FINAL BILL REPORT

EHB 1177

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 219 L 11

Synopsis as Enacted

Brief Description: Regarding field investigations on privately owned lands.

Sponsors: Representatives Hunt and McCoy.

House Committee on State Government & Tribal Affairs

Senate Committee on Government Operations, Tribal Relations & Elections

Background:

State law provides that archaeological studies conducted on public lands be performed by professional archaeologists. Professional archaeologist is defined as a person with qualifications meeting the federal Secretary of the Department of Interior's (Secretary) standards for a professional archaeologist. Archaeologists not meeting this standard may be conditionally employed by working under the supervision of a professional archaeologist for a period of four years provided the employee is pursuing qualifications necessary to meet the Secretary's standards for a professional archaeologist. During this four-year period, the professional archaeologist is responsible for all findings. The four-year period is not subject to renewal.

The Secretary's standards for a professional archaeologist require a graduate degree in archaeology, anthropology, or closely related field, plus:

In addition to these minimum qualifications, a professional in prehistoric archaeology must have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology must have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period.

Summary:

Legislative intent pertaining to archaeological field investigations conducted on privately owned lands is revised to state that such work should be conducted by professional archaeologists, and the intent is not to be interpreted to allow trespassing on private property.

A "field investigation" is defined as an on-site inspection by a professional archaeologist or by an individual under the direct supervision of a professional archaeologist employing archaeological inspection techniques for both the surface and subsurface identification of archaeological resources and artifacts resulting in a professional archaeological report detailing the results of such inspection.

Votes on Final Passage:

House

66

31

Senate

26

20

Effective:

July 22, 2011