Way
          LaConner, WA 98257
          Phone: (360) 466-3163
          Fax: (360) 466-5309
          County: Skagit
        27. Tulalip Tribes
          Tulalip Board of Director
          6700 Totem Beach Road
          Marysville, WA 98270-9694
          Phone: (360) 716-4000
          Fax: (360) 651-4032
          County: Snohomish
        28. Upper Skagit Tribe
          Upper Skagit Tribal Council
          25944 Community Plaza
          Sedro Woolley, WA 98284
          Phone: (360) 854-7000
          Fax: (360) 854-7004
          County: Skagit
        29. Yakama Nation
          Yakama Tribal Council
          PO Box 151
          Toppenish, WA 98948
          Phone: (509) 865-5121
          Fax: (509) 865-5528
          County: Yakima/Klickitat

        For an excellent map of reservations and information on each tribe, visit the Governor's Office of Indian Affairs website or click here.

      3. Are the state-recognized tribes different from the federally-recognized tribes in the state?

        No, Washington State does not have state-recognized tribes. The following is a list of tribes included on the Washington State Tribal Directory but they are landless and non-federally recognized. Some are categorized as non-profit corporations and some, such as the Chinook and Duwamish tribes, are pending federal recognition.

        1. CHINOOK TRIBE**
          The Honorable Ray Gardner, Chair
          Chinook Indian Tribe
          PO Box 228
          Chinook, WA 98614
          Ph: 360/ 777-8303 Fax: 360/ 777-8100
          Email: chinookt-n@willapabay.org
          Website: www.chinooknation.org
          County: Pacific
        2. DUWAMISH TRIBE**
          The Honorable Cecile Hansen, Chair
          Duwamish Tribe
          4717 West Marginal Way SW
          Seattle, WA 98106
          Ph: 206/431-1582 Fax: 206/ 431-1962
          Email: dts@eskimo.com
          County: King
        3. KIKIALLUS INDIAN NATION
          Kurt Weinreich, Administrator
          2103 Harrison #143
          Olympia, WA 98502
          Email: kurtweinreich@gmail.com
          Website: www.kikiallusnation.org
          County: King
        4. MARIETTA BAND OF NOOKSACK TRIBE
          The Honorable Robert Davis, Jr., Chair
          Marietta Band of Nooksack Indians
          1827 Marine Drive
          Bellingham, WA 98226
          Ph: 360/752-0563
          County: Whatcom
        5. SNOHOMISH TRIBE
          The Honorable Michael didahalqid Evans, Officer
          Snohomish Tribe of Indians
          144 Railroad Avenue, Suite 201
          Edmonds, WA 98020
          Ph: 425/ 744-1855 Fax: 425/ 744-1971
          Email: snohomish@seanet.com
          County: Snohomish
        6. SNOQUALMOO TRIBE
          Earngy Sandstrom, Chair
          Snoqualmoo Tribe of Indians
          2613 Pacific Street
          Bellingham, WA 98226
          Ph: 360/671-1387 Fax: 360/392-0515
          Email: earngy@alo.com
          County: Island
        7. STEILACOOM TRIBE
          The Honorable Joan K. Ortez, Chair
          Steilacoom Indian Tribe
          PO Box 88419
          Steilacoom, WA 98388
          Ph: 253/ 584-6308 Fax: 253/ 584-0224
          County: Pierce

    2. Decision-Making Authorities

      1. What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?

        When any human remains are discovered the department of archaeology and historic preservation notifies local cemeteries and affected Indian tribes and contacts tribal cultural resources staff. Wash. Rev. Code � 27.44.055(3)(b). "Affected tribes" include federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found, federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation, and other tribes with historical and cultural affiliation in the jurisdiction. � 27.44.055(4)(a). The state physical anthropologist will make an initial determination of whether the skeletal human remains are Indian or non-Indian to the extent that that determination is possible. � 27.44.055(3)(c).

        If the remains are determined to be Indian, the department must notify all affected Indian tribes by certified mail to the head of the appropriate tribal government within 2 business days and contact the appropriate tribal cultural resources staff. � 27.44.055(3)(c). The affected tribes then have 5 business days to respond by telephone or writing to the department as to their interest in the remains. � 27.44.055(3)(d).

      2. How are Indian sacred sites regulated?

        Cairn, graves, glyptics, and painted records are protected under Washington's Protection of Indian Graves law. Wash. Rev. Code �27.44.040.

      3. Is there a state Indian Affairs Commission or equivalent?

        In 1969, an office of Indian Affairs was established to function as an Advisory Council to the Governor. After ten years, the Council was abolished and replaced by a gubernatorially appointed Assistant for Indian Affairs. Renamed the Governor's Office of Indian Affairs, it now serves as a link between state and tribal governments in an advisory, resource, consultation, and educational capacity. See Governor's Office of Indian Affairs website. The Governor's office of Indian Affairs is considered a commission similar to the commission on Asian Pacific American Affairs, the Washington State Commission on Hispanic Affairs, and the Washington State Commission on African American Affairs. Wash. Rev. Code � 43.20.025(1).

        In 2008, Governor Christine Gregoire named November American Indian Heritage Month in an official Proclamation.

      4. How is the state Indian Affairs Commission or equivalent composed?

        The Governor's Office of Indian Affairs is led by a director who is appointed by the governor.

      5. What are the powers and duties of the state Indian Affairs Commission?

        The Governor's Office of Indian Affairs is a "liaison between state and tribal governments in an advisory, resource, consultation, and educational capacity." See Governor's Office of Indian Affairs website. The Governor's office may sit on the committee that reviews applications and awards scholarships from the American Indian Endowed Scholarship Fund. Wash. Admin. Code � 250.76.040; Wash. Rev. Code � 28B.108.020. The education ombudsman may also consult with the governor's office of Indian affairs regarding the work of the office of education. ��43.06B.020.

      6. Is there a state Indian cultural heritage commission?

        There is not a Washington state Indian cultural heritage commission but there are a number of nonprofit organizations committed to promoting Washington State's heritage, folklife and traditional arts including the Northwest Heritage Resources. In 1989, the Governor's Heritage Awards were established to honor outstanding individuals and organizations whose dedication to preserving and promoting traditions and cultural heritage are worthy of state recognition. Wash. Admin. Code � 30-44-020. American Indians have received many of these awards for their cultural heritage work. The Washington State Arts Commission, a state agency, also supports Indian cultural heritage. Wash. Rev. Code � 43.46.05.

    3. Special Funding

      1. What special funding sources are there for state recognition or acknowledgment of constituent groups?

        Washington State has an American Indian endowed scholarship program that grants money to financially-needy American Indian students to fund their higher education. Wash. Rev. Code � 28B.108.


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