08-22-22 Letter from MN Indian Affairs Council

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1 MINNESOTA STATUTES 2019 307.08 307.08 DAMAGES;ILLEGAL MOLESTATION OF HUMAN REMAINS;BURIALS;CEMETERIES; PENALTY; AUTHENTICATION. Subdivision 1. Legislative intent; scope.It is a declaration and statement of legislative intent that all human burials,human remains,and human burial grounds shall be accorded equal treatment and respect for human dignity without reference to their ethnic origins,cultural backgrounds,or religious affiliations.The provisions of this section shall apply to all human burials,human remains, or human burial grounds found on or in all public or private lands or waters in Minnesota. Subd. 2. Felony; gross misdemeanor.(a) A person who intentionally, willfully, and knowingly does any of the following is guilty of a felony: (1)destroys,mutilates,or injures human burials or human burial grounds;or (2)without the consent of the appropriate authority, disturbs human burial grounds or removes human remains. (b) A person who, without the consent of the appropriate authority and the landowner, intentionally, willfully,and knowingly does any of the following is guilty of a gross misdemeanor: (1) removes any tombstone, monument, or structure placed in any public or private cemetery or authenticated human burial ground;or (2)removes any fence,railing, or other work erected for protection or ornament, or any tree, shrub, or plant or grave goods and artifacts within the limits of a public or private cemetery or authenticated human burial ground;or (3)discharges any firearms upon or over the grounds of any public or private cemetery or authenticated burial ground. Subd. 3.Protective posting.Upon the agreement of the appropriate authority and the landowner, an authenticated or recorded human burial ground may be posted for protective purposes every 75 feet around its perimeter with signs listing the activities prohibited by subdivision 2 and the penalty for violation of it. Posting is at the discretion of the Indian affairs council in the case of Indian burials or at the discretion of the state archaeologist in the case of non-Indian burials.This subdivision does not require posting of a burial ground. The size, description, location, and information on the signs used for protective posting must be approved by the appropriate authority and the landowner. Subd. 3a.Authentication.The state archaeologist shall authenticate all burial grounds for purposes of this section. The state archaeologist may retain the services of a qualified professional archaeologist, a qualified physical anthropologist,or other appropriate experts for the purpose of gathering information that the state archaeologist can use to authenticate or identify burial grounds. If probable Indian burial grounds are to be disturbed or probable Indian remains analyzed, the Indian Affairs Council must approve the professional archaeologist, qualified anthropologist, or other appropriate expert. Authentication is at the discretion of the state archaeologist based on the needs identified in this section or upon request by an agency, a landowner, or other appropriate authority. Subd.4. [Repealed by amendment,2007 c 115 s 1] Subd. 5. Cost;use of data.The cost of authentication,recording,surveying,and marking burial grounds and the cost of identification,analysis,rescue,and reburial of human remains on public lands or waters shall be the responsibility of the state or political subdivision controlling the lands or waters.On private lands or Copyright CO 2019 by the Revisor of Statutes,State of Minnesota.All Rights Reserved.