[atlas:bill]

AN ACT Relating to the protection of archaeological sites; amending RCW 27.53.020, 27.53.060, and 27.53.080; adding a new section to chapter 27.53 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Archaeological properties are a protected resource under chapter 27.53 RCW. The legislature has already stated that the public has an interest in the protection of these nonrenewable resources. Washington state's increasing development pressures have correlated into greater disturbances to archaeological sites and native American burials. Currently, disturbing an archaeological site without a permit is a class C felony. However, this penalty is not being applied due to competing demands on law enforcement. Therefore, new tools are needed to protect the state's heritage.

NEW SECTION. Sec. 2. A new section is added to chapter 27.53 RCW to read as follows:

Every person who fails to comply with this chapter or the rules adopted under this chapter may be subjected to a civil penalty, as determined by the director or the director's designee, in an amount of not more than five thousand dollars for every violation. Each and every such violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty provided in this section. Violators of this chapter are subject to reasonable investigative and restoration costs. Any and all artifacts in possession of a violator shall become the property of the state until proper identification of artifact ownership may be determined by the director.

Sec. 3. RCW 27.53.020 and 1986 c 266 s 16 are each amended to read as follows:

The discovery, identification, excavation, and study of the state's archaeological resources, the providing of information on archaeological sites for their nomination to the state and national registers of historic places, the maintaining of a complete inventory of archaeological sites and collections, and the providing of information to state, federal, and private construction agencies regarding the possible impact of construction activities on the state's archaeological resources, are proper public functions; and the ((~~Washington archaeological research center~~)) office of archaeology and historic preservation, created under the authority of chapter 39.34 RCW ((~~as now existing or hereafter amended~~)), is hereby designated as an appropriate agency to carry out these functions. The director, in consultation with the ((~~Washington archaeological research center~~)) office of archaeology and historic preservation, shall provide guidelines for the selection of depositories designated by the state for archaeological resources. The legislature directs that there shall be full cooperation amongst the department, the ((~~Washington archaeological research center~~)) office of archaeology and historic preservation, and other agencies of the state.

Sec. 4. RCW 27.53.060 and 1989 c 44 s 7 are each amended to read as follows:

(1) On the private and public lands of this state it shall be unlawful for any person, firm, corporation, or any agency or institution of the state or a political subdivision thereof to knowingly remove, alter, dig into, or excavate by use of any mechanical, hydraulic, or other means, or to damage, deface, or destroy any historic or prehistoric archaeological resource or site, or remove any archaeological object from such site((~~, except for~~)). Any such activity made without having obtained a written permit from the director is a class C felony punishable under chapter 9A.20 RCW. Disturbances to Indian graves or cairns, or any glyptic or painted record of any tribe or peoples, or historic graves as defined in chapter 68.05 RCW((~~, disturbances of which shall be a class C felony punishable under chapter 9A.20 RCW, without having obtained a written permit from the director for such activities~~)) have separate penalties identified in chapter 27.44 RCW.

(2) The director must obtain the consent of the private or public property owner or agency responsible for the management thereof, prior to issuance of the permit. The property owner or agency responsible for the management of such land may condition its consent on the execution of a separate agreement, lease, or other real property conveyance with the applicant as may be necessary to carry out the legal rights or duties of the public property landowner or agency. The director, in consultation with the affected tribes, shall develop guidelines for the issuance and processing of permits. The director shall give great weight to the applicant's, the firm's, or the corporation's record of previous civil or criminal violations under this chapter or relevant federal laws when determining whether to grant or condition a permit. Such written permit and any agreement or lease or other conveyance required by any public property owner or agency responsible for management of such land shall be physically present while any such activity is being conducted. ((~~The provisions of this section shall not apply to the removal of artifacts found exposed on the surface of the ground which are not historic archaeological resources or sites.~~))

Sec. 5. RCW 27.53.080 and 1986 c 266 s 19 are each amended to read as follows:

Qualified or professional archaeologists, in performance of their duties, ((~~are hereby authorized to~~)) may enter upon public lands of the state of Washington and its political subdivisions after first notifying the entity responsible for managing those public lands, at such times and in such manner as not to interfere with the normal management thereof, for the purposes of doing archaeological resource location and evaluation studies, including site sampling activities. The results of such studies shall be made known to the office of archaeology and historic preservation and are confidential unless the director declares in writing otherwise. Scientific excavations are to be carried out only after appropriate agreement has been made between a professional archaeologist or an institution of higher education and the agency or political subdivision responsible for such lands. Notice of such agreement shall be filed with the ((~~Washington archaeological research center~~)) office of archaeology and historic preservation and by them to the department. Amateur societies may engage in such activities by submitting and having approved by the responsible agency or political subdivision a written proposal detailing the scope and duration of the activity. Before approval, a proposal from an amateur society shall be submitted to the ((~~Washington archaeological research center~~)) office of archaeology and historic preservation for review and recommendation.