indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Indian Law Online Master Degree
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:
Winona LaDuke: Ingrid Washinawatok's vision remains strong (3/4)
Steven Newcomb: Domination doctrine and the Quinault Nation (3/4)
Stanley Heller: Help eliminate an Indian mascot in Connecticut (3/4)
Editorial: Mascot reflects history of violence and discrimination (3/4)
Native Sun News: Mine proposed near sacred site in Black Hills (3/3)
Native youth send video message to Obama on Keystone XL (3/3)
Lummi Nation leader moves ahead with tribal cannabis group (3/3)
BIA to award another $8M in Tribal Climate Resilience grants (3/3)
DOI to host listening session on buy-back program in Arizona (3/3)
Senate Indian Affairs Committee sets hearing on IRRIGATE Act (3/3)
Bill John Baker: Cherokee Nation improves notification system (3/3)
Patty Talahongva: Native youth become Champions for Change (3/3)
Mary Pember: Bad River Band wins as massive mine put on hold (3/3)
Albert Bender: A travesty of justice in attack on Indian children (3/3)
Vince Two Eagles: Native Americans are citizens in our nations (3/3)
Column: Navajo Nation takes basketball obsession to new level (3/3)
Dozens of Native languages down to limited number of speakers (3/3)
Saginaw Chippewa Tribe seeks information about drug overdose (3/3)
Man from Omaha Tribe sentenced as habitual domestic offender (3/3)
Man from Oglala Sioux Tribe charged for abusing infant daughter (3/3)
Village sues DOI over Oneida Nation land-into-trust documents (3/3)
Editorial: Navajo Nation set to choose new president on April 21 (3/3)
Yerington Paiute Tribe reports another incident at youth facility (3/3)
Mohegan Tribe names one of its own to head gaming enterprise (3/3)
Aquinnah Wampanoag Tribe and state in court over casino plan (3/3)
Muscogee Nation set for big job far as part of casino expansion (3/3)
Seminole Tribe touts compact as lawmakers take up expansion (3/3)
Lawmakers in Nebraska table bill affecting expansion of gaming (3/3)
Just Joking: Humor from National Congress of American Indians (3/2)
Native Sun News: Northern Cheyenne family celebrates history (3/2)
Doug George-Kanentiio: Native snipers among world's deadliest (3/2)
Omaha Tribe welcomes denial of rehearing in boundary lawsuit (3/2)
Supreme Court won't hear Stockbridge-Munsee Band land claim (3/2)
Indian tobacco company rebuffed in another dispute with state (3/2)
Jodi Gillette: Administration making progress in Indian Country (3/2)
Kevin Abourezk: Leaders of Winnebago Tribe face recall attempt (3/2)
Aaron Schutt: Alaska Native role in FCC's auction benefits public (3/2)
Steven Newcomb: NMAI should help expose Indian law's bigotry (3/2)
Dina Gilio-Whitaker: Native sovereignty in a race-based society (3/2)
David Wilkins: Tap into the knowledge and power of our nations (3/2)
Opinion: Native women won't feel safe without action in Canada (3/2)
Indian families in South Dakota battle to keep children at home (3/2)
Marijuana presented as another opportunity for Indian Country (3/2)
Lac Vieux Desert Band relies on revenue from lending business (3/2)
Leader of Kiowa Tribe challenges BIA's intervention in election (3/2)
Cherokee Nation mourns loss of respected journalist John Shurr (3/2)
Pechanga Band to reclaim ancestors and artifacts from military (3/2)
Travel: Ancient culture continues on Hopi Reservation in Arizona (3/2)
Saginaw Chippewa Tribe banishes two women after drug arrest (3/2)
Joseph Webster: Tribes assert sovereignty over Class II gaming (3/2)
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.