08-22-22 Letter from MN Indian Affairs Council

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• 3 MINNESOTA STATUTES 2019 307.08 Subd. 11. Burial sites data.Burial sites locational and related data maintained by the Office of the State Archaeologist and accessible through the office's "Unplatted Burial Sites and Earthworks in Minnesota" website are security information for purposes of section 13.37.Persons who gain access to the data maintained on the site are subject to liability under section 13.08 and the penalty established by section 13.09 if they improperly use or further disseminate the data. Subd. 12. Right of entry.The state archaeologist may enter on property for the purpose of authenticating burial sites. Only after obtaining permission from the property owner or lessee, descendants of persons buried in burial grounds covered by this section may enter the burial grounds for the purpose of conducting religious or commemorative ceremonies.This right of entry must not unreasonably burden property owners or unnecessarily restrict their use of the property. Subd. 13. Definitions.As used in this section,the following terms have the meanings given. (a) "Abandoned cemetery" means a cemetery where the cemetery association has disbanded or the cemetery is neglected and contains marked graves older than 50 years. (b) "Appropriate authority"means: (1)the trustees when the trustees have been legally defined to administer burial grounds; (2)the Indian Affairs Council in the case of Indian burial grounds lacking trustees; (3)the county board in the case of abandoned cemeteries under section 306.243; and (4) the state archaeologist in the case of non-Indian burial grounds lacking trustees or not officially defined as abandoned. (c)"Artifacts"means natural or artificial articles,objects,implements,or other items of archaeological interest. (d)"Authenticate"means to establish the presence of or high potential of human burials or human skeletal remains being located in a discrete area, delimit the boundaries of human burial grounds or graves, and attempt to determine the ethnic,cultural,or religious affiliation of individuals interred. (e) "Burial"means the organic remnants of the human body that were intentionally interred as part of a mortuary process. (f) "Burial ground" means a discrete location that is known to contain or has high potential to contain human remains based on physical evidence,historical records, or reliable informant accounts. (g)"Cemetery"means a discrete location that is known to contain or intended to be used for the interment of human remains. (h) "Disturb" means any activity that significantly harms the physical integrity or setting of a human burial or human burial ground. (i) "Grave goods" means objects or artifacts directly associated with human burials or human burial grounds that were placed as part of a mortuary ritual at the time of interment. (j) "Human remains" means the calcified portion of the human body, not including isolated teeth, or cremated remains deposited in a container or discrete feature. Copyright©2019 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.