2007 Minnesota Statutes

CHAPTER 138. HISTORICAL SOCIETIES; SITES; ARCHIVES; ARCHAEOLOGY; FOLKLIFE

HISTORICAL SOCIETIES

138.01 MINNESOTA HISTORICAL SOCIETY; FINANCES.
    Subdivision 1. Appropriations subject to charter. All appropriations made to the
Minnesota Historical Society shall be subject to the charter of the Minnesota Historical Society
of 1849 and as amended in 1856.
    Subd. 2. Salary, expenses. From appropriations made to the Minnesota Historical Society,
employees, with the exception of the director, shall be paid a salary comparable to the salaries
paid to state employees in the classified state civil service. Money necessary to meet expenses
shall be paid to the society upon certification by the director of the Minnesota Historical Society
of the amount to the commissioner of finance.
    Subd. 3. Expenditures. Money appropriated to the Minnesota Historical Society shall be
expended in the manner and under the terms and conditions described by the governing body of
the Minnesota Historical Society.
    Subd. 4. Insurance. The Minnesota Historical Society may use state money to buy fire,
wind, hail, and vandalism insurance.
    Subd. 5. Biennial appropriations. The Minnesota Historical Society shall receive specific
appropriations each biennium to carry out the purposes of subdivision 2. The appropriation must
be sufficient to pay for salary and benefit-related increases as determined by the commissioner of
employee relations in the commissioner's plan in accordance with section 43A.18, subdivision
2 , and the legislature.
History: (53-47) 1925 c 426 art 19 s 1; 1976 c 163 s 27; 1979 c 337 s 14; 1994 c 632
art 4 s 47; 1996 c 452 s 30

138.02 [Repealed, 1979 c 32 s 1]

138.025 [Repealed, 1993 c 181 s 14]

138.027 [Repealed, 1993 c 181 s 14]

138.03 CUSTODIAN OF RECORDS.
    Subdivision 1. Generally. Five copies of each book, document, journal, map, pamphlet, or
report, including five copies of Minnesota Statutes and Minnesota Session Laws delivered to the
Minnesota Historical Society in accordance with the provisions of section 15.18 shall be preserved
by the society and two copies of each thereof shall be sent immediately to the Library of Congress.
    Subd. 2.[Repealed, 1961 c 175 s 14]
    Subd. 3.[Repealed, 1961 c 175 s 14]
    Subd. 4.[Repealed, 1961 c 175 s 14]
    Subd. 5.[Repealed, 1961 c 175 s 14]
History: (8008-1) 1919 c 170 s 1; 1941 c 553 s 5; 1947 c 365 s 2; 1973 c 32 s 1

138.035 STATE HISTORICAL SOCIETY AUTHORIZED TO SUPPORT THE SCIENCE
MUSEUM OF MINNESOTA.
The State Historical Society is authorized to enter into an agreement or agreements with the
Science Museum of Minnesota whereby the State Historical Society shall make payments to such
museum to support and expand its programs and to develop an extension program to bring the
facilities of such museum to schools throughout the state. Such agreement or agreements shall
provide for the time, amount and method of such payments.
History: 1971 c 910 s 1

138.04 [Repealed, 1961 c 175 s 14]

138.043 [Repealed, 1961 c 175 s 14]

138.05 [Repealed, 1957 c 394 s 3]

138.051 COUNTY HISTORICAL SOCIETIES.
The county board of any county, or the governing body of any municipal corporation, school
district or public library therein, is hereby authorized and empowered to set apart and furnish
a suitable room or space in the courthouse of the county, or in any of its municipal, school or
library buildings, as the case may be, for the purposes and use of the historical society of such
county, and to furnish light and heat therefor, or the county board may in its discretion construct
or otherwise provide and furnish other suitable housing in the county for such purposes and use.
History: (5670-11) 1929 c 324 s 1; 1957 c 394 s 1

138.052 TAX LEVY.
The county board of any county is authorized and empowered to appropriate, out of the
revenue fund of such county or out of the proceeds from a special tax levy upon all the taxable
property in the county, such sum as it may deem advisable, to be paid to the historical society of
such county, to be used for the promotion of historical work within the borders thereof, and for
the collection, preservation and publication of historical material, and to disseminate historical
information of the county, and in general to defray the expense of carrying on the historical work
in such county; provided that no county board is authorized to appropriate any funds for the
benefit of any county historical society unless such society shall be affiliated with and approved
by the Minnesota Historical Society.
History: 1957 c 394 s 2

138.053 COUNTY HISTORICAL SOCIETY; TAX LEVY; CITIES OR TOWNS.
The governing body of any home rule charter or statutory city or town excepting cities of
the first class may annually appropriate from its general fund an amount not to exceed 0.02418
percent of taxable market value, derived from ad valorem taxes on property or other revenues, to
be paid to the historical society of its respective county to be used for the promotion of historical
work and to aid in defraying the expenses of carrying on the historical work in the county. No city
or town may appropriate any funds for the benefit of any historical society unless the society is
affiliated with and approved by the Minnesota Historical Society.
History: 1963 c 129 s 1; 1973 c 123 art 5 s 7; 1973 c 773 s 1; 1983 c 315 s 1; 1988 c 719 art
5 s 84; 1989 c 277 art 4 s 11; 1994 c 505 art 3 s 4

138.054 MINNESOTA HISTORY AND GOVERNMENT LEARNING CENTER.
    Subdivision 1. Public policy. The legislature of the state of Minnesota hereby declares that it
is an important purpose and function of state government to preserve the people's appreciation
of the heritage of the state and to promote and enrich their knowledge and understanding of the
government and political tradition of the state; and that there is an urgent need to further these
goals by: supporting research; developing resource materials and workshops for public and
nonpublic high school students, university interns, and teachers; and utilizing the unique talents
and experience of the members of the legislative, executive and judicial branches of the state
government.
    Subd. 2. Establishment. (a) There is hereby established a Minnesota History and
Government Learning Center.
(b) The center shall be cosponsored by the Minnesota Historical Society, the Board of
Trustees of the Minnesota State Colleges and Universities, and the Department of Education.
(c) The headquarters of the center shall be the Minnesota Historical Society.
(d) The director of the Minnesota Historical Society shall appoint the administrator of the
center after consultation with the Executive Council of the Minnesota Historical Society, the
chancellor of the Board of Trustees of the Minnesota State Colleges and Universities and the
commissioner of education.
(e) High school and university students selected for workshops sponsored by the center shall
be apportioned evenly among the legislative districts of the state.
History: 1974 c 355 s 45 subds 1,2; 1975 c 321 s 2; 1Sp1995 c 3 art 16 s 13; 1996 c 395 s
18; 1998 c 398 art 5 s 55; 2003 c 130 s 12

138.06 [Repealed, 1957 c 394 s 3]

138.07 [Repealed, 1957 c 394 s 3]

138.071 [Repealed, 1957 c 394 s 3]

138.08 [Repealed, 1975 c 353 s 41]

138.081 FEDERAL FUNDS, ACTS.
    Subdivision 1. Executive Council as agency to accept federal funds. The Executive
Council of the Minnesota Historical Society 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 sites 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. Director's responsibilities. The director of the Minnesota Historical Society, as
state historic preservation officer, shall be responsible for the preparation, implementation and
administration of the State Historic Preservation Plan and the Federal Historic Preservation Act
(Public Law 89-665) and shall be the state liaison with the National Heritage Program. The
director of the Minnesota Historical Society 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 Plan.
    Subd. 3. Administration of federal act. The Minnesota Historical Society 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 16, sections 469 to 469C, insofar as
the provisions of the act provide for implementation by the state.
History: 1969 c 894 s 8; 1974 c 249 s 1; 1976 c 316 s 1; 1978 c 717 s 1

138.09 [Renumbered 138.586]

ARCHIVES

138.13 [Repealed, 1971 c 529 s 15]

138.14 [Repealed, 1971 c 529 s 15]

138.15 [Repealed, 1961 c 175 s 14]

138.16 [Repealed, 1971 c 529 s 15]

138.161 STATE ARCHIVES; ESTABLISHMENT.
State archives are hereby established and shall be administered by the Minnesota Historical
Society.
History: 1971 c 529 s 1; 1982 c 573 s 2

138.162 [Repealed, 1978 c 717 s 4]

138.163 PRESERVATION AND DISPOSAL OF PUBLIC RECORDS.
It is the policy of the legislature that the disposal and preservation of public records be
controlled exclusively by this chapter and by Laws 1971, chapter 529, thus, no prior, special or
general statute shall be construed to authorize or prevent the disposal of public records at a time or
in a manner different than prescribed by such chapter or by Laws 1971, chapter 529 and no general
or special statute enacted subsequent to Laws 1971, chapter 529 shall be construed to authorize or
prevent the disposal of public records at a time or in a manner different than prescribed in this
chapter or in Laws 1971, chapter 529 unless it expressly exempts such records from the provisions
of such chapter and Laws 1971, chapter 529 by specific reference to this section.
History: 1971 c 529 s 3

138.17 GOVERNMENT RECORDS; ADMINISTRATION.
    Subdivision 1. Destruction, preservation, reproduction of records; prima facie evidence.
(a) The attorney general, legislative auditor in the case of state records, state auditor in the case
of local records, and director of the Minnesota Historical Society, hereinafter director, shall
constitute the Records Disposition Panel. The members of the panel shall have power by majority
vote to direct the destruction or sale for salvage of government records determined to be no longer
of any value, or to direct the disposition by gift to the Minnesota Historical Society or otherwise
of government records determined to be valuable for preservation. The Records Disposition Panel
may by majority vote order any of those records to be reproduced by photographic or other
means, and order that photographic or other reproductions be substituted for the originals of
them. It may direct the destruction or sale for salvage or other disposition of the originals from
which they were made. Photographic or other reproductions shall for all purposes be deemed the
originals of the records reproduced when so ordered by the records disposition panel, and shall be
admissible as evidence in all courts and in proceedings of every kind. A facsimile, exemplified or
certified copy of a photographic, optical disk imaging, or other reproduction, or an enlargement
or reduction of it, shall have the same effect and weight as evidence as would a certified or
exemplified copy of the original. The Records Disposition Panel, by majority vote, may direct the
storage of government records, except as herein provided, and direct the storage of photographic
or other reproductions. Photographic or other reproductions substituted for original records shall
be disposed of in accordance with the procedures provided for the original records.
(b) For the purposes of this chapter:
(1) the term "government records" means state and local records, including all cards,
correspondence, discs, maps, memoranda, microfilms, papers, photographs, recordings, reports,
tapes, writings, optical disks, and other data, information, or documentary material, regardless of
physical form or characteristics, storage media or conditions of use, made or received by an officer
or agency of the state and an officer or agency of a county, city, town, school district, municipal
subdivision or corporation or other public authority or political entity within the state pursuant to
state law or in connection with the transaction of public business by an officer or agency;
(2) the term "state record" means a record of a department, office, officer, commission,
commissioner, board or any other agency, however styled or designated, of the executive branch
of state government; a record of the state legislature; a record of any court, whether of statewide
or local jurisdiction; and any other record designated or treated as a state record under state law;
(3) the term "local record" means a record of an agency of a county, city, town, school
district, municipal subdivision or corporation or other public authority or political entity;
(4) the term "records" excludes data and information that does not become part of an official
transaction, library and museum material made or acquired and kept solely for reference or
exhibit purposes, extra copies of documents kept only for convenience of reference and stock of
publications and processed documents, and bonds, coupons, or other obligations or evidences of
indebtedness, the destruction or other disposition of which is governed by other laws;
(5) the term "state archives" means those records preserved or appropriate for preservation
as evidence of the organization, functions, policies, decisions, procedures, operations or other
activities of government or because of the value of the information contained in them, when
determined to have sufficient historical or other value to warrant continued preservation by the
state of Minnesota and accepted for inclusion in the collections of the Minnesota Historical
Society.
(c) If the decision is made to dispose of records by majority vote, the Minnesota Historical
Society may acquire and retain whatever they determine to be of potential historical value.
    Subd. 1a. Records inspection. Government records which a state agency, political
subdivision, or statewide system lists on a records disposition application or records schedule, or
on which archival assistance or advice is requested, may be inspected by state archives' employees
if state archives gives prior notice. Employees of the archives shall have access to the records
for the purpose of determining the historical or other continuing value of the records, regardless
of the records' classification pursuant to chapter 13 or 270B. Employees of the archives shall be
liable to the penalties set forth for improper disclosure by them of private, confidential, nonpublic,
or protected nonpublic data inspected for this purpose.
    Subd. 1b. Transfer process. After July 1, 1982, all records deemed to be of continuing value
and authorized for transfer to the archives by the Records Disposition Panel shall be retained by
the requesting agency or may be transferred to the archives in accordance with subdivision 1,
notwithstanding the provisions of chapter 13. The responsible authority of the state agency,
political subdivision, or statewide system transferring records to the archives shall notify the
archivist or a designee with regard to the records transferred of the classification of the records
pursuant to chapter 13.
    Subd. 1c. Access to archives records. (a) All records transferred to the archives shall be
accessible to the public unless the archives determines that the information:
(1) was compiled for law enforcement purposes and disclosure would (i) materially impair
the effectiveness of an ongoing investigation, criminal intelligence operation, or law enforcement
proceeding; (ii) identify a confidential informant; (iii) reveal confidential investigative techniques
or procedures, including criminal intelligence activity; or (iv) endanger the life of an individual;
(2) is administrative or technical information, including software, operating protocols,
employee manuals, or other information, the disclosure of which would jeopardize the security of
a record-keeping system;
(3) is proprietary information, including computer programs and software and other types
of information manufactured or marketed by persons under exclusive legal right, owned by the
agency or entrusted to it;
(4) contains trade secrets or confidential commercial and financial information obtained,
upon request, from a person;
(5) is library, archival, or museum material contributed by private persons to the extent of
any lawful limitation imposed upon the material; or
(6) if disclosed, would constitute a clearly unwarranted invasion of personal privacy.
Disclosure of an individually identifiable record does not constitute a clearly unwarranted
invasion of personal privacy if the public interest in disclosure outweighs the privacy interest of
the individual.
(b) The society may withhold access to state archives from any person who willfully
mutilates, damages, or defaces archival records, or wrongfully removes them from state archives;
provided that the society shall notify the person of the decision to withhold access, and the person
may, within 30 days, appeal the decision to the Executive Council of the society.
(c) The state archivist shall notify any person from whom access is withheld pursuant to
paragraph (a). The person may, within 30 days of the day the notice is sent, appeal the archivist's
determination to the Executive Council of the society. The Executive Council shall, within 30
days of the filing of an appeal, issue a decision determining if the archivist has correctly applied
the standards of paragraph (a). The decision of the Executive Council may be appealed to the
District Court of Ramsey County.
    Subd. 2.[Repealed, 1971 c 529 s 15]
    Subd. 3. University; State Agricultural Society; Minnesota Historical Society. Laws
1971, chapter 529, sections 1 to 14 shall not apply to the public records of the University of
Minnesota, the Minnesota State Agriculture Society, or the Minnesota Historical Society.
    Subd. 4. State library. No public records of the Minnesota State Library shall be subject
to the disposition or orders provided by Laws 1971, chapter 529, except with the consent of the
state librarian.
    Subd. 5. Supreme Court. No public records of the Supreme Court shall be subject to the
disposition or orders provided by Laws 1971, chapter 529, except with the consent of the court.
    Subd. 6. Archivist; equipment; supplies. The Minnesota Historical Society shall employ a
professional archivist, who shall be known as the state archivist, and other agents and personnel
as are necessary to enable it to carry out its duties and powers. The archivist shall be appointed by
the director of the society.
    Subd. 7. Records management. It shall be the duty of the head of each state agency and the
governing body of each county, municipality, and other subdivision of government to establish
and maintain an active, continuing program for the economical and efficient management of the
records of each agency, county, municipality, or other subdivision of government. Public officials
shall prepare an inclusive inventory of records in their custody, to which shall be attached a
schedule, approved by the head of the governmental unit or agency having custody of the records,
establishing a time period for the retention or disposal of each series of records. When the
schedule is unanimously approved by the records disposition panel, the head of the governmental
unit or agency having custody of the records may dispose of the type of records listed in the
schedule at a time and in a manner prescribed in the schedule for particular records which were
created after the approval. A list of records disposed of pursuant to this subdivision shall be
maintained by the governmental unit or agency. When records containing not public data as
defined in section 13.02, subdivision 8a, are being disposed of under this subdivision, the records
must be destroyed in a way that prevents their contents from being determined.
    Subd. 8. Emergency records preservation. Every county, municipality, or other subdivision
of government may institute a program for the preservation of necessary documents essential to
the continuity of government in the event of a disaster or emergency.
    Subd. 9.[Repealed, 2007 c 76 s 2]
    Subd. 10.[Repealed, 2007 c 76 s 2]
History: 1947 c 547 s 5; 1961 c 175 s 3-8; 1963 c 695 s 2,3; 1971 c 529 s 4-10; 1973 c 32 s
2,3; 1973 c 123 art 5 s 7; 1974 c 184 s 8,9; 1976 c 324 s 22; 1978 c 717 s 2; 1981 c 311 s 39; 1982
c 545 s 24; 1982 c 573 s 3-8; 1986 c 444; 1987 c 365 s 18; 1990 c 506 art 2 s 17,18; 1991 c 291
art 21 s 4; 1991 c 345 art 1 s 77; 1993 c 71 s 2; 1997 c 202 art 3 s 35; 1999 c 250 art 1 s 80,81;
2001 c 202 s 10; 2005 c 156 art 5 s 23; 2006 c 212 art 1 s 5; 2006 c 233 s 6; 2006 c 253 s 7,8

138.18 [Repealed, 1982 c 573 s 14]

138.19 APPLICATIONS FOR ORDERS OF THE PANEL.
An officer, department, or agency of the state or an officer or agency of a county, city, town,
school district, municipal subdivision or corporation, or other public authority or political entity
shall apply in writing to the archivist for an order relating to the disposition of any government
record. The records disposition panel shall consider and act upon applications and by unanimous
consent make orders with respect to them.
History: 1947 c 547 s 7; 1961 c 175 s 10; 1971 c 529 s 12; 1973 c 123 art 5 s 7; 1974 c
184 s 10; 1982 c 573 s 9

138.20 RECORD OF PROCEEDINGS.
The archivist shall keep a record of all orders authorizing the disposition of records.
Orders shall be in writing and signed by the Records Disposition Panel, and shall identify the
records referred to in them. A certified copy of an order shall be admissible in evidence in any
court or proceeding. The records shall be preserved in the Office of the Archivist and shall be
open to public inspection. Proper records shall be kept by the archivist showing where records
or reproductions of them have been stored, and also identifying any that have been ordered
destroyed, sold for salvage or disposed of by gift or otherwise.
History: 1947 c 547 s 8; 1961 c 175 s 11; 1971 c 529 s 13; 1974 c 184 s 11; 1982 c 573 s 10

138.21 STORAGE SPACE DESIGNATED BY PANEL.
The Minnesota Historical Society may direct the storage of government records, including
photographic or other reproductions which are state archives.
History: 1947 c 547 s 9; 1961 c 175 s 12; 1971 c 529 s 14; 1974 c 184 s 12; 1982 c 573 s 11

138.22 [Repealed, 1987 c 365 s 25]

138.225 PROHIBITION AGAINST UNAUTHORIZED DISPOSAL OF RECORDS;
PENALTY.
Government records shall not be destroyed except by the authority of the records disposition
panel. A person who intentionally and unlawfully removes, mutilates, destroys, conceals, alters,
defaces or obliterates a record filed or deposited in a public office or with a public officer by
authority of law or in state archives, or a public officer or employee who knowingly permits any
other person to do any of the foregoing acts, is guilty of a misdemeanor.
History: 1982 c 573 s 12

138.226 REPLEVIN AUTHORITY.
The attorney general may replevin public records which have been unlawfully transferred or
removed in violation of sections 15.17, subdivisions 2 and 3; 138.163; 138.17; and 138.21. The
records shall be returned to the office of origin, or, in the case of state archives, to the society.
History: 1982 c 573 s 13

138.23 [Repealed, 1971 c 529 s 15]

138.24 [Repealed, 1971 c 529 s 15]

138.25 EXECUTIVE COUNCIL; ADMINISTRATION OF FEDERAL RECORDS
LEGISLATION.
The Executive Council of the Minnesota Historical Society is hereby designated the state
agency to administer the National Historic Records Act in accordance with the provisions of
federal law and any rules or regulations promulgated thereunder and is 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 moneys.
History: 1973 c 32 s 4

FIELD ARCHAEOLOGY

138.31 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 138.31 to 138.42, the terms defined in this section
have the meanings given them.
    Subd. 2.MS 2000 [Renumbered subd 14]
    Subd. 2. Archaeological methods. "Archaeological methods" means scientific procedures
used in field archaeology by recognized professional authorities on archaeology.
    Subd. 3.MS 2000 [Renumbered subd 13]
    Subd. 3. Commissioner. "Commissioner" means the commissioner of administration.
    Subd. 4.MS 2000 [Renumbered subd 9]
    Subd. 4. Custodian. "Custodian" means any school or scientific institution which has the
physical possession of objects of archaeological significance or data belonging to the state.
    Subd. 5.MS 2000 [Renumbered subd 7]
    Subd. 5. Data. "Data" means field notes, photographs, maps, and other records relating
to field archaeology.
    Subd. 6. Director of the historical society. "Director of the historical society" means the
director of the Minnesota Historical Society.
    Subd. 7.MS 2000 [Renumbered subd 8]
    Subd. 7. Field archaeology. "Field archaeology" means the study of the traces of human
culture at any land or water site by means of surveying, digging, sampling, excavating, or
removing objects, or going on a site with that intent.
    Subd. 8.MS 2000 [Renumbered subd 15]
    Subd. 8. Historical society. "Historical society" means the Minnesota Historical Society.
    Subd. 9.MS 2000 [Renumbered subd 11]
    Subd. 9. Object. "Object" means a natural or artificial article, implement, skeleton, bone, or
other item of archaeological interest.
    Subd. 10.MS 2000 [Renumbered subd 12]
    Subd. 10. Qualified professional archaeologist. "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.
    Subd. 11.MS 2000 [Renumbered subd 2]
    Subd. 11. Schools. "Schools" means universities, colleges, and community colleges, whether
publicly or privately owned.
    Subd. 12.MS 2000 [Renumbered subd 5]
    Subd. 12. Scientific institutions. "Scientific institutions" means museums, historical
societies, foundations for archaeological study, state agencies, and scholarly groups with
professional standing and physical facilities for the display, study, and preservation of objects
of archaeological interest.
    Subd. 13.MS 2000 [Renumbered subd 4]
    Subd. 13. Site or archaeological site. "Site" or "archaeological site" has the same meaning
as "state site" or "state archaeological site."
    Subd. 14.MS 2000 [Renumbered subd 10]
    Subd. 14. State site or state archaeological site. "State site" or "state archaeological site"
means a land or water area, owned or leased by or subject to the paramount right of the state,
county, township, or municipality where there are objects or other evidence of archaeological
interest. This term includes all aboriginal mounds and earthworks, ancient burial grounds,
prehistoric ruins, historical remains, and other archaeological features on state land or on land
subject to the paramount rights of the state. Historical remains do not include bottles or ceramics
manufactured after 1875.
    Subd. 15. The university. "The university" means the University of Minnesota.
History: 1963 c 5 s 1; 1971 c 48 s 1; 1973 c 349 s 2; 1986 c 444; 1997 c 202 art 2 s 37;
2002 c 298 s 3

138.32 LEGISLATIVE INTENT.
The state of Minnesota reserves to itself the exclusive right and privilege of field archaeology
on state sites, in order to protect and preserve archaeological and scientific information, matter,
and objects.
It is a declaration and statement of legislative intent that field archaeology on privately
owned lands should be discouraged except in accordance with both the provisions and spirit of
sections 138.31 to 138.42; and persons having knowledge of the location of archaeological sites
are encouraged to communicate such information to the state archaeologist.
History: 1963 c 5 s 2

138.33 UNLICENSED FIELD ARCHAEOLOGY PROHIBITED.
No person, including state or other public employees other than the state archaeologist and
individuals duly licensed by the director of the Minnesota Historical Society shall engage in any
field archaeology on any state site.
History: 1963 c 5 s 3; 1971 c 48 s 2

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 society.
History: 1963 c 5 s 4; 1994 c 632 art 4 s 48

138.35 STATE ARCHAEOLOGIST.
    Subdivision 1. Appointment. The state archaeologist shall be a qualified professional
archaeologist appointed by the commissioner of administration in consultation with the Executive
Council of the Minnesota Historical Society, the Indian Affairs Council, and other interested
parties to perform the duties in sections 138.31 to 138.42.
    Subd. 1a. Administrative support; staff. The commissioner of administration shall provide
the state archaeologist with necessary administrative services. State agencies shall provide the
state archaeologist upon request with advisory staff services on matters relating to the duties and
jurisdiction of the state archaeologist. The state archaeologist shall hire staff and maintain offices
as necessary to perform the duties in sections 138.31 to 138.42.
    Subd. 1b. Contracts; volunteers; grants and gifts. The state archaeologist may contract
with the federal government, local governmental units, other states, the university and other
educational institutions, and private persons or organizations as necessary in the performance
of the duties in sections 138.31 to 138.42. Contracts made under this section for professional
services shall not be subject to chapter 16C, as it relates to competitive bidding. The state
archaeologist may recruit, train, and accept, without regard to personnel laws or rules, the services
of individuals as volunteers for or in aid of performance of the state archaeologist's duties, and
may provide for the incidental expenses of volunteers, such as transportation, lodging, and
subsistence. The state archaeologist may apply for, receive, and expend grants and gifts of money
consistent with the powers and duties in sections 138.31 to 138.42. Any money so received is
appropriated for the purpose for which it was granted.
    Subd. 2. Duties of state archaeologist. The duties of the state archaeologist shall include
the following:
(a) to sponsor, engage in, and direct fundamental research into the archaeology of this state
and to encourage and coordinate archaeological research and investigation undertaken within
the state;
(b) to cooperate with other agencies of the state which may have authority in areas where
state sites are located, or which may have the responsibility for marking state sites, or arranging
for their being viewed by the public;
(c) to protect to the extent possible and to encourage the preservation of archaeological sites
located on privately owned property;
(d) to retrieve and protect objects of archaeological significance discovered by field
archaeology on state sites or discovered during the course of any public construction or demolition
work and, to the extent possible, those discovered during the course of any other construction
or demolition work;
(e) to obtain for the state other objects of archaeological significance, and data relating
thereto;
(f) to cooperate with the historical society, the university, and other custodians to preserve
objects of archaeological significance, together with the data relating thereto;
(g) to disseminate archaeological facts through the publication of reports of archaeological
research conducted within the state;
(h) to approve licensing of qualified professional archaeologists to engage in field
archaeology on state sites, as provided in section 138.36; and
(i) to otherwise carry out and enforce sections 138.31 to 138.42.
    Subd. 3.[Repealed, 1997 c 202 art 2 s 38,64]
History: 1963 c 5 s 5; 1978 c 717 s 3; 1986 c 323 s 1; 1994 c 632 art 4 s 49; 1996 c 452 s
31; 1997 c 202 art 2 s 38; 1998 c 386 art 2 s 55; 1999 c 91 s 1,2

138.36 LICENSES.
    Subdivision 1. Content; issuance. The director of the historical society and the state
archaeologist shall formulate and issue such provisions for licenses as are required to carry out
and enforce sections 138.31 to 138.42.
    Subd. 2. Power to issue. The director of the Minnesota Historical Society, acting as an agent
of the state, may issue a license to a qualified person approved by the state archaeologist to engage
in field archaeology on a specified state site. The director of the Minnesota Historical Society may
also issue a license to a qualified person, either in connection with the right to engage in field
archaeology on a specified site, or alone, to engage in purely preliminary or exploratory activities
in a specified area where a site is thought to exist. If a state site or an area to be described in a
license is under the jurisdiction of any other agency of the state, or, if the field archaeology to be
licensed may interfere with a project of any other agency, the applicant for a permit shall obtain
the approval of that agency. The attorney general upon recommendation of the director of the
historical society may apply to the district court for injunctive relief to restrain activities which in
the director's opinion may damage historical or archaeological sites on public lands or waters.
    Subd. 3. Emergency licenses. The director of the historical society or the state archaeologist
may waive or abridge provisions of sections 138.31 to 138.42 in an emergency in which objects
of interest to the state are found in the course of construction or demolition work, or in other
situations in which time is of the essence to save objects or gather data. The director of the
historical society or the state archaeologist may issue short form emergency licenses to persons
not otherwise qualified to enable them to salvage objects or gather data in the time available.
    Subd. 4. Renewal of licenses. The director of the Minnesota Historical Society may renew
any license for another calendar year. The application for renewal shall be made in the form and
contain the information required by the state archaeologist.
    Subd. 5. Revocation and suspension. The director of the historical society or the state
archaeologist may revoke or suspend a license because of the improper conduct of the licensee,
the use of improper or substandard methods, or other good cause.
    Subd. 6. Review of license decisions. Any person whose application for a license under this
section has been denied or whose license has been modified, suspended, or revoked, may appeal
the decision within 30 days of receiving written notice of the decision by filing a written request
with the commissioner for a contested case hearing under chapter 14. If the applicant does not
request a contested case hearing within 30 days after receiving written notice of the decision, the
decision becomes final and the applicant may not appeal the decision.
History: 1963 c 5 s 6; 1971 c 48 s 3; 1986 c 444; 2002 c 298 s 4

138.37 OWNERSHIP, CUSTODY AND USE OF OBJECTS AND DATA.
    Subdivision 1. Title to objects and data. The state reserves to itself the title to all objects
found and data gathered in field archaeology, except as provided in subdivisions 2 and 3. Although
a license may name a custodian other than the state archaeologist, title to the objects and data
nevertheless is reserved to the state, and physical possession of them reverts to the state if the
custodian named ceases to exist, or if the state archaeologist finds that the custodian is not properly
caring for them or keeping them conveniently available for study by students of archaeology.
    Subd. 2. Field archaeology on behalf of nonresident schools and scientific institutions.
The director of the Minnesota Historical Society, with the approval of the state archaeologist, may
agree for the state with an agency of another state, or with a school or scientific institution of
another state, to permit qualified persons acting for the nonresident agency, school, or institution
to be licensed to engage in field archaeology in this state. Under such an agreement, the director of
the historical society and the state archaeologist shall, at the time the license is issued, determine
the disposition of the objects found.
    Subd. 3. Disposal of and acquisition of objects. If the best interests of this state are deemed
served thereby, the state archaeologist, with the approval of the director of the historical society,
may barter one or more objects belonging to this state for one or more objects belonging to
another state, a private person, or any school, scientific institution, or other body having title
thereto; and the state archaeologist, with the approval of the director of the historical society, may
dispose of one or more objects belonging to this state. The state archaeologist and director of the
Minnesota Historical Society may accept on behalf of the state any gift of an object, of data, or of
any deed to a privately owned site if they deem the gift valuable to the state under the provisions
of sections 138.31 to 138.42; they may also accept any gift of money to be used for one or more
of the purposes covered by sections 138.31 to 138.42, but shall be held strictly accountable to the
state for the use made of any such gift of money.
History: 1963 c 5 s 7

138.38 REPORTS OF STATE ARCHAEOLOGIST.
The state archaeologist shall consult with and keep the Indian Affairs Council and the
director of the historical society informed as to significant field archaeology, projected or
in progress, and as to significant discoveries made. Annually, and also upon leaving office,
the state archaeologist shall file with the commissioner a full report of the office's activities
including a summary of the activities of licensees, from the date of the last full report of the state
archaeologist. Copies of the report must be sent upon completion to the Minnesota Historical
Society and the Indian Affairs Council, and made available to other interested parties.
History: 1963 c 5 s 8; 1986 c 444; 1994 c 632 art 4 s 50; 2002 c 298 s 5

138.39 RULES.
The commissioner may adopt rules to carry out sections 138.31 to 138.42. In making such
rules the commissioner must consult with other agencies of the state whose activities may be
affected by the rules.
History: 1963 c 5 s 9; 1985 c 248 s 70; 2002 c 298 s 6

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

138.41 PENALTIES.
    Subdivision 1. Willful violations. Whoever willfully violates section 138.33, or willfully
defaces, injures, destroys, displaces, or removes any object or data belonging to the state, or
willfully interferes with evidence or work on any state site or other site for which a license has
been issued, or willfully violates any other provision of sections 138.31 to 138.42, or the rules
adopted by the commissioner is guilty of a gross misdemeanor.
    Subd. 2. Other penalties. The director of the Minnesota Historical Society may suspend or
revoke the license of any licensee, or refuse another license, or initially refuse a license to any
person who has violated a provision of sections 138.31 to 138.42, whether the violation is willful
or not. Also, the director may refuse to name a school or a scientific institution as the custodian of
objects or data under any license or agreement whatever, if that school or scientific institution has
failed in its duty to care for and preserve objects or data belonging to the state or has failed to
make such objects or data conveniently available to students of archaeology.
History: 1963 c 5 s 11; 1971 c 23 s 12; 1971 c 48 s 5; 1985 c 248 s 70; 2002 c 298 s 7

138.42 TITLE.
Sections 138.31 to 138.42 may be cited as the "Minnesota Field Archaeology Act of 1963."
History: 1963 c 5 s 13

HISTORIC SITES

138.51 POLICY.
It is in the public interest to provide for the preservation of historic sites, buildings,
structures, and antiquities of state and national significance for the inspiration, use, and benefit
of the people of the state.
History: 1965 c 779 s 1

138.52 [Repealed, 1993 c 181 s 14]

138.53 [Repealed, 1993 c 181 s 14]

138.54 [Repealed, 1975 c 353 s 41]

138.55 [Repealed, 1993 c 181 s 14]

138.56 [Repealed, 1993 c 181 s 14]

138.57 STATE HISTORIC SITES; REGISTRY, FEDERALLY OWNED LANDS.
    Subdivision 1. Scope. The land and water areas enumerated in this section are hereby
designated by law as "state historic sites," and this section is a registry of state historic sites
situated on property owned by the United States government.
    Subd. 2. Flat Lake Mounds. Flat Lake Mounds, in Becker County, consists of Sections 27
and 28, Township 141 North, Range 39 West, and is located in Tamarac National Wildlife Refuge.
    Subd. 3. Eagle Mountain. Eagle Mountain, in Cook County, consists of Sections 34 and 35,
Townships 63 North, Range 2 West.
    Subd. 4. Red Pipestone Quarries. Red Pipestone Quarries, in Pipestone County, is located
within the boundaries of Pipestone National Monument.
    Subd. 5. Grand Portage. Grand Portage, in Cook County, is located within the boundaries
of Grand Portage National Monument.
    Subd. 6.[Repealed, 1975 c 353 s 41]
    Subd. 7.[Repealed, 1975 c 353 s 41]
    Subd. 8. Duluth Ship Canal. Duluth Ship Canal, in St. Louis County, is located within the
boundaries of Government Park on Minnesota Point in the city of Duluth.
    Subd. 9. Minnesota Point Lighthouse. Minnesota Point Lighthouse, in St. Louis County, is
located in the extreme easternmost portion of Minnesota Point in the city of Duluth.
    Subd. 10. Taliaferro's Indian Agency. Major Lawrence Taliaferro's Indian Agency, Fort
Snelling, in Hennepin County, is located within the authorized boundaries of Fort Snelling State
Park.
    Subd. 11.[Repealed, 1973 c 316 s 16]
    Subd. 12. Brown County post office. Post office, in Brown County, consists of a part of Lots
1, 2, and 3 of Block 66, north of Center Street in the city of New Ulm.
    Subd. 13. Height of Land Portage. Height of Land Portage, in Cook County, consists of
Section 22, Township 65 North, Range 2 West, and is located within Superior National Forest.
    Subd. 14.[Repealed, 1973 c 316 s 16]
    Subd. 15.[Repealed, 1973 c 316 s 16]
History: 1965 c 779 s 7; 1969 c 894 s 6; 1971 c 605 s 1; 1973 c 316 s 14

138.58 [Repealed, 1993 c 181 s 14]

138.581 STATE HISTORIC SITES; REGISTRY; LANDS OWNED BY GOVERNMENTAL
UNITS OUTSIDE THE STATE.
    Subdivision 1. Scope. The land and water areas enumerated in this section are designated
"state historic sites," and this section is a registry of state historic sites situated on property owned
by governmental units outside the state or by instrumentalities of those government units.
    Subd. 2. Canadian National Depot. The Canadian National Depot, owned by the Canadian
National Railroad, is in Roseau County and is located on Main Street in the city of Warroad.
History: 1980 c 434 s 2

138.585 STATE MONUMENTS.
    Subdivision 1. Scope. The monuments, memorials, tablets, markers and cenotaphs
enumerated in this section are "state monuments," officially established as such by the state
of Minnesota since 1873.
    Subd. 2. Captain John S. Marsh State Monument. Captain John S. Marsh State Monument
in Fort Ridgely Cemetery, in memory of Captain John S. Marsh and 25 men killed at Redwood
Ferry in the Sioux Uprising of 1862, established in 1873.
    Subd. 3. Eliza Miller State Monument. Eliza Miller State Monument, in Fort Ridgely
Cemetery, in memory of the valor of Mrs. Eliza Miller during the Siege of Fort Ridgely in the
Sioux Uprising of 1862, established in 1877.
    Subd. 4. Ness Lutheran Cemetery State Monument. Ness Lutheran Cemetery State
Monument, in Meeker County, marks the mass grave of the five settlers killed at the Baker cabin
at Acton in 1862, established in 1878.
    Subd. 5. Lundborg-Broberg State Monument. Lundborg-Broberg State Monument, in
Kandiyohi County, in Lebanon Swedish Cemetery, New London, marks the mass grave of 13
members of two families killed during the Sioux Uprising of 1862, established in 1891.
    Subd. 6. Defenders' State Monument. Defenders' State Monument, in Brown County, a
twenty-four foot granite shaft on Center Street, New Ulm, commemorates the two battles fought
in this city during the Sioux Uprising of 1862, established in 1891.
    Subd. 7. Camp Release State Monument. Camp Release State Monument, in Lac qui Parle
County, a fifty foot granite shaft in Camp Release Memorial State Wayside, near Montevideo,
marks the spot where the Sioux Indians surrendered and released 269 Sioux Uprising captives
on September 26, 1862, established in 1894.
    Subd. 8. Birch Coulee State Monument. Birch Coulee State Monument, in Renville
County, a fifty-two foot granite shaft overlooking highway 19 at Morton, in memory of those who
fought in the Battle of Birch Coulee in the Sioux Uprising of 1862, established in 1894.
    Subd. 9. Fort Ridgely State Monument. Fort Ridgely State Monument, in Nicollet County,
a fifty-two foot granite shaft in Fort Ridgely State Park, commemorating the heroism of the fort's
defenders during its nine day siege in the Sioux Uprising of 1862, established in 1896.
    Subd. 10. Hinckley Fire State Monument. Hinckley Fire State Monument, in Pine County,
a fifty-two foot granite shaft in Hinckley Memorial Cemetery, marks the mass grave of 248
victims of the Hinckley Fire of 1894, established in 1900.
    Subd. 11. Guri Endreson Rosseland State Monument. Guri Endreson Rosseland State
Monument, in Kandiyohi County, in Vikor Lutheran Cemetery, near Willmar, marks the grave of
Sioux Uprising heroine Guri Endreson, established in 1907.
    Subd. 12. Chief White Cloud State Monument. Chief White Cloud State Monument, in
Becker County, in Calvary Catholic Cemetery, near White Earth, honoring Chippewa Chief
White Cloud, established in 1909.
    Subd. 13. Acton State Monument. Acton State Monument, in Meeker County, a granite
shaft at Acton, near Grove City, marks the site of the Howard Baker cabin, where the Sioux
Uprising began on August 17, 1862, established in 1909.
    Subd. 14. Jackson State Monument. Jackson State Monument, in Jackson County, a granite
shaft in Ashley Park, Jackson, in memory of 19 pioneer settlers killed in this area in 1857 and
1862, established in 1909.
    Subd. 15. Joseph R. Brown State Monument. Joseph R. Brown State Monument, in Sibley
County, a granite shaft in Brown's Cemetery, Henderson, marks the grave of pioneer Joseph
R. Brown (1805-1870), established in 1910.
    Subd. 16. Wood Lake State Monument. Wood Lake State Monument, in Yellow Medicine
County, a fifty foot granite shaft in Wood Lake State Wayside, near Granite Falls, in memory of
seven soldiers who died in the Sioux Uprising battle at this site in 1862, established in 1910.
    Subd. 17. Chief Mouzoomaunee State Monument. Chief Mouzoomaunee State
Monument, in Nicollet County, in Fort Ridgely Cemetery, in recognition of the loyalty of Chief
Mouzoomaunee and the Chippewa Indians during the Sioux Uprising, established in 1914.
    Subd. 18. Brook Park State Monument. Brook Park State Monument, in Pine County, a
thirty-two foot granite shaft in Brook Park Cemetery, marks the mass grave of 23 Brook Park
Township residents who perished in the Great Fire of 1894.
    Subd. 19. Schwandt State Monument. Schwandt State Monument, in Renville County, on
County Road No. 15 near North Redwood, in memory of six members of the Johann Schwandt
family killed during the Sioux Uprising of 1862, established in 1915.
    Subd. 20. Lake Shetek State Monument. Lake Shetek State Monument, in Murray County,
a twenty-five foot high granite shaft in Lake Shetek State Park, in memory of those killed at this
site during the Sioux Uprising of 1862, established in 1925.
    Subd. 21. William Colvill State Monument. William Colvill State Monument, in Goodhue
County, a granite shaft with a statue of William Colvill (1830-1905), honors the colonel who led
the First Minnesota Regiment in the Civil War battle of Gettysburg in 1863, established in 1928.
    Subd. 22. Milford State Monument. Milford State Monument, in Brown County, on
county road No. 4 near Essig, in memory of over 50 Milford Township settlers killed in the
Sioux Uprising of 1862, established in 1929.
    Subd. 23. Moose Lake State Monument. Moose Lake State Monument, in Carlton County,
a twenty-seven foot granite shaft in Riverside Cemetery, Moose Lake, in memory of 183 victims
of the Fire of 1918, established in 1929.
    Subd. 24. Samuel J. Brown State Monument. Samuel J. Brown State Monument, in
Traverse County, a bronze tablet in Sam Brown Memorial Park, Browns Valley, honors Samuel
J. Brown (1845-1925), the "Paul Revere of the Northwestern Frontier" for his valiant ride in
1866, established in 1929.
    Subd. 25. Count Beltrami State Monument. Count Beltrami State Monument, in Beltrami
County, in honor of Count Beltrami to commemorate the discovery of the height of land on the
Continental Divide on August 23, 1823, established in 1945.
    Subd. 26. Chief Sleepy Eyes State Monument. Chief Sleepy Eyes State Monument, in
Brown County, a twenty-foot granite shaft in the city of Sleepy Eye, honoring Santee Sioux Chief
Sleepy Eyes (Ishtaba), for whom the city is named, established in 1971.
    Subd. 27. Sioux Indians State Monument. Sioux Indians State Monument, in Renville
County, a fifty-foot granite shaft overlooking trunk highway 19 near Morton honoring the Indians
who were friendly to white settlers during the Sioux Uprising of 1862, established in 1971.
    Subd. 28. Traverse des Sioux State Monument. Traverse des Sioux State Monument in
Nicollet County, including the Traverse des Sioux Treaty Site, where the treaty of Traverse des
Sioux was signed in 1851, consists of two tracts divided by United States Highway No. 169 as
follows: All that land owned by the state of Minnesota under the jurisdiction of the Departments
of Natural Resources and Transportation within the statutory boundary of the Traverse des Sioux
State Park located westerly of United States Highway No. 169 and northerly of Chestnut Street of
the plat of Traverse des Sioux north of Sibley Street and containing approximately 19 acres, more
or less, and, all that land owned by the state of Minnesota under the jurisdiction of the Department
of Natural Resources within the statutory boundary of the Traverse des Sioux State Park located
easterly of United States Highway No. 169 and northerly of McCann Street of the plat of Traverse
des Sioux south of Sibley Street, and containing approximately 90 acres, more or less, both
parcels located in Sections 4 and 9, Township 110 North, Range 26 West.
    Subd. 29. Governor Floyd B. Olson State Monument. Governor Floyd B. Olson State
Monument, in Hennepin County, a statue of Floyd B. Olson, who served as Minnesota's 22nd
governor from 1931 to 1936, located along Trunk Highway 55 at Penn Avenue North in the city
of Minneapolis, established in 1983.
    Subd. 30. Monument to the Living. Monument to the Living, in Ramsey County, a
statue of a military fighting man, created by Roger Brodin to serve as a memento to all living
Minnesota veterans, dedicated in May of 1982 and located on the State Capitol grounds in St.
Paul, established in 1984.
    Subd. 31. Native American Monument. Native American Monument, in Ramsey County,
to memorialize Native Americans, located in a place of honor in the capitol complex in St. Paul.
History: 1971 c 688 s 6; 1975 c 353 s 35-38; 1980 c 546 s 2; 1983 c 32 s 1; 1984 c 507
s 1; 1986 c 398 art 10 s 2

138.586 COUNTY BOARDS MAY ACQUIRE HISTORIC SITES.
The board of county commissioners of any county is hereby authorized to acquire
and maintain tracts of land within the county which are designated as having historical or
archaeological significance and whose acquisition and maintenance are approved by the
Minnesota Historical Society and to aid in the construction of markers on such lands.
History: 1943 c 462 s 1; 1969 c 9 s 29; 1969 c 894 s 2; 1975 c 353 s 23

138.59 [Repealed, 1993 c 181 s 14]

138.60 [Repealed, 1993 c 181 s 14]

138.61 [Repealed, 1993 c 181 s 14]

138.62 [Repealed, 1993 c 181 s 14]

138.63 [Repealed, 1993 c 181 s 14]

138.64 [Repealed, 1993 c 181 s 14]

138.65 [Repealed, 1993 c 181 s 14]

138.66 [Repealed, 1993 c 181 s 14]

MINNESOTA HISTORIC SITES ACT

138.661 STATE HISTORIC SITE NETWORK.
    Subdivision 1. Scope. Historic sites in section 138.662 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 138.662 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 138.662. The authority of the commissioner of natural
resources to administer and control the historic sites enumerated in section 138.662 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.
History: 1993 c 181 s 1

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. Alexander Ramsey House; Ramsey County.
1965 c 779 s 3; 1967 c 54 s 4; 1971 c 362 s 1; 1973 c 316 s 4; 1993 c 181 s 2,13
    Subd. 3. Birch Coulee Battlefield. Birch Coulee Battlefield; Renville County.
1965 c 779 s 5; 1973 c 316 s 9; 1976 c 106 s 2,4; 1984 c 654 art 2 s 112; 1993 c
181 s 2,13
    Subd. 4. Bourassa's Fur Post. Bourassa's Fur Post; St. Louis County.
1965 c 779 s 3; 1967 c 54 s 2; 1973 c 316 s 2; 1993 c 181 s 2,13
    Subd. 5.[Repealed, 1996 c 452 s 40]
    Subd. 6. Camp Coldwater. Camp Coldwater; Hennepin County.
1965 c 779 s 7; 1973 c 225 s 1,2; 1993 c 181 s 2,13
    Subd. 7. Charles A. Lindbergh House. Charles A. Lindbergh House; Morrison County.
1965 c 779 s 5; 1969 c 956 s 1; 1971 c 688 s 2; 1993 c 181 s 2,13
    Subd. 8. Folsom House. Folsom House; Chisago County.
1969 c 894 s 5; 1993 c 181 s 2,13
    Subd. 9. Forest History Center. Forest History Center; Itasca County.
1993 c 181 s 2,13
    Subd. 10. Fort Renville. Fort Renville; Chippewa County.
1969 c 894 s 5; 1973 c 225 s 3; 1993 c 181 s 2,13
    Subd. 11. Fort Ridgely. Fort Ridgely; Nicollet County.
1965 c 779 s 5; 1971 c 688 s 2; 1993 c 181 s 2,13
    Subd. 12. Grand Mound. Grand Mound; Koochiching County.
1965 c 779 s 8; 1969 c 956 s 1; 1971 c 688 s 2; 1976 c 316 s 3; 1985 c 120 s
1; 1993 c 181 s 2,13
    Subd. 13. Harkin Store. Harkin Store; Nicollet County.
1965 c 779 s 8; 1973 c 485 s 1; 1976 c 316 s 5; 1993 c 181 s 2,13
    Subd. 14. Historic Fort Snelling. Historic Fort Snelling; Hennepin County.
1965 c 779 s 7; 1969 c 956 s 1; 1975 c 353 s 28; 1993 c 181 s 2,13
    Subd. 15. Itasca Headwaters. Itasca Headwaters; Clearwater County.
1965 c 779 s 5; 1977 c 372 s 2; 1993 c 181 s 2,13
    Subd. 16. James J. Hill House. James J. Hill House; Ramsey County.
1965 c 779 s 8; 1985 c 120 s 1; 1993 c 181 s 2,13
    Subd. 17. Jeffers Petroglyphs. Jeffers Petroglyphs; Cottonwood County.
1965 c 779 s 8; 1967 c 54 s 9; 1973 c 316 s 5; 1993 c 181 s 2,13
    Subd. 18. Lac Qui Parle Mission. Lac Qui Parle Mission; Chippewa County.
1965 c 779 s 5; 1973 c 225 s 3; 1973 c 316 s 9; 1975 c 353 s 25; 1993 c 181 s 2,13
    Subd. 19. Lower Sioux Agency. Lower Sioux Agency; Redwood County.
1965 c 779 s 8; 1967 c 54 s 9; 1973 c 316 s 6; 1993 c 181 s 2,13
    Subd. 20. Marine Mill. Marine Mill; Washington County.
1965 c 779 s 8; 1993 c 181 s 2,13
    Subd. 21. Meighen Store. Meighen Store; Fillmore County.
1965 c 779 s 8; 1967 c 54 s 11; 1973 c 316 s 9; 1993 c 181 s 2,13
    Subd. 22. Mille Lacs Indian Museum. Mille Lacs Indian Museum; Mille Lacs County.
1965 c 779 s 3; 1993 c 181 s 2,13
    Subd. 23. Minnehaha Depot. Minnehaha Depot; Hennepin County.
1965 c 779 s 3; 1993 c 181 s 2,13
    Subd. 24. Minnesota State Capitol. Minnesota State Capitol; Ramsey County.
1971 c 691 s 1,2; 1974 c 249 s 5; 1974 c 580 s 16; 1987 c 265 s 1; 1993 c 181 s 2,13
    Subd. 25. Morrison Mounds. Morrison Mounds; Otter Tail County.
1967 c 54 s 11; 1969 c 894 s 5; 1993 c 181 s 2,13
    Subd. 26. North West Company Fur Post. North West Company Fur Post; Pine County.
1965 c 779 s 3; 1969 c 894 s 4; 1973 c 316 s 1; 1976 c 316 s 2; 1993 c 181 s 2,13
    Subd. 27. Oliver H. Kelley Farm. Oliver H. Kelley Farm; Sherburne County.
1965 c 779 s 3; 1993 c 181 s 2,13
    Subd. 28. Solomon G. Comstock House. Solomon G. Comstock House; Clay County.
1967 c 54 s 9; 1993 c 181 s 2,13
    Subd. 29. Split Rock Lighthouse. Split Rock Lighthouse; Lake County.
1969 c 894 s 6; 1973 c 316 s 9; 1976 c 106 s 1; 1980 c 546 s 1; 1992 c 481 s
1; 1993 c 181 s 2,13
    Subd. 30. Stumne Mounds. Stumne Mounds; Pine County.
1969 c 894 s 5; 1993 c 181 s 2,13
    Subd. 31. Trail Along Railroad Right-Of-Way. Trail Along Railroad Right-Of-Way;
Hennepin County.
1973 c 225 s 1,2; 1993 c 181 s 2,13
    Subd. 32. Traverse des Sioux. Traverse des Sioux; Nicollet County.
1965 c 779 s 5; 1980 c 489 s 4,5; 1980 c 546 s 2; 1993 c 181 s 2,13; 1993 c 241 s 1
    Subd. 33. Upper Sioux Agency. Upper Sioux Agency; Yellow Medicine County.
1965 c 779 s 5; 1969 c 956 s 1; 1971 c 688 s 2; 1993 c 181 s 2,13
    Subd. 34. William G. Le Duc House. William G. Le Duc House; Dakota County.
1965 c 779 s 3; 1967 c 54 s 3; 1993 c 181 s 2,13
    Subd. 35. William W. Mayo House. William W. Mayo House; Le Sueur County.
1965 c 779 s 3; 1993 c 181 s 2,13

138.663 STATE REGISTER OF HISTORIC PLACES.
    Subdivision 1. Policy. The land and water areas in section 138.664 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 138.664 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.
History: 1993 c 181 s 3

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. 1848 Convention Site; Washington County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 3. Administration Building 10. Administration Building 10 at the Minnesota
Veterans Home; Hennepin County.
1983 c 27 s 1; 1993 c 181 s 4,13
    Subd. 4. Aerial Lift Bridge. Aerial Lift Bridge; St. Louis County.
1976 c 316 s 6; 1993 c 181 s 4,13
    Subd. 5. Alexander Faribault House. Alexander Faribault House; Rice County.
1969 c 894 s 5; 1993 c 181 s 4,13
    Subd. 6. Andrew J. Volstead House. Andrew J. Volstead House; Yellow Medicine County.
1973 c 316 s 15; 1993 c 181 s 4,13
    Subd. 7. August Schell Brewing Company. August Schell Brewing Company; Brown
County.
1976 c 316 s 10; 1993 c 181 s 4,13
    Subd. 8. Battle Point. Battle Point; Cass County.
1986 c 325 s 1; 1993 c 181 s 4,13
    Subd. 9. Blue Mound. Blue Mound; Rock County.
1965 c 779 s 5; 1993 c 181 s 4,13
    Subd. 10. Bradbury Homestead. Bradbury Homestead; Otter Tail County.
1971 c 688 s 7; 1993 c 181 s 4,13
    Subd. 11. Brooklyn Farm (Earle Brown Farm). Brooklyn Farm (Earle Brown Farm);
Hennepin County.
1974 c 249 s 8; 1993 c 181 s 4,13
    Subd. 12. Browns Valley Site. Browns Valley Site; Traverse County.
1965 c 779 s 3; 1975 c 353 s 31; 1993 c 181 s 4,13
    Subd. 13. Buffalo Ridge. Buffalo Ridge; Murray County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 13a. Burbank Livingston Griggs House. Burbank Livingston Griggs House; Ramsey
County.
1996 c 452 s 32
    Subd. 14. Camp Pope. Camp Pope; Redwood County.
1969 c 894 s 7; 1993 c 181 s 4,13
    Subd. 15. Cantonment New Hope. Cantonment New Hope; Dakota County.
1965 c 779 s 8; 1967 c 54 s 10; 1993 c 181 s 4,13
    Subd. 16. Carver's Cave. Carver's Cave; Ramsey County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 17. Chapel St. Paul. Chapel St. Paul; Ramsey County.
1965 c 779 s 6; 1993 c 181 s 4,13
    Subd. 18. Consumers Pure Ice and Storage Company Building. Consumers Pure Ice and
Storage Company Building; Benton County.
1982 c 392 s 1; 1993 c 181 s 4,13
    Subd. 19. Continental Divide. Continental Divide; St. Louis County.
1965 c 779 s 3; 1993 c 181 s 4,13
    Subd. 20. Continental Divide. Continental Divide; Traverse County.
1965 c 779 s 3; 1993 c 181 s 4,13
    Subd. 21. Cook-Hormel House. Cook-Hormel House; Mower County.
1981 c 71 s 1; 1993 c 181 s 4,13
    Subd. 22. Duluth Ship Canal. Duluth Ship Canal; St. Louis County.
1965 c 779 s 7; 1993 c 181 s 4,13
    Subd. 23. Duluth Union Depot. Duluth Union Depot; St. Louis County.
1969 c 894 s 6; 1993 c 181 s 4,13
    Subd. 24. E. J. Longyear First Diamond Drill Site. E. J. Longyear First Diamond Drill
Site; St. Louis County.
1976 c 316 s 14; 1993 c 181 s 4,13
    Subd. 25. Eugene Saint Julien Cox House. Eugene Saint Julien Cox House; Nicollet
County.
1971 c 688 s 2; 1993 c 181 s 4,13
    Subd. 26. Falls of St. Anthony. Falls of St. Anthony; Hennepin County.
1965 c 779 s 8; 1988 c 684 art 1 s 13-17; 1993 c 181 s 4,13
    Subd. 27. Flat Lake Mounds. Flat Lake Mounds; Becker County.
1965 c 779 s 7; 1993 c 181 s 4,13
    Subd. 28. Fort Beauharnois. Fort Beauharnois; Goodhue County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 29. Fort Pomme De Terre. Fort Pomme De Terre, Pelican Lake Township; Grant
County.
1976 c 316 s 9; 1993 c 181 s 4,13
    Subd. 30. Fort Ripley. Fort Ripley; Morrison County.
1965 c 779 s 3; 1993 c 181 s 4,13
    Subd. 31. Fort St. Charles. Fort St. Charles; Lake of the Woods County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 32. Frank B. Kellogg House. Frank B. Kellogg House; Ramsey County.
1976 c 316 s 11; 1993 c 181 s 4,13
    Subd. 33. F. Scott Fitzgerald House. F. Scott Fitzgerald House; Ramsey County.
1973 c 316 s 15; 1993 c 181 s 4,13
    Subd. 34. Fugle's Mill. Fugle's Mill; Olmsted County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 35. Gideon H. and Sarah Pond House. Gideon H. and Sarah Pond House; Hennepin
County.
1969 c 894 s 7; 1993 c 181 s 4,13
    Subd. 36. Grand Army of the Republic Hall. Grand Army of the Republic Hall; Meeker
County.
1969 c 894 s 7; 1993 c 181 s 4,13
    Subd. 37. Grand Portage. Grand Portage; Cook County.
1965 c 779 s 7; 1993 c 181 s 4,13
    Subd. 38. Grand Portage of the Saint Louis River. Grand Portage of the Saint Louis
River; Carlton County.
1965 c 779 s 5; 1993 c 181 s 4,13
    Subd. 39. Height of Land. Height of Land; Cook County.
1969 c 894 s 6; 1993 c 181 s 4,13
    Subd. 40. Historic Hill District. Historic Hill District; Ramsey County.
1974 c 249 s 10; 1993 c 181 s 4,13
    Subd. 41. Hull-Rust-Mahoning Mine. Hull-Rust-Mahoning Mine; St. Louis County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 42. Indian Mounds Park Site. Indian Mounds Park Site; Ramsey County.
1965 c 779 s 6; 1973 c 316 s 11; 1993 c 181 s 4,13
    Subd. 43. Ingeborg and Olof Swensson Farmstead. Ingeborg and Olof Swensson
Farmstead; Chippewa County.
1971 c 688 s 2; 1993 c 181 s 4,13
    Subd. 44. Irvine Park Historic District. Irvine Park Historic District; Ramsey County.
1974 c 249 s 4,11; 1993 c 181 s 4,13
    Subd. 45. Joseph R. Brown Historical Interpretive Center. Joseph R. Brown Historical
Interpretive Center; Sibley County.
1993 c 181 s 4,13
    Subd. 46. Joseph R. Brown House Ruins. Joseph R. Brown House Ruins; Renville County.
1965 c 779 s 5; 1973 c 316 s 9; 1993 c 181 s 4,13
    Subd. 47. Kari and Thomas Veblen Farmstead. Kari and Thomas Veblen Farmstead;
Rice County.
1976 c 316 s 12; 1993 c 181 s 4,13
    Subd. 48. Kensington Runestone Discovery Site. Kensington Runestone Discovery Site;
Douglas County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 49. Kettle Falls Hotel. Kettle Falls Hotel; St. Louis County.
1976 c 316 s 13; 1993 c 181 s 4,13
    Subd. 50. Larson Mill. Larson Mill; Marshall County.
1965 c 779 s 5; 1973 c 316 s 9; 1993 c 181 s 4,13
    Subd. 50a. Little Elk Heritage Preserve. Little Elk Heritage Preserve, Morrison County.
1965 c 779 s 8; 1993 c 181 s 4,13; 1Sp2001 c 4 art 2 s 8
    Subd. 51. Malmo Mounds and Village Site. Malmo Mounds and Village Site; Aitkin
County.
1971 c 688 s 2; 1993 c 181 s 4,13
    Subd. 52. Matilda and Willard Bunnell House. Matilda and Willard Bunnell House;
Winona County.
1971 c 688 s 2; 1993 c 181 s 4,13
    Subd. 53. May and Ray B. Hinkly House. May and Ray B. Hinkly House; Rock County.
1971 c 688 s 2; 1993 c 181 s 4,13
    Subd. 54. Mayowood. Mayowood; Olmsted County.
1967 c 54 s 9; 1993 c 181 s 4,13
    Subd. 55. Mendota Historic District. Mendota Historic District; Dakota County.
1965 c 779 s 8; 1971 c 709 s 3; 1993 c 181 s 4,13
    Subd. 56. Milwaukee Avenue Historic District. Milwaukee Avenue Historic District;
Hennepin County.
1974 c 249 s 9,12; 1993 c 181 s 4,13
    Subd. 57. Minnehaha Falls. Minnehaha Falls; Hennepin County.
1965 c 779 s 6; 1993 c 181 s 4,13
    Subd. 58. Minnesota Historical Society Building. Minnesota Historical Society Building;
Ramsey County.
1974 c 249 s 6; 1993 c 181 s 4,13
    Subd. 59. Minnesota Point Lighthouse. Minnesota Point Lighthouse; St. Louis County.
1965 c 779 s 7; 1993 c 181 s 4,13
    Subd. 60. Minnesota Woman Site. Minnesota Woman Site; Otter Tail County.
1965 c 779 s 3; 1976 c 106 s 3; 1993 c 181 s 4,13
    Subd. 61. Mountain Iron Mine. Mountain Iron Mine; St. Louis County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 62. National Farmers' Bank of Owatonna. National Farmers' Bank of Owatonna;
Steele County.
1967 c 54 s 12; 1993 c 181 s 4,13
    Subd. 63. New Ulm Post Office. New Ulm Post Office; Brown County.
1969 c 894 s 6; 1993 c 181 s 4,13
    Subd. 64. Nicollet Island. Nicollet Island; Hennepin County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 65. Northcote Stock and Grain Farm. Northcote Stock and Grain Farm; Kittson
County.
1967 c 54 s 12; 1993 c 181 s 4,13
    Subd. 66. Northern Pacific Railroad Shops. Northern Pacific Railroad Shops; Crow Wing
County.
1973 c 316 s 15; 1993 c 181 s 4,13
    Subd. 67. Northwest Point. Northwest Point; Lake of the Woods County.
1973 c 316 s 15; 1993 c 181 s 4,13
    Subd. 68. Noyes Hall and Tate Hall, State School for the Deaf. Noyes Hall and Tate
Hall, State School for the Deaf; Rice County.
1976 c 316 s 7; 1993 c 181 s 4,13
    Subd. 69. O. E. Rolvaag House. O. E. Rolvaag House; Rice County.
1973 c 316 s 15; 1993 c 181 s 4,13
    Subd. 70. Old Crossing. Old Crossing; Red Lake County.
1965 c 779 s 5; 1993 c 181 s 4,13
    Subd. 71. Old Crow Wing. Old Crow Wing; Crow Wing County.
1965 c 779 s 5; 1993 c 181 s 4,13
    Subd. 72. Old Federal Courts Building. Old Federal Courts Building; Ramsey County.
1973 c 316 s 12; 1993 c 181 s 4,13
    Subd. 73. Old Fort Snelling Historic District. Old Fort Snelling Historic District; Hennepin
County.
1971 c 709 s 3; 1974 c 249 s 7; 1993 c 181 s 4,13
    Subd. 74. Old Frontenac Historic District. Old Frontenac Historic District; Goodhue
County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 75. Old State Capitol Site. Old State Capitol Site; Ramsey County.
1965 c 779 s 6; 1993 c 181 s 4,13
    Subd. 76. Ole and Sigrud Bakken Cabin. Ole and Sigrud Bakken Cabin; Polk County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 77. Orwell Site. Orwell Site; Otter Tail County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 78. Ottawa Methodist Church. Ottawa Methodist Church; Le Sueur County.
1971 c 688 s 2; 1993 c 181 s 4,13
    Subd. 79. Peter and Wealthy Gideon Farmhouse. Peter and Wealthy Gideon Farmhouse;
Hennepin County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 80. Pickwick Mill. Pickwick Mill; Winona County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 81. Pierre Bottineau Gravesite. Pierre Bottineau Gravesite; Red Lake County.
1973 c 316 s 15; 1993 c 181 s 4,13
    Subd. 82. Ramsey Mill. Ramsey Mill; Dakota County.
1973 c 316 s 13; 1993 c 181 s 4,13
    Subd. 83. Red Pipestone Quarry. Red Pipestone Quarry; Pipestone County.
1965 c 779 s 7; 1993 c 181 s 4,13
    Subd. 84. Redwood Ferry. Redwood Ferry; Renville County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 85. Rensselaer D. Hubbard House. Rensselaer D. Hubbard House; Blue Earth
County.
1971 c 688 s 2; 1993 c 181 s 4,13
    Subd. 86. Robert F. Jones (Longfellow) House. Robert F. Jones (Longfellow) House;
Hennepin County.
1983 c 26 s 2; 1993 c 181 s 4,13
    Subd. 87. Saint John the Divine Episcopal Church. Saint John the Divine Episcopal
Church; Clay County.
1967 c 54 s 12; 1993 c 181 s 4,13
    Subd. 88. Sandstone School. Sandstone School; Pine County.
1980 c 434 s 1; 1993 c 181 s 4,13
    Subd. 89. Saum Schools. Saum Schools; Beltrami County.
1971 c 688 s 2; 1993 c 181 s 4,13
    Subd. 90. Savanna Portage. Savanna Portage; Aitkin County.
1965 c 779 s 5; 1993 c 181 s 4,13
    Subd. 91. Seppman Mill. Seppman Mill; Blue Earth County.
1965 c 779 s 5; 1973 c 316 s 9; 1993 c 181 s 4,13
    Subd. 92. Shakopee Historical District. Shakopee Historical District; Scott County.
1971 c 709 s 3; 1993 c 181 s 4,13
    Subd. 93. Sinclair Lewis Childhood Home. Sinclair Lewis Childhood Home; Stearns
County.
1965 c 779 s 8; 1969 c 1153, s 6; 1993 c 181 s 4,13
    Subd. 94. Site of Hanging 38 Sioux. Site of Hanging 38 Sioux; Blue Earth County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 95. Soudan Mine. Soudan Mine; St. Louis County.
1965 c 779 s 5; 1973 c 316 s 9; 1993 c 181 s 4,13
    Subd. 96. Source of the Mississippi River. Source of the Mississippi River; Clearwater
County.
1965 c 779 s 5; 1993 c 181 s 4,13
    Subd. 97. State Training School. State Training School; Goodhue County.
1976 c 316 s 8; 1993 c 181 s 4,13
    Subd. 98. St. Croix Boom Site. St. Croix Boom Site; Washington County.
1971 c 688 s 2; 1993 c 181 s 4,13
    Subd. 99. St. John's Abbey and University Historic District, Collegeville. St. John's
Abbey and University Historic District, Collegeville; Stearns County.
1967 c 54 s 12; 1993 c 181 s 4,13
    Subd. 100. Taylors Falls Public Library. Taylors Falls Public Library; Chisago County.
1971 c 688 s 2; 1975 c 353 s 34; 1993 c 181 s 4,13
    Subd. 101. Theodore Wegmann Cabin. Theodore Wegmann Cabin; Clearwater County.
1971 c 688 s 3; 1993 c 181 s 4,13
    Subd. 102. Thoreson House. Thoreson House; Lac Qui Parle County.
1973 c 317 s 15; 1993 c 181 s 4,13
    Subd. 103. Washington County Courthouse. Washington County Courthouse; Washington
County.
1965 c 779 s 3; 1975 c 353 s 32; 1993 c 181 s 4,13
    Subd. 104. Wasioja Seminary. Wasioja Seminary; Dodge County.
1969 c 894 s 5; 1975 c 353 s 33; 1993 c 181 s 4,13
    Subd. 105. Wayzata Depot. Wayzata Depot; Hennepin County.
1981 c 67 s 1; 1993 c 181 s 4,13
    Subd. 106. Wendelin Grimm Farmstead. Wendelin Grimm Farmstead; Carver County.
1965 c 779 s 8; 1967 c 54 s 9; 1993 c 181 s 4,13
    Subd. 107. White Oak Point Site. White Oak Point Site; Itasca County.
1973 c 316 s 15; 1993 c 181 s 4,13
    Subd. 108. Winnebago Agency House. Winnebago Agency House; Blue Earth County.
1969 c 894 s 7; 1993 c 181 s 4,13
    Subd. 109. Winnebago Agency Store. Winnebago Agency Store; Blue Earth County.
1969 c 894 s 7; 1993 c 181 s 4,13
    Subd. 110. Winona County Courthouse. Winona County Courthouse; Winona County.
1971 c 688 s 5; 1993 c 181 s 4,13
    Subd. 111. Witch Tree. Witch Tree; Cook County.
1969 c 894 s 6; 1973 c 316 s 15; 1993 c 181 s 4,13
    Subd. 112. Wood Lake Battlefield. Wood Lake Battlefield; Yellow Medicine County.
1965 c 779 s 3; 1993 c 181 s 4,13
    Subd. 113. Yucatan Fort Site. Yucatan Fort Site; Houston County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 114. Zebulon Pike's 1805-1806 Wintering Headquarters. Zebulon Pike's 1805-1806
Wintering Headquarters; Morrison County.
1965 c 779 s 8; 1993 c 181 s 4,13
    Subd. 115. Zion Lutheran Church and cemetery, rural Shelly. Zion Lutheran Church
and cemetery, rural Shelly; Norman County.
1997 c 54 s 1

138.665 DUTIES OF 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 138.661 to
138.664 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 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 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 138.662, subdivision
24 , and section 138.664, 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 138.664, 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.
History: 1993 c 181 s 5

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.
History: 1993 c 181 s 6

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 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.
History: 1993 c 181 s 7

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 138.661 for deposit in an
account in the state treasury. These fees shall be available to the society.
History: 1993 c 181 s 8

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 138.668, 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.
History: 1993 c 181 s 9

138.6691 CITATION.
Sections 138.661 to 138.669 may be cited as the "Minnesota Historic Sites Act."
History: 1993 c 181 s 10

HISTORIC FEATURES OF STATE CAPITOL

138.67 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 138.67 to 138.69, the terms defined in this section
have the meanings given them.
    Subd. 2. Works of art. "Works of art" in all spaces of the Capitol, means paintings, portraits,
mural decorations, stained glass, statues and busts, bas-relief, ornaments, furniture, plaques, and
any other article or structure of a permanent character intended for decoration or commemoration
placed in the capitol in 1905 or placed subsequently for historic purposes or decoration.
    Subd. 3.[Repealed, 1974 c 580 s 18]
    Subd. 4. Public areas of the State Capitol. "Public areas of the State Capitol" includes the
rotunda, the governor's reception room and offices, the senate chamber, the house chamber, the
Supreme Court chamber, public hallways and corridors, and all other areas of the State Capitol
designed for public ceremonies.
    Subd. 5. State Capitol archives. "State Capitol archives" includes the original Capitol
architectural plans, samples of capitol furnishings, and Cass Gilbert papers, all of which are
managed and administered by the Minnesota State Historical Society.
    Subd. 6. Public gallery and orientation area. "Public gallery and orientation area" means
the rotunda and first floor corridors and a room as designated by the joint rules of the house
of representatives and the senate.
History: 1971 c 691 s 1; 1987 c 265 s 1

138.68 SUPERVISION OF PRESERVATION.
The works of art in the public and ceremonial areas of the State Capitol are declared to
possess historical value for the people of Minnesota. The Minnesota State Historical Society
and the Capitol Area Architectural and Planning Board shall approve the design, structural
composition, and location of all monuments, memorials or works of art presently located in
the public and ceremonial areas of the State Capitol or which shall be placed in such public or
ceremonial areas after June 4, 1971. No monument, memorial or work of art shall be relocated or
removed from, or placed in such areas or altered or repaired in any way without the approval of
the Minnesota State Historical Society. The Minnesota State Historical Society shall have final
authority over the disposition of any monuments, memorials or works of art removed from the
State Capitol or the Capitol grounds.
History: 1971 c 691 s 2; 1974 c 580 s 17; 1975 c 271 s 6

138.69 PUBLIC AREAS OF THE CAPITOL.
The Minnesota State Historical Society is designated the research agency and is responsible
for the interpretation of the public areas for visitors to the Capitol. This involves conducting
or approving public programs and tours in the Capitol and State Office Building, including
exhibits held in the Capitol, providing informational services, acting as advisor on preservation,
recommending appropriate custodial policies, and maintaining and repairing all works of art.
History: 1987 c 265 s 2

MINNESOTA HISTORIC DISTRICT

ACT OF 1971

138.71 POLICY.
The spirit and direction of the state of Minnesota are founded upon and reflected in its historic
past. In the effort to preserve the environmental values of the state, outstanding geographical
areas possessing historical, architectural 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, areas with an unusual concentration
of distinctive historical and architectural values are threatened by destruction or impairment. It
is in the public interest to provide a sense of community identity and preserve these historic
districts which represent and reflect elements of the state's cultural, social, economic, religious,
political, architectural and aesthetic heritage.
History: 1971 c 709 s 1

138.72 DEFINITION.
An "historic district" for the purposes of sections 138.71 to 138.75 consists of a number
of structures, sites and open spaces of historical and architectural significance which together
combine to give such an area historic significance to the state of Minnesota.
History: 1971 c 709 s 2

138.73 DESIGNATION OF HISTORIC DISTRICTS.
    Subdivision 1. Named. The land and water areas enumerated and described in the following
subdivisions of this section are hereby designated by law as historic districts.
    Subd. 2. Pipestone Historic District. Pipestone Historic District includes the following
described property constituting a museum, a vacant lot, a shoe store and a masonic lodge:
(1) The South fifty-seven Feet four inches (S. 57' & 4") except the East two feet (2') of Lot
Five (5) and the South Fifty-seven Feet four inches (S. 57' & 4") of Lot Six (6), Block Four (4),
Nichols Addition to the City of Pipestone. Subject to any party wall agreements or easements.
(2) All that part of Lot Six (6), Block Four (4), Nichols' Addition to the City of Pipestone,
Minnesota, described as follows, to-wit:
Commencing at a point on the west line of said Lot Six (6), 69.7 feet south of the northwest
corner thereof; thence east 25.8 feet, more or less, to the west wall of the building now located
thereon; thence south along said west wall for 22.97 feet; thence west for 25.8 feet, more or
less, to the west line of said Lot Six (6), thence north along said west line for 22.97 feet to the
place of beginning,
(3) Beginning at the Northwest Corner of Lot Six (6), Block Four (4), Nichols' Addition to
the City of Pipestone, Minnesota, thence East along the North line of Block Four (4), 27.9 feet to
the center line of a party wall; thence South 24.0 feet along the center line of a party wall; thence
West 4.2 feet along the center line of a party wall; thence South 45.7 feet along the center line of
a party wall; thence West along the center line of a party wall 23.7 feet to the West line of said
Block Four (4); thence North 69.7 feet to the point of beginning. Subject to a party wall agreement
dated May 31, 1964 between the parties hereto.
(4) The following described parcels of land, all of which are located in Block 4, Nichols'
Addition to the City of Pipestone:
Parcel A: The West Two (2) feet, Eight (8) inches of Lot Two (2),
Parcel B: Lot Three (3)
Parcel C: Beginning at the northwest corner of Lot 4; running thence south 92 feet along
the west side of said lot; thence east 17 feet 6 inches; thence south 8 feet; thence west 10 inches;
thence south 50 feet to the south line of Lot 4; thence east 9 feet to the southeast corner of Lot 4;
thence north 150 feet to the northeast corner of Lot 4; thence west along the north line of Lot 4
to the place of beginning.
Parcel D: The east 2 feet of Lot 5, except that portion owned by the City of Pipestone,
Minnesota.
Parcel E: Commencing at a point 27.9 feet east of the northwest corner of Lot 6, Block 4,
Nichols' Addition to City of Pipestone; said point being the center of a party wall; thence east
along the north line of Block 4 to a point 2 feet west of the northeast corner of Lot 5, of said
Block 4; thence south and parallel with the west line of Block 4, 92 feet 8 inches, thence west
and parallel with the north line of Block 4, 51 feet, 4 inches to the west line of Block 4; thence
north along the west line of Block 4, to a point 69.7 feet south of the northwest corner of Lot
6, of said Block 4, said point being the center line of a party wall; thence east along the center
line of a party wall for 23.7 feet; thence north along the center line of a party wall 45.7 feet;
thence east along the center line of a party wall 4.2 feet; thence north along the center line of a
party wall 24.0 feet to the point of beginning.
    Subd. 3. Angel's Hill Historic District. Angel's Hill Historic District in Chisago County
is located in the city of Taylors Falls on a hill above the commercial district and encompasses
an area bordered on the south by Mill Street; on the east by High Rock Street and Government
Street; on the north by Military Road and on the west by Mulberry Street.
    Subd. 4. Chippewa City Pioneer Village Historic District. Chippewa City Pioneer Village
Historic District in Chippewa County is located at the junction of highways No. 7 and No. 59 in the
city of Montevideo, and encompasses sublot 28, Section 18, township 117 north, range 40 west.
    Subd. 5. Grand Portage Historic District. Grand Portage Historic District in Cook County
is located within the boundaries of Grand Portage National Monument.
    Subd. 6. Kathio Archaeological District. Kathio Archaeological District is located in Mille
Lacs County and is composed of the area designated as Mille Lacs-Kathio State Park plus the
north half of Section 25, township 42 north, range 27 west; an area of 11,680 acres more or less.
    Subd. 7. Lac qui Parle Mission and Village Historic District. Lac qui Parle Mission
and Village Historic District in Chippewa and Lac qui Parle Counties is comprised of Lac qui
Parle State Park and the southeast quarter of the northwest quarter, the northeast quarter of the
southwest quarter, the northwest quarter of the southeast quarter and the southwest quarter of the
northeast quarter of Section 27, township 118 north, range 42 west, in Lac qui Parle County.
    Subd. 8. Lake Benton Historic District. Lake Benton Historic District is located in Lincoln
County within the city of Lake Benton and includes the south half of Section 5; Section 7; Section
8; the west half of Section 9; the northeast quarter of Section 18; and the north half of Section 17;
township 109 north, range 45 west; an area of 2400 acres more or less.
    Subd. 9. Lower Sioux Agency Historic District. Lower Sioux Agency Historic District
in Redwood County consists of the northeast quarter of the northwest quarter of Section 8;
Government Lots 2 and 3, and the north 8 acres of the southeast quarter of the northeast quarter of
Section 8; and the north 6.76 acres of Government Lot 7 in Section 9; all in township 112 north,
range 34 west, including 122.86 acres more or less.
    Subd. 10. Mantorville Historic District. Mantorville Historic District in Dodge County is
located within the city of Mantorville and includes the southeast quarter of Section 17; the South
half of Section 16; the north half of Section 21; the northeast quarter of Section 20; all in township
107 north, range 16 west; an area of 960 acres more or less.
    Subd. 11. Minnetonka Mills Historic District. Minnetonka Mills Historic District in
Hennepin County is located at the intersection of County Highways No. 5 and No. 60 within the
limits of the city of Minnetonka in the east half of Section 15, township 117 north, range 22 west,
and is comprised of the former village of Minnetonka Mills.
    Subd. 12. Morgan Park Historic District. Morgan Park Historic District in St. Louis County
is located in the southwest part of the city of Duluth and is composed of the following area:
Beginning at a point at the intersection of Commonwealth Avenue and Grand Avenue in
Duluth; thence northeasterly along Grand Avenue to the intersection of Grand Avenue and
Hulett Avenue; thence southeasterly along Hulett Avenue to the shore of the St. Louis River;
thence southeasterly along said shoreline to the long pier extending into Spirit Lake; thence
northwesterly along a straight line from said point to Commonwealth Avenue; thence north along
Commonwealth Avenue to the point of beginning.
    Subd. 13. Old Fort Snelling Historic District. Old Fort Snelling Historic District in
Hennepin County is located within the following boundaries: beginning at the intersection of the
westerly Chicago, Milwaukee, St. Paul and Pacific Railroad (abandoned) right-of-way and the
south boundary of Minnehaha State Park extended (which is an extension of East 55th Street,
Minneapolis); thence east along the extension of East 55th Street to the easterly county line of
Hennepin County (center line of Mississippi River); thence southerly and easterly along said
county line to the point of intersection of Hennepin, Ramsey and Dakota Counties; thence easterly
along the Ramsey-Dakota common boundary to intersection with the easterly line of Government
Lot No. 2, Section 28, Township 28, north, range 23, west Dakota County; thence south on
east line of said Government Lot No. 2, to intersection with the east-west quarter line of said
Section 28; thence westerly on said east-west quarter line to the intersection with the easterly
right-of-way line of Minnesota State Highway No. 5; thence southerly on said right-of-way line to
intersect with the metropolitan airports commission boundary line extended; thence northwesterly
along last described boundary line to intersection with a line parallel to Old Trunk Highway 100
(Bloomington Road) and 600 feet northwesterly thereof, measured on a line perpendicular to
said highway; thence northeasterly on last described parallel line to intersect with the northerly
right-of-way line of State Highway No. 55; thence westerly on said right-of-way line to intersect
with the westerly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad
(abandoned); thence northerly on last described right-of-way line to the point of the beginning and
there terminating. The tract herein described contains 580 acres more or less. This district aligns
with the boundaries of the Fort Snelling Historic District in the National Register of Historic
Places, as the description of that district is amended from time to time.
    Subd. 14. Old Frontenac Historic District. Old Frontenac Historic District in Goodhue
County consists of the city of Frontenac and is comprised of the east half of the southeast quarter
of Section 2, the east half of the northeast quarter and the northeast quarter of the southeast quarter
of Section 11, that portion of the northwest quarter of Section 12 west of the Mississippi River,
the northeast quarter of the southwest quarter and the north half of the southwest quarter of the
southwest quarter of Section 12; all in township 112 north, range 13 west.
    Subd. 15. Old Mendota Historic District. Old Mendota Historic District in Dakota
County on the south bank of the Minnesota River just at the point where the Mississippi and the
Minnesota Rivers unite and is comprised of the following:
Beginning on the east line of Government Lot No. 2, Section 28, township 28 north, range
23 west, Dakota County, south on said line to the Interstate Highway 55; thence southwest
on said highway to the intersection with Sibley Highway; thence northeast on said highway
to the intersection with "D" Street in Mendota; thence northwest on "D" Street to Chicago
and Northwestern Railroad right-of-way; thence on an imaginary line straight north to the
Dakota-Ramsey County line; thence southwest on said line to the boundary of Government
Lot No. 2 extended north; thence south along said line to the point of beginning, containing
50 acres more or less.
    Subd. 16. Ottawa Village Historic District. Ottawa Village Historic District in Le Sueur
County is comprised of the city of Ottawa located in the west half of Section 34, township 111
north, range 26 west.
    Subd. 17. St. Anthony Falls Historic District. St. Anthony Falls Historic District is in
Hennepin County and is located within the city of Minneapolis and is comprised of the following:
Beginning at the intersection of Second Street North and the south right-of-way line of
proposed Interstate Highway 335 (State Project 2788-01) as identified on February 1, 1972;
following Second Street southeasterly to its intersection with Tenth Avenue South; thence
northeasterly along Tenth Avenue south and along an imaginary line which is an extension thereof
to the beginning of Sixth Avenue Southeast on the east bank of the Mississippi River and along
Sixth Avenue Southeast to its intersection with University Avenue; thence northwesterly along
University Avenue to the south right-of-way line of proposed Interstate Highway 335 (State
Project 2788-01) as identified on February 1, 1972, and thence northwesterly along the proposed
Interstate 335 right-of-way to the point of beginning.
    Subd. 18. Shakopee Historic District. Shakopee Historic District is in Scott County and
the city of Shakopee and consists of the following portion of Section 5, township 115 north,
range 22 west:
Beginning at a point in the center line of the West Bound lane of Trunk Highway No. 101,
distant 1671.07 feet (as measured along center line of said lane) east of the west line of Section
5; thence north at right angles a distance of 202 feet; thence deflecting to the north at an angle
of 87 degrees 48 minutes a distance of 251.4 feet; thence deflecting to the north at an angle of
23 degrees ten minutes a distance of 403.1 feet; thence north a distance of 130 feet more or less
to a point 30 feet north of the north bank of the Mill Creek; thence easterly and parallel to said
north bank to the Minnesota River; thence downstream or easterly along the southerly bank of the
Minnesota River to the east line of Section 5; thence south to highway No. 101 right-of-way;
thence westerly following north boundary of right-of-way to its intersection with the line running
north from the point of origin.
    Subd. 19. Upper Sioux Agency Historic District. Upper Sioux Agency Historic District in
Yellow Medicine County is comprised of the following area:
Beginning at the line dividing Sections 28 and 29 of township 115 north, range 38 west, on
the bank of the Yellow Medicine River, follow the bank of the River west from this line to the line
dividing Section 30, township 115 north, range 38 west, with Section 25, township 115 north,
range 39 west; thence north on said line to State Highway No. 67 (the old Lac qui Parle Trail);
thence southeast on said line to the western border of the present Upper Sioux Agency State Park;
thence north on the State Park boundary to the Renville-Yellow Medicine County border; thence
east on said border to the eastern border of the Upper Sioux Agency State Park; follow this line to
the border of Sections 28 and 29, township 115 north, range 38 west; thence south on this line to
the bank of the Yellow Medicine River to the point of beginning including 800 acres more or less.
    Subd. 20. Village of St. Vincent Historic District. Village of St. Vincent Historic District in
Kittson County is located on the Red River two miles south of the Canadian border and across
from Pembina, North Dakota and is comprised of Section 8 and the north half of the northeast
quarter of Section 11 both in township 163 north, range 51 west.
    Subd. 21. Wasioja Historic District. Wasioja Historic District in Dodge County is located
within the city of Wasioja and includes the southeast quarter of the southeast quarter of Section
11; the southwest quarter of Section 12; the northwest quarter of Section 13, and the northeast
quarter of Section 14; all in township 107 north, range 17 west; an area of 520 acres more or less.
    Subd. 22. Marine on St. Croix Historic District. Marine on St. Croix Historic District in
Washington County is located within the city of Marine on St. Croix and includes the southwest
quarter of Sec. 6, and the south half of the northwest quarter of Sec. 6, T31N, R19W, the northwest
quarter of Sec. 7, T31N, R19W; these areas lying west of the St. Croix River. Also, the southeast
quarter of Sec. 1, T31N, R20W, and the east half of the northeast quarter of Sec. 12, T31N, R20W.
    Subd. 23. Historic Hill District. Historic Hill District in Ramsey County is located within
the city of St. Paul and comprises the area which is located within the following described
boundaries: beginning at a point at the intersection of the centerlines of Holly Avenue and North
Dale Street in the city of St. Paul; thence north along the centerline of North Dale Street to the
point at which it intersects the centerline of Marshall Avenue; thence east along the centerline of
Marshall Avenue to the point at which it intersects the centerline of Western Avenue North; thence
north along the centerline of Western Avenue North to the point at which it intersects the centerline
of Iglehart Avenue; thence east along the centerline of Iglehart Avenue to the point at which it
intersects the centerline of Virginia Street; thence south along the centerline of Virginia Street to
the point at which it intersects the centerline of Marshall Avenue; thence east along the centerline
of Marshall Avenue to the point at which it intersects the centerline of John Ireland Boulevard;
thence southwesterly along the centerline of John Ireland Boulevard to the point at which it joins
the centerline of Summit Avenue; thence southerly along the centerline of Summit Avenue to
the point at which it intersects the northerly right-of-way line of Selby Avenue extended; thence
easterly along the northerly right-of-way line of Selby Avenue extended to a point parallel with
and 300 feet southeasterly of the centerline of Summit Avenue; thence southwesterly along
a line parallel with and 300 feet southeasterly of the centerline of Summit Avenue to the point
at which it intersects the northeasterly line of lot 3 block 69 of Dayton and Irvine's Addition;
thence southeasterly along the northeasterly line of said lot 3 and its southeasterly extension to its
intersection with the centerline of Irvine Avenue; thence southwesterly along the centerline of
Irvine Avenue to the intersection with the centerline of Western Avenue South; thence southerly
along the centerline of Western Avenue South to the intersection with the centerline of Ramsey
Street; thence southwesterly on a line to the point on the south line of lot 5, block 6, Terrace
Park Addition, distant 100 feet east of the southwest corner of said lot 5; thence west along the
south line of lot 5 to the southwest corner of lot 5; thence southwesterly to the northwest corner
of lot 1, Auditors Subdivision number 33; thence southerly along the west line of said lot 1 to
the point distant 120 feet south of the northwest corner of lot 1; thence southwesterly on a line
to the point on the southwesterly line of St. Albans Street distant 120 feet northwesterly of its
intersection with the northerly right-of-way line of Pleasant Avenue; thence southeasterly along
the northwesterly right-of-way line of St. Albans Street and its southeasterly extension to its
intersection with the centerline of Pleasant Avenue; thence southwesterly on a line to the point of
intersection of the centerlines of St. Clair Avenue and Pleasant Avenue; thence southwesterly to
the point of intersection of the west line of Arbor Street with the most northerly line of Interstate
35-E right-of-way, also being the north line of relocated Grace Street; thence southwesterly on the
northerly line of Interstate 35-E (Grace Street) right-of-way to the point at which it intersects the
North right-of-way line of the Chicago, Milwaukee, St. Paul, and Pacific Railroad right-of-way;
thence westerly and northwesterly along said right-of-way line to a point at which it intersects
the centerline of the alley between Portland and Ashland; thence east along the centerline of
said alley to the point at which it intersects the centerline of North Victoria Street; thence north
along the centerline of North Victoria Street to the point at which it intersects the centerline of
the alley between Holly Avenue and Ashland Avenue; thence east along the centerline of said
alley to the point at which it intersects the centerline of North Grotto Avenue; thence south along
the centerline of North Grotto Avenue to the point at which it intersects the centerline of Holly
Avenue; thence east along Holly Avenue to the point of beginning and there terminating.
    Subd. 24. Irvine Park Historic District. Irvine Park Historic District, partly owned by the
city of St. Paul and portions of which are privately owned, consisting of all area within the
following description: beginning at the center of the intersection of Walnut and West Seventh
Street, thence southeasterly along the centerline of Walnut to the intersection of the centerline
of the perimeter street surrounding Irvine Park, thence northeasterly to the north corner; thence
southeasterly along the centerline of the perimeter street to the intersection of the centerline of
Ryan; thence northeasterly along the centerline of Ryan to the northeast edge of Lot 2, Block 35;
thence southeasterly to include Lots 2, 3, 4, Block 35, thence southwesterly to the centerline of
Hill Street including that portion of Hill vacated; thence southwesterly along the centerline of Hill
Street to the top of the bluff's concrete retaining wall; thence following the concrete of the top
of the retaining wall to the centerline of Sherman; thence northwesterly along the centerline of
Sherman to the intersection of the centerline of Ryan; thence southwesterly along the centerline
of Ryan to the intersection of the line extending from the southwest edge of Lot 11; thence
northwesterly along the southwest of edge of Lots 11, 12 of Block 30, to the intersection of the
centerline alleyway parallel to Ryan and Exchange, Block 30; thence southwesterly along the
centerline of the alleyway to the intersection of the property line running northwest-southeast
dividing in half Lot 3, Block 30; thence along the property line to the intersection of the centerline
of South Exchange; then northeasterly along the centerline of South Exchange to the intersection
of the centerline of Sherman; thence northwesterly along the centerline of Sherman to the
intersection of the centerline of Ramsey; thence westerly along Ramsey to the intersection of
the centerline of West Seventh; thence northeasterly to the point of beginning. All in Rice and
Irvine's Addition to city of St. Paul.
    Subd. 25. Milwaukee Avenue Historic District. Milwaukee Avenue Historic District in
the city of Minneapolis in Hennepin County, extending from Franklin Avenue to Twenty-Fourth
Street.
    Subd. 26. Victory Memorial Drive Historic District. Victory Memorial Drive Historic
District in Hennepin County is comprised of the drive extending from Lowry Avenue North on
the south to Humboldt Avenue North on the east, and all property associated with the drive
owned by the Minneapolis Park and Recreation Board, including the Lincoln Statue area and
the Flagpole Memorial area.
History: 1971 c 709 s 3; 1973 c 123 art 5 s 7; 1973 c 642 s 1,2; 1974 c 171 s 1; 1974 c
249 s 11,12; 1976 c 316 s 15; 2001 c 101 s 2; 2003 c 30 s 1

138.74 CONTROL AND MAINTENANCE OF HISTORIC DISTRICTS.
The governing bodies of the subdivisions of the state in which these historic districts are
located shall have the power to create an historic district board or commission for the purpose of
providing architectural control of these areas.
Said board or commission shall have the power to provide special zoning conditions for
these historic districts, whether owned or controlled privately or by a public body, to impose
regulations governing construction, alteration, demolition and use, and to adopt other measures
appropriate for the preservation, protection and perpetuation of these historic districts designated
by the state of Minnesota.
The governing body of the subdivision of the state in which these historic districts are located
may amend zoning ordinances to encompass these historic districts in zoning legislation to insure
the maintenance of the character of each historic district designated in sections 138.71 to 138.75.
Said governing body shall have the authority to prevent the construction of buildings of a
character not in conformity with that of the historic district.
Said governing body shall have the authority to remove blighting influences, including signs,
unsightly structures and debris, incompatible with the maintenance of the physical well-being of
the historic district.
History: 1971 c 709 s 4

138.75 CITATION.
Sections 138.71 to 138.75 may be cited as the "Minnesota Historic District Act of 1971."
History: 1971 c 709 s 5

ST. ANTHONY FALLS HERITAGE INTERPRETIVE ZONE

138.761 PURPOSE.
The legislature finds that the St. Anthony Falls area in Hennepin County and the city of
Minneapolis has a concentration of outstanding and distinctive historical and architectural
resources. There is a need to develop a comprehensive plan to interpret historical resources in
that area to start the process of encouraging development of that area's historical resources.
Sections 138.761 to 138.765 provide incentives for a joint board to develop and implement a
comprehensive interpretive plan for the St. Anthony Falls area, complementing existing planning
and development activities on the riverfront by using state, federal, and local funding for historic
interpretation.
History: 1988 c 684 art 1 s 13,23; 1996 c 452 s 40

138.762 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to sections 138.761 to 138.765.
    Subd. 2. Board. "Board" means the St. Anthony Falls Heritage Board created in section
138.763.
    Subd. 3. City council. "City council" means the city council of the city of Minneapolis.
    Subd. 4. Heritage interpretive zone; zone. "Heritage interpretive zone" or "zone" means
the land and water area including air rights that begins at the intersection of Second Street North
and Plymouth Avenue, crossing the Mississippi River on Plymouth Avenue; thence along the east
bank of the Mississippi River to Hennepin Avenue; thence northeasterly on Hennepin Avenue to
University Avenue; thence easterly on University Avenue to I 35W; thence southwesterly across
the river to Second Street South; thence along Second Street South and Second Street North
to the point of beginning.
    Subd. 5. Mayor. "Mayor" means the mayor of the city of Minneapolis.
    Subd. 6. Park board. "Park board" means the Park and Recreation Board of the city
of Minneapolis.
    Subd. 7. Plan. "Plan" means a comprehensive interpretive plan for the heritage enterprise
zone.
    Subd. 8. Preservation commission. "Preservation commission" means the Heritage
Preservation Commission of the city of Minneapolis.
    Subd. 9. Preservation office. "Preservation office" means the State Historic Preservation
Office.
    Subd. 10. Society. "Society" means the Minnesota Historical Society.
History: 1988 c 684 art 1 s 14,23; 1996 c 452 s 40

138.763 ST. ANTHONY FALLS HERITAGE BOARD.
    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
preservation 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.
    Subd. 2. Report. The board shall report its actions to the appropriate policy committees of
the legislature in the first year of each biennium.
    Subd. 3. Comprehensive plan. The board shall develop and make available to interested
parties a comprehensive interpretive plan for interpretation of significant historical components in
the zone. The plan must include, but is not limited to, significant historic and natural features such
as the river, bridges, buildings, machinery that is part of the milling story, underground canals,
stone paving, waterfall, railway components, and a heritage trail system that interlocks historic
features of the zone. The plan must evaluate significant historic resources and interpretive options
that will tell the story of the zone and its relationship to the city and the state.
    Subd. 4. Grants. The board may make grants and shall establish procedures to evaluate
plans submitted for grants.
    Subd. 5. Compensation. Board members may be compensated for expenses in accordance
with section 15.0575, subdivision 3.
History: 1986 c 444; 1988 c 684 art 1 s 15,23; 1992 c 513 art 3 s 31; 1993 c 183 s 1; 1994 c
632 art 4 s 52; 1996 c 452 s 33,40

138.764 GRANTS.
The board may provide project assistance grants for the interpretation of historical resources
that are a part of the plan. These grants must relate to a historical resource identified in the plan
and may not exceed half of the cost of interpreting a specific historical resource.
History: 1988 c 684 art 1 s 16,23; 1996 c 452 s 40

138.765 ZONE COORDINATOR.
The Minnesota Historical Society is the coordinator of the heritage interpretive zone and
has a responsibility for public education relating to the zone and for certification of all historical
resources established in the plan. The society may use up to four percent of funds appropriated
for sections 138.761 to 138.765 for coordination. The coordinator must be on the staff of the
Minnesota Historical Society and shall serve as secretary to the board.
History: 1988 c 684 art 1 s 17,23; 1996 c 452 s 40

138.766 MATCH.
The city of Minneapolis, Hennepin County, and the park board shall provide match in money
or in kind for the project under sections 138.761 to 138.765 on a dollar for dollar basis.
History: 1988 c 684 art 1 s 18,23; 1992 c 513 art 3 s 32; 1996 c 452 s 40

FOLKLIFE PRESERVATION ACT

138.81 CITATION.
Sections 138.81 to 138.87 may be cited as the Minnesota Folklife Preservation Act.
History: 1976 c 117 s 1

138.82 FINDINGS.
The legislature finds that:
(1) The diversity inherent in Minnesota folklife has contributed greatly to the cultural
richness of the state and has fostered a sense of individuality and identity among its people;
(2) The history of the state of Minnesota effectively demonstrates that building a strong state
does not require the sacrifice of cultural differences;
(3) Folklife has a fundamental influence on the desires, beliefs, values, and character of
the people;
(4) It is appropriate and necessary for the state to support research and scholarship in
Minnesota folklife in order to contribute to an understanding of the complex problems of the basic
desires, beliefs, and values of people in both rural and urban areas;
(5) The encouragement and support of Minnesota folklife and the study thereof, while
primarily a matter for private and local initiative, is also an appropriate matter of concern to
the state government; and
(6) It is in the interest of the general welfare of the nation to preserve, support, revitalize, and
disseminate Minnesota folklife traditions and arts.
It is the purpose of sections 138.81 to 138.87 to establish in the Minnesota Historical Society
a center for the study of Minnesota folklife and the position of state folklorist to develop, promote,
and implement a program of support for and research in Minnesota folklife.
History: 1976 c 117 s 2

138.83 DEFINITIONS.
As used in sections 138.81 to 138.87 "Minnesota folklife" means the traditional customs and
expressions of the spirit common to a group of people within any area of the state and includes
vocal and instrumental music, dance, drama, lore, beliefs, language, humor, handicraft, painting,
sculpture, architecture, other forms of creative and artistic expression, and skills related to the
preservation, presentation, performance, and exhibition of the cultural heritage of any family,
ethnic, religious, occupational, racial, regional, or other grouping of Minnesota people.
History: 1976 c 117 s 3

138.84 FOLKLORE CENTER.
    Subdivision 1. Creation. There is created in the Minnesota Historical Society a center
for the study of Minnesota folklife.
    Subd. 2. Director. The director of the center shall be the state folklorist who shall be a
professional folklorist on the staff of the Minnesota Historical Society appointed by the director
of the Minnesota Historical Society.
History: 1976 c 117 s 4

138.85 STATE FOLKLORIST; POWERS.
    Subdivision 1. Approval of director. The state folklorist shall exercise the powers conferred
in this section with the approval of the director of the Minnesota Historical Society.
    Subd. 2. Gifts, grants, disposal of property. The folklorist may accept gifts and grants for
the support of the center; receive money and other property donated, bequeathed, or devised,
without condition or restriction other than that it be for the purposes of the center, and use, sell or
otherwise dispose of such property for the purpose of carrying out its functions.
    Subd. 3. Contracts, grants, loans, scholarships. The state folklorist may enter into
contracts with, award grants, loans, and scholarships to individuals and groups, and in the case
of clause (5), private radio and television broadcasters, museums, educational institutions and
corporations for the purpose of:
(1) Support and promotion of research, scholarship, and training in Minnesota folklife;
(2) Support and promotion of live performances, festivals, exhibits, and workshops related to
Minnesota folklife;
(3) Purchase, receipt, support, and promotion of exhibitions and displays, including
presentations by still and motion picture films and audio and visual magnetic tape recordings,
which represent or illustrate some aspect of Minnesota folklife;
(4) Purchase, production and support of exhibitions, projects, presentations, and materials
especially designed for classroom use representing or illustrating some aspect of Minnesota
folklife; and
(5) Making arrangements to present, display, exhibit, disseminate, communicate and
broadcast to local, regional, or state audiences any item referred to in subdivision 4, clause (2).
    Subd. 4. Other powers. The state folklorist may:
(1) Establish and maintain branches of the center in conjunction with any state department,
agency, or institution;
(2) Procure, receive, purchase, and collect for preservation or retention in an appropriate
archive or museum creative works, exhibitions, presentations, objects, materials, artifacts,
and audio and visual records including still and motion picture film, records, audio and visual
magnetic tape recordings, written records, and manuscripts which represent or illustrate some
aspect of Minnesota folklife;
(3) Establish procedures for loaning or making available any item in the archives authorized
by sections 138.81 to 138.87 to any individual or group;
(4) Loan, lease, or otherwise make available to public, private, and nonprofit educational
institutions items developed pursuant to subdivision 3, clause (4);
(5) Develop and implement other programs to preserve, support, revitalize, and disseminate
Minnesota folklife.
History: 1976 c 117 s 5

138.86 STATE FOLKLORIST; DUTIES; ANNUAL REPORT; CONTRIBUTORS'
RIGHTS.
    Subdivision 1. Duties. It shall be the duty of the state folklorist to:
(1) Sponsor, engage in, and direct fundamental research into the folklife of this state and to
encourage and coordinate folklife research and investigation undertaken within the state;
(2) Cooperate with other agencies of the state which may have authority to determine the
location of folklife materials;
(3) Protect to the extent possible and encourage the preservation of folklife items located on
privately owned property or otherwise in the private possession of individuals;
(4) Obtain for the state objects of folklife significance and data relating to the objects;
(5) Cooperate with the University of Minnesota and other institutions and organizations to
preserve and collect Minnesota folklife, together with the data relating to the folklife; and
(6) Disseminate folklife information through the publication of reports of folklife research
conducted within the state.
    Subd. 2. Report. The state folklorist shall submit to the director of the Minnesota Historical
Society an annual report concerning the operation of the center, including a detailed statement of
all private and public funds received and expended by the center and such recommendations as
the center deems appropriate.
    Subd. 3. Contributors' rights. The state folklorist shall avoid any actions which infringe
on the personal rights of individuals contributing to the center.
History: 1976 c 117 s 6

138.87 FOLKLIFE INFORMATION.
In order to maximize communication and cooperation among those collecting or studying
Minnesota folklife, to protect the rights of persons who give information to collectors and
students of Minnesota folklife, and to assist those who wish to represent accurately the folklife
of the state of Minnesota, the state folklorist may establish procedures by which persons who
collect or study Minnesota folklife may:
(1) submit their plans and report their ongoing and final findings to the center;
(2) report to the center any use, publication, or production of their work, and provide copies
of any publication; and
(3) provide at no cost to themselves copies of their fieldwork data for deposit in the archive
of the center to be used in accordance with the wishes of the donor.
History: 1976 c 117 s 7

GENERAL

138.91 [Repealed, 2003 c 128 art 10 s 15]

138.911 MINNESOTA HUMANITIES COMMISSION.
    Subdivision 1. Establishment. The Minnesota Humanities Commission, a nonprofit
organization, is established to advance the study of the humanities and enhance the work of
schools, colleges, and cultural organizations throughout the state.
    Subd. 2. Reports. The Minnesota Humanities Commission shall report to the legislature by
September 1 of each year on the use of state funds appropriated to the commission. The report
shall include an itemized account of the programs and projects supported and the source of money
for each. The report shall show actual expenditures for the fiscal year ending the preceding June
30 and proposed expenditures for the fiscal year beginning the preceding July 1.
    Subd. 3. Humanities center. (a) The Minnesota Humanities Commission may establish a
humanities center to ensure balance in public education and in the cultural life of the state, and to
improve humanities education through the establishment of two institutes: the Minnesota Institute
for Lifelong Learning and the Minnesota Institute for the Advancement of Teaching.
(b) The humanities center may transport people and resources to small towns, rural
communities, and urban settings to provide grants, technical assistance, and high-quality
educational and cultural programs to schools and community organizations throughout Minnesota.
(c) The Minnesota Institute for the Advancement of Teaching may conduct seminars and
other activities for the recognition of the teaching profession and the advancement of teaching in
Minnesota.
History: 1Sp2005 c 5 art 2 s 78

138.92 LOCAL AND REGIONAL HISTORICAL INTERPRETIVE CENTERS.
A historical interpretive center shall be operated and maintained by the agency, society,
corporation, or political subdivision that owns it. State money shall not be used for operating or
maintenance expenses of any historical interpretive center not owned by the state of Minnesota or
the Minnesota Historical Society.
History: 1979 c 337 s 16

138.93 GRANT-IN-AID ASSISTANCE; NON-STATE-OWNED HISTORICAL
INTERPRETIVE CENTERS.
    Subdivision 1. State assistance. The state may pay part of the cost of construction of
non-state-owned historical interpretive center projects. The state's share may not exceed 50
percent of the cost of any project. In regions 3, 4, 9, 10, and 11, expenditures from appropriations
by the 1977, 1978, and 1979 legislature shall be considered part of the state share of the project
cost for the purposes of this section. No more than ten percent of the state's share of future
appropriations pursuant to this section may be used for professional services. Development
regions are the regions designated pursuant to section 462.385. There shall not be more than one
state assisted project in each region.
    Subd. 2. Selection process. Each regional planning commission, except in regions 3, 4, 9, 10
and 11, may request designation of a non-state-owned historical interpretive center. Applications
shall be received by the commission for 180 days thereafter. Applications shall be in the form
prescribed by the Minnesota Historical Society and include a master plan in accordance with the
Minnesota Outdoor Recreation Act of 1975. The regional planning commission may establish an
advisory committee of 20 members from the region to make recommendations.
    Subd. 3. Designation. After receipt of the regional planning commission's recommendation
and review of the master plan in accordance with subdivision 5, the Minnesota historical
society shall designate the center and notify the owner applicant and the regional planning
commission of the designation; however, in region 4, the Red River Valley Center at Moorhead is
designated; in region 10, the Mississippi Interpretive Center at Winona is designated; in region
9, the Agricultural Interpretive Center at Waseca is designated; in region 3, the Lake Superior
Museum of Transportation and Industry is designated; in region 11, the historic Washington
County Courthouse at Stillwater is designated.
    Subd. 4. Master plans. The owner shall prepare and submit to the regional planning
commission a master plan for the development and management of the center, in a format and
detail appropriate for the project. The regional planning commission shall choose a project and
report its choice to the Minnesota Historical Society. The Minnesota Historical Society shall
make the master plan available for review and comment by the public and other state agencies
for at least 30 days.
    Subd. 5. Master plan review and approval. The Minnesota Historical Society shall review
the master plan to determine whether it:
(a) provides for development of the center in a manner consistent with the purposes of
this section;
(b) recognizes historical values and resources that relate to the area involved;
(c) provides an historical program based on sound historical research; and
(d) meets the requirement of section 138.92.
Within 60 days after receipt of a master plan, the Minnesota Historical Society shall notify
the owner that the plan has been reviewed, and forward its recommendations for any changes it
might suggest. The owner shall review the recommendations and notify the Minnesota Historical
Society of the disposition made of them. The plan may be approved by the society only after all
conditions of this section have been met. The society shall forward all approved master plans
to the appropriate regional planning commission and the owner. If the society rejects a project
chosen by a regional planning commission the commission may again request applications in
accordance with subdivision 2 in the subsequent fiscal year.
    Subd. 6. Appropriation requests. The Minnesota Historical Society may seek appropriations
for grant-in-aid assistance pursuant to this section and sections 16A.10 and 16A.11.
History: 1980 c 614 s 90; 1981 c 356 s 170; 1983 c 289 s 115 subd 1; 1987 c 312 art 1
s 26 subd 2; 1993 c 163 art 1 s 24

138.94 STATE HISTORY CENTER.
    Subdivision 1. Designation. The building at 160 John Ireland Boulevard and the land
housing the building, parking lot, and any other related facilities is designated as the State History
Center, and is to be used for such purposes notwithstanding any other law to the contrary.
Authority for administration and control of the State History Center is conferred on the Minnesota
Historical Society. The society is not exempt from rental or lease costs by the state. The
Department of Administration will maintain and provide custodial, security, and climate control
services for the history center in accordance with standards established by the society.
    Subd. 2. User fees. The society may charge fees it deems reasonable for uses relating to the
State History Center including parking and special exhibits.
    Subd. 3. Contractual services. The society may contract with existing state departments and
agencies or other entities for materials and services as may be necessary for the history center.
History: 1981 c 357 s 30; 1Sp1985 c 10 s 74; 1991 c 233 s 57; 1992 c 514 s 19; 1994 c
632 art 4 s 53

138.95 NATIVE AMERICAN MEMORIAL PLAN.
The Minnesota Historical Society shall develop a plan for selecting a design for a capitol
mall memorial to Native Americans. The selection may involve a design competition with a prize
for the winning design. Funding may involve state funds or gifts from private or public sources.
History: 1986 c 398 art 10 s 1

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 Minnesota Historical Society shall coordinate collecting
activities relating to this section with other Minnesota archives and libraries.
    Subd. 3. Notification. The Minnesota 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.
History: 1993 c 181 s 11; 1994 c 465 art 1 s 17

138.97 [Repealed, 1993 c 369 s 146]