Brief Description: Exempting certain Native American cultural resources information from public disclosure.

Sponsors: Senators Jacobsen, Oke, Haugen, Honeyford and Rasmussen; by request of Archaeology and Historic Preservation.

Senate Committee on Government Operations & Elections
House Committee on State Government Operations & Accountability

Background: Various exemptions exist to the general rule that all public records are available for public inspection and copying. One exemption protects information from public disclosure that identifies the location of archaeological sites in order to avoid their looting or depredation.

Watershed analysis rules were adopted by the Forest Practices Board (Board) in 1992. Watershed analysis is a biological and physical assessment of a watershed, designed to address the cumulative effects of forest practices on specific public resources and on cultural resources. In 1999, the Board commissioned a Forests and Fish Report (FFR) that recommended inclusion of a cultural resources component of watershed analysis. This component was to address issues that may arise from cultural resource concerns that are raised in the course of forest practices planning or permitting.

In 2005, the Board adopted rules that require completion of a cultural resources component of the watershed analysis. Based on assessment results, voluntary management strategies may be developed to protect and manage cultural resources. Proposed forest practices not incorporating these voluntary management strategies must have a review by the State Environmental Policy Act (SEPA) before the Department of Natural Resources (DNR) approves the proposed forest practices.

Summary: When acquired during watershed analysis performed as part of the Forests and Fish report, information that identifies the location of archaeological sites, historic sites, artifacts, or the sites of traditional activities of Indian tribes is exempt from public disclosure.

Votes on Final Passage:

Senate      47   0
House      98   0   (House amended)
Senate      45   0   (Senate concurred)

Effective: July 1, 2006