Chapter 115

Subdivision 1.

Legislative intent; scope.

It is a declaration and statement of legislative intent that all human burials deleted text begin anddeleted text end new text begin ,new text end human deleted text begin skeletaldeleted text end remainsnew text begin , and human burial groundsnew text end shall be accorded equal treatment and respect for human dignity without reference to their ethnic origins, cultural backgrounds, or religious affiliations. The provisions of this section shall apply to all human burials deleted text begin ordeleted text end new text begin ,new text end human deleted text begin skeletaldeleted text end remainsnew text begin , or human burial groundsnew text end found on or in all public or private lands or waters in Minnesota.

Subd. 2.

Felony; gross misdemeanor.

new text begin (a) new text end A person who intentionally, willfully, and knowingly new text begin does any of the following is guilty of a felony:new text end

new text begin (1) new text end destroys, mutilates,new text begin ornew text end injuresnew text begin human burials or human burial grounds; ornew text end

new text begin (2) without the consent of the appropriate authoritynew text end , disturbsdeleted text begin ,deleted text end new text begin human burial groundsnew text end or removes human deleted text begin skeletaldeleted text end remains deleted text begin or human burial grounds, is guilty of a felonydeleted text end .

new text begin (b)new text end A person whonew text begin , without the consent of the appropriate authority and the landowner, new text end intentionally, willfully, deleted text begin ordeleted text end new text begin andnew text end knowinglynew text begin does any of the following is guilty of a gross misdemeanor:new text end

new text begin (1)new text end removes any tombstone, monument, or structure placed in any public or private cemetery or deleted text begin unmarkeddeleted text end new text begin authenticatednew text end human burial grounddeleted text begin ,deleted text end new text begin ;new text end or

new text begin (2) removesnew text end 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 of deleted text begin thedeleted text end new text begin a public or privatenew text end cemetery ornew text begin authenticated humannew text end burial grounddeleted text begin , and a person who, without authority from the trustees, state archaeologist, or Indian affairs council,deleted text end new text begin ; ornew text end

new text begin (3)new text end discharges any firearms upon or over the grounds of any public or private cemetery or authenticated deleted text begin and identified Indiandeleted text end burial grounddeleted text begin , is guilty of a gross misdemeanordeleted text end .

Subd. 3.

Protective posting.

deleted text begin Everydeleted text end new text begin Upon the agreement of the appropriate authority and the landowner, annew text end authenticated deleted text begin and identifieddeleted text end new text begin or recorded humannew text end burial ground may be posted for protective purposes every 75 feet around its perimeter with signs listing the activities prohibited by subdivision 2 and the penalty for violation of it. Posting is at the discretion of the Indian affairs council in the case of Indian burials or at the discretion of the state archaeologist in the case of non-Indian burials.new text begin This subdivision does not require posting of a burial ground. The size, description, location, and information on the signs used for protective posting must be approved by the appropriate authority and the landowner.new text end

Subd. 3a.

Authentication.

The state archaeologist shall authenticate all burial deleted text begin sitesdeleted text end new text begin groundsnew text end for purposes of this section deleted text begin and may enter on property for the purpose of authenticating burial sites. Only after obtaining written permission from the property owner or lessee, descendants of persons buried in burial sites covered by this section may enter the burial sites for the purpose of conducting religious ceremonies. This right of entry must not unreasonably burden property owners or unnecessarily restrict their use of the propertydeleted text end .new text begin The state archaeologist may retain the services of a qualified professional archaeologist, a qualified physical anthropologist, or other appropriate experts for the purpose of gathering information that the state archaeologist can use to authenticate or identify burial grounds. If probable Indian burial grounds are to be disturbed or probable Indian remains analyzed, the Indian Affairs Council must approve the professional archaeologist, qualified anthropologist, or other appropriate expert. Authentication is at the discretion of the state archaeologist based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority.new text end

deleted text begin Subd. 4. deleted text end

deleted text begin State archaeologist. deleted text end

deleted text begin The state shall retain the services of a qualified professional archaeologist, approved by the state archaeologist and the Indian Affairs Council, for the purpose of gathering information to authenticate or identify Indian burial grounds when requested 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. deleted text end

Subd. 5.

Cost; use of data.

The cost of authentication,new text begin recording, surveying, and marking burial grounds and the cost ofnew text end identification, deleted text begin marking, anddeleted text end new text begin analysis,new text end rescue deleted text begin of unmarked or unidentified burial grounds or burialsdeleted text end new text begin , and reburial of human remains on public lands or watersnew text end shall be the responsibility of the statenew text begin or political subdivision controlling the lands or watersnew text end . new text begin On private lands or waters these costs shall be borne by the state, but may be borne by the landowner upon mutual agreement with the state.new text end The data collected by this activity that has common value for deleted text begin naturaldeleted text end resource planning must be provided and integrated into the Minnesota land management information system's geographic and summary databases according to published data compatibility guidelines. Costs associated with this data delivery must be borne by the state.

deleted text begin Subd. 6. deleted text end

deleted text begin Approval of signs. deleted text end

deleted text begin The size, description and information on the signs must be approved by the Minnesota State Historical Society. deleted text end

Subd. 7.

Remains found outside ofnew text begin recordednew text end cemeteries.

All unidentified human remains or burials found outside of deleted text begin platted,deleted text end recordeddeleted text begin , or identifieddeleted text end cemeteriesnew text begin or unplatted graves or burials found within recorded cemeteriesnew text end and in contexts which indicate antiquity greater than 50 years shall be dealt with according to the provisions of this section. If such burials are not Indian or their ethnic identity cannot be ascertained, as determined by the state archaeologist, they shall be dealt with in accordance with provisions established by the state archaeologistnew text begin and other appropriate authoritynew text end . If such burials are Indian, as determined by the state archaeologist, efforts shall be made by the state archaeologist and the Indian Affairs Council to ascertain their tribal identity. If their probable tribal identity can be determinednew text begin and the remains have been removed from their original contextnew text end , such remains shall deleted text begin at the discretion of the state archaeologist and Indian Affairs Council,deleted text end be turned over to contemporary tribal leaders for disposition. deleted text begin If it is deemed desirable by the state archaeologist or the Indian Affairs Council, such remains shall be studied by a qualified professional archaeologist before being delivered to the tribal leaders.deleted text end If tribal identity cannot be determined, the Indian remains must be dealt with in accordance with provisions established by the state archaeologist and the Indian Affairs Councilnew text begin if they are from public land. If removed Indian remains are from private land they shall be dealt with in accordance with provisions established by the Indian Affairs Council. If it is deemed desirable by the state archaeologist or the Indian Affairs Council, removed remains shall be studied in a timely and respectful manner by a qualified professional archaeologist or a qualified physical anthropologist before being delivered to tribal leaders or before being reburied. Application by a landowner for permission to develop or disturb nonburial areas within authenticated or recorded burial grounds shall be made to the state archaeologist and other appropriate authority in the case of non-Indian burials and to the Indian Affairs Council and other appropriate authority in the case of Indian burials. Landowners with authenticated or suspected human burial grounds on their property are obligated to inform prospective buyers of the burial groundnew text end .

Subd. 8.

Burial ground relocation.

new text begin No non-Indian burial ground may be relocated without the consent of the appropriate authority. new text end No deleted text begin authenticated and identifieddeleted text end Indian burial ground may be relocated unless the request to relocate is approved by the Indian Affairs Council. When deleted text begin the Indiandeleted text end new text begin anew text end burial ground is located on public lands or waters,new text begin any burial relocations must be duly licensed under section 138.36 andnew text end the cost of removal is the responsibility of and shall be paid by the state or political subdivision controlling the lands or waters. If deleted text begin large Indiandeleted text end burial grounds are deleted text begin involveddeleted text end new text begin authenticated on private landsnew text end , efforts deleted text begin shalldeleted text end new text begin maynew text end be made by the state to purchase and protect them instead of removing them to another location.

Subd. 9.

Interagency cooperation.

The Department of Natural Resources, the Department of Transportation, and all other state agencies and local governmental units whose activities may be affected, shall cooperate with the state archaeologist and the Indian Affairs Council to carry out the provisions of this section.

Subd. 10.

Construction and development plan review.

When deleted text begin Indiandeleted text end new text begin humannew text end burials are known or suspected to exist, on public lands or waters, the state or political subdivision controlling the lands or watersnew text begin or, in the case of private lands, the landowner or developer,new text end shall submit construction and development plans to the state archaeologist deleted text begin and the Indian Affairs Councildeleted text end for review prior to the time bids are advertisednew text begin and prior to any disturbance within the burial area. If the known or suspected burials are thought to be Indian, plans shall also be submitted to the Indian Affairs Councilnew text end . The state archaeologist and the Indian Affairs Council shall deleted text begin promptlydeleted text end review the plansnew text begin within 30 days of receiptnew text end and make recommendations for the preservationnew text begin in placenew text end or removal of the human burials or remains, which may be endangered by construction or development activities.

Subd. 11.

Burial sites data.

Burial sites locational and related data maintained by the Office of the State Archaeologist and accessible through the office's "Unplatted Burial Sites and Earthworks in Minnesota" Web site are security information for purposes of section 13.37. Persons who gain access to the data maintained on the site are subject to liability under section 13.08 and the penalty established by section 13.09 if they improperly use or further disseminate the data.

new text begin Subd. 12. new text end

new text begin Right of entry. new text end

new text begin The state archaeologist may enter on property for the purpose of authenticating burial sites. Only after obtaining permission from the property owner or lessee, descendants of persons buried in burial grounds covered by this section may enter the burial grounds for the purpose of conducting religious or commemorative ceremonies. This right of entry must not unreasonably burden property owners or unnecessarily restrict their use of the property. new text end

new text begin Subd. 13. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings given. new text end

new text begin (a) "Abandoned cemetery" means a cemetery where the cemetery association has disbanded or the cemetery is neglected and contains marked graves older than 50 years. new text end

new text begin (b) "Appropriate authority" means: new text end

new text begin (1) the trustees when the trustees have been legally defined to administer burial grounds; new text end

new text begin (2) the Indian Affairs Council in the case of Indian burial grounds lacking trustees; new text end

new text begin (3) the county board in the case of abandoned cemeteries under section 306.243; and new text end

new text begin (4) the state archaeologist in the case of non-Indian burial grounds lacking trustees or not officially defined as abandoned. new text end

new text begin (c) "Artifacts" means natural or artificial articles, objects, implements, or other items of archaeological interest. new text end

new text begin (d) "Authenticate" means to establish the presence of or high potential of human burials or human skeletal remains being located in a discrete area, delimit the boundaries of human burial grounds or graves, and attempt to determine the ethnic, cultural, or religious affiliation of individuals interred. new text end

new text begin (e) "Burial" means the organic remnants of the human body that were intentionally interred as part of a mortuary process. new text end

new text begin (f) "Burial ground" means a discrete location that is known to contain or has high potential to contain human remains based on physical evidence, historical records, or reliable informant accounts. new text end

new text begin (g) "Cemetery" means a discrete location that is known to contain or intended to be used for the internment of human remains. new text end

new text begin (h) "Disturb" means any activity that significantly harms the physical integrity or setting of a human burial or human burial ground. new text end

new text begin (i) "Grave goods" means objects or artifacts directly associated with human burials or human burial grounds that were placed as part of a mortuary ritual at the time of internment. new text end

new text begin (j) "Human remains" means the calcified portion of the human body, not including isolated teeth, or cremated remains deposited in a container or discrete feature. new text end

new text begin (k) "Identification" means to analyze organic materials to attempt to determine if they represent human remains and to attempt to establish the ethnic, cultural, or religious affiliations of such remains. new text end

new text begin (l) "Marked" means a burial that has a recognizable tombstone or obvious grave marker in place or a legible sign identifying an area as a burial ground or cemetery. new text end

new text begin (m) "Qualified physical anthropologist" means a specialist in identifying human remains who holds an advanced degree in anthropology or a closely related field. new text end

new text begin (n) "Qualified professional archaeologist" means an archaeologist who meets the United States Secretary of the Interior's professional qualification standards in Code of Federal Regulations, title 36, part 61, appendix A, or subsequent revisions. new text end

new text begin (o) "Recorded cemetery" means a cemetery that has a surveyed plat filed in a county recorder's office. new text end

new text begin (p) "State" or "the state" means the state of Minnesota or an agency or official of the state acting in an official capacity. new text end

new text begin (q) "Trustees" means the recognized representatives of the original incorporators, board of directors, or cemetery association. new text end

Office of the Revisor of Statutes

Minnesota Session Laws - 2007, Regular Session

Resources

CHAPTER 115--S.F.No. 2226

Section 1.

Minnesota Statutes 2006, section 307.08, is amended to read:

307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS; BURIALS; CEMETERIES; PENALTYnew text begin ; AUTHENTICATIONnew text end .