burial sites preservation board friday, september 7, 2018 ...burial sites preservation board 2...

Burial Sites Preservation Board Friday, September 7, 2018

10:30 AM to 12:00 PM University of Wisconsin-Stevens Point

Dreyfus University Center, Legacy Room 1015 Reserve Street

Stevens Point, Wisconsin

AGENDA

I. Welcome and Call to Order II. Roll Call, for Determination of Quorum III. Approval of Agenda IV. Approval of Minutes V. Chair’s Report VI. Committee Reports

i. Budget Committee ii. Transition Committee iii. By-laws Committee

VII. Board Consideration and Vote on Amended By-Laws VIII. WHS Staff Report IX. State Archaeologist Report X. Consideration of Applications for Completion and Entry to and/or Removal from the

Registry of Interested Persons i. Dick and Laurie Graney, Indian Park, Hill Graveyard Site (GT-0721)

XI. Report on All Determinations Pertaining to Uncatalogued Burial Sites XII. Report on All Determinations Pertaining to the Disposition of Human Remains and

Associated Burial Objects XIII. Cataloged Burial Site Disturbances Report and Determinations XIV. Legislative Update XV. Public Comment XVI. Announcements XVII. Adjournment

Burial Sites Preservation Board Phone: 608-264-6434 c/o Jennifer Kolb Email: [email protected] Wisconsin Historical Society 816 State Street Madison, WI 53706

mailto:[email protected]

State of Wisconsin

BURIAL SITES PRESERVATION BOARD

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Meeting Minutes, June 1, 2018

MINUTES OF THE WISCONSIN BURIAL SITES PRESERVATION BOARD

Friday, June 1, 2018

Wisconsin Historical Society 816 State Street

Madison, Wisconsin 53706

I. CALL TO ORDER Board Chair Ms. Melinda Young called the meeting to order at 10:33 a.m.

II. ROLL CALL

Present: Ms. Jennifer Kolb, Dr. Katherine Stevenson, Mr. Jim Draeger, Mr. John Broihahn, Ms. Jennifer Haas, Ms. Cynthia Stiles, Ms. Melinda Young, and Mr. Christian Øverland. Not Present: Mr. David Grignon, Ms. Corina Williams Also Present: WHS Staff: Mr. Chip Brown, Mr. Andrew Stern, Dr. Daina Penkiunas Guests: Adam VanZile, Cassandra Graikowski

III. APPROVAL OF MARCH 2, 2018 BURIAL BOARD MINUTES Ms. Haas suggested changes to previous minutes, including correction of the spelling of Ms. Haas’ name, addition of agenda item numbers to future agendas, and addition of Ms. Kolb sending date for future Wisconsin Inter-Tribal Repatriations Committee meeting at the new State Archives Preservation Facility. On motion by Mr. Broihahn and second by Dr. Stevenson, the March 2, 2018, Burial Sites Preservation Board (BSPB) meeting minutes were unanimously approved with corrections. IV. INTRODUCTION OF CHRISTIAN W. ØVERLAND, RUTH AND HARTLEY BARKER DIRECTOR Mr. Øverland introduced himself to the Burial Sites Preservation Board and provided the Board with information on his background. Mr. Øverland also introduced the new American Indian Liaison, Ms. Rebecca Comfort. Ms. Comfort provided the Board with information on her background. Members of the BSPB introduced themselves to Mr. Øverland and Ms. Comfort. V. Chair’s Report No Chair’s Report. VI. WHS Board Liaison Report by Mr. Chip Brown

a. Report on All Determinations Pertaining to Uncatalogued Burial Sites 120 requests to disturb uncatalogued burial sites were received in the State Historic Preservation Office affecting 132 burial locations. Most of these requests pertained to utility work. The number of requests has been steady but the new burial law changes may increase the number of requests.

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b. Report on All Determinations Pertaining to the Disposition of Human Remains and Associated Burial Objects None to Report.

c. Report on Cataloged Burial Site Permit Request Decisions Four requests were received. One request was for the Dewey Mound Group I for a Oak Wilt reduction project. No disturbance to extant mounds as the work takes place within buffer of the catalogued area. One request to replace an electrical line at a campground at Governor Nelson Park and there would be a site visit to determine if the work would affect any extant mounds. One request was received for a highway project within the catalogued boundary at Whiting Park Cemetery. The work would take place within the highway right-of-way. The catalogued boundary was unable to be changed based on the age of the cemetery and possibility of burials within the right-of-way. The project was pulled back to within a previously disturbed area and will be monitored by a qualified archaeologist. One request was received to reinstall seventy-eight headstones within the Dane County Poor Farm Cemetery. The initial project involved a large paving surface around the headstones, but through conversation with the applicant, the project was scaled down to a smaller buffer around the headstones.

d. Report on Unauthorized/Unpermitted Burial Site Disturbances There were several unpermitted burial site disturbances. MG&E did an assessment of their project activities and discovered four projects out of 800 had moved ahead without requisite monitoring. MG&E has implemented new training procedures, no human remains were encountered, and no further investigation or prosecution. Mr. Brown reported on FEMA related activities related to flooding in 2017. These were emergency repairs for three projects to repair roadways within two uncatalogued and one catalogued burial sites. No human remains were encountered and these areas were heavily disturbed. The landowners were unaware of the existence of the human burial sites within the project boundaries. No further investigation is recommended. Ms. Stiles asked if the Board could recognize MG&E for their diligence in self-monitoring their project activities and reporting the disturbances. Mr. Brown will help the Board draft a letter to MG&E recognizing their best business practices.

e. Report on Burial Sites Entered into Catalog Three new sites entered into the catalog and more are anticipated to be entered before the August 1st burial law changes.

f. Legislative Update

Governor Walker signed Legislative Act 222 on April 3rd with changes to the state’s burial law. Mr. Brown handed out the interim law containing new and old provisions. Old provisions will be removed on August 1st. Changes to the law include:

• one time-period provisions to requests to disturb uncatalogued burial sites. There will be up to 90 days for the State Historic Preservation Office to review uncatalogued burial site disturbance requests, although it is anticipated these requests will be handled within the 30 days it now typically takes for these requests.

• the new law allows use of electronic correspondence and the SHPO is developing a postcard to send to applicants to disturb burial sites.

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• the new burial law introduces evidentiary standards to enter sites into the catalog. Significant documentation will be required to enter sites into the catalog. There may be more requests to catalog sites and requests for hearings after the new law is in place.

• changing catalogued boundaries will require notification of landowners and interested persons and may lead to an increase in hearings before the Board.

• changes to the disposition of human remains process is largely unchanged aside from the Wisconsin Inter-Tribal Repatriation Committee (WITRC) now has a formal role to play in disposition of remains. WITRC will be able to take the disposition process from the Director’s office unless they decline to do so, in which case it will fall to the Director’s office to move forward with disposition.

• BSPB will become the first line of appeal for all appeal opportunities under the law including permit requests and disposition actions.

• a new disclosure form for real estate transfers will require owners of properties to disclose knowledge of human burial sites prior to the time of sale. Formal language for the transfer documents contains contact information for the Wisconsin Historical Society and WHS anticipates numerous contacts regarding the new disclosure. WHS is putting together a website query for property owners to find if their property contains a human burial site. The disclosure goes into place on July 1st.

• Burial Board functions will change with regard to the previously reported appeals process and identifying all tribes with an interest in Wisconsin and putting them on the Registry of Interested Persons. Board membership has also changed and Tribal membership will no longer be instigated by Great Lakes Inter-Tribal Council (GLITC) but will initially be established by each tribe who wishes to put forward the name of a person they wish to have seated on the board to the Governor, who will then select three Tribal members to sit on the Board. All three of the Tribal seats are currently expired. Staff report to legislature is now mandatory and due March 1, 2019 and WHS staff will be working on that throughout the year.

g. Wingra Cases Update

The WHS and the Ho-Chunk Nation were successful in both Wisconsin Supreme Court Cases against the Wingra Redi-Mix Company. The Ward Mound Group is now protected. WHS does not anticipate any future challenges that would jeopardize the sites. Mr. Brown handed out copies the opinion in the case.

h. Burial Program Update

The WHS is developing trainings and web tutorials to advise relevant constituents and groups about the pending burial law changes. Merisa Stacey in the SHPO office has fewer than 50 letters left to write to landowners to alert them about catalogued burial sites on their property.

On motion by Mr. Draeger and second by Mr. Øverland, the BSPB approved the drafting of letters to American Indian nations informing them of the new requirements under the burial law and a letter of commendation to Madison Gas & Electric. The motion passed unanimously.

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VII. State Archaeologist’s Report by Mr. John Broihahn Mr. Broihahn reported he and Ms. Stacey documented the remnants of a panther mound along the shores of Lake Mendota and the mound will be catalogued. He has been working with the Lac de Flambeau tribe on a wild rice project in eastern Wisconsin and along with Ms. Stiles, did a site visit earlier this year. The OSA has an intern working on a Ho-Chunk landownership project in Jackson County and she will develop a presentation at the conclusion of the internship. Another summer intern is working on researching dugout canoes around Wisconsin to develop three-dimensional recreations of the canoes.

VIII. Approval of Applications for Entry to and/or Removal from the Registry of Interested Persons Mr. Brown reported SHPO received one application to the Registry of Interested Persons for a cemetery in Platteville. The cemetery is uncatalogued and the Registry currently only applies to catalogued burial sites. Once the new law goes into effect, people expressing an interest in any burial site can apply to be on the Registry. Mr. Brown advised the applicants to wait until the September meeting to apply to the Registry.

IX. Committee Reports

i. By-laws Committee Ms. Young reported that she, Ms. Haas, and Ms. Stiles have begun work on drafting changes to the by-laws. Ms. Haas reported they made proposed changes to most articles and added one article outlining the relationship between BSPB and WHS. Mr. Brown offered comments on Article 1, Item (d.), clarifying or removing this article. Mr. Brown asked that Article 5, Item (f.), be amended to exclude requirement that staff put together minutes. Mr. Brown commented on Article 4, Item (a.), that BSPB should have a conversation with DOJ regarding what rules state boards use. Mr. Brown made a suggestion that Article Vi be amended to include responsibilities beyond those found in Wis. Stat. 157.70. Mr. Draeger commented that Article 2, Item (a.), be clarified. He also suggested Article 3 be amended to clarify the number of members on a sub-committee. Mr. Draeger suggested language be added for electronic voting or conference call accessibility. Mr. Draeger suggested Article 5, Item (g.), be amended as it may violate the open meeting law as written. Mr. Draeger suggested the second sentence of Article 7 be removed. Mr. Draeger suggested Article 8 be amended to add a requirement that Board members must sign a conflict of interest disclosure yearly. Ms. Stiles suggested Mr. Draeger and Mr. Brown compile their notes and suggestions and forward to the by-laws committee.

ii. Budget Committee No Budget Committee Report. iii. Other

Ms. Young indicated the Board had already previously discussed items concerning the Transition Committee.

X. Public Comment Mr. Adam VanZile, Tribal Historic Preservation Officer for the Sokaogan Chippewa Community; Ms. Cassandra Graikowski, Assistant Tribal Historic Preservation Officer for the Sokaogan Chippewa Community; Dr. Daina Penkiunas, Deputy State Historic Preservation Officer, introduced themselves. XI. Announcements No announcements.

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XII. Adjournment BSPB Chair adjourned the meeting at 12:06 pm.

Approved:_________________________ Dated: _________________________

Wisconsin Burial Sites Preservation Board Bylaws – Revised August 2018

State of Wisconsin


BYLAWS

Adopted September 2018

ARTICLE I: Creation and Relationship with the Wisconsin Historical Society

A. The Burial Sites Preservation Board (hereafter Board) is established under provisions of Wis.

Stat. § 15.705 and is a distinct unit under the Wisconsin Historical Society.

B. Budgeting, program coordination, and relation management functions are performed under the

direction and supervision of the Wisconsin Historical Society.

C. The Board may request a liaison from the Wisconsin Historical Society to facilitate the

relationship between the Wisconsin Historical Society and the Board.

ARTICLE II: Membership

A. There shall be nine (9) members of the Board appointed according to the provisions of Wis. Stat.

§ 15.705. Seven members are voting members and two members are non-voting members.

1. The Director of the Historical Society, three members representing federally recognized Indian

tribes or bands in the state chosen from names provided to the Governor, and three members

selected from the list of names recommended to the Governor by the Wisconsin Archeological

Survey are voting members. The Director may appoint a staff member to serve in his/her place.

2. The State Archeologist and the State Historic Preservation Officer serve as non-voting members.

3. The three members representing federally recognized tribes shall each serve a three year term

beginning at the time of their appointment by the Governor. The three members selected from the

Wisconsin Archaeological Survey recommendation shall each serve a three year term beginning at

the time of their appointment by the Governor. Board members may continue to serve past their

three year term until reappointed or replaced by the Governor.

ARTICLE III: Committees

The Board may, by majority vote, establish committees, and the Chair may appoint ad hoc

committees as necessary. Each committee may have up to three Board members.

ARTICLE IV: Officers

A. Chair. The Chair of the Board shall be elected by a majority of the Board membership for a two

year term at the first meeting in even calendar years, and serve through the next two calendar years

or until such time as a successor is elected. The Chair shall chair all meetings of the Board

according to the usual rules of procedure. Should a vacancy occur in the office, an election to fill it

shall be held at the next Board meeting.


B. Vice-Chair. The Vice-Chair shall be elected by a majority of the Board membership for a two

year term at the first meeting in even years, and serve through the next two calendar years or until

such time as a successor is elected. The Vice-Chair shall chair all Board meetings in the absence of

the Chair and shall serve as acting Chair, should a vacancy occur in the office, until an election can

be held. Should a vacancy occur in the office of Vice-Chair, an election to fill it shall be held at the

next Board meeting.

C. Secretary. The Secretary shall be elected by a majority of the Board membership for a two year

term at the first meeting in even years, and serve through the next two calendar years or until such

time as a successor is elected. The Secretary shall prepare minutes of all Board meetings. Should a

vacancy occur in the office of Secretary, an election to fill it shall be held at the next Board meeting.

ARTICLE V: Meetings

A. The Board shall set dates and locations of Board meetings for the following year at the last

meeting of the current calendar year.

B. The Board shall hold regular meetings at least every three months.

C. The Board shall meet within 90 calendar days upon request from a landowner under Wis. Stat.

§157.70(2)(m)(g).

D. Special meetings of the Board may be arranged by majority vote at a regular meeting, or by the

Secretary or the Chair with the concurrence of a poll of the Board via electronic or other means of

communication.

E. A quorum shall be one half of the voting members of the Board at any time, including Board

members serving under expired terms.

F. As allowed by law, the Board may go into closed (executive) session providing that the closed

session has been disclosed on the agenda.

G. All Board meetings may be recorded using electronic equipment.

H. Members may participate, and vote, in meetings via conference call, or other electronic means.

ARTICLE VI: Responsibilities

A. The Board shall exercise its powers, duties and functions prescribed by law, including rule

making, licensing and regulation, and operational planning, independently of the Wisconsin

Historical Society.

B. The Board shall have the responsibilities enumerated in Wis. Stat. § 157.70 (2m) of the

Wisconsin Statutes, including but not limited to:

1. Determine which Indian tribes have an interest in any burial site or class of burial sites and notify

the Director for entry in the registry under Wis. Stat. § 157.70 (2) (e).

2. Determine which applicants for entry in the registry have an interest in a burial site or class of

burial sites.


3. As it deems necessary, review determinations of the Director of the Wisconsin Historical Society

and the Division of Administration under Wis. Stat. § 157.70 (5).

4. As it deems necessary, review disposition actions taken by the Director of the Wisconsin

Historical Society.

5. Approve transfers of burial sites under Wis. Stat. § 157.70 6(m)(b)(2).

6. Hold hearings and issue decisions regarding the contesting of a recording of a site in the catalog

under Wis. Stat. § 157.70 (2)(g)(a).

7. Review decisions of the Director and issue decisions regarding removal of land from the catalog

under Wis. Stat. § 157.70(2)(j)(b).

8. Request the assistance of the attorney general or district attorney for matters that fall under the

provisions of Wis. Stat. § 157.70 (7).

ARTICLE VII: Reports

Upon request of the Director of the Wisconsin Historical Society, the Board will provide a report on

the operation of the Board within 60 calendar days of the request.

ARTICLE VIII: Conflicts of Interest

All Board members are subject to the standards of conduct established for state officials and

employees and will sign a conflict of interest statement annually.

ARTICLE IX: Amendments

Any member of the Board may recommend amendments to these bylaws to the full Board. The

Board may amend these bylaws at any meeting at which a quorum is present, providing the

proposed amendment has been circulated to the Board no less than 30 calendar days prior to the

meeting.

burial sites preservation board friday, september 7, 2018 ...burial sites preservation board 2...

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