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Minnesota Legislature

Office of the Revisor of Statutes

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 society 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 director of
the society. 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 director of the society for review prior to the time bids are advertised.
The state archaeologist and the society 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.
History: 1963 c 5 s 10; 1969 c 1129 art 3 s 1; 1971 c 48 s 4; 1976 c 166 s 7; 1985 c 248 s
70; 1986 c 323 s 2; 1994 c 632 art 4 s 51; 1Sp2003 c 19 art 2 s 5,6