08-22-22 Letter from MN Indian Affairs Council

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307.08 MINNESOTA STATUTES 2019 2 waters these costs shall be borne by the state, but may be borne by the landowner upon mutual agreement with the state.The state archaeologist must make the data collected for this activity available using standards adopted by the Office of MN.IT Services and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office.Costs associated with this data delivery must be borne by the state. Subd. 6. [Repealed by amendment,2007 c 115 s 1] Subd. 7. Remains found outside of recorded cemeteries.All unidentified human remains or burials found outside of recorded cemeteries or unplatted graves or burials found within recorded cemeteries and in contexts which indicate antiquity greater than 50 years shall be dealt with according to the provisions of this section. If such burials are not Indian or their ethnic identity cannot be ascertained, as determined by the state archaeologist, they shall be dealt with in accordance with provisions established by the state archaeologist and other appropriate authority. If such burials are Indian, as determined by the state archaeologist, efforts shall be made by the state archaeologist and the Indian Affairs Council to ascertain their tribal identity. If their probable tribal identity can be determined and the remains have been removed from their original context,such remains shall be turned over to contemporary tribal leaders for disposition. If tribal identity cannot be determined,the Indian remains must be dealt with in accordance with provisions established by the state archaeologist and the Indian Affairs Council if they are from public land.If removed Indian remains are from private land they shall be dealt with in accordance with provisions established by the Indian Affairs Council.If it is deemed desirable by the state archaeologist or the Indian Affairs Council, removed remains shall be studied in a timely and respectful manner by a qualified professional archaeologist or a qualified physical anthropologist before being delivered to tribal leaders or before being reburied. Application by a landowner for permission to develop or disturb nonburial areas within authenticated or recorded burial grounds shall be made to the state archaeologist and other appropriate authority in the case of non-Indian burials and to the Indian Affairs Council and other appropriate authority in the case of Indian burials. Landowners with authenticated or suspected human burial grounds on their property are obligated to inform prospective buyers of the burial ground. Subd. 8.Burial ground relocation.No non-Indian burial ground may be relocated without the consent of the appropriate authority. No Indian burial ground may be relocated unless the request to relocate is approved by the Indian Affairs Council. When a burial ground is located on public lands or waters, any burial relocations must be duly licensed under section 138.36 and the cost of removal is the responsibility of and shall be paid by the state or political subdivision controlling the lands or waters. If burial grounds are authenticated on private lands,efforts may be made by the state to purchase and protect them instead of removing them to another location. Subd. 9.Interagency cooperation.The Department of Natural Resources, the Department of Transportation, and all other state agencies and local governmental units whose activities may be affected, shall cooperate with the state archaeologist and the Indian Affairs Council to carry out the provisions of this section. Subd. 10. Construction and development plan review.When human burials are known or suspected to exist,on public lands or waters,the state or political subdivision controlling the lands or waters or,in the case of private lands, the landowner or developer, shall submit construction and development plans to the state archaeologist for review prior to the time bids are advertised and prior to any disturbance within the burial area. If the known or suspected burials are thought to be Indian,plans shall also be submitted to the Indian Affairs Council.The state archaeologist and the Indian Affairs Council shall review the plans within 30 days of receipt and make recommendations for the preservation in place or removal of the human burials or remains,which may be endangered by construction or development activities. Copyright©2019 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.