2011-03-03 P & R Packet - Laserfiche WebLink

Home Browse Search

The Law and American Indian burial protections--Minnesota. laws Page 3 of 6 Primary Topic: Archeological Activities Secondary Topic: o Disposition of Human Remains Code Book: Minnesota Statutes Citation: §307.08 (8-10) Section Title: Illegal molestation of human remains: Indian burials on public lands Summary: Prohibits the relocarion of an authenticated and identified Indian burial ground unless the request to relocate is approved by the Indian Affairs Intertribal $oard. D'uects that the cost of removal of an Indian burial ground located on public lands or waters shall be paid by the state or political subdivision controlling the lands or waters. Directs the state to make efforts to purchase and protect large Indian burial grounds instead of removing them to another location. Directs the Department of Natural Resources, the Department of Transportarion and all other state agencies and local governmental units whose acriviries may be affected to cooperate with the state azcheologist and the Indian Affairs Intertribal Boazd to carry out the provisions of this secrion. Requires the state or political subdivision controlling the lands or waters on which Indian burials aze known to be located to submit construction and development plans to the state archeologist and the Indian Affairs Intertribal Boazd for review prior to the time bids are advertised. D'uects the state azcheologist and the board to review the plans promptly and make recommendarions for the preservarion or removal of human burials or remains that may be endangered by construcrion or development activities. � Primary Topic: Archeological Activiries Secondary Topic: o Disposition of Human Remains I, Code Book: Minnesota Statutes Citation: §307.082 Section Title: Illegal molestation of human remains: civil actions Summary: Allows the attorney general, a state agency or political subdivision, an individual residing within the state or a partnership, corporation, association, company or other entity with shareholders, members, partners or employees residing within the state to maintain a civil action seeking temporary or permanent injunction, damages or other appropriate relief against a person who is alleged to have committed a violarion of §307.08 (2) regarding the willful disturbing of a burial ground. Requires that the action be bmught within two years after the alleged violadon is discovered and reported to the state archeologist or the Indian Affairs Council and 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. Primary Topic: Archeological Activities Secondary Topic: o Disposition of Human Remains http://www.ibsgwatch.imagedjinn.com/learn/minnesotalaw.htm 2/23/2011