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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

Official Publication of the State of Minnesota
Revisor of Statutes