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The Law and American Indian burial protections--Minnesota laws Page 2 of 6 Section Title: Illegal molestation of human remains: authentication, identification and marking of unmarked burial grounds Summary: Authorizes the posting of any authenticated and identified burial ground for protecrive purposes every 75 feet around its perimeter with signs listing pmhibited acrivities and the penalties, to be posted at the discretion of the Indian Affairs Council in the case of Indian burials or at the discretion of the state azcheologist in the case of non-Indian burials. Directs the state archeologist to authenticate all burial sites for purposes of this section and authorizes the state azcheologist to enter on pmperty for such purposes, with the permission of the property owner or lessee. Authorizes descendants of persons buried in burial sites covered by this section to enter the burial sites for the purpose of conducting religious ceremonies, but directs that such entry shall not unreasonably burden pmperty owners or unnecessarily restrict their use of their property. Directs the state to retain the services of a qualified professional archeologist, approved by the state archeologist and the lndian Affairs Council, to gather information to authenticate or identify Indian burial grounds when requested by a concerned scientific or contemporary Indian ethnic group, when Indian burials are known or suspected to exist on public lands or waters controlled by the state or a political subdivision. Declares that the cost of authentication, identification, mazking and rescue of unmarked or unidentified burial grounds or burials shall be the , responsbility of the state. Requires data collected by this activity that has common value for natural resource planning must be provided and integrated into the I Minnesota land management information system's geographic and summary data bases according to published data compatibility guidelines, with wsts of such borne by the state. Requires the size, descrip6on and information on any signs posted at cemeteries I or burial grounds by the state archeologist or the Indian Affairs Council to be approved by the Minnesota State Historical Society. , I Primary Topic: Archeological Activities Secondary Topic: o Disposition of Human Remains I o Survey / Inventory of Sites i � Code Book: Minnesota Statutes i Citation: §307.08 (7) Section Title: Illegal molestation of human remains: disposition �f unidentified human remains Summary: Directs that all unidenrified human remains or burials found outside of platted, recorded or identified cemeteries and in contexts which indicate antiquity greater than 50 years shall be dealt with in accordance with provisions established by the state azcheologist, if the state archeologist determines that such burials are not Indian or their ethnic identity cannot be ascertained. Directs that efforts shall be made by the state archeologist and the Indian Affairs Council to ascertain the tribal identity of any burial that the state archeologist determines to be Indian, and, if probable tribal identity can be detetmined, such remains shall, at the discretion of the state archeologist and the oouncil, be turned over to contemporary tribal leaders for disposirion. Authorizes the state archeologist or the council to allow such remains to be studied by a qualified prnfessional archeologist before being delivered w the tribal leaders. Directs the state archeologist and the council to establish provisions to deal with the disposition of Indian remains for wluch tribal identity cannot be determined. http://www.ibsgwatch.imagedjinn.com/learn/minnesotalaw.htm 2/23/2011