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Minnesota Legislature

Office of the Revisor of Statutes

HF 2055

as introduced - 91st Legislature (2019 - 2020) Posted on 07/09/2019 01:23pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/04/2019

Current Version - as introduced

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A bill for an act
relating to state government; modifying provisions pertaining to historical societies;
amending Minnesota Statutes 2018, sections 138.081; 138.31, by adding a
subdivision; 138.34; 138.40; 138.665, subdivision 2; 138.666; 138.667; 138.763,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 138.081, is amended to read:


138.081 FEDERAL FUNDS, ACTS.

Subdivision 1.

Department of Administration as agency to accept federal funds.

The
Department of Administration is hereby designated the state agency with power to accept
any and all money provided for or made available to this state by the United States of
America or any department or agency thereof for surveys, restoration, construction,
equipping, or other purposes relating to the State Historic deleted text beginsitesdeleted text endnew text begin Preservationnew text end Program in
accordance with the provisions of federal law and any rules or regulations promulgated
thereunder and are further authorized to do any and all things required of this state by such
federal law and the rules and regulations promulgated thereunder in order to obtain such
federal money.

Subd. 2.

Commissioner's responsibilities.

The commissioner new text beginas the state historic
preservation officer
new text endshall be responsible for the preparation, implementation and
administration of the State Historic Preservation Plan and shall administer the State Historic
Preservation Program authorized by the National Historic Preservation Act (United States
Code, title deleted text begin16deleted text endnew text begin 54new text end, section deleted text begin470deleted text endnew text begin 300101new text end et seq. deleted text beginas amendeddeleted text end). The commissioner shall review
and approve in writing all grants-in-aid for architectural, archaeological and historic
preservation made by state agencies and funded by the state or a combination of state and
federal funds in accordance with the State Historic Preservation Program.

Subd. 3.

Administration of federal act.

The deleted text beginDepartment of Administrationdeleted text endnew text begin Minnesota
Historical Society
new text end is designated as the state agency to administer the provisions of the federal
act providing for the preservation of historical and archaeological data, United States Code,
title deleted text begin16deleted text endnew text begin 54new text end, deleted text beginsections 469 to 469Cdeleted text endnew text begin section 312501, as amendednew text end, insofar as the provisions of
the act provide for implementation by the state.

Sec. 2.

Minnesota Statutes 2018, section 138.31, is amended by adding a subdivision to
read:


new text begin Subd. 13a. new text end

new text begin State Historic Preservation Office. new text end

new text begin "State Historic Preservation Office"
means the State Historic Preservation Office at the Department of Administration.
new text end

Sec. 3.

Minnesota Statutes 2018, section 138.34, is amended to read:


138.34 ADMINISTRATION OF THE ACT.

The state archaeologist shall act as the agent of the state to administer and enforce the
provisions of sections 138.31 to 138.42. Some enforcement provisions are shared with the
societynew text begin and the State Historic Preservation Officenew text end.

Sec. 4.

Minnesota Statutes 2018, section 138.40, is amended to read:


138.40 COOPERATION OF STATE AGENCIES; DEVELOPMENT PLANS.

Subdivision 1.

Cooperation.

The Department of Natural Resources, the Department of
Transportation, and all other state agencies whose activities may be affected, shall cooperate
with the historical societynew text begin, the State Historic Preservation Office,new text end and the state archaeologist
to carry out the provisions of sections 138.31 to 138.42 and the rules issued thereunder, but
sections 138.31 to 138.42 are not meant to burden persons who wish to use state property
for recreational and other lawful purposes or to unnecessarily restrict the use of state property.

Subd. 2.

Compliance, enforcement, preservation.

State and other governmental agencies
shall comply with and aid in the enforcement of provisions of sections 138.31 to 138.42.
Conservation officers and other enforcement officers of the Department of Natural Resources
shall enforce the provisions of sections 138.31 to 138.42 and report violations to the deleted text begindirector
of the society
deleted text endnew text begin state archeologistnew text end. When archaeological or historic sites are known or, based
on scientific investigations are predicted to exist on public lands or waters, the agency or
department controlling said lands or waters shall use the professional services of
archaeologists from the University of Minnesota, Minnesota Historical Society, or other
qualified professional archaeologists, to preserve these sites. In the event that archaeological
excavation is required to protect or preserve these sites, state and other governmental agencies
may use their funds for such activities.

Subd. 3.

Review of plans.

When significant archaeological or historic sites are known
or, based on scientific investigations, are predicted to exist on public lands or waters, the
agency or department controlling said lands or waters shall submit construction or
development plans to the state archaeologist and the deleted text begindirector of the societydeleted text endnew text begin State Historic
Preservation Office
new text end for review prior to the time bids are advertised. The state archaeologist
and the deleted text beginsocietydeleted text endnew text begin State Historic Preservation Officenew text end shall promptly review such plans and
within 30 days of receiving the plans shall make recommendations for the preservation of
archaeological or historic sites which may be endangered by construction or development
activities. When archaeological or historic sites are related to Indian history or religion, the
state archaeologist shall submit the plans to the Indian Affairs Council for the council's
review and recommend action.

Sec. 5.

Minnesota Statutes 2018, section 138.665, subdivision 2, is amended to read:


Subd. 2.

deleted text beginMediationdeleted text endnew text begin Review processnew text end.

The state, state departments, agencies, and political
subdivisions, including the Board of Regents of the University of Minnesota, have a
responsibility to protect the physical features and historic character of properties designated
in sections 138.662 and 138.664 or listed on the National Register of Historic Places created
by Public Law 89-665. Before carrying out any undertaking that will affect designated or
listed properties, or funding or licensing an undertaking by other parties, the state department
or agency shall consult with the State Historic Preservation Office pursuant to deleted text beginthe society'sdeleted text end
new text begin the State Historic Preservation Office's new text endestablished procedures to determine appropriate
treatments and to seek ways to avoid and mitigate any adverse effects on designated or
listed properties. If the state department or agency and the State Historic Preservation Office
agree in writing on a suitable course of action, the project may proceed. If the parties cannot
agree, any one of the parties may request that the governor appoint and convene a mediation
task force consisting of five members, two appointed by the governor, the chair of the State
Review Board of the State Historic Preservation Office, the commissioner of administration
or the commissioner's designee, and one member deleted text beginwho is not an employee of the Minnesota
Historical Society
deleted text end appointed by the director of thenew text begin Minnesota Historicalnew text end Society. The two
appointees of the governor and deleted text beginthe onedeleted text end of the director of the society shall be qualified by
training or experience in one or more of the following disciplines: (1) history; (2)
archaeology; and (3) architectural history. The mediation task force is not subject to the
conditions of section 15.059. This subdivision does not apply to section 138.662, subdivision
24
, and section 138.664, subdivisions 8 and 111.

Sec. 6.

Minnesota Statutes 2018, section 138.666, is amended to read:


138.666 COOPERATION.

The state, state departments and agencies, political subdivisions, and the Board of Regents
of the University of Minnesota shall cooperate with the Minnesota Historical Society new text beginand
the State Historic Preservation Office
new text endin safeguarding state historic sites and in the
preservation of historic and archaeological properties.

Sec. 7.

Minnesota Statutes 2018, section 138.667, is amended to read:


138.667 HISTORIC PROPERTIES; CHANGES.

Properties designated as historic properties by sections 138.661 to 138.664 may be
changed from time to time, and the Minnesota Historical Society new text beginand the State Historic
Preservation Office
new text endshall notify the legislature of the need for changes, and shall make
recommendations to keep the state historic sites network and the state register of historic
places current and complete. The significance of properties proposed for designation new text beginunder
section 138.663, subdivision 2,
new text endshall be documented under the documentation standards
established by the deleted text beginMinnesota Historical Societydeleted text endnew text begin State Historic Preservation Officenew text end. deleted text beginThisdeleted text end
Documentation shall include the opinion of the Minnesota Historical Societynew text begin for the historic
sites network under section 138.661, subdivision 3, or the State Historic Preservation Office
for the state register of historic places under section 138.663, subdivision 2,
new text end as to whether
the property meets the selection criteria.

Sec. 8.

Minnesota Statutes 2018, section 138.763, subdivision 1, is amended to read:


Subdivision 1.

Membership.

There is a St. Anthony Falls Heritage Board consisting of
22 members with the director of the Minnesota Historical Society as chair. The members
include the mayor; the chair of the Hennepin County Board of Commissioners or the chair's
designee; the president of the Minneapolis Park and Recreation Board or the president's
designee; the superintendent of the park board; two members each from the house of
representatives appointed by the speaker, the senate appointed by the Rules Committee, the
city council, the Hennepin County Board, and the park board; one member each from the
preservation commission, the new text beginState Historic new text endPreservation Office, Hennepin County Historical
Society, and the society; one person appointed by the park board; and two persons appointed
by the chair of the board.