Legislation Introduced to Establish Protocol for Return of Human Remains

NEWS RELEASE


January 11, 2019

FOR IMMEDIATE RELEASE                                               
 

Contact: Senator Brian Boner
Brian.Boner@wyoleg.gov
307-359-0707
 
Legislation Introduced to Establish Protocol for Return of Human Remains
Senator Boner and Rep. Clifford Team Up to Ensure Respectful Process for Repatriation and Reburial of Remains Found on State and Private Lands

Cheyenne, Wyo. – Converse County Senator Brian Boner (SD-02), Laramie County Senator Affie Ellis (SD-08) and Fremont County Representative Andi Clifford (HD-33) introduced Senate File 78, Archaeological human burial sites to create a formal  process to reinter human remains inadvertently discovered on state and private lands.

“The discovery of human remains carries great religious, cultural and personal implications,” said Senator Boner. “This legislation establishes a clear process to ensure that such remains are treated with dignity while respecting property rights.”

The legislation would require a person who discovers human remains and funerary object to notify law enforcement and the county coroner. For archaeological remains, the bill clarifies how exhumation and reinternment of human remains should occur, including the consideration of present day descendants. For remains that are of American Indian descent, the bill would require the State Archaeologist to develop and utilize a protocol for the consultation, repatriation and reinternment of native human remains.

“During the 2018 interim, we worked in close consultation with the Eastern Shoshone and Northern Arapaho Tribes to craft this bill, recognizing that Wyoming was once home to a number of tribes,” states Senator Ellis. “The protocol will ensure the consultation of these culturally affiliated tribes so that discovered remains are respected and rightfully returned.”

The legislation was prompted, in part, by the uncovering and consequent handling of the historic remains of an Eastern Shoshone woman known commonly today as the ‘Horse Creek Girl.’ Wyoming is one of the few western states without a process in place for the repatriation of human remains uncovered on state or private lands.

“Due to the increase in oil and gas development across the state of Wyoming, the Northern Arapaho and Eastern Shoshone THPOs recognized the need for legislation to address inadvertent discoveries during ground disturbing activities. Both tribes, along with numerous other tribes, include the state of Wyoming as part of their ancestral migration territory. Wyoming contains sacred sites and burials across the state which include areas ideal for oil and gas exploration and development. This bill would allow THPOs, state and federal agencies and proponents to collaborate in an efficient manner to avoid, minimize and mitigate sacred sites of burials in areas of potential effect. This bill is a proactive measure towards the high probability of inadvertent discoveries and provides assurance that our ancestors are treated with reverence and put back into Mother Earth as soon as possible,” said Rep. Clifford.

Senator Boner noted that non-Indian archaeological remains may also be discovered, particularly along historic trails. “This bill also respects the western emigrants who made their way across Wyoming,” he explained. “Technology exists that allows us to find and contact modern day descendants to determine how to best reinter those remains according to a family’s wishes.”

During the 2018 Interim, the Select Committee on Tribal Relations, co-chaired by Senator Cale Case (R-Fremont) and Representative Lloyd Larsen (R-Fremont).  Both chairmen co-sponsored the bill.  Additional bill sponsors include Senator Liisa Anselmi-Dalton (D-Sweetwater), Senator Larry Hicks (R-Carbon), Representative Stan Blake (D-Sweetwater), Representative Aaron Clausen (R-Converse), and Representative Tyler Lindholm (R-Crook).
 
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