Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 282--S.F.No. 1015
           An act relating to cemeteries; increasing the penalty 
          for illegal molestation of human remains; requiring 
          the state or political subdivision to obtain 
          archaeologist services and to pay for removal of 
          Indian burial grounds under certain circumstances; 
          amending Minnesota Statutes 1982, section 307.08, 
          subdivisions 2, 4, 8, and 10.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 307.08, 
subdivision 2, is amended to read:  
    Subd. 2.  Every A person who shall wilfully intentionally, 
willfully, or knowingly destroy destroys, mutilate mutilates, 
injure injures, or remove removes human skeletal remains or 
human burials, or remove removes any tombstone, monument, or 
structure placed in any public or private cemetery or unmarked 
human burial ground, or any fence, railing, or other work 
erected for protection or ornament, or any tree, shrub, or plant 
or grave goods and artifacts within the limits thereof of the 
cemetery or burial ground, and every a person who, without 
authority from the trustees, state archaeologist, or Indian 
affairs intertribal board, shall discharge discharges any 
firearms upon or over the grounds of any public or private 
cemetery or authenticated and identified Indian burial ground, 
shall be is guilty of a gross misdemeanor. 
    Sec. 2.  Minnesota Statutes 1982, section 307.08, 
subdivision 4, is amended to read:  
    Subd. 4.  The state shall retain the services of a 
qualified professional archaeologist, approved by the state 
archaeologist and the Indian affairs intertribal board shall 
authenticate and identify, for the purpose of authenticating and 
identifying Indian burial grounds when requested by the 
political subdivision in which the alleged Indian burial grounds 
are located, or by a concerned scientific or contemporary Indian 
ethnic group, when Indian burials are known or suspected to 
exist on public lands or waters controlled by the state or 
political subdivision. 
    Sec. 3.  Minnesota Statutes 1982, section 307.08, 
subdivision 8, is amended to read:  
    Subd. 8.  The Indian affairs intertribal board must approve 
any request to relocate an authenticated and identified Indian 
burial ground.  No authenticated and identified Indian burial 
ground may be relocated unless the request to relocate is 
approved by the Indian affairs intertribal board.  When the 
Indian burial ground is located on public lands or waters, the 
cost of removal is the responsibility of and shall be paid by 
the state or political subdivision controlling the lands or 
waters.  If large Indian burial grounds are involved, efforts 
shall be made by the state to purchase and protect them instead 
of removing them to another location.  
    Sec. 4.  Minnesota Statutes 1982, section 307.08, 
subdivision 10, is amended to read:  
    Subd. 10.  When Indian burials are known or suspected to 
exist, on public lands or waters, the agency or department state 
or political subdivision controlling said the lands or waters 
shall submit construction and development plans to the state 
archaeologist and the Indian affairs intertribal board for 
review prior to the time bids are advertised.  The state 
archaeologist and the Indian affairs intertribal board shall 
promptly review such the plans and make recommendations for the 
preservation or removal of the human burials or remains, which 
may be endangered by construction or development activities. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Sections 2 to 4 are effective the day following final 
enactment.  Section 1 is effective August 1, 1983. 
    Approved June 6, 1983