SF 406

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to Indian affairs; modifying provisions 
  1.3             related to human remains; amending Minnesota Statutes 
  1.4             1998, sections 138.31, subdivisions 2, 4, and by 
  1.5             adding a subdivision; 138.34; 138.35, subdivision 1b; 
  1.6             138.36, subdivisions 1, 2, and 5; 138.37, subdivisions 
  1.7             2 and 3; and 307.08. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 138.31, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  "State site" or "state archaeological site" means 
  1.12  a land or water area, owned or leased by or subject to the 
  1.13  paramount right of the state, county, township, or municipality 
  1.14  where there are objects or other evidence of archaeological 
  1.15  interest.  This term includes all aboriginal mounds and 
  1.16  earthworks, ancient burial grounds, prehistoric ruins, 
  1.17  historical remains, and other archaeological features on state 
  1.18  land or on land subject to the paramount rights of the state.  
  1.19  Historical remains do not include bottles or ceramics 
  1.20  manufactured after 1875.  Burial mounds, burial sites, and 
  1.21  cemeteries and related features are not included in this 
  1.22  definition. 
  1.23     Sec. 2.  Minnesota Statutes 1998, section 138.31, 
  1.24  subdivision 4, is amended to read: 
  1.25     Subd. 4.  "Object" means a natural or artificial article, 
  1.26  implement, skeleton, bone, or other item of archaeological 
  2.1   interest.  Human remains, human burials, and associated 
  2.2   materials are not included in this definition. 
  2.3      Sec. 3.  Minnesota Statutes 1998, section 138.31, is 
  2.4   amended by adding a subdivision to read: 
  2.5      Subd. 15.  [COUNCIL.] "Council" means the Indian affairs 
  2.6   council established in section 3.922. 
  2.7      Sec. 4.  Minnesota Statutes 1998, section 138.34, is 
  2.8   amended to read: 
  2.9      138.34 [ADMINISTRATION OF THE ACT.] 
  2.10     The state archaeologist shall act as the agent of the state 
  2.11  to administer and enforce the provisions of sections 138.31 to 
  2.12  138.42.  Some enforcement provisions are shared with the society 
  2.13  and the council. 
  2.14     Sec. 5.  Minnesota Statutes 1998, section 138.35, 
  2.15  subdivision 1b, is amended to read: 
  2.16     Subd. 1b.  [CONTRACTS; VOLUNTEERS; GRANTS AND GIFTS.] The 
  2.17  state archaeologist may contract with the federal government, 
  2.18  local governmental units, other states, the university and other 
  2.19  educational institutions, and private persons or organizations 
  2.20  as necessary in the performance of the duties in sections 138.31 
  2.21  to 138.42.  Contracts made under this section for professional 
  2.22  services shall not be subject to chapter 16C, as it relates to 
  2.23  competitive bidding.  The state archaeologist may recruit, 
  2.24  train, and accept, without regard to personnel laws or rules, 
  2.25  the services of individuals as volunteers for or in aid of 
  2.26  performance of the state archaeologist's duties, and may provide 
  2.27  for the incidental expenses of volunteers, such as 
  2.28  transportation, lodging, and subsistence.  The state 
  2.29  archaeologist may apply for, receive, and expend grants and 
  2.30  gifts of money consistent with the powers and duties in sections 
  2.31  138.31 to 138.42.  Any money so received is appropriated for the 
  2.32  purpose for which it was granted.  
  2.33     Sec. 6.  Minnesota Statutes 1998, section 138.36, 
  2.34  subdivision 1, is amended to read: 
  2.35     Subdivision 1.  [CONTENT; ISSUANCE.] The director of the 
  2.36  historical society and, the state archaeologist, and the council 
  3.1   shall formulate and issue such provisions for licenses as are 
  3.2   required to carry out and enforce sections 138.31 to 138.42.  
  3.3      Sec. 7.  Minnesota Statutes 1998, section 138.36, 
  3.4   subdivision 2, is amended to read: 
  3.5      Subd. 2.  [POWER TO ISSUE.] The director of the Minnesota 
  3.6   historical society, acting as an agent of the state, may issue a 
  3.7   license to a qualified person approved by the state 
  3.8   archaeologist and the council to engage in field archaeology on 
  3.9   a specified state site.  The director of the Minnesota 
  3.10  historical society may also issue a license to a qualified 
  3.11  person, either in connection with the right to engage in field 
  3.12  archaeology on a specified site, or alone, to engage in purely 
  3.13  preliminary or exploratory activities in a specified area where 
  3.14  a site is thought to exist.  If a state site or an area to be 
  3.15  described in a license is under the jurisdiction of any other 
  3.16  agency of the state, or, if the field archaeology to be licensed 
  3.17  may interfere with a project of any other agency, the applicant 
  3.18  for a permit shall obtain the approval of that agency.  The 
  3.19  attorney general upon recommendation of the director of the 
  3.20  historical society and the council may apply to the district 
  3.21  court for injunctive relief to restrain activities which in the 
  3.22  director's and the council's opinion may damage historical or 
  3.23  archaeological sites on public lands or waters.  
  3.24     Sec. 8.  Minnesota Statutes 1998, section 138.36, 
  3.25  subdivision 5, is amended to read: 
  3.26     Subd. 5.  [REVOCATION AND SUSPENSION.] The director of the 
  3.27  historical society or the state archaeologist and the council 
  3.28  may revoke or suspend a license because of the improper conduct 
  3.29  of the licensee, the use of improper or substandard methods, or 
  3.30  other good cause. 
  3.31     Sec. 9.  Minnesota Statutes 1998, section 138.37, 
  3.32  subdivision 2, is amended to read: 
  3.33     Subd. 2.  [FIELD ARCHAEOLOGY ON BEHALF OF NONRESIDENT 
  3.34  SCHOOLS AND SCIENTIFIC INSTITUTIONS.] The director of the 
  3.35  Minnesota historical society and the council, with the approval 
  3.36  of the state archaeologist, may agree for the state with an 
  4.1   agency of another state, or with a school or scientific 
  4.2   institution of another state, to permit qualified persons acting 
  4.3   for the nonresident agency, school, or institution to be 
  4.4   licensed to engage in field archaeology in this state.  Under 
  4.5   such an agreement, the director of the historical society and 
  4.6   the state archaeologist shall, at the time the license is 
  4.7   issued, determine the disposition of the objects found.  
  4.8      Sec. 10.  Minnesota Statutes 1998, section 138.37, 
  4.9   subdivision 3, is amended to read: 
  4.10     Subd. 3.  [DISPOSAL OF AND ACQUISITION OF OBJECTS.] If the 
  4.11  best interests of this state are deemed served thereby, the 
  4.12  state archaeologist and the council, with the approval of the 
  4.13  director of the historical society, may barter one or more 
  4.14  objects belonging to this state for one or more objects 
  4.15  belonging to another state, a private person, or any school, 
  4.16  scientific institution, or other body having title thereto; and 
  4.17  the state archaeologist, with the approval of the director of 
  4.18  the historical society, may dispose of one or more objects 
  4.19  belonging to this state.  The state archaeologist and director 
  4.20  of the Minnesota historical society may accept on behalf of the 
  4.21  state any gift of an object, of data, or of any deed to a 
  4.22  privately owned site if they deem the gift valuable to the state 
  4.23  under the provisions of sections 138.31 to 138.42; they may also 
  4.24  accept any gift of money to be used for one or more of the 
  4.25  purposes covered by sections 138.31 to 138.42, but shall be held 
  4.26  strictly accountable to the state for the use made of any such 
  4.27  gift of money.  
  4.28     Sec. 11.  Minnesota Statutes 1998, section 307.08, is 
  4.29  amended to read: 
  4.30     307.08 [DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; 
  4.31  BURIALS; CEMETERIES; PENALTY.] 
  4.32     Subdivision 1.  It is a declaration and statement of 
  4.33  legislative intent that all human burials and human skeletal 
  4.34  remains shall be accorded equal treatment and respect for human 
  4.35  dignity without reference to their ethnic origins, cultural 
  4.36  backgrounds, or religious affiliations.  The provisions of this 
  5.1   section shall apply to all human burials or human skeletal 
  5.2   remains found on or in all public or private lands or waters in 
  5.3   Minnesota.  
  5.4      Subd. 2.  A person who intentionally, willfully, and 
  5.5   knowingly destroys, mutilates, injures, disturbs, or removes 
  5.6   human skeletal remains or, human burial grounds, or associated 
  5.7   grave goods is guilty of a felony.  A person who intentionally, 
  5.8   willfully, or knowingly removes any tombstone, monument, or 
  5.9   structure placed in any public or private cemetery or unmarked 
  5.10  human burial ground, or any fence, railing, or other work 
  5.11  erected for protection or ornament, or any tree, shrub, or plant 
  5.12  or grave goods and artifacts within the limits of the cemetery 
  5.13  or burial ground, and a person who, without authority from the 
  5.14  trustees, state archaeologist, or Indian affairs intertribal 
  5.15  board council, discharges any firearms upon or over the grounds 
  5.16  of any public or private cemetery or authenticated and 
  5.17  identified Indian burial ground, is guilty of a gross 
  5.18  misdemeanor. 
  5.19     Subd. 3.  Every authenticated and identified burial ground 
  5.20  may be posted for protective purposes every 75 feet around its 
  5.21  perimeter with signs listing the activities prohibited by 
  5.22  subdivision 2 and the penalty for violation of it.  Posting is 
  5.23  at the discretion of the Indian affairs council in the case of 
  5.24  Indian burials or at the discretion of the state archaeologist 
  5.25  in the case of non-Indian burials.  Nothing in this subdivision 
  5.26  shall be construed to require posting of every cemetery. 
  5.27     Subd. 3a.  The state archaeologist and the Indian affairs 
  5.28  council shall authenticate identify all burial sites for 
  5.29  purposes of this section and may enter on property for the 
  5.30  purpose of authenticating identifying burial sites.  Only after 
  5.31  obtaining written permission from the property owner or lessee, 
  5.32  descendants of persons buried in burial sites covered by this 
  5.33  section may enter the burial sites for the purpose of conducting 
  5.34  religious ceremonies.  This right of entry must not unreasonably 
  5.35  burden property owners or unnecessarily restrict their use of 
  5.36  the property. 
  6.1      Subd. 4.  The state archaeologist, in the case of 
  6.2   non-Indian burials, and the Indian affairs council, in the case 
  6.3   of Indian burials, shall retain the services of a qualified 
  6.4   professional archaeologist, approved by the state archaeologist 
  6.5   and the Indian affairs council archaeologists, licensed soil 
  6.6   scientists, physical anthropologists, or licensed land 
  6.7   surveyors, as appropriate, for the purpose of gathering 
  6.8   information to authenticate or identify Indian burial grounds 
  6.9   when requested by a concerned scientific or contemporary Indian 
  6.10  ethnic group, when Indian burials are known or suspected to 
  6.11  exist on public or private lands or waters controlled by the 
  6.12  state or political subdivision. 
  6.13     Subd. 5.  The cost of authentication, identification, 
  6.14  marking, and rescue of unmarked or unidentified burial grounds 
  6.15  or burials shall be the responsibility of the state.  The data 
  6.16  collected by this activity that has common value for natural 
  6.17  resource planning must be provided and integrated into the 
  6.18  Minnesota land management information system's geographic and 
  6.19  summary databases according to published data compatibility 
  6.20  guidelines.  Costs associated with this data delivery must be 
  6.21  borne by the state. 
  6.22     Subd. 6.  The size, description and information on the 
  6.23  signs must be approved by the Minnesota state historical society 
  6.24  Indian affairs council, in the case of Indian burials, and the 
  6.25  state archaeologist, in the case of non-Indian burials. 
  6.26     Subd. 7.  All unidentified human remains or burials found 
  6.27  outside of platted, recorded, or identified cemeteries and in 
  6.28  contexts which indicate antiquity greater than 50 years shall be 
  6.29  dealt with according to the provisions of this section.  If such 
  6.30  the burials are not Indian or their ethnic identity cannot be 
  6.31  ascertained, as determined by the state archaeologist a 
  6.32  qualified physical anthropologist, they shall be dealt with in 
  6.33  accordance with provisions established by the state 
  6.34  archaeologist.  If such the burials are Indian, as determined by 
  6.35  the state archaeologist a qualified physical anthropologist, 
  6.36  efforts shall be made by the state archaeologist and the Indian 
  7.1   affairs council to ascertain their tribal identity.  If their 
  7.2   probable tribal identity can be determined, such the remains 
  7.3   shall at the discretion of the state archaeologist and Indian 
  7.4   affairs council, be turned over to contemporary tribal leaders 
  7.5   for disposition.  If it is deemed desirable by the state 
  7.6   archaeologist or the Indian affairs council, such remains shall 
  7.7   be studied by a qualified professional archaeologist before 
  7.8   being delivered to the tribal leaders.  If tribal identity 
  7.9   cannot be determined, the Indian remains must be dealt with in 
  7.10  accordance with provisions established by the state 
  7.11  archaeologist and the Indian affairs council.  
  7.12     Subd. 8.  No authenticated and identified Indian burial 
  7.13  ground may be relocated unless the request to relocate is 
  7.14  approved by the Indian affairs intertribal board council.  When 
  7.15  the Indian burial ground is located on public lands or waters, 
  7.16  the cost of removal is the responsibility of and shall be paid 
  7.17  by the state or political subdivision controlling the lands or 
  7.18  waters.  If large Indian burial grounds are involved, efforts 
  7.19  shall be made by the state to purchase and protect them instead 
  7.20  of removing them to another location.  
  7.21     Subd. 9.  The department of natural resources, the 
  7.22  department of transportation, and all other state agencies and 
  7.23  local governmental units whose activities may be affected, shall 
  7.24  cooperate with the state archaeologist and the Indian affairs 
  7.25  intertribal board council to carry out the provisions of this 
  7.26  section.  
  7.27     Subd. 10.  When Indian burials are known or suspected to 
  7.28  exist, on public lands or waters, the state or political 
  7.29  subdivision controlling the lands or waters shall submit 
  7.30  construction and development plans to the state archaeologist 
  7.31  and the Indian affairs intertribal board council for review 
  7.32  prior to the time bids are advertised.  The state archaeologist 
  7.33  and the Indian affairs intertribal board council shall promptly 
  7.34  review the plans and make recommendations for the preservation 
  7.35  or removal of the human burials or remains, which may be 
  7.36  endangered by construction or development activities.