as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 01/20/1998 |
1.1 A bill for an act 1.2 relating to Indian affairs; modifying provisions 1.3 relating to human remains; amending Minnesota Statutes 1.4 1996, sections 307.08; and 307.082, subdivision 2. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 1996, section 307.08, is 1.7 amended to read: 1.8 307.08 [DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; 1.9 BURIALS; CEMETERIES; PENALTY.] 1.10 Subdivision 1. It is a declaration and statement of 1.11 legislative intent that all human burials and human skeletal 1.12 remains shall be accorded equal treatment and respect for human 1.13 dignity without reference to their ethnic origins, cultural 1.14 backgrounds, or religious affiliations. The provisions of this 1.15 section shall apply to all human burials or human skeletal 1.16 remains found on or in all public or private lands or waters in 1.17 Minnesota. 1.18 Subd. 2. A person who intentionally, willfully, and 1.19 knowingly destroys, mutilates, injures, disturbs, or removes 1.20 human skeletal remainsor, human burial grounds, or associated 1.21 grave goods is guilty of a felony. A person who intentionally, 1.22 willfully, or knowingly removes any tombstone, monument, or 1.23 structure placed in any public or private cemetery or unmarked 1.24 human burial ground, or any fence, railing, or other work 1.25 erected for protection or ornament, or any tree, shrub, or plant 2.1or grave goods and artifactswithin the limits of the cemetery 2.2 or burial ground, and a person who, without authority from the 2.3 trustees,state archaeologistcounty or local political 2.4 subdivision, or Indian affairsintertribal boardcouncil, 2.5 discharges any firearms upon or over the grounds of any public 2.6 or private cemetery orauthenticated andidentified Indian 2.7 burial ground, is guilty of a gross misdemeanor. 2.8 Subd. 3. Everyauthenticated andidentified burial ground 2.9 may be posted for protective purposes every 75 feet around its 2.10 perimeter with signs listing the activities prohibited by 2.11 subdivision 2 and the penalty for violation of it. Posting is 2.12 at the discretion of the Indian affairs council in the case of 2.13 Indian burials or at the discretion of thestate archaeologist2.14 county or local political subdivision in the case of non-Indian 2.15 burials. Nothing in this subdivision shall be construed to 2.16 require posting of every cemetery. 2.17 Subd. 3a. Thestate archaeologistIndian affairs council 2.18 shallauthenticateidentify all Indian burial sites for purposes 2.19 of this section and may enter on property for the purpose 2.20 ofauthenticatingidentifying burial sites. Only after 2.21 obtaining written permission from the property owner or lessee, 2.22 descendants of persons buried in burial sites covered by this 2.23 section may enter the burial sites for the purpose of conducting 2.24 religious ceremonies. This right of entry must not unreasonably 2.25 burden property owners or unnecessarily restrict their use of 2.26 the property. 2.27 Subd. 4. ThestateIndian affairs council shall retain the 2.28 servicesof a qualified professional archaeologist, approved by2.29the state archaeologist and the Indian affairs2.30council,appropriate forthe purpose ofgathering information to 2.31authenticate oridentify Indian burial grounds when requested by 2.32 a concerned scientific or contemporary Indian ethnic group, when 2.33 Indian burials are known or suspected to exist on public or 2.34 private lands or waterscontrolled by the state or political2.35subdivision. 2.36 Subd. 5. The cost ofauthentication,identification, 3.1 marking, and rescue of unmarked or unidentified burial grounds 3.2 or burials shall be the responsibility of the state. The data 3.3 collected by this activity that has common value for natural 3.4 resource planning must be provided and integrated into the 3.5 Minnesota land management information system's geographic and 3.6 summary databases according to published data compatibility 3.7 guidelines. Costs associated with this data delivery must be 3.8 borne by the state. 3.9 Subd. 6. The size, description, and information on the 3.10 signs must be approved by theMinnesota state historical society3.11 Indian affairs council, in the case of Indian burials, and the 3.12 county or local political subdivision, in the case of non-Indian 3.13 burials. 3.14 Subd. 7. All unidentified human remains or burials found 3.15 outside of platted, recorded, or identified cemeteries and in 3.16 contexts which indicate antiquity greater than 50 years shall be 3.17 dealt with according to the provisions of this section. Ifsuch3.18 the burials are not Indian or their ethnic identity cannot be 3.19 ascertained, as determined bythe state archaeologista 3.20 qualified professional osteologist, they shall be dealt within3.21accordance with provisions established by the state3.22archaeologistby the county or local political subdivision. If 3.23suchthe burials are Indian,as determined by the state3.24archaeologist,efforts shall be made by thestate archaeologist3.25and theIndian affairs council to ascertain their tribal 3.26 identity. If their probable tribal identity can be determined, 3.27suchthe remains shallat the discretion of the state3.28archaeologist and Indian affairs council,be turned over to 3.29 contemporary tribal leaders for disposition.If it is deemed3.30desirable by the state archaeologist or the Indian affairs3.31council, such remains shall be studied by a qualified3.32professional archaeologist before being delivered to the tribal3.33leaders.If tribal identity cannot be determined, the Indian 3.34 remains must be dealt with in accordance with provisions 3.35 established by thestate archaeologist and theIndian affairs 3.36 council. 4.1 Subd. 8. Noauthenticated andidentified Indian burial 4.2 ground may be relocated unless the request to relocate is 4.3 approved by the Indian affairsintertribal boardcouncil. When 4.4 the Indian burial ground is located on public lands or waters, 4.5 the cost of removal is the responsibility of and shall be paid 4.6 by the state or political subdivision controlling the lands or 4.7 waters. If large Indian burial grounds are involved, efforts 4.8 shall be made by the state to purchase and protect them instead 4.9 of removing them to another location. 4.10 Subd. 9. The department of natural resources, the 4.11 department of transportation, and all other state agencies and 4.12 local governmental units whose activities may be affected, shall 4.13 cooperate with thestate archaeologist and theIndian affairs 4.14intertribal boardcouncil to carry out the provisions of this 4.15 section. 4.16 Subd. 10. When Indian burials are known or suspected to 4.17 exist, on public lands or waters, the state or political 4.18 subdivision controlling the lands or waters shall submit 4.19 construction and development plans tothe state archaeologist4.20andthe Indian affairsintertribal boardcouncil for review 4.21 prior to the time bids are advertised. Thestate archaeologist4.22and theIndian affairsintertribal boardcouncil shall promptly 4.23 review the plans and make recommendations for the preservation 4.24 or removal of the human burials or remains, which may be 4.25 endangered by construction or development activities. 4.26 Sec. 2. Minnesota Statutes 1996, section 307.082, 4.27 subdivision 2, is amended to read: 4.28 Subd. 2. [ACTION.] A person or entity listed in 4.29 subdivision 1 may maintain a civil action seeking a temporary or 4.30 permanent injunction, damages, or other appropriate relief 4.31 against a person who is alleged to have committed a violation of 4.32 section 307.08, subdivision 2. The action must be brought 4.33 within two years after the alleged violation is discovered and 4.34 reported to thestate archaeologistattorney general or the 4.35 Indian affairs council. The action must be filed in either the 4.36 district court of the county in which the subject burial ground 5.1 is located or in which the defendant resides.