Fighting For Our Ancestors Resting Places

	A cemetery in sight of the State Capitol. Is it safe from mountaintop removal mining? Right now, the answer is - Maybe.

Who would have thought at the beginning of this years legislative session that there would be at least seven bills dealing with cemetery-related issues? In a reflection of the number of citizens having difficulty protecting their family cemeteries, related pieces of legislation continued to pop up weeks into the legislative process.

OVEC was directly responsible for two of the proposals: H2905 to extend the buffer zone around cemeteries from 100 feet to 300 feet, and H2928 to clarify certain access and desecration issues.

Del. Don Perdue and his capable staff person, Nancy Tyler, helped us in getting the bills introduced, while OVEC member D.L. Hamilton offered invaluable assistance. We also offered support to Lincoln County resident Versie Sims, whose work resulted in the reintroduction of a bill originally introduced in the House last year. She received some Senate attention toward her concerns.

H2905 was referred to the Energy, Industry, Labor and Small Business Committee, where it was not taken up. H2928 was sent to Judiciary, where Chair Carrie Webster placed the bill on the agenda. However, there was some concern about the language possibly having unintended effects on farmers and others who accidentally discover human remains or other artifacts.

A problem also arose with our intent to allow magistrates to mediate access problems, rather than the current avenue of circuit court. The Chairs legal staff felt that would be giving magistrates an injunctive authority they do not currently have. As the deletions would have gutted our intent for the bill, we decided to withdraw it from consideration.

OVEC staff Robin Blakeman and Carol Warren met with Chairwoman Webster and Del. Harold Michael, along with representatives from the State Historic Preservation Office, state Funeral Directors, and religious community allies from the WV Council of Churches and Catholic Conference.

Chad Robinson told the delegates that the funeral directors receive calls from people "every week" with complaints about being denied access to family cemeteries, but the organization can't help them. Delegates Webster and Michael began to see how complex the issue is, and that many West Virginians are experiencing problems visiting and protecting their family cemeteries.

Everyone agreed that the various aspects need further study to arrive at solutions that will satisfy all parties. We will continue working with interested parties so that appropriate legislation can be introduced next year.

If you are interested in this issue and havent yet been involved in our cemetery protection work, please contact Carol or Robin at (304) 522-0246.

This issue will continue to be of high priority as we seek to honor and preserve our cultural heritage in the mountains we all love.