Minnesota Annotations

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  1. Protection of Burials

    1. Acts Prohibited by Law and Subject to Criminal Sanctions

      1. What is the criminal liability for unlawfully excavating human remains or archaeological resources?

        § 138.41 Penalties

        Whoever willfully removes any historical or archaeological object belonging to the state is guilty of a gross misdemeanor.

      2. What is the criminal liability for unlawfully selling or purchasing human remains and funerary objects?

        § 609.53 Receiving Stolen Property

        Any person who receives, possesses, transfers, buys or conceals any stolen property or property obtained by robbery, knowing or having reason to know the property was stolen or obtained by robbery is subject to the penalties for theft.

      3. What is the criminal liability for unlawfully taking or possessing human remains and funerary objects?

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        A person who removes human remains without consent of the appropriate authority is guilty of a felony. To be found guilty, a person must intentionally, willfully, and knowingly commit the act. This law applies to public and private cemeteries.

      4. What is the criminal liability for unlawfully disturbing human remains and funerary objects?

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        A person who destroys, mutilates, or injures human burials or human burial grounds without consent of the appropriate authority is guilty of a felony. To be found guilty, a person must intentionally, willfully, and knowingly commit the act. This law applies to public and private cemeteries.

      5. What is the criminal liability for defacing or destroying historical or archaeological sites?

        § 138.41 Penalties

        Whoever willfully defaces, injures, or destroys any historical or archaeological object or data belonging to the state, or willfully interferes with evidence or work on any state site or other site for which a license has been issued is guilty of a gross misdemeanor.

      6. What is the criminal liability for unlawfully reproducing historic or archaeological artifacts?

        § 333.42 Counterfeiting Or Dealing In Counterfeits; How Punished

        Minnesota does not have specific laws relating to unlawful reproductions of historic or archaeological artifacts, but the general counterfeiting laws provide that any person who knowingly makes, sells, intends to sell counterfeit objects shall be punished by imprisonment in the county jail for not more than three months, or by a fine of not more than $100.

      7. What is the criminal liability for unlawfully destroying tombs, monuments, or gravestones?

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        A person who intentionally, willfully, and knowingly destroys, mutilates, or injures human burials or human burial grounds is guilty of a felony.

      8. What is the criminal liability for unlawfully taking or possessing monuments or gravestones?

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        A person who removes any tombstone, monument, or structure in a public or private cemetery is guilty of a gross misdemeanor. To be found guilty, a person must intentionally, willfully, and knowingly commit the act.

      9. What is the criminal liability for destroying or damaging petroglyphs and cave surfaces?

        § 138.41 Penalties

        Whoever willfully defaces, injures, or destroys any historical or archaeological object or data belonging to the state, or willfully interferes with evidence or work on any state site or other site for which a license has been issued is guilty of a gross misdemeanor.

      10. What is the criminal liability for removing or damaging headstones?

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        A person who removes any tombstone, monument, or structure in a public or private cemetery is guilty of a gross misdemeanor. To be found guilty, a person must intentionally, willfully, and knowingly commit the act.

      11. What are the general state criminal laws for abuse of corpse?

        § 609.502 Interference With Dead Body; Reporting

        A person in charge of a cemetery who has knowledge that the body of a deceased person interred in the cemetery has been unlawfully removed shall: immediately report the occurrence to local law enforcement authorities, and inform the next of kin of the deceased person, if known, within three business days of the discovery of the body's removal unless the person making the report has been instructed in writing by law enforcement authorities that informing the next of kin would compromise an active law enforcement investigation. A person who does not complete of these actions is guilty of a misdemeanor.

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        A person who intentionally, willfully, and knowingly destroys, mutilates, or injures human burials or human burial grounds is guilty of a felony.

      12. What are the general state criminal laws for theft?

        § 609.52 Theft

        A person is guilty of theft if he intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of the property.

        The penalty for theft depends on the value of the stolen property. If the value of the property exceeds $5,000, the sentence is imprisonment for no more than ten years and/or the payment of a fine not more than $20,000. If the value of the property is between $1,000 and $5,000, the sentence is imprisonment for no more than five years and/or a payment of a fine of not more than $10,000. This sentence also applies if the value of the property is under $1,000 but the property was taken from a corpse, grave, or coffin. There are lesser penalties for theft of property with a value of under $1,000 from non-burial sites.

      13. What are the general state criminal laws for receiving stolen property?

        § 609.53 Receiving Stolen Property

        Any person who receives stolen property is subject to the same penalties as a person guilty of theft.

      14. What are the general state criminal laws for unlawful trespass?

        § 609.605 Trespass

        A person is guilty of a misdemeanor if the person intentionally enters or is found on the premises of a public or private cemetery without authorization during hours the cemetery is posted as closed to the public.

      15. What are the general state criminal laws for mischief?

        § 609.72 Disorderly Conduct

        It is a misdemeanor to engage in brawling, fighting or offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.

        § 609.74 Public Nuisance

        It is a misdemeanor to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of any considerable number of members of the public. It is a misdemeanor to interfere with, obstruct, or render dangerous for passage, any public highway or right-of-way, or waters used by the public or commit any other act declared by law to be a public nuisance and for which no sentence is specifically provided.

      16. What are the general state criminal laws for damage to property?

        § 609.595 Damage to Property

        Criminal damage to property is in the first degree if the damage was caused intentionally to physical property of another without consent and the damage to the property caused a reasonably foreseeable risk of bodily harm; or the property damaged belongs to a common carrier and the damage impairs the service to the public rendered by the carrier; or the damage reduces the value of the property by more than $1,000 measured by the cost of repair and replacement; or the damage reduces the value of the property by more than $500 measured by the cost of repair and replacement and the defendant has been convicted within the preceding three years of criminal damage to property in the first, second, or third degree. The punishment is imprisonment for not more than five years and/or the payment of a fine not more than $10,000.

        Criminal damage to property is in the third degree if the damage was caused intentionally to physical property of another without consent and the damage reduces the value of the property by more than $500 but not more than $1,000 as measured by the cost of repair and replacement. The punishment is imprisonment for not more than one year and/or the payment of a fine of not more than $3,000.

        Criminal damage to property in the second degree is the same as criminal damage to property in the third degree, with the addition that the person causing damage does so because of the property owner's or another's actual or perceived race, color, religion, sex, sexual orientation, disability, age, or national origin. The punishment is imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both.

        Criminal damage to property in the fourth degree is any other intentional damage to property, and is a misdemeanor.

      17. What are the general state criminal laws for hate crimes?

        Outfront Minnesota

        Minnesota does not have a specific hate crimes law, however some crimes, such as § 609.595 Damage to Propertyhave stronger punishments for crimes motivated by race, color, religion, sex, sexual orientation, disability, age, or national origin.

    2. Acts Prohibited by Law and Subject to Civil or Administrative Sanctions

      1. How is the excavation of historical and archaeological resources restricted in this state?

        § 138.33 Unlicensed Field Archaeology Prohibited

        No person, including state or other public employees other than the state archaeologist and individuals duly licensed by the director of the Minnesota Historical Society shall engage in any field archaeology on any state site.

        § 138.36 Licenses

        The director of the historical society or the state archaeologist may revoke or suspend a license to engage in field archaeology on a specific state site because of the improper conduct of the licensee, the use of improper or substandard methods, or other good cause.

      2. How is the collection or removal of historical and archaeological resources restricted in this state?

        § 138.37 Ownership, Custody And Use Of Objects And Data

        In general, the state reserves to itself the title to all objects found and data gathered in field archaeology. Although a license may name a custodian other than the state archaeologist, title to the objects and data nevertheless is reserved to the state, and physical possession of them reverts to the state if the custodian named ceases to exist, or if the state archaeologist finds that the custodian is not properly caring for them or keeping them conveniently available for study by students of archaeology.

        If the best interests of this state are deemed served thereby, the state archaeologist, with the approval of the director of the historical society, may barter one or more objects belonging to this state for one or more objects belonging to another state, a private person, or any school, scientific institution, or other body having title thereto; and the state archaeologist, with the approval of the director of the historical society, may dispose of one or more objects belonging to this state. The state archaeologist and director of the Minnesota Historical Society may accept on behalf of the state any gift of an object, of data, or of any deed to a privately owned site if they deem the gift valuable to the state.

      3. What specific laws restrict the alienation or use of historical burial places?

        This information can not be located at this time.

    3. Time Limits for Bringing Criminal Action

      1. What time limits govern the initiation of a criminal action related to the protection of burials?

        § 541.01 Application to State and Other States; Exceptions.

        No occupant of the land of a public or private cemetery shall acquire any title to the cemetery land by reason of the occupancy.

        § 628.26 Limitations

        In thefts where the value of property or services stolen exceeds $35,000, a criminal action must be initiated within five years of the commission of the offense. For all other crimes related to the protection of burials, a criminal action must be initiated within three years of the commission of the offense.

    4. Time Limits for Bringing Civil Action

      1. What time limits govern the initiation of a civil action related to the protection of burials by the state, local authority, or a private party?

        § 541.05 Various Cases, Six Years

        Minnesota does not have any specific laws relating to time limits on civil actions relating to burials, but the general statute of limitations for most torts, including trespass on real estate, or taking, detaining, or injuring personal property, including actions for the specific recovery thereof is six years.

  2. Sanctions

    1. Criminal

      1. What are the general criminal fines and penalties for misdemeanors and felonies in the state?

        § 609.03 Punishment When Not Otherwise Fixed

        If a person is convicted of a crime for which no punishment is otherwise provided the person may be sentenced according to the following guidelines. If the crime is a felony, a person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. If the crime is a gross misdemeanor, a person may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both. If the crime is a misdemeanor, a person may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both. If the crime is other than a misdemeanor and a fine is imposed but the amount is not specified, a person may be required to pay a fine of not more than $1,000, or to imprisonment for a specified term of not more than six months if the fine is not paid.

        ii. What are the class designations for misdemeanors and felonies in the state?

        § 609.02 Definitions

        A misdemeanor is a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed. A felony is a crime for which a sentence of imprisonment for more than one year may be imposed.

    2. Civil or Administrative

      1. What are the civil sanctions related to burial protection in the state?

        This information can not be located at this time.

      2. What are the administrative sanctions related to burial protection in the state?

        This information can not be located at this time.

  3. Preservation of Burials and Compliance Therewith

    1. Laws Related to Preservation of Burials

      1. How are future interests in property involving burials subject to the rule against perpetuities?

        § 307.05 Gifts For Proprietary Care Of Lots

        Gifts, grants and bequests of personal property in trust for the purpose of care and maintenance of private cemeteries and structures within the cemeteries are permitted. They shall not been deemed invalid as violating any existing law against perpetuities.

      2. How can the state exercise eminent domain over a cemetery or historic property?

        § 117.012 Preemption; Public Use Or Purpose

        Eminent domain may only be used for a public use or public purpose.

        § 306.05 Land Acquired for Cemetery Purposes

        When a cemetery corporation desires to enlarge its cemetery and cannot agree with the owners of the land desired for the cemetery, the land may be acquired under the power of eminent domain.

        § 365.28 Public Burial Ground Is Town's After Ten Years

        A tract of land in a town becomes town property after it has been used as a public burial ground for ten years if the tract is not owned by a cemetery association. The town board shall control the burial ground as it controls other town cemeteries. A town that has accepted responsibility for an abandoned cemetery may prohibit further burials in the abandoned cemetery, and may cease all acceptance of responsibility for new burials.

      3. How are conservation and preservation easements created in this state?

        § 84C.02 Creation, Conveyance, Acceptance, And Duration

        A conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. A conservation easement is unlimited in duration unless the instrument creating it otherwise provides. An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.

      4. How does the state create authorized right of way through cemetery property?

        § 306.14 Taxes; Roads; Special Assessments

        No road or street shall be laid through a public cemetery, or any part of the lands of the cemetery association without the consent of the trustees.

      5. How are the transfer of cemetery lots and the disposition of cemetery land regulated?

        § 525.14 Descent of Cemetery Lot

        A cemetery lot or burial plot shall descend free of all debts to the surviving spouse of the decedent as a life estate with right of interment of the spouse therein, and remainder over to the person who would be entitled to the fee if there were no spouse, provided, however, if no person entitled to the remainder of the fee survives, then the entire fee to the surviving spouse with right of interment therein. If there is no surviving spouse, then to the decedent's eldest surviving child. If there is no surviving child, then to the decedent's youngest surviving sibling. If there is no surviving spouse, child or sibling of the decedent, then, if not sold during administration of decedent's estate, to the cemetery association or private cemetery in trust as a burial lot for the decedent and such of the decedent's relatives as the governing body thereof shall deem proper.

        The cemetery association or private cemetery, or, with its consent, any person to whom the lot shall descend may grant and convey the lot to any of the decedent's parents, siblings or descendants. A crypt or group of crypts or burial vaults owned by one person in a public or community mausoleum shall be deemed a cemetery lot. Grave markers, monuments, memorials and all structures lawfully installed or erected on any cemetery lot or burial plot shall be deemed to be a part of and shall descend with the lot or plot.

        § 306.29 Disposal of Lots by Owners

        An owner of a cemetery lot may dispose of the lot by will to a relative who may be a survivor, or to the cemetery association or private cemetery in trust for the use and benefit of any person designated in the will. However, no lot may be affected by a will unless the lot is specifically mentioned in the will and limited by it to one particular person. An owner of a cemetery lot may, while living, convey the lot to the cemetery association or the private cemetery in trust for the use and benefit of a person named in the trust conveyance. The conveyance may contain conditions, provisions, and covenants as the parties agree upon.

      6. How will the state regulate or sell unsuitable or condemned cemetery property?

        § 306.28 Property Sales By Public Cemetery Associations

        A public cemetery association may sell and convey cemetery land as long as there are no remains buried in the cemetery.

        § 306.63 Sale of Certain Real Estate

        Any cemetery corporation incorporated under state law before April 19, 1911, may sell and convey, for other than burial or cemetery purposes, any real estate lawfully acquired by it that is not suitable for cemetery purposes and that has not been platted for those purposes.

      7. What is the procedure for abandoning burial grounds or cemetery lots?

        § 365.28 Public Burial Ground Is Town's After Ten Years

        A tract of land in a town becomes town property after it has been used as a public burial ground for ten years if the tract is not owned by a cemetery association. The town board shall control the burial ground as it controls other town cemeteries. A town that has accepted responsibility for an abandoned cemetery may prohibit further burials in the abandoned cemetery, and may cease all acceptance of responsibility for new burials.

        § 306.21 Upkeep of Lots; Abandonment

        If a cemetery association has owned the site of a cemetery and has lots designated for burial purposes that are unused, and during that time appear to be abandoned, as shown by not keeping the lots free of weeds or brush, the grantees of the lots must file a written notice of claim to the lots or keep the lots clear of weeds and in a condition in harmony with other adjoining lots.

        § 306.22 Action to Quiet Title

        If parties fail to conform with the requirements of § 306.21, which states that they must file a written notice of claim and keep their cemetery lots in good condition, the rights of the parties can be considered abandoned. A cemetery corporation can then bring an action in district court against the parties in default, to have their rights terminated and the property restored to the corporation.

        § 306.23 Evidence of Abandonment

        To determine if an action can be brought under § 306.22, evidence of abandonment must be shown. To show abandonment, the corporation must prove that the grantee or holder has not used portions of the lots or parcels for burial purposes for a certain period of time, and during that time has not made any provision for the care of the lots beyond that provided uniformly to all lots within the cemetery, and during that time has not given to the corporation a written notice of claim or interest in the lots or parcels, or that the party has, for a term of 20 years or more, not used the plot or definite parts of it and has failed to keep the lot or parts of it clear of weeds or brush.

      8. What is the procedure for removing or replacing headstones?

        There is no specific law relating to lawfully removing or replacing headstones.

      9. How will the state preserve historical or archaeological resources including human remains, burial places, and funerary objects threatened by public construction or public works?

        § 138.51 Policy

        It is in the public interest to provide for the preservation of historic sites, buildings, structures, and antiquities of state and national significance for the inspiration, use, and benefit of the people of the state.

        § 138.665 Duties of the State in Regard to Historic Properties

        The state has a responsibility to protect the physical features and historic character of the historical properties designated by the state. Before carrying out any undertaking that will affect designated or listed properties, the state department or agency shall consult with the Minnesota Historical Society 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.

        § 306.141 Relocation

        A cemetery may not be relocated without consent of the trustees.

      10. What are the procedures for excavating or removing remains or archaeological resources on public lands?

        § 138.35 State Archaeologist

        The state archaeologist has the duty to retrieve and protect objects of archaeological significance discovered by field archaeology on state sites or discovered during the course of any public construction or demolition work and, to the extent possible, those discovered during the course of any other construction or demolition work.

      11. What are the procedures for excavating or removing remains or archaeological resources on private lands?

        § 138.35 State Archaeologist

        The state archaeologist must protect to the extent possible and encourage the preservation of archaeological sites located on privately owned property.

      12. What are the procedures for discoveries of human remains and artifacts of cultural significance?

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        All unidentified human remains or burials that appear to be older than 50 years shall be examined by the state archaeologist. If the remains are not Indian, or their ethnic identity can not be determined, the state archaeologist shall establish the provisions to deal with the remains. If the burials are Indian, 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.

        § 390.25 Unidentified Deceased Persons

        The coroner or medical examiner shall make reasonable attempts to identify the deceased person promptly. These actions may include obtaining: photographs of the body; fingerprints from the body, if possible; formal dental examination by a dentist with forensic training, with charting and radiographs; full body radiographs; specimens such as tissue, blood, bone, teeth, and/or hair, suitable for DNA analysis or other identification techniques; blood type; photographs of items such as clothing and property found on and with the body; and anthropological determination of age, race, sex, and stature, if appropriate. All of these actions shall be taken prior to the disposition of any unidentified deceased person.

        After the coroner or medical examiner has completed the investigation, the coroner or medical examiner shall notify the state archaeologist of all unidentified human remains found outside of platted, recorded, or identified cemeteries that appear to be older than fifty years.

      13. What are the procedures for the removal and re-interment of human remains from cemeteries?

        § 149A.96 Disinterment and Reinterment

        No dead human body or human remains shall be disinterred and reinterred without the written authorization of the person or persons legally entitled to control the body or remains and a disinterment-reinterment permit properly issued by the commissioner or a licensed mortician.

        § 306.155 Correction of Interment Errors

        If the operator of a cemetery gains knowledge that remains have been interred in the wrong burial space, the cemetery bears the cost of reinterring the remains in the correct burial space.

      14. How does the state regulate the opening and construction of highways through burial grounds or cemeteries?

        § 306.14 Taxes; Roads; Special Assessments

        No road or street shall be laid through a public cemetery, or any part of the lands of the cemetery association without the consent of the trustees.

      15. How does the state identify, preserve and control Native American sacred sites?

        § 86A.05 Classification and Purposes

        Minnesota does not have any specific provisions relating to Native American sacred sites, but does include them on the register of historical sites if they meet the criteria to be included. State historic sites are established to preserve, restore, and interpret buildings and other structures, locales, sites, antiquities, and related lands which aptly illustrate significant events, personalities, and features of the history and archaeology of the state or nation. State historic sites must be historically important, which means they must be the site of or directly associated with a significant historical event, associated with people whose lives and accomplishments are historically unique or important, embody distinctive characteristics of an architectural style or method of construction which represents a particular and significant historical period, or the work of a master builder, designer, or architect, have yielded or are likely to yield historical or archaeological artifacts, records, or other original data or information, or are geographical features of outstanding significance.

      16. How does the state preserve historical lands from surface mining?

        § 138.51 Policy

        This information can not be found at this time, however, it is in the public interest to provide for the preservation of historic sites, buildings, structures, and antiquities of state and national significance for the inspiration, use, and benefit of the people of the state. Therefore, it is likely that the state archaeologist and state historical society will preserve historical lands from surface mining as part of their preservation duties.

      17. What are the procedures for the exploration of submerged graves and underwater sites?

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        There are no specific provisions related to the exploration of submerged graves or underwater sites, but all provisions of the burial laws apply equally on public or private lands or waters in Minnesota.

      18. What are the procedures for transferring land and property containing historic or cultural resources?

        Information about transferring land and property containing historic or cultural resources specifically can not be found at this time.

      19. What public health regulations exist for the removal and burial of human remains?

        § 149A.90 Death; Registration and Removal From Place of Death

        Every individual removing a dead human body from the place of death shall use universal precautions and otherwise exercise all reasonable precautions to minimize the risk of transmitting any communicable disease from the body. Before removal, the body shall be wrapped in a sheet or pouch that is impervious to liquids, covered in such a manner that the body cannot be viewed, and placed on a regulation ambulance cot or on an aircraft ambulance stretcher.

        The funeral establishment to which a dead human body is taken shall have an appropriate holding facility for storing the body while awaiting final disposition. The holding facility must be secure from access by anyone except the authorized personnel of the funeral establishment, preserve the dignity of the remains, and protect the health and safety of the funeral establishment personnel.

        § 149A.93 Transportation of Dead Human Bodies

        After removal from the place of death to any location where the body is held awaiting final disposition, further transportation of the body shall require a certificate of removal. The certificate of removal shall contain the information required in the format as furnished by the commissioner.

      20. How is environmental impact measured for historic and archeological resources?

        § 138.51 Policy

        This information can not be found at this time, however, it is in the public interest to provide for the preservation of historic sites, buildings, structures, and antiquities of state and national significance for the inspiration, use, and benefit of the people of the state. It is likely that the Minnesota Historical Society will balance the public interest when measuring the environmental impact.

    2. Activities Affecting Burials which Require State or Local Government Compliance

      1. What activities affecting burials require state or local government compliance?

        This information can not be located at this time.

    3. Rules, Regulation, and Ordinances Governing Burial-Related Activities

      1. What state regulations relate to non-governmental burial-related activities?

        This information can not be located at this time.

      2. What state regulations relate to non-governmental burial-related activities?

        This information can not be located at this time.

  4. Decision-Making

    1. Authorities Empowered to Make Decisions Affecting Burials

      1. How is a cemetery association formed in this state?

        § 306.02 Cemetery Corporations Or Associations

        A cemetery corporation or association may be formed by three or more persons, who shall execute and verify the certificate or articles of incorporation as required in the matter of the formation of other corporations. The certificate of incorporation shall be recorded in the office of the county recorder of the county where the cemetery is located and upon filing, the association is a corporation.

      2. Who has the right to conduct archaeological field excavations?

        § 138.33 Unlicensed Field Archaeology Prohibited

        No person, including state or other public employees other than the state archaeologist and individuals duly licensed by the director of the Minnesota Historical Society shall engage in any field archaeology on any state site.

        § 138.36 Licenses

        The director of the Minnesota Historical Society, acting as an agent of the state, may issue a license to a qualified person approved by the state archaeologist to engage in field archaeology on a specified state site. The director of the Minnesota Historical Society may also issue a license to a qualified person, either in connection with the right to engage in field archaeology on a specified site, or alone, to engage in purely preliminary or exploratory activities in a specified area where a site is thought to exist. If a state site or an area to be described in a license is under the jurisdiction of any other agency of the state, or, if the field archaeology to be licensed may interfere with a project of any other agency, the applicant for a permit shall obtain the approval of that agency. The attorney general upon recommendation of the director of the historical society may apply to the district court for injunctive relief to restrain activities which in the director's opinion may damage historical or archaeological sites on public lands or waters.

      3. Who has custody rights of discovered human remains?

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        All unidentified human remains or burials that appear to be older than 50 years shall be examined by the state archaeologist. If the remains are not Indian, or their ethnic identity can not be determined, the state archaeologist shall establish the provisions to deal with the remains. If the burials are Indian, 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.

      4. Who has the ownership rights of archaeological specimens or objects of cultural significance?

        § 138.37 Ownership, Custody and Use of Objects and Data

        The state reserves to itself the title to all objects found and data gathered in field archaeology. Although a license may name a custodian other than the state archaeologist, title to the objects and data nevertheless is reserved to the state, and physical possession of them reverts to the state if the custodian named ceases to exist, or if the state archaeologist finds that the custodian is not properly caring for them or keeping them conveniently available for study by students of archaeology.

      5. What rights do nonresidents of the state maintain?

        This information can not be located at this time.

      6. What has the authority to enforce criminal or unlawful actions regarding human remains and cultural resources?

        § 138.41 Penalties

        Whoever willfully performs unlicensed field archaeology on a state site, or willfully defaces, injures, destroys, displaces, or removes any object or data belonging to the state, or willfully interferes with evidence or work on any state site or other site for which a license has been issued, or willfully violates any other provision of the Minnesota Field Archaeology Act of 1963, or the rules adopted by the commissioner is guilty of a gross misdemeanor.

        The director of the Minnesota Historical Society may suspend or revoke the license of any licensee, or refuse another license, or initially refuse a license to any person who has violated a provision of Minnesota Field Archaeology Act of 1963, whether the violation is willful or not. Also, the director may refuse to name a school or a scientific institution as the custodian of objects or data under any license or agreement whatever, if that school or scientific institution has failed in its duty to care for and preserve objects or data belonging to the state or has failed to make such objects or data conveniently available to students of archaeology.

        § 307.082 Civil Actions

        An action under this section may be maintained by the attorney general; a state agency or political subdivision; an individual residing within this state; or a partnership, corporation, association, company, or other entity with shareholders, members, partners, or employees residing within this state.

        These people may maintain a civil action seeking a temporary or permanent injunction, damages, or other appropriate relief against a person who is alleged to have committed a felony or gross misdemeanor related to burials. The action must be brought within two years after the alleged violation is discovered and reported to the state archaeologist or the Indian affairs council. The action must be filed in either the district court of the county in which the subject burial ground is located or in which the defendant resides.

      7. Who has dominion and control of state historic or archaeological resources?

        § 138.32 Legislative Intent

        The state of Minnesota reserves to itself the exclusive right and privilege of field archaeology on state sites, in order to protect and preserve archaeological and scientific information, matter, and objects. Field archaeology on privately owned lands should be discouraged except in accordance with the Minnesota Field Archaeology Act of 1963 and persons having knowledge of the location of archaeological sites are encouraged to communicate such information to the state archaeologist.

        § 138.35 State Archaeologist

        The duties of the state archaeologist shall include sponsoring, engaging in, and direct fundamental research into the archaeology of Minnesota, and to encourage archaeological research and investigation undertaken within Minnesota.

      8. Who sits on the state historical commission, and how are these members appointed?

        Minnesota Historical Society Governing Board

        This information can not be found at this time. The Minnesota Historical Society is the state agency that preserves historic sites and resources for the public good.

      9. Who sits on the state historic preservation board and for how long?

        Minnesota Historical Society Governing Board

        This information can not be found at this time. The Minnesota Historical Society is the state agency that preserves historic sites and resources for the public good.

    2. Scope of Authority

      1. What powers and responsibilities are delegated to cemetery associations in this state?

        § 306.02 Cemetery Corporations or Associations

        A corporation or association may be formed to procure and hold or sell lands or lots exclusively for the purpose of a public cemetery, to acquire and manage all real and personal property necessary or proper to establish, embellish, care for, and manage a cemetery, and may construct and operate on that property a crematory and other proper means of disposing of the dead, and to sell and convey cemetery lots or sell and convey real or personal property acquired by it but not needed for cemetery purposes.

      2. How are cemetery sales records to be kept?

        § 306.03 Actuary; Records; Reports

        Every cemetery corporation or owner shall appoint an actuary. The actuary shall keep a register of burials, entering the date of burial, entombment, or cremation and the name, age, sex, nativity, and cause of death of every person interred or cremated in the cemetery.

        § 306.17 Records of Association

        All notices and all resolutions adopted by the board of trustees of the association or public cemetery shall be made a part of the records of the association or public cemetery. When the deed or conveyance from the association or public cemetery to the lot owner appears in the record in the registry of deeds of the county, a copy of the resolution, certified to the secretary of the cemetery association or public cemetery, and a copy of the printed notice with the sheriff's return, shall be placed in the records of the registry of deeds.

      3. What power does the state have to acquire or purchase property of historic or archaeological significance?

        § 138.37 Ownership, Custody and Use of Objects and Data

        If the best interests of this state are deemed served thereby, the state archaeologist, with the approval of the director of the historical society, may barter one or more objects belonging to this state for one or more objects belonging to another state, a private person, or any school, scientific institution, or other body having title thereto; and the state archaeologist, with the approval of the director of the historical society, may dispose of one or more objects belonging to this state. The state archaeologist and director of the Minnesota Historical Society may accept on behalf of the state any gift of an object, of data, or of any deed to a privately owned site if they deem the gift valuable to the state under the Minnesota Field Archaeology Act of 1963; they may also accept any gift of money to be used for one or more of the purposes covered by Minnesota Field Archaeology Act of 1963, but shall be held strictly accountable to the state for the use made of any such gift of money.

      4. How does the state manage park and historical sites?

        State Historic Preservation Office

        The park and historical sites in Minnesota are managed by the Minnesota Historical Society.

      5. What are the powers of municipal and county governments regarding park and historical sites?

        § 138.40 Cooperation of State Agencies; Development Plans

        State and other governmental agencies shall comply with and aid in the enforcement of Minnesota Field Archaeology Act of 1963. Conservation officers and other enforcement officers of the Department of Natural Resources shall enforce the Minnesota Field Archaeology Act of 1963 and report violations to the director of the society. When archaeological or historic sites are known or, based on scientific investigations are predicted to exist on public lands or waters, the agency or department controlling said lands or waters shall use the professional services of archaeologists from the University of Minnesota, Minnesota Historical Society, or other qualified professional archaeologists, to preserve these sites. In the event that archaeological excavation is required to protect or preserve these sites, state and other governmental agencies may use their funds for such activities.

      6. How do county and municipal governments oversee cemetery property?

        § 306.02 Cemetery Corporations or Associations

        Cemetery land and property or a public burial ground owned or controlled by a town, statutory or home rule charter city, or county may be transferred by deed or otherwise to an existing cemetery association or corporation or one formed under this chapter. The transfer may be with or without condition, as determined by the town, statutory or home rule charter city, or county. The town, statutory or home rule charter city, or county may, as a part of the transaction, enter into a contract or agreement with the cemetery association to provide for the management and maintenance of the cemetery, for the sale of lots or land in the cemetery, and for those other matters concerning the care and control of the cemetery as the town, statutory or home rule charter city, or county considers advisable.

        § 306.025 Transfer of Cemetery to Local Government Unit

        A public cemetery association owning a cemetery may transfer it to a county or municipal government in which the cemetery is located, together with all the funds and property of the association. The county or municipality may accept a transfer of the cemetery and of its property and funds, and may continue to operate, maintain, manage, and conduct the cemetery, and to sell lots and provide for the burial of the dead in the cemetery. Funds received from the cemetery association upon transfer shall be administered by the county or municipality for the same purposes and upon the same trusts for which they were originally established.

        After the transfer has been made and accepted by the county or municipality, it shall operate, maintain, conduct, control, and manage the transferred cemetery. For that purpose it may appoint a committee of the governing body.

      7. What are the powers and duties of the state historical commission?

        § 138.035 State Historical Society Authorized to Support the Science Museum of Minnesota

        The State Historical Society is authorized to enter into an agreement or agreements with the Science Museum of Minnesota whereby the State Historical Society shall make payments to such museum to support and expand its programs and to develop an extension program to bring the facilities of such museum to schools throughout the state. Such agreement or agreements shall provide for the time, amount and method of such payments.

        § 138.081 Federal Funds, Acts

        The Executive Council of the Minnesota Historical Society is hereby designated the state agency with power to accept any and all money provided for or made available to this state by the United States of America. It is also authorized to do the things required of this in order to obtain such federal money.

        The director of the Minnesota Historical Society shall be responsible for the preparation, implementation and administration of the State Historic Preservation Plan and the Federal Historic Preservation Act and shall be the state liaison with the National Heritage Program. The director of the Minnesota Historical Society shall review and approve in writing all grants-in-aid for architectural, archaeological and historic preservation made by state agencies and funded by the state or a combination of state and federal funds in accordance with the State Historic Preservation Plan.

        The Minnesota Historical Society is designated as the state agency to administer the provisions of the federal act providing for the preservation of historical and archaeological data.

        § 138.36 Licenses

        The director of the Minnesota Historical Society, acting as an agent of the state, may issue a license to a qualified person approved by the state archaeologist to engage in field archaeology on a specified state site. The director of the Minnesota Historical Society may also issue a license to a qualified person, either in connection with the right to engage in field archaeology on a specified site, or alone, to engage in purely preliminary or exploratory activities in a specified area where a site is thought to exist.

      8. How does the state historical commission register or include historical property?

        § 86A.05 Classification and Purposes

        State historic sites shall be established to preserve, restore, and interpret buildings and other structures, locales, sites, antiquities, and related lands which aptly illustrate significant events, personalities, and features of the history and archaeology of the state or nation. State historic sites must be historically important, which means they must be the site of or directly associated with a significant historical event, associated with people whose lives and accomplishments are historically unique or important, embody distinctive characteristics of an architectural style or method of construction which represents a particular and significant historical period, or the work of a master builder, designer, or architect, have yielded or are likely to yield historical or archaeological artifacts, records, or other original data or information, or are geographical features of outstanding significance.

        State historic sites shall be administered by the commissioner of natural resources, the Minnesota Historical Society, the Board of Regents of the University of Minnesota, governmental subdivisions of the state, or by county historical societies. These sites must be maintained and, if necessary, restored to commemorate or illustrate their historical importance. Ancient features of significance shall be protected from disturbance until archaeological research has been completed. Interpretive programs for visitors shall be provided including, where practicable, interpretation of research programs under supervised conditions. Recreational use of natural features shall be permitted only where this can be accomplished without detriment to historical values. Physical development shall be limited to those facilities necessary to achieve the management and use objectives.

        § 138.586 County Boards May Acquire Historic Sites

        The board of county commissioners of any county is hereby authorized to acquire and maintain tracts of land within the county which are designated as having historical or archaeological significance and whose acquisition and maintenance are approved by the Minnesota Historical Society and to aid in the construction of markers on such lands.

        § 138.661 State Historic Site Network

        The Minnesota Historical Society shall exercise the administration and control of the state historic sites, preserve their historic features, conduct archaeological investigations, establish necessary interpretive centers, and perform additional duties and services at the sites necessary to meet their educational mission. Ownership of the properties is either by the state or the Minnesota Historical Society. The Minnesota Historical Society may contract with existing state departments and agencies for materials and services, including utility services, necessary for the administration and maintenance of the sites.

      9. What are the powers and duties of the state archaeological commission?

        § 138.35 State Archaeologist

        The state archaeologist has the following duties: to sponsor, engage in, and direct fundamental research into the archaeology of this state and to encourage and coordinate archaeological research and investigation undertaken within the state; to cooperate with other agencies of the state which may have authority in areas where state sites are located, or which may have the responsibility for marking state sites, or arranging for their being viewed by the public; to protect to the extent possible and to encourage the preservation of archaeological sites located on privately owned property; to retrieve and protect objects of archaeological significance discovered by field archaeology on state sites or discovered during the course of any public construction or demolition work and, to the extent possible, those discovered during the course of any other construction or demolition work; to obtain for the state other objects of archaeological significance, and data relating thereto; to cooperate with the historical society, the university, and other custodians to preserve objects of archaeological significance, together with the data relating thereto; to disseminate archaeological facts through the publication of reports of archaeological research conducted within the state; to approve licensing of qualified professional archaeologists to engage in field archaeology on state sites; and to otherwise carry out and enforce the Minnesota Field Archaeology laws.

        § 138.38 Reports of the State Archaeologist

        The state archaeologist shall consult with and keep the Indian Affairs Council and the director of the historical society informed as to significant field archaeology, projected or in progress, and as to significant discoveries made. Annually, and also upon leaving office, the state archaeologist shall file with the commissioner a full report of the office's activities including a summary of the activities of licensees, from the date of the last full report of the state archaeologist. Copies of the report must be sent upon completion to the Minnesota Historical Society and the Indian Affairs Council, and made available to other interested parties.

      10. How is the rehabilitation and preservation of historic property conducted?

        § 138.661 State Historic Site Network

        The Minnesota Historical Society shall exercise the administration and control of Minnesota historic sites, preserve their historic features, conduct archaeological investigations, establish necessary interpretive centers, and perform additional duties and services at the sites necessary to meet their educational mission.

      11. What specific historic or cultural properties are regulated by the state’s historical commission?

        § 138.57 State Historic Sites; Registry; Federally Owned Lands

        Flat Lake Mounds, Eagle Mountain, Red Pipestone Quarries, Grand Portage, Duluth Ship Canal, Minnesota Point Lighthouse, Taliaferro's Indian Agency, Brown County Post Office, and Height of Land Portage.

        § 138.581 State Historic Sites; Registry; Lands Owned By Governmental Units Outside the State

        The Canadian National Depot.

        § 138.585 State Monuments

        Captain John S. Marsh State Monument, Eliza Miller State Monument, Ness Lutheran Cemetery State Monument, Lundborg-Broberg State Monument, Defenders' State Monument, Camp Release State Monument, Birch Coulee State Monument, Fort Ridgely State Monument, Hinckley Fire State Monument, Guri Endreson Rosseland State Monument, Chief White Cloud State Monument, Acton State Monument, Jackson State Monument, Joseph R. Brown State Monument, Wood Lake State Monument, Chief Mouzoomaunee State Monument, Brook Park State Monument, Schwandt State Monument, Lake Shetek State Monument, William Colvill State Monument, Milford State Monument, Moose Lake State Monument, Samuel J. Brown State Monument, Count Beltrami State Monument, Chief Sleepy Eyes State Monument, Sioux Indians State Monument, Traverse des Sioux State Monument, Governor Floyd B. Olson State Monument, Monument to the Living, and Native American Monument.

        § 138.662 Historic Sites

        Alexander Ramsey House, Birch Coulee Battlefield, Bourassa's Fur Post, Camp Coldwater, Charles A. Lindbergh House, Folsom House, Forest History Center, Fort Renville, Fort Ridgely, Grand Mound, Harkin Store, Historic Fort Snelling, Itasca Headwaters, James J. Hill House, Jeffers Petroglyphs, Lac Qui Parle Mission, Lower Sioux Agency, Marine Mill, Meighen Store, Mille Lacs Indian Museum, Minnehaha Depot, Minnesota State Capitol, Morrison Mounds, North West Company Fur Post, Oliver H. Kelley Farm, Solomon G. Comstock House, Split Rock Lighthouse, Stumne Mounds, Trail Along Railroad Right-Of-Way, Traverse des Sioux, Upper Sioux Agency, and William G. Le Duc House, and William W. Mayo House.

        § 138.664 Historic Places

        1848 Convention Site, Administration Building 10, Aerial Lift Bridge, Alexander Faribault House, Andrew J. Volstead House, August Schell Brewing Company, Battle Point, Blue Mound, Bradbury Homestead, Brooklyn Farm (Earle Brown Farm), Browns Valley Site, Buffalo Ridge, Burbank Livingston Griggs House, Camp Pope, Cantonment New Hope, Carver's Cave, Chapel St. Paul, Consumers Pure Ice and Storage Company Building, Continental Divide, Continental Divide, Cook-Hormel House, Duluth Ship Canal, Duluth Union Depot, E. J. Longyear First Diamond Drill Site, Eugene Saint Julien Cox House, Falls of St. Anthony, Flat Lake Mounds, Fort Beauharnois, Fort Pomme De Terre, Fort Ripley, Fort St. Charles, Frank B. Kellogg House, F. Scott Fitzgerald House, Fugle's Mill, Gideon H. and Sarah Pond House, Grand Army of the Republic Hall, Grand Portage, Grand Portage of the Saint Louis River, Height of Land, Historic Hill District, Hull-Rust-Mahoning Mine, Indian Mounds Park Site, Ingeborg and Olof Swensson Farmstead, Irvine Park Historic District, Joseph R. Brown Historical Interpretive Center, Joseph R. Brown House Ruins, Kari and Thomas Veblen Farmstead, Kensington Runestone Discovery Site, Kettle Falls Hotel, Larson Mill, Little Elk Heritage Preserve, Malmo Mounds and Village Site, Matilda and Willard Bunnell House, May and Ray B. Hinkly House, Mayowood, Mendota Historic District, Milwaukee Avenue Historic District, Minnehaha Falls, Minnesota Historical Society Building, Minnesota Point Lighthouse, Minnesota Woman Site, Mountain Iron Mine, National Farmers' Bank of Owatonna, New Ulm Post Office, Nicollet Island, Northcote Stock and Grain Farm, Northern Pacific Railroad Shops, Northwest Point, Noyes Hall and Tate Hall, State School for the Deaf, O. E. Rolvaag House, Old Crossing, Old Crow Wing, Old Federal Courts Building, Old Fort Snelling Historic District, Old Frontenac Historic District, Old State Capitol Site, Ole and Sigrud Bakken Cabin, Orwell Site, Ottawa Methodist Church, Peter and Wealthy Gideon Farmhouse, Pickwick Mill, Pierre Bottineau Gravesite, Ramsey Mill, Red Pipestone Quarry, Redwood Ferry, Rensselaer D. Hubbard House, Robert F. Jones (Longfellow) House, Saint John the Divine Episcopal Church, Sandstone School, Saum Schools, Savanna Portage, Seppman Mill, Shakopee Historical District, Sinclair Lewis Childhood Home, Site of Hanging 38 Sioux, Soudan Mine, Source of the Mississippi River, State Training School, St. Croix Boom Site, Taylors Falls Public Library, Theodore Wegmann Cabin, Thoreson House, Washington County Courthouse, Wasioja Seminary, Wayzata Depot, Wendelin Grimm Farmstead, White Oak Point Site, Winnebago Agency House, Winnebago Agency Store, Winona County Courthouse, Witch Tree, Wood Lake Battlefield, Yucatan Fort Site, Zebulon Pike's 1805-1806 Wintering Headquarters and Lutheran Church and cemetery, rural Shelly.

  5. Special Funding Sources

    1. Special Funding for Protection and Preservation of Burials

      1. How is the income from cemetery land to be used and dispersed in this state?

        § 365.27 Sale and Reversion of Lots Limited; Use of Funds

        Money from the sale of town cemetery lots must be paid into the town treasury. The money makes up a fund to be used only to keep up, improve, and ornament the cemetery.

      2. How is a state historic acquisition and preservation fund administered?

        § 138.081 Federal Funds, Acts

        The Executive Council of the Minnesota Historical Society is hereby designated the state agency with power to accept any and all money provided for or made available to this state by the United States of America or any department or agency thereof for surveys, restoration, construction, equipping, or other purposes relating to the state historic sites program and are further authorized to do any and all things required of this state by such federal law in order to obtain such federal money.

      3. How are trust funds for the maintenance or cemeteries established and administered?

        § 306.10 Use of Funds; Grants in Trust

        Proceeds from the sales of lots and personal property shall be applied solely to pay debts incurred in purchasing cemetery grounds and property, to fence, improve, and beautify the grounds and the avenues leading to the grounds, and to defray the necessary expenses of their management and care. Real or personal property given to an association to maintain a monument or to keep or improve grounds within the cemetery must always be applied to the uses for which the property was given.

      4. How are state historic archives maintained?

        § 138.161 State Archives; Establishment

        State archives are hereby established and shall be administered by the Minnesota Historical Society.

        § 138.17 Government Records; Administration

        The Records Disposition Panel is made up of the attorney general, legislative auditor in the case of state records, state auditor in the case of local records, and director of the Minnesota Historical Society. The members of the panel shall have power by majority vote to direct the destruction or sale for salvage of government records determined to be no longer of any value, or to direct the disposition by gift to the Minnesota Historical Society or otherwise of government records determined to be valuable for preservation. If the decision is made to dispose of records by majority vote, the Minnesota Historical Society may acquire and retain whatever they determine to be of potential historical value.

        Government records which a state agency, political subdivision, or statewide system lists on a records disposition application or records schedule, or on which archival assistance or advice is requested, may be inspected by state archives' employees if state archives gives prior notice. Employees of the archives shall have access to the records for the purpose of determining the historical or other continuing value of the records. Employees of the archives shall be liable to the penalties set forth for improper disclosure by them of private, confidential, nonpublic, or protected nonpublic data inspected for this purpose.

        The Minnesota Historical Society shall employ a professional archivist, who shall be known as the state archivist, and other agents and personnel as are necessary to enable it to carry out its duties and powers. The archivist shall be appointed by the director of the society.

        It shall be the duty of the head of each state agency and the governing body of each county, municipality, and other subdivision of government to establish and maintain an active, continuing program for the economical and efficient management of the records of each agency, county, municipality, or other subdivision of government. Public officials shall prepare an inclusive inventory of records in their custody, to which shall be attached a schedule, approved by the head of the governmental unit or agency having custody of the records, establishing a time period for the retention or disposal of each series of records. When the schedule is unanimously approved by the records disposition panel, the head of the governmental unit or agency having custody of the records may dispose of the type of records listed in the schedule at a time and in a manner prescribed in the schedule for particular records which were created after the approval. A list of records disposed of pursuant to this subdivision shall be maintained by the governmental unit or agency.

        § 138.21 Storage Space Designated By Panel

        The Minnesota Historical Society may direct the storage of government records, including photographic or other reproductions which are state archives.

        § 138.226 Replevin Authority

        The attorney general may replevin public records which have been unlawfully transferred or removed. The records shall be returned to the office of origin, or, in the case of state archives, to the society.

      5. How may the state enter into private contracts for recovering and preserving historical artifacts?

        § 138.37 Ownership, Custody and Use of Objects and Data

        If the best interests of this state are deemed served thereby, the state archaeologist, with the approval of the director of the historical society, may barter one or more objects belonging to this state for one or more objects belonging to another state, a private person, or any school, scientific institution, or other body having title thereto; and the state archaeologist, with the approval of the director of the historical society, may dispose of one or more objects belonging to this state. The state archaeologist and director of the Minnesota Historical Society may accept on behalf of the state any gift of an object, of data, or of any deed to a privately owned site if they deem the gift valuable to the state under the Minnesota Field Archaeology Act of 1963; they may also accept any gift of money to be used for one or more of the purposes covered by Minnesota Field Archaeology Act of 1963, but shall be held strictly accountable to the state for the use made of any such gift of money.

      6. What funding exists for state historical education efforts?

        § 138.052 Tax Levy

        The county board of any county is authorized and empowered to appropriate, out of the revenue fund of such county or out of the proceeds from a special tax levy upon all the taxable property in the county, such sum as it may deem advisable, to be paid to the historical society of such county, to be used for the promotion of historical work within the borders thereof, and for the collection, preservation and publication of historical material, and to disseminate historical information of the county, and in general to defray the expense of carrying on the historical work in such county; provided that no county board is authorized to appropriate any funds for the benefit of any county historical society unless such society shall be affiliated with and approved by the Minnesota Historical Society.

        § 138.053 County Historical Society; Tax Levy; Cities or Towns

        The governing body of any home rule charter or statutory city or town may annually appropriate from its general fund an amount not to exceed 0.02418 percent of taxable market value, derived from ad valorem taxes on property or other revenues, to be paid to the historical society of its respective county to be used for the promotion of historical work and to aid in defraying the expenses of carrying on the historical work in the county. No city or town may appropriate any funds for the benefit of any historical society unless the society is affiliated with and approved by the Minnesota Historical Society.

      7. What funding exists for state museums’ scientific services?

        § 138.035 State Historical Society Authorized to Support the Science Museum of Minnesota

        The State Historical Society is authorized to enter into an agreement or agreements with the Science Museum of Minnesota whereby the State Historical Society shall make payments to such museum to support and expand its programs and to develop an extension program to bring the facilities of such museum to schools throughout the state. Such agreement or agreements shall provide for the time, amount and method of such payments.

    2. Special Funding for Public Lands

      1. What special funding sources are there for protection and preservation of burials on public lands?

        This information can not be located at this time.

    3. Special Funding for Private Lands

      1. What special funding sources are there for protection and preservation of burials on public lands?

        This information can not be located at this time.

  6. State Recognition of Constituent Groups

    1. Laws Recognizing or Acknowledging Constituent Groups

      1. What laws are there recognizing or acknowledging constituent groups?

        § 3.992 Indian Affairs Council, Creation, Membership

        The Indian Affairs Council recognizes federal and state tribes within the State.

      2. What tribes are recognized by the state?

        Indian Affairs Council Website

        There are 11 recognized communities in Minnesota: Bois Forte, Fond du Lac, Grand Portage, Leech Lake, Lower Sioux, Mille Lacs, Prairie Island, Red Lake, Shakopee, Upper Sioux, and White Earth.

      3. Are the state-recognized tribes different from the federally-recognized tribes in the state?

        National Conference of State Legislatures

        All of the state-recognized tribes are also federally-recognized. The federally recognized tribes in Minnesota are: Bois Forte, Fond du Lac, Grand Portage, Leech Lake, Lower Sioux, Mille Lacs, Mdewakanton Sioux, Nett Lake, Prairie Island, Mdewakanton Sioux Indians, Red Lake, Shakopee, Upper Sioux and White Earth.

    2. Compliance Laws

      1. What laws are there related to compliance with recognition or acknowledgment of constituent groups?

        § 3.992 Indian Affairs Council, Creation, Membership

        The Indian Affairs Council recognizes federal and state tribes within the State.

    3. Regulatory Laws

      1. What laws are there related to regulation with recognition or acknowledgment of constituent groups?

        § 3.992 Indian Affairs Council, Creation, Membership

        The Indian Affairs Council recognizes federal and state tribes within the State.

    4. Decision-Making Authorities

      1. What notice and consultation with tribes is required for discoveries of Native American human remains, burial places, and funerary objects?

        § 307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication

        If unidentified remains are found and the state archaeologist finds that the remains are Indian, 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 non-burial areas within authenticated or recorded burial grounds shall be made to the Indian Affairs Council and other appropriate authority in the case of Indian burials.

      2. How are Indian sacred sites regulated?

        Minnesota does not regulate Indian sacred sites differently than it regulates all historic and culturally important sites.

      3. Is there a state Indian Affairs Commission or equivalent?

        § 3.992 Indian Affairs Council, Creation, Membership

        There is a state Indian Affairs Commission.

      4. How is the state Indian Affairs Commission or equivalent composed?

        § 3.992 Indian Affairs Council, Creation, Membership

        The state Indian Affairs Council is composed of the following members: one member of each of the following federally recognized tribes: Fond du Lac Band, Grand Portage Band, Mille Lacs Band, White Earth Band, Bois Forte (Nett Lake) Band, Leech Lake Band, Red Lake Nation, Upper Sioux Community, Lower Sioux Community, Shakopee-Mdewankanton Sioux Community, and Prairie Island Mdewakanton Dakota Community; a member of the governor's official staff designated by the governor; the commissioner of education; the commissioner of human services; the commissioner of natural resources; the commissioner of human rights; the commissioner of employment and economic development; the commissioner of corrections; the commissioner of the Minnesota Housing Finance Agency; the commissioner of Iron Range resources and rehabilitation; the commissioner of health; the commissioner of transportation; the commissioner of veterans affairs; the commissioner of administration; two members of the house of representatives; and two members of the senate.

      5. What are the powers and duties of the state Indian Affairs Commission?

        § 3.922 Indian Affairs Council, Duties

        The Indian Affairs Council has several primary duties. To analyze and make recommendations on programs, proposals, and projects of importance to tribal governments and nontribal Indian organizations. To assist in establishing Indian advisory councils in cooperation with state agencies that deliver services to the federally recognized tribes in Minnesota and the urban Indian communities. To assist state agencies in defining what groups, organizations, committees, councils, or individuals are eligible for delivery of their respective services. To assist in ensuring the provision of resources and the delivery of services to the federally recognized tribes in Minnesota and the urban Indian communities. To recommend to tribal governments and the state government the means to enhance the delivery of services to the members of federally recognized tribes in Minnesota by local, state, and national units of government. To assist state agencies in implementing and updating studies of services delivered to the federally recognized tribes in Minnesota and urban Indian communities. To be a liaison between state governmental bodies and elected tribal leaders. To interact with private organizations involved with Indian people that develop and implement programs to assist Indian people. To develop educational programs, community organization programs, leadership development programs, motivational programs, and business development programs for Indian persons who have been, are, or may be subject to prejudice and discrimination. To present recommendations to elected tribal leaders on the out-of-home placement of Indian children. To prepare a proposed agenda for the annual summit of elected tribal leaders, legislative leaders, and the governor.

      6. Is there a state Indian cultural heritage commission?

        § 129D.17 Arts and Cultural Heritage Fund

        Minnesota does have a cultural heritage fund, but it is not specific to Indians.

    5. Special Funding

      1. What special funding sources are there for state recognition or acknowledgment of constituent groups?

        This information can not be located at this time.

Unless otherwise stated, all citations refer to the 2009 Minnesota State Code, which can be accessed at https://www.revisor.mn.gov/statutes/.


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