02-22-1999 Council Packet - Laserfiche WebLink

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. I 307.08 DAMAGES; ILLEGAL MOLESTATION OF HUMAN REMAINS. 01^ ALS; CEMETERIES; PENALTY. ,=,HhuiiunM Subdivision 1. It is a declaration and statement oflegUlative ^ als and human skeletal remains shall be accorded equal treatment mo r ^ nity without reference to their ethnic origins, cultural At>|cul u The provisions of this section shall apply to all human bunals or hum • found on or in all public or private lands or waters in Minnesota. • Subd. 2. A person who intentionally, willfully, and i> f ^ * lures, disturbs, or removes human skeletd remains or human bunw g.felony. A person who intendonally, willfully, or knowingly removes y tOM PRIVATE CEMETERIES 307nS public or private cemetery or unmarked hunian burial fence, railing, or other work erected for protection or ornament, or any tree, * v.^ Stave goods and ^facb ydthin the liihits of the cenie'tery or burik ground,' au Aority from the trustees, state archaeologist, or Indian affairs mtertn^ Mar^ direha^es any fiKanns upon or over the grouhSs of any public or private cemetery or authenticated and identified Indian burial ground,- is guilty of a gross tnisde* mcwor* . *. ;• Su^ 3. Ev^ authenticated and identified burial ground may be posted for protective piupqses eve^ 75 feet ^und its peri meter with signs listing the activities prohibited by sub^’ • , division 2 and the pcnal^ for violation of it Posting is at the discretion of *e Indian affairs coun^^ the cu^f Indian burials or at the discretion of the state aichaeolo^t in,tiie ciue of •. Subd. 3a. The state archaeologist shall authenticate all burial sites for pulses* of this section and inay enter on property for the purpose of authenticating burial sites. Only after permission from the property owner or lessee, descendants of persons bu- ned m buiiu sites covered by this section may enter the burial sites for the purpose of con- ducung religious ceremonies. This right of entry must not unreasonably, burden property owners or unnecessarily restrict their use pf the property. 4. The state shall retain the services of a qualified professional archaeologist, ap proved by the state archaeologist and the Indian affairs council, for the purpose of gathering in wnnation to authenticate or identify Indian burial grounds when requested by a concerned , scientmc or contemporary Indian ethnic group, when Indian burials are known or suspected to exist on public lands or waters controlled by the state or political subdivision. SuM. 5. The cost of authentication, identification, marking, and rescue of unmarked or emden^ed bunal grounds or burials shall be the responsibility of the state. The data col- lectro by this activity that hu common value for natural resource planning must be proiaded and integrated mto the Minnesota land management information fystein's geographic and suim^ databases according to published data compatibility guidelines. Costs associated with this data dehvjcry must be borne by the state. ••• ^ Subd. 6. The size, description and information on!tbe signs must be approved by the Minnesota sute historical society. • j Z* '•^identified human remains or burials found outside of platted, recorded, ^identined cemeteries and in contexts which indicate antiquity greater than 50 years shall bedrat with according to the provisions of this section. If such burials are not Indian or their ethnic tdenUQr caMotbe aMertained, as determined by the state archaeologist, they shall be ceait •^ith in accordance with provisions established by the state archaeologist. If such buri- aii are Indian, u deterged by the state archaeologist, efforts shall be made by the state ar- V *0 ascertain their tribal identity. If their probable «• . °*'*‘^ned, such remains shall at the discretion of the state archaeblo- irif • j IndiM affairs council, be turned over to contemporary tribal leaders for disposition. archaeologist or the Indian affairs council, such remains, u J ^ 1?*^**!^ j * qualified professional archaeologist before being delivered to the tribal idenuty cannot be determined, the Indian remains must be dealt with in ac- ordance with prosisions established.by the state archaeologist and the Indian affain coun- • • •