SF 2361

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  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 remains or, 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 
  2.1   or grave goods and artifacts within the limits of the cemetery 
  2.2   or burial ground, and a person who, without authority from the 
  2.3   trustees, state archaeologist county or local political 
  2.4   subdivision, or Indian affairs intertribal board council, 
  2.5   discharges any firearms upon or over the grounds of any public 
  2.6   or private cemetery or authenticated and identified Indian 
  2.7   burial ground, is guilty of a gross misdemeanor. 
  2.8      Subd. 3.  Every authenticated and identified 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 the state archaeologist 
  2.14  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.  The state archaeologist Indian affairs council 
  2.18  shall authenticate identify all Indian burial sites for purposes 
  2.19  of this section and may enter on property for the purpose 
  2.20  of authenticating identifying 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.  The state Indian affairs council shall retain the 
  2.28  services of a qualified professional archaeologist, approved by 
  2.29  the state archaeologist and the Indian affairs 
  2.30  council, appropriate for the purpose of gathering information to 
  2.31  authenticate or identify 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 waters controlled by the state or political 
  2.35  subdivision. 
  2.36     Subd. 5.  The cost of authentication, 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 the Minnesota state historical society 
  3.11  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.  If such 
  3.18  the burials are not Indian or their ethnic identity cannot be 
  3.19  ascertained, as determined by the state archaeologist a 
  3.20  qualified professional osteologist, they shall be dealt with in 
  3.21  accordance with provisions established by the state 
  3.22  archaeologist by the county or local political subdivision.  If 
  3.23  such the burials are Indian, as determined by the state 
  3.24  archaeologist, efforts shall be made by the state archaeologist 
  3.25  and the Indian affairs council to ascertain their tribal 
  3.26  identity.  If their probable tribal identity can be determined, 
  3.27  such the remains shall at the discretion of the state 
  3.28  archaeologist and Indian affairs council, be turned over to 
  3.29  contemporary tribal leaders for disposition.  If it is deemed 
  3.30  desirable by the state archaeologist or the Indian affairs 
  3.31  council, such remains shall be studied by a qualified 
  3.32  professional archaeologist before being delivered to the tribal 
  3.33  leaders.  If tribal identity cannot be determined, the Indian 
  3.34  remains must be dealt with in accordance with provisions 
  3.35  established by the state archaeologist and the Indian affairs 
  3.36  council.  
  4.1      Subd. 8.  No authenticated and identified Indian burial 
  4.2   ground may be relocated unless the request to relocate is 
  4.3   approved by the Indian affairs intertribal board council.  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 the state archaeologist and the Indian affairs 
  4.14  intertribal board council 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 to the state archaeologist 
  4.20  and the Indian affairs intertribal board council for review 
  4.21  prior to the time bids are advertised.  The state archaeologist 
  4.22  and the Indian affairs intertribal board council 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 the state archaeologist attorney 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.