Proposed Legislation Endangers Effigy Mounds

By A.J. Cloud



Earlier in December State Senator Chris Kapenga (R-Delafield) and State Representative Robert Brooks (R-Saukville) introduced legislation that establishes a procedure for property owner’s to challenge the existence of human remains at burial sites.

If passed, the legislation proposed by Kapenga and Brooks would dismantle parts of the 1986 Wisconsin Burial Sites Protection Act. The Burial Sites Protection Act requires the director of the Wisconsin Historical Society to identify and record in a catalogue burial sites throughout the state. Once a burial site has been identified and catalogued it is protected from disturbance.

Existing effigy mounds throughout Wisconsin have been catalogued and given designation that disturbance is prohibited. The Wisconsin Historical Society reported that there are a total of 9,629 burial sites. 1,420 of the 9,629 have been catalogued by the society and they include ancient mound groups, family cemeteries, and active cemeteries.

Currently, the proposed legislation has not been heard on either floors of the senate nor the assembly, but it is being circulated among members of each house for co-sponsorship. The Wisconsin State Legislature is on break and will reconvene on January 11, 2016.

Archaeologist Kurt Sampson states, the proposed legislation has “serious ramifications for prehistorical and historical preservation.” Sampson explained, at the time of early European contact there were estimated 25,000-35,000 effigy mounds. Over time it has been estimated that ninety percent of mounds have been destroyed by development or by natural overgrowth.

On the flipside of preservation stands eager extraction companies such as Madison based companies Wingra Stone and Wingra Redi-Mix. Both companies provide construction aggregates and redi-mixed concrete to communities and customers in and around Madison.

The property owned by Wingra Stone and Wingra Redi-Mix since 1962 is located north of McFarland, Wisconsin and contains the site known as the Ward Mound group which once contained seven effigy mounds, and today contains a bird effigy and remnants of a fox effigy.

The Ward Mound group in jeopardy sits atop rich limestone aggregate that Wingra Redi-Mix estimates a $10-15 million profit. The legal battle between industrial interests and the Nation along with the Wisconsin Historical Society to excavate the Ward Mound group has been ongoing since 2010.

On December 16, Senator Kapenga held a town hall meeting at the Waukesha Public Library where the issue of his proposed legislation was vocalized by preservation advocates and Nation leadership.

During the meeting, District 2 Representative David Greendeer addressed Senator Kapanga, “Those mound sites are holy period, that’s it. We don’t desecrate holy things. I’m not going to go into a church and burn it down…this is a holy site, we didn’t have brick and mortar, we used what was around us because we have balance with nature.”

For interested tribal members; there will be a demonstration at the State Capitol building set for January 12, 2016 from 1-3 p.m. Participation is encouraged and greatly appreciated.



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