indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Washington tribe sues to rebury hundreds of ancestors
Monday, August 15, 2005

A Washington tribe whose ancestors were removed from an historic cemetery filed suit against the state on Friday, demanding that the remains be reburied.

The Lower Elwha Klallam Tribe said the lawsuit was not an attempt to break negotiations with the state over the Tse-whit-zen Village. The two sides have been trying to come to an agreement about the future of site, considered one of the most important in the Pacific Northwest.

Instead, Chairwoman Frances Charles said the tribe brought the case because the statute of limitations in a law protecting Indian graves was about to run out. "The clock was running and we did what we had to, to protect our rights," Charles said in a statement.

Charles, however, noted that the talks with the state "weren't getting anywhere." "We never expected that the state would have this much trouble returning burials to a cemetery," she said.

In the lawsuit, the tribe cites the state Indian Graves and Records Act. Under the law, tribal attorneys say the state is responsible for all damages to the cemetery, including the removal and destruction of tribal ancestors, artifacts and other materials.

In total, the tribe says at least 335 ancestors were removed from the cemetery and placed in coffins that are currently being held by the state. More than 2,000 truckloads of material that were taken to a landfill should be returned to the site, the tribe adds.

The Tse-whit-zen Village became the focus of controversy last year when the state halted work at the site as part of a $275 million construction project. By that time, hundreds of remains and tens of thousands of artifacts had already been uncovered.

Tribal members had been working with state archaeologists to excavate the village in Port Angeles. But the effort took an extremely high emotional and spiritual toll on the tribe, whose leaders were frustrated that the state chose the site despite knowing it was home to Klallam ancestors for more than 1,700 years.

"This case proves the adage that history repeats itself," the tribe's complaint in Thurston County Superior Court states. In the early 1900s, tribal ancestors were removed and used as landfill during the construction of a mill at the village.

The tribe's stance has been supported by other Washington tribe and the Affiliated Tribes of Northwest Indians. Just last week, representatives of dozens of tribes from Washington, Alaska, Oregon and Canada came to Tse-whit-zen Village for the annual Canoe Journey.

Some local officials in Port Angeles, however, have been upset about the loss of jobs associated with the construction. They blame Gov. Christine Gregoire, a Democrat, for stopping the work. The $275 million Hood Canal Bridge project will go on as planned, but without the use of Tse-whit-zen Village as a docking site on Port Angeles.

The tribe isn't the first to use the Indian Graves and Records Act. The Lummi Nation filed suit under the law for the destruction of a tribal cemetery in 1999. A $4.25 million settlement was reached in April 2004 to pay for the reburial of tribal ancestors and for damages to individual tribal families.

The Lower Elwha Klallam Tribe's lawsuit was filed on behalf of the tribe and on behalf of individual tribal members. The tribe wants the case treated as a class action in order to determine what damages may be owed.

In a separate August 10 letter, an attorney for the tribe said the state must bear all the costs associated with the reburial and not ask the tribe to seek federal appropriations or use its own money. The tribe wants the state to enter into an agreement under the National Historic Preservation Act to protect the Tse-whit-zen Village.

The 9th Circuit Court of Appeals, which includes Washington, ruled on August 9 that the law doesn't include a private right of action for tribes to sue for desecration of sacred sites, burial grounds and other important places.

Tribal Complaint:
Lower Elwha Klallam Tribe v. Washington (August 12, 2005)

Relevant Laws:
Indian Graves and Records Act (State of Washington)

Relevant Links:
Tse-Whit-Zen Village News - http://tse-whit-zen.elwha.nsn.us
Lower Elwha Klallam Tribe - http://www.elwha.org
Washington State Department of Transportation - http://www.wsdot.wa.gov

Related Stories:
Court limits tribal suits under preservation act (8/10)
More than 60 canoes arrive for annual celebration (08/02)
Editorial: More communication needed with tribes (05/26)
Seattle Times: Unearthing Tse-whit-zen Village (05/25)
Seattle Times: Unearthing Tse-whit-zen Village (05/24)
Seattle Times: Unearthing Tse-whit-zen Village (05/23)
Lawmaker defends proposed land swap with tribe (04/13)
Washington tribe rejects offer on village site (03/29)
2005 Paddle Journey to end at Tse-whit-zen village (03/15)
Washington tribe backs probe into work at village (1/31)
Washington tribe still affected by excavation of village (1/27)
Lower Elwha Klallam Tribe tells panel of racism (01/20)
Healing ceremony held at Klallam village (1/17)
Talks continue over future of Klallam village (1/11)
Top official set to abandon work at Klallam village (12/17)
Washington officials won't oppose tribe on village (12/16)
Meeting scheduled on future of Klallam tribal village (12/14)
Editorial: Work at Klallam tribal village should stop (12/14)
Washington tribe wants construction stopped (12/13)
Editorial: Let tribe complete work on village (12/03)
Washington tribe to discuss future of village (11/29)
Construction at tribal burial site still in dispute (11/18)
Washington tribe wants work stopped at bridge site (10/08)
Discovery of village strains Washington tribe (07/28)
Klallam village in Washington larger than expected (7/23)
Klallam village in Washington called significant find (07/14)
Washington tribe helping with removal of remains (04/20)
State to pay for reburial of Klallam ancestors (04/13)
Wash. tribe to sign agreement for reburial of ancestors (03/16)
Tribal remains used as landfill at mill site (11/07)
Wash. negotiating with tribe on handling of remains (10/15)
State, tribe mum on discovery of remains at worksite (09/12)

Copyright 2000-2005 Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Harvest the Hope concert unites Keystone foes (10/2)
Mark Trahant: A lot stake for Native voters in Montana this year (10/2)
BIA extends comment period for changes to rights-of-way rule (10/2)
Navajo Nation won't delay election despite presidential dispute (10/2)
Column: Joba Chamberlain shares his life story through tattoos (10/2)
Washington city could turn Columbus Day into Coast Salish Day (10/2)
Cherokee Nation chief apologizes for attending live pigeon shoot (10/1)
Elizabeth Cook-Lynn: Telling the indigenous story with public art (10/1)
DOI puts another $1M from lands sales into Cobell scholarships (10/1)
9th Circuit bars use of tribal conviction in domestic assault case (10/1)
2nd Circuit rebuffs tribal online lenders in dispute with New York (10/1)
Crystal Willcuts: A tribute to my mother who was lost to cancer (10/1)
Seneca Nation man launches campaign for mayor of Salamanca (10/1)
BIA ends comment period on reform to federal recognition rule (10/1)
African-American lawmakers accuse Pamunkey Tribe of racism (10/1)
Officials claim Oklahoma owed $30M in Impact Aid for schools (10/1)
FCC will consider petition to outlaw R-word on public airwaves (10/1)
BLM struggles to manage wild horse population as herds grow (10/1)
Opinion: North Fork Rancheria casino brings boost to economy (10/1)
Report places economic impact of US gaming industry at $240B (10/1)
Shinnecock Nation gaming partner cut $250K monthly payment (10/1)
Column: Seminole Tribe poised for continued growth in gaming (10/1)
Native Sun News: Agency weighs uranium mine near sacred site (9/30)
Jim Abourezk: South Dakota tribes can put Rick Weiland in office (9/30)
Cherokee chief participated in live pigeon shoot for Sen. Inhofe (9/30)
Navajo vice president returns home after near fatal spider bite (9/30)
North Dakota tribe sees big problems as energy industry grows (9/30)
Andre Cramblit: Another year brings challenges for our people (9/30)
Jack Duran: State's 'shocking' attack on Big Lagoon Rancheria (9/30)
Navajo Nation Council to select a new leader after resignation (9/30)
Editorial: Long delayed trust fund settlement for Navajo Nation (9/30)
Keepseagle plaintiffs oppose use of $380M to create foundation (9/30)
Opinion: Working with New Mexico tribes to protect sacred sites (9/30)
Pueblo man chosen as chair of VA minority advisory committee (9/30)
Woman sues over fall at Fallon Paiute Shoshone Tribe business (9/30)
Seminole Tribe makes another attempt to join banking business (9/30)
Mohegan Tribe purchases more wood pellet production facilities (9/30)
Ponca Tribe takes down old headquarters and readies new home (9/30)
Native Mob gang leader sentenced to 43 years in federal prison (9/30)
Three indicted for murder of man from Northern Arapaho Tribe (9/30)
Rivals funded DC trips to oppose Tohono O'odham Nation casino (9/30)
American Gaming Association includes tribes in economic report (9/30)
Editorial: Vote yes to support North Fork Rancheria gaming deal (9/30)
Editorial: Florida shouldn't take a gamble with casino expansion (9/30)
Tim Giago: All Indian people ask is for America to honor treaties (9/29)
Native Sun News: Tribes take on IRS and win battle over taxation (9/29)
Mark Trahant: Indian vote could bring a surprise in South Dakota (9/29)
Tribal General Welfare Exclusion Act signed into law by Obama (9/29)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.