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Proper Handling of Human Remains

(Sacramento) – When railroad construction crews working in Los Angeles discovered historical human remains of Chinese origin it became apparent California does not have a system in place to deal with the discovery of non-Native American human remains. Assemblymember Mike Eng stepped in and developed Assembly Bill 2514. As we learn in this Assembly Web Report, AB 2514 will create a system similar to the process used today when Native American remains are discovered.

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Summary

This measure aims to provide state and private projects with clear and uniform procedures for the proper handling and preservation of all historical human remains.  Further, this measure will ensure that local cultural and historical organizations are given the opportunity to provide expertise and assistance with the proper and timely treatment of the excavated archaeological human remains.   

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Background

In 2005, Los Angeles Metropolitan Transportation Authority (MTA) contractors unearthed over one hundred sets of human remains during the construction of the Gold Line Eastside Extension light rail system on Los Angeles County property near Evergreen Cemetery.  Many of the human remains were of Chinese descent; and a large number of the artifacts that were discovered among the remains date back to the late 1800s and the early 1900s.  It is believed that many of the remains were from the nearby Los Angeles Chinese community.

The MTA responded by contracting an archaeology firm to study the origin of the human remains and later formed an ad hoc committee to provide direction on the issue.  However, local community groups expressed concern over the fact that it took the MTA six months to inform them of the discovery, therefore limiting their role in the deliberations of how to best handle these important remains.

Currently, in the discovery of human remains in any location other than a dedicated cemetery, the site is required to be protected from further disturbance until the county coroner determines whether the remains are a result of a recent murder or other criminal activity that is of forensic interest.  However, if the coroner determines that the remains are not the result of a recent murder and are instead are those of Native American descent, he or she is required to contact the Native American Heritage Commission within 24 hours. 

AB 2514 seeks to establish similar protocols for all human remains.  Specifically, it requires the coroner to notify, within 24 hours, the State Office of Historic Preservation (SOHP).  Next, SOHP will be required to notify registered cultural and historical organizations.  In doing so, this measure will ensure that excavated archaeological human remains are treated equally and with the dignity they deserve.

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