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The Law and American Indian burial protections--Minnesota laws Page 4 of 6 o Violation / Penalty / Enforcement Code Book: Minnesota Stalutes Citation: § 138.31 through § 138.33 Section Title: Minnesota Field Archeology Act of 1963: definitions; legislative intent; unlicensed field archeology prohibited Summary: (§138.31) Defines a"state site" as a land or water area, owned or leased by or subject to the paramount right of the state, county, township or municipality where there aze objects or other evidence of azcheological interest, including all aboriginal mounds and earthworks, ancient burial grounds, prehistoric ruins, historical remains and other azcheological features on state land or on land subject to the paramount rights of the state. Excludes bottles or ceramics manufactured after 1875 from the definition of historical remains. (§138.32) Reserves for the state the exclusive right and privilege of field archeology on state sites to protect and preserve azcheological and scienrific information, matter and objects. Discourages field archeology on privately owned lands except in accordance with both the pmvisions and spirit of the Minnesota Field Archeology Act. Encourages persons having knowledge of the location of azcheological sites to communicate such informarion to the state archeologist. (§ 13833) Prohibits any person, including state or other public employees other than the state azcheologist and individuals duly licensed by the d'uector of the Minnesota Historical Society, from engaging in any field archeology on any state site. Primary Topic: Archeological Activities Secondary Topic: o Permit / Site Investigation Authority �, o Underwater Archeological Activity Code Book: Minnesota Statutes Citation: § 138.36 Section Title: Minnesota Field Archeology Act of 1963: licenses Summary: Directs the d'uector of the Minnesota Historical Society and the state archeologist to formulate and issue such provisions for licenses as are required to carry out and enforce the Minnesota Field Archeology Act of 1963. (2) Authorizes the director of the society, acting as an agent of the state, to issue a license to a qualified person approved by the state archeologist to engage in field archeology on a specified state site. Authorizes the director also to issue a license to a qualified person, either in connection with the right to engage in field archeology on a specified site, or alone, to engage in purely preliminary or exploratory activities in a specified azea where a site is thought to exist. Requires the applicant, if a state site or an area to be descnbed in a license is under the jurisdiction of any other state agency or if the azcheology so licensed may interfere with a project of any other state agency, to obtain the approval of that agency. Authorizes the attorney general to apply to the district court for injunctive relief to restrain activities that, in the d'uector's opinion, may damage historical or archeological sites on public lands or waters. (3) Authorizes the director of the Minnesota Historical Society or the state azcheologist to waive or abridge provisions of the Minnesota Field Archeology Act of 1963 in an emergency in which objects of interest to the state are found in the cowse of construction or demolition http://www.ibsgwatch.imagedjinn.com/learn/minnesotalaw.htm 2/23/2011