From Deseret News archives:
Senate panel OKs bill expanding state care for ancient remains
The Senate Workforce Services and Community and Economic Development Committee was receptive Wednesday to SB204, sponsored by Sen. Darin Peterson, R-Nephi.
Palmer DePaulis, executive director of the Utah Department of Community and Culture, told the committee the bill "relieves the landowner of that burden" of taking care of ancient human remains found on private land.
If remains are found on public land and need to be moved, procedures are in place for excavating them at public expense and repatriating them to affiliated Indian tribes. That is, the remains are returned to related people, who bury them.
But with private land, the landowner is prohibited from touching or moving the remains and is required to have them removed by a professional, which can get expensive.
Kevin Jones, an archaeologist with the State Antiquities Section, said the agency is not funded for work on private land. But "20 to 30 times a year, generally, human remains turn up" there.
He is concerned that with the potential expense facing landowners, some may fear the state will shut them down and not treat the remains with proper respect.
"Right now the state statute prohibits the landowner from disturbing or removing the remains," said DePaulis, "so the landowner is in a bind."
The bill authorizes a yearly appropriation of $99,400, for the next two fiscal years, so that, as DePaulis said, "This would relieve the private landowner of the cost."
Jones said most of the remains that are discovered are Native American, "but a surprising number are historic." Utahns have lost track of many pioneer cemeteries, he said.
"It's a fairly regular experience that we do find historic or pioneer graves, even cemeteries as well," he said.
After SB204 received the committee's unanimous endorsement, Forrest Cutch, director of the Division of Indian Affairs, called the bill important and necessary.
Ninety percent of human remains in state repositories were found on private land, he said. "Our current laws do not apply to private land" for purposes of repatriation — returning the remains to their rightful tribe for proper burial.
"This bill will make it possible for us to begin the repatriation process," he said. "There are just under 1,500 separate bone fragments" to be repatiated.
