SF 1225

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to historic sites; limiting involvement of 
  1.3             archaeologist to known sites; amending Minnesota 
  1.4             Statutes 2002, section 138.40, subdivisions 2, 3. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 138.40, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [COMPLIANCE, ENFORCEMENT, PRESERVATION.] State 
  1.9   and other governmental agencies shall comply with and aid in the 
  1.10  enforcement of provisions of sections 138.31 to 138.42.  
  1.11  Conservation officers and other enforcement officers of the 
  1.12  department of natural resources shall enforce the provisions of 
  1.13  sections 138.31 to 138.42 and report violations to the director 
  1.14  of the society.  When archaeological or historic sites are known 
  1.15  or, based on scientific investigations or, are suspected 
  1.16  predicted to exist on public lands or waters, the agency or 
  1.17  department controlling said lands or waters shall use the 
  1.18  professional services of archaeologists from the University of 
  1.19  Minnesota, Minnesota historical society, or other qualified 
  1.20  professional archaeologists, to preserve these sites.  In the 
  1.21  event that archaeological excavation is required to protect or 
  1.22  preserve these sites, state and other governmental agencies may 
  1.23  use their funds for such activities. 
  1.24     Sec. 2.  Minnesota Statutes 2002, section 138.40, 
  1.25  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [REVIEW OF PLANS.] When significant 
  2.2   archaeological or historic sites are known or suspected, based 
  2.3   on a scientific investigation, are predicted to exist on public 
  2.4   lands or waters, the agency or department controlling said lands 
  2.5   or waters shall submit construction or development plans to the 
  2.6   state archaeologist and the director of the society for review 
  2.7   prior to the time bids are advertised.  The state archaeologist 
  2.8   and the society shall promptly review such plans and within 30 
  2.9   days of receiving the plans shall make recommendations for the 
  2.10  preservation of archaeological or historic sites which may be 
  2.11  endangered by construction or development activities.  When 
  2.12  archaeological or historic sites are related to Indian history 
  2.13  or religion, the state archaeologist shall submit the plans to 
  2.14  the Indian affairs council for the council's review and 
  2.15  recommend action.