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