Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 181-S.F.No. 1244 
           An act relating to the Minnesota historical society; 
          recodifying the historic sites act of 1965; providing 
          for a recorded music center; requiring a study of 
          Carver's Cave; proposing coding for new law in 
          Minnesota Statutes, chapter 138; repealing Minnesota 
          Statutes 1992, sections 138.025; 138.027; 138.52; 
          138.53; 138.55; 138.56; 138.58; 138.59; 138.60; 
          138.61; 138.62; 138.63; 138.64; 138.65; and 138.66. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  [138.661] [STATE HISTORIC SITE NETWORK.] 
    Subdivision 1.  [SCOPE.] Historic sites in section 2 
constitute the state historic site network.  The sites are 
significant state resources that the Minnesota historical 
society is preserving, developing, interpreting, and maintaining 
for public use, benefit, and access during open hours. 
    Subd. 2.  [AUTHORITY.] The Minnesota historical society 
shall exercise the administration and control of the sites in 
section 2 other than the Minnesota State Capitol, preserve their 
historic features, conduct archaeological investigations, 
establish necessary interpretive centers, and perform additional 
duties and services at the sites necessary to meet their 
educational mission.  Ownership of the properties is either by 
the state or the Minnesota historical society.  The Minnesota 
historical society may contract with existing state departments 
and agencies for materials and services, including utility 
services, necessary for the administration and maintenance of 
the sites listed in section 2.  The authority of the 
commissioner of natural resources to administer and control the 
historic sites enumerated in section 2 is withdrawn, and is 
conferred upon the Minnesota historical society.  The 
commissioner of natural resources shall continue to administer 
and control the state parks enumerated in this section excepting 
the portions designated as historic sites, the administration 
and control of which is by this section vested in the Minnesota 
historical society. 
    Subd. 3.  [SELECTION CRITERIA.] The criteria for selecting 
historic sites for the state historic site network is described 
in section 86A.05, subdivision 11, paragraph (b). 
    Subd. 4.  [PUBLIC ACCESS AND USE.] Historic sites in the 
state historic site network shall be developed and interpreted 
by the Minnesota historical society for public use and access 
with state appropriations or with other nonstate sources of 
funding designated for that purpose.  Public use may be limited 
to a seasonal basis as determined by the Minnesota historical 
society. 
    Subd. 5.  [MASTER PLANS.] Historic sites in the state 
historic site network shall be developed and operated in 
accordance with master plans as described in section 86A.09. 
    Sec. 2.  [138.662] [HISTORIC SITES.] 
    Subdivision 1.  [NAMED.] Historic sites established and 
confirmed as historic sites together with the counties in which 
they are situated are listed in this section and shall be named 
as indicated in this section.  
    Subd. 2.  Alexander Ramsey House; Ramsey county. 
    Subd. 3.  Birch Coulee Battlefield; Renville county. 
    Subd. 4.  Bourassa's Fur Post; St. Louis county. 
    Subd. 5.  Burbank Livingston Griggs House; Ramsey county. 
    Subd. 6.  Camp Coldwater; Hennepin county. 
    Subd. 7.  Charles A. Lindbergh House; Morrison county. 
    Subd. 8.  Folsom House; Chisago county. 
    Subd. 9.  Forest History Center; Itasca county. 
    Subd. 10.  Fort Renville; Chippewa county. 
    Subd. 11.  Fort Ridgely; Nicollet county. 
    Subd. 12.  Grand Mound; Koochiching county. 
    Subd. 13.  Harkin Store; Nicollet county. 
    Subd. 14.  Historic Fort Snelling; Hennepin county. 
    Subd. 15.  Itasca Headwaters; Clearwater county. 
    Subd. 16.  James J. Hill House; Ramsey county. 
    Subd. 17.  Jeffers Petroglyphs; Cottonwood county. 
    Subd. 18.  Lac Qui Parle Mission; Chippewa county. 
    Subd. 19.  Lower Sioux Agency; Redwood county. 
    Subd. 20.  Marine Mill; Washington county. 
    Subd. 21.  Meighen Store; Fillmore county. 
    Subd. 22.  Mille Lacs Indian Museum; Mille Lacs county. 
    Subd. 23.  Minnehaha Depot; Hennepin county. 
    Subd. 24.  Minnesota State Capitol; Ramsey county. 
    Subd. 25.  Morrison Mounds; Otter Tail county. 
    Subd. 26.  North West Company Fur Post; Pine county. 
    Subd. 27.  Oliver H. Kelley Farm; Sherburne county. 
    Subd. 28.  Solomon G. Comstock House; Clay county. 
    Subd. 29.  Split Rock Lighthouse; Lake county. 
    Subd. 30.  Stumne Mounds; Pine county. 
    Subd. 31.  Trail Along Railroad Right-Of-Way; Hennepin 
county. 
    Subd. 32.  Traverse Des Sioux; Nicollet county. 
    Subd. 33.  Upper Sioux Agency; Yellow Medicine county. 
    Subd. 34.  William G. Le Duc House; Dakota county. 
    Subd. 35.  William W. Mayo House; Le Sueur county. 
    Sec. 3.  [138.663] [STATE REGISTER OF HISTORIC PLACES.] 
    Subdivision 1.  [POLICY.] The land and water areas in 
section 4 comprise the state register of historic places.  In 
the effort to preserve the historical values of the state, 
outstanding properties possessing historical, architectural, 
archaeological, and aesthetic values are of paramount importance 
in the development of the state; in the face of ever increasing 
extensions of urban centers, highways, and residential, 
commercial, and industrial developments, it is important to 
inventory historical values.  It is in the public interest to 
provide a register of these historic properties which represent 
and reflect elements of the state's cultural, social, economic, 
religious, political, architectural, and aesthetic heritage.  
The properties in section 4 are not operated by the Minnesota 
historical society for historical interpretive or public use and 
access purposes. 
    Subd. 2.  [SELECTION CRITERIA.] Historic properties 
selected for inclusion in the State Register of Historic Places 
are based on the following criteria:  
    (1) the quality of significance in American history, 
architecture, archaeology, engineering, and culture that is 
present in districts, sites, buildings, structures, and objects 
that possess integrity of location, design, setting, materials, 
workmanship, feeling, and association; 
    (2) association with events that have made a significant 
contribution to the broad patterns of our history; 
    (3) association with the lives of persons significant in 
our past; 
    (4) embodiment of the distinctive characteristics of a 
type, period, or method of construction, or that represent the 
work of a master, or that possess high artistic values, or that 
represent a significant and distinguishable entity whose 
components may lack individual distinction; or 
    (5) the yielding or likelihood of yielding information 
pertinent in prehistory or history. 
    Sec. 4.  [138.664] [HISTORIC PLACES.] 
    Subdivision 1.  [NAMED.] Historic places established and 
confirmed as historic places together with the counties in which 
they are situated are listed in this section and shall be named 
as indicated in this section.  
    Subd. 2.  1848 Convention Site; Washington county. 
    Subd. 3.  Administration Building 10 at the Minnesota 
Veterans Home; Hennepin county. 
    Subd. 4.  Aerial Lift Bridge; St. Louis county. 
    Subd. 5.  Alexander Faribault House; Rice county. 
    Subd. 6.  Andrew J. Volstead House; Yellow Medicine county. 
    Subd. 7.  August Schell Brewing Company; Brown county. 
    Subd. 8.  Battle Point; Cass county. 
    Subd. 9.  Blue Mound; Rock county. 
    Subd. 10.  Bradbury Homestead; Otter Tail county. 
    Subd. 11.  Brooklyn Farm (Earle Brown Farm); Hennepin 
county. 
    Subd. 12.  Browns Valley Site; Traverse county. 
    Subd. 13.  Buffalo Ridge; Murray county. 
    Subd. 14.  Camp Pope; Redwood county. 
    Subd. 15.  Cantonment New Hope; Dakota county. 
    Subd. 16.  Carver's Cave; Ramsey county. 
    Subd. 17.  Chapel St. Paul; Ramsey county. 
    Subd. 18.  Consumers Pure Ice and Storage Company Building; 
Benton county. 
    Subd. 19.  Continental Divide; St. Louis county. 
    Subd. 20.  Continental Divide; Traverse county. 
    Subd. 21.  Cook-Hormel House; Mower county. 
    Subd. 22.  Duluth Ship Canal; St. Louis county. 
    Subd. 23.  Duluth Union Depot; St. Louis county. 
    Subd. 24.  E. J. Longyear First Diamond Drill Site; St. 
Louis county. 
    Subd. 25.  Eugene Saint Julien Cox House; Nicollet county. 
    Subd. 26.  Falls of St. Anthony; Hennepin county. 
    Subd. 27.  Flat Lake Mounds; Becker county. 
    Subd. 28.  Fort Beauharnois; Goodhue county. 
    Subd. 29.  Fort Pomme De Terre, Pelican Lake Township; 
Grant county. 
    Subd. 30.  Fort Ripley; Morrison county. 
    Subd. 31.  Fort St. Charles; Lake of the Woods county. 
    Subd. 32.  Frank B. Kellogg House; Ramsey county. 
    Subd. 33.  F. Scott Fitzgerald House; Ramsey county. 
    Subd. 34.  Fugle's Mill; Olmsted county. 
    Subd. 35.  Gideon H. and Sarah Pond House; Hennepin county. 
    Subd. 36.  Grand Army of the Republic Hall; Meeker county. 
    Subd. 37.  Grand Portage; Cook county. 
    Subd. 38.  Grand Portage of the Saint Louis River; Carlton 
county. 
    Subd. 39.  Height of Land; Cook county. 
    Subd. 40.  Historic Hill District; Ramsey county. 
    Subd. 41.  Hull-Rust-Mahoning Mine; St. Louis county. 
    Subd. 42.  Indian Mounds Park Site; Ramsey county. 
    Subd. 43.  Ingeborg and Olof Swensson Farmstead; Chippewa 
county. 
    Subd. 44.  Irvine Park Historic District; Ramsey county. 
    Subd. 45.  Joseph R. Brown Historical Interpretive Center; 
Sibley county. 
    Subd. 46.  Joseph R. Brown House Ruins; Renville county. 
    Subd. 47.  Kari and Thomas Veblen Farmstead; Rice county. 
    Subd. 48.  Kensington Runestone Discovery Site; Douglas 
county. 
    Subd. 49.  Kettle Falls Hotel; St. Louis county. 
    Subd. 50.  Larson Mill; Marshall county. 
    Subd. 51.  Malmo Mounds and Village Site; Aitkin county. 
    Subd. 52.  Matilda and Willard Bunnell House; Winona county.
    Subd. 53.  May and Ray B. Hinkly House; Rock county. 
    Subd. 54.  Mayowood; Olmsted county. 
    Subd. 55.  Mendota Historic District; Dakota county. 
    Subd. 56.  Milwaukee Avenue Historic District; Hennepin 
county. 
    Subd. 57.  Minnehaha Falls; Hennepin county. 
    Subd. 58.  Minnesota Historical Society Building; Ramsey 
county. 
    Subd. 59.  Minnesota Point Lighthouse; St. Louis county. 
    Subd. 60.  Minnesota Woman Site; Otter Tail county. 
    Subd. 61.  Mountain Iron Mine; St. Louis county. 
    Subd. 62.  National Farmers' Bank of Owatonna; Steele 
county. 
    Subd. 63.  New Ulm Post Office; Brown county. 
    Subd. 64.  Nicollet Island; Hennepin county. 
    Subd. 65.  Northcote Stock and Grain Farm; Kittson county. 
    Subd. 66.  Northern Pacific Railroad Shops; Crow Wing 
county. 
    Subd. 67.  Northwest Point; Lake of the Woods county. 
    Subd. 68.  Noyes Hall and Tate Hall, State School for the 
Deaf; Rice county. 
    Subd. 69.  O. E. Rolvaag House; Rice county. 
    Subd. 70.  Old Crossing; Red Lake county. 
    Subd. 71.  Old Crow Wing; Crow Wing county. 
    Subd. 72.  Old Federal Courts Building; Ramsey county. 
    Subd. 73.  Old Fort Snelling Historic District; Hennepin 
county. 
    Subd. 74.  Old Frontenac Historic District; Goodhue county. 
    Subd. 75.  Old State Capitol Site; Ramsey county. 
    Subd. 76.  Ole and Sigrud Bakken Cabin; Polk county. 
    Subd. 77.  Orwell Site; Otter Tail county. 
    Subd. 78.  Ottawa Methodist Church; Le Sueur county. 
    Subd. 79.  Peter and Wealthy Gideon Farmhouse; Hennepin 
county. 
    Subd. 80.  Pickwick Mill; Winona county. 
    Subd. 81.  Pierre Bottineau Gravesite; Red Lake county. 
    Subd. 82.  Ramsey Mill; Dakota county. 
    Subd. 83.  Red Pipestone Quarry; Pipestone county. 
    Subd. 84.  Redwood Ferry; Renville county. 
    Subd. 85.  Rensselaer D. Hubbard House; Blue Earth county. 
    Subd. 86.  Robert F. Jones (Longfellow) House; Hennepin 
county. 
    Subd. 87.  Saint John the Divine Episcopal Church; Clay 
county. 
    Subd. 88.  Sandstone School; Pine county. 
    Subd. 89.  Saum Schools; Beltrami county. 
    Subd. 90.  Savanna Portage; Aitkin county. 
    Subd. 91.  Seppman Mill; Blue Earth county. 
    Subd. 92.  Shakopee Historical District; Scott county. 
    Subd. 93.  Sinclair Lewis Childhood Home; Stearns county. 
    Subd. 94.  Site of Hanging 38 Sioux; Blue Earth county. 
    Subd. 95.  Soudan Mine; St. Louis county. 
    Subd. 96.  Source of the Mississippi River; Clearwater 
county. 
    Subd. 97.  State Training School; Goodhue county. 
    Subd. 98.  St. Croix Boom Site; Washington county. 
    Subd. 99.  St. John's Abbey and University Historic 
District, Collegeville; Stearns county. 
    Subd. 100.  Taylors Falls Public Library; Chisago county. 
    Subd. 101.  Theodore Wegmann Cabin; Clearwater county. 
    Subd. 102.  Thoreson House; Lac Qui Parle county. 
    Subd. 103.  Washington County Courthouse; Washington county.
    Subd. 104.  Wasioja Seminary; Dodge county. 
    Subd. 105.  Wayzata Depot; Hennepin county. 
    Subd. 106.  Wendelin Grimm Farmstead; Carver county. 
    Subd. 107.  White Oak Point Site; Itasca county. 
    Subd. 108.  Winnebago Agency House; Blue Earth county. 
    Subd. 109.  Winnebago Agency Store; Blue Earth county. 
    Subd. 110.  Winona County Courthouse; Winona county. 
    Subd. 111.  Witch Tree; Cook county. 
    Subd. 112.  Wood Lake Battlefield; Yellow Medicine county. 
    Subd. 113.  Yucatan Fort Site; Houston county. 
    Subd. 114.  Zebulon Pike's 1805-1806 Wintering 
Headquarters; Morrison county. 
    Sec. 5.  [138.665] [DUTIES OF THE STATE IN REGARD TO 
HISTORIC PROPERTIES.] 
    Subdivision 1.  [NOTICE.] The state, state departments, 
agencies, and political subdivisions, including the board of 
regents of the University of Minnesota, are by sections 1 to 4 
and by this section notified of the existence of the state 
historic site network, state register of historic places, and 
the National Register of Historic Places. 
    Subd. 2.  [MEDIATION.] 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 2 and 4 or listed on the 
National Register of Historic Places created by Public Law 
Number 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 Minnesota historical society pursuant to 
the society's established 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 Minnesota historical society 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 who is not an 
employee of the Minnesota historical society appointed by the 
director of the society.  The two appointees of the governor and 
the one 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 2, subdivision 24, and section 4, subdivisions 
8 and 111. 
    Subd. 3.  [NOTICE TO MINNESOTA HISTORICAL SOCIETY OF LAND 
ACQUISITION.] If the state or a governmental subdivision 
acquires any of the property in section 4, it is the duty of the 
officer in charge of the acquisition to notify in writing, as 
promptly as possible, the Minnesota historical society of the 
acquisition. 
    Sec. 6.  [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 
in safeguarding state historic sites and in the preservation of 
historic and archaeological properties. 
    Sec. 7.  [138.667] [HISTORIC PROPERTIES; CHANGES.] 
    Properties designated as historic properties by sections 1 
to 4 may be changed from time to time, and the Minnesota 
historical society shall 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 shall be documented under the documentation 
standards established by the Minnesota historical society.  This 
documentation shall include the opinion of the Minnesota 
historical society as to whether the property meets the 
selection criteria. 
    Sec. 8.  [138.668] [ADMISSION FEES.] 
    The Minnesota historical society may establish and collect 
reasonable fees for admission to state-owned historic sites in 
the state historic site network in section 1 for deposit in an 
account in the state treasury.  These fees shall be available to 
the society. 
    Sec. 9.  [138.669] [CONTRACTS FOR HISTORIC SITE 
MANAGEMENT.] 
    The Minnesota historical society may contract with a 
county, municipality, or a county or local historical society 
for the management and operation of sites in the state historic 
site network.  Notwithstanding section 8, the contract may 
provide for the retention of admission fees received by the 
management unit and for grants-in-aid to the management unit for 
use in the site's operation and maintenance. 
    Sec. 10.  [138.6691] [CITATION.] 
    Sections 138.661 to 138.669 may be cited as the "Minnesota 
historic sites act." 
     Sec. 11.  [138.96] [RECORDED MUSIC CENTER.] 
    Subdivision 1.  [DEFINITION.] "Recorded music center" means 
an area in the state history center to collect recorded music 
produced in Minnesota which is made by Minnesota performers and 
composers. 
    Subd. 2.  [COOPERATION.] The historical society shall 
coordinate collecting activities relating to this act with other 
Minnesota archives and libraries. 
    Subd. 3.  [NOTIFICATION.] The historical society shall 
notify and encourage producers of music, including musical 
groups, to offer one copy of each recorded music item to the 
historical society for consideration as an addition to its 
collections.  Items the society accepts for deposit shall be a 
part of the recorded music center. 
    Sec. 12.  [CARVER'S CAVE STUDY.] 
    The historical society, in consultation and considering 
recommendations of the city of St. Paul, the department of 
natural resources and the Indian affairs council, must review 
the use and interpretation of Carver's Cave historic place in 
St. Paul, including the potential for a park, picnic area, 
historic site, interpretive area, or other appropriate use.  The 
society shall report its findings and recommendations to the 
economic development, infrastructure and regulation finance 
committee in the house and the state government division of the 
finance committee in the senate by February 1, 1994. 
    Sec. 13.  [REVISOR INSTRUCTION.] 
    The revisor need not include the legal description for each 
named historic site in section 2 and each named historic place 
in section 4, but must include a history of the session laws 
establishing or amending the boundaries of the historic sites or 
places under each subdivision in the same manner as provided for 
state parks under Minnesota Statutes, section 85.012. 
    The lands described in the session laws establishing or 
changing the boundaries of each historic site or place are 
included in the historic sites or places as established or 
changed. 
    Sec. 14.  [REPEALER.] 
    Minnesota Statutes 1992, sections 138.025; 138.027; 138.52; 
138.53; 138.55; 138.56; 138.58; 138.59; 138.60; 138.61; 138.62; 
138.63; 138.64; 138.65; and 138.66, are repealed. 
    Presented to the governor May 12, 1993 
    Signed by the governor May 14, 1993, 4:05 p.m.