Minnesota Statutes 2000
Minnesota Field Archaeology Act of 1963
138.31 Definitions.
Subdivision 1. As used in sections 138.31 to 138.42, the
terms defined in this section have the meanings given them.
Subd. 2. "State site" or "state archaeological site" means
a land or water area, owned or leased by or subject to the
paramount right of the state, county, township, or municipality
where there are objects or other evidence of archaeological
interest. This term includes all aboriginal mounds and
earthworks, ancient burial grounds, prehistoric ruins,
historical remains, and other archaeological features on state
land or on land subject to the paramount rights of the state.
Historical remains do not include bottles or ceramics
manufactured after 1875.
Subd. 3. "Site" or "archaeological site" has the same
meaning as "state site" or "state archaeological site."
Subd. 4. "Object" means a natural or artificial article,
implement, skeleton, bone, or other item of archaeological
interest.
Subd. 5. "Field archaeology" means the study of the traces
of human culture at any land or water site by means of
surveying, digging, sampling, excavating, or removing objects,
or going on a site with that intent.
Subd. 6. "Director of the historical society" means the
director of the Minnesota historical society.
Subd. 7. "Historical society" means the Minnesota
historical society.
Subd. 8. "The university" means the University of Minnesota.
Subd. 9. "Schools" means universities, colleges, and
community colleges, whether publicly or privately owned.
Subd. 10. "Scientific institutions" means museums,
historical societies, foundations for archaeological study,
state agencies, and scholarly groups with professional standing
and physical facilities for the display, study, and preservation
of objects of archaeological interest.
Subd. 11. "Archaeological methods" means scientific
procedures used in field archaeology by recognized professional
authorities on archaeology.
Subd. 12. "Data" means field notes, photographs, maps, and
other records relating to field archaeology.
Subd. 13. "Custodian" means any school or scientific
institution which has the physical possession of objects of
archaeological significance or data belonging to the state.
Subd. 14. "Qualified professional archaeologist" means an
archaeologist who meets the United States Secretary of the
Interior's professional qualification standards in Code of
Federal Regulations, title 36, part 61, appendix A, or
subsequent revisions.
HIST: 1963 c 5 s 1; 1971 c 48 s 1; 1973 c 349 s 2; 1986 c 444;
1997 c 202 art 2 s 37
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.
It is a declaration and statement of legislative intent
that field archaeology on privately owned lands should be
discouraged except in accordance with both the provisions and
spirit of sections 138.31 to 138.42; and persons having
knowledge of the location of archaeological sites are encouraged
to communicate such information to the state archaeologist.
HIST: 1963 c 5 s 2
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.
HIST: 1963 c 5 s 3; 1971 c 48 s 2
138.34 Administration of the act.
The state archaeologist shall act as the agent of the state to
administer and enforce the provisions of sections 138.31 to 138.42. Some enforcement provisions are shared
with the society.
HIST: 1963 c 5 s 4; 1994 c 632 art 4 s 48
138.35 State archaeologist.
Subdivision 1. Appointment. The state archaeologist shall be
a qualified professional archaeologist appointed by the commissioner of administration in consultation with the executive council of the Minnesota historical society, the Indian affairs council, and other interested parties to perform the duties in sections 138.31 to 138.42.
Subd. 1a. Administrative support; staff. The commissioner of
administration shall provide the state archaeologist with necessary
administrative services. State agencies shall provide the state archaeologist upon request with advisory staff services on matters relating to the duties and jurisdiction of the state archaeologist. The state archaeologist shall hire staff and maintain offices as necessary to perform the duties in sections 138.31 to 138.42.
Subd. 1b. Contracts; volunteers; grants and gifts. The state
archaeologist may contract with the federal government, local governmental units, other states, the university and other educational institutions, and private persons or organizations as necessary in the performance of the duties in sections 138.31 to 138.42. Contracts made under this section for professional services shall not be subject to chapter 16C, as it relates to competitive bidding. The state archaeologist may recruit, train, and accept, without regard to personnel laws or rules, the services of individuals as
volunteers for or in aid of performance of the state archaeologist's duties, and may provide for the incidental expenses of volunteers, such as transportation, lodging, and subsistence. The state archaeologist may apply for, receive, and expend grants and gifts of money consistent with the powers and duties in sections 138.31 to 138.42. Any money so received is appropriated for the purpose for which it was granted.
Subd. 2. Duties of state archaeologist. The duties of the
state archaeologist shall include the following:
(a) 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;
(b) 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;
(c) to protect to the extent possible and to encourage the preservation of archaeological sites located on privately owned property;
(d) 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;
(e) to obtain for the state other objects of archaeological
significance, and data relating thereto;
(f) to cooperate with the historical society, the university, and other custodians to preserve objects of archaeological significance, together with the data relating thereto;
(g) to disseminate archaeological facts through the publication of
reports of archaeological research conducted within the state;
(h) to approve licensing of qualified professional archaeologists to engage in field archaeology on state sites, as provided in section 138.36; and
(i) to otherwise carry out and enforce sections 138.31 to 138.42.
Subd. 3. Repealed, 1997 c 202 art 2 s 38,64
HIST: 1963 c 5 s 5; 1978 c 717 s 3; 1986 c 323 s 1; 1994 c 632 art 4 s 49; 1996 c 452 s 31; 1997 c 202 art 2 s 38; 1998 c 386 art 2 s 55; 1999 c 91 s 1,2
138.36 Licenses.
Subdivision 1. Content; issuance. The director of the
historical society and the state archaeologist shall formulate and issue such provisions for licenses as are required to carry out and enforce sections 138.31 to 138.42.
Subd. 2. Power to issue. 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.
Subd. 3. Emergency licenses. The director of the historical
society or the state archaeologist may waive or abridge provisions of sections 138.31 to 138.42 in an emergency in which objects of
interest to the state are found in the course of construction or demolition work, or in other situations in which time is of the essence to save objects or gather data. The director of the historical society or the state archaeologist may issue short form emergency licenses to persons not otherwise qualified to enable them to salvage objects or gather data in the time available.
Subd. 4. Renewal of licenses. The director of the Minnesota
historical society may renew any license for another calendar year. The application for renewal shall be made in the form and contain the information required by the state archaeologist.
Subd. 5. Revocation and suspension. The director of the
historical society or the state archaeologist may revoke or suspend a license because of the improper conduct of the licensee, the use of improper or substandard methods, or other good cause.
HIST: 1963 c 5 s 6; 1971 c 48 s 3; 1986 c 444
138.37 Ownership, custody and use of objects and data.
Subdivision 1. Title to objects and data. The state
reserves to itself the title to all objects found and data
gathered in field archaeology, except as provided in
subdivisions 2 and 3. 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.
Subd. 2. Field archaeology on behalf of nonresident
schools and scientific institutions. The director of the
Minnesota historical society, with the approval of the state
archaeologist, may agree for the state with an agency of another
state, or with a school or scientific institution of another
state, to permit qualified persons acting for the nonresident
agency, school, or institution to be licensed to engage in field
archaeology in this state. Under such an agreement, the
director of the historical society and the state archaeologist
shall, at the time the license is issued, determine the
disposition of the objects found.
Subd. 3. Disposal of and acquisition of objects. 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 provisions of sections
138.31 to 138.42; they may also accept any gift of money to be
used for one or more of the purposes covered by sections 138.31
to 138.42, but shall be held strictly accountable to the state
for the use made of any such gift of money.
HIST: 1963 c 5 s 7
138.38 Reports of 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 Indian affairs council and the director of the historical society a full report of the office's activities including a summary of the activities of licensees, from the effective date hereof or from the date of the last full report of the state archaeologist.
HIST: 1963 c 5 s 8; 1986 c 444; 1994 c 632 art 4 s 50
138.39 Rules.
The director of the historical society may make and issue such rules, not inconsistent with law, as may be required to carry out the provisions of sections 138.31 to 138.42. In making such rules, they shall consult with other agencies of the state whose activities may be affected thereby.
HIST: 1963 c 5 s 9; 1985 c 248 s 70
138.40 Cooperation of state agencies; development plans.
Subdivision 1. The department of natural resources, the department of transportation, and all other state agencies whose activities may be affected, shall cooperate with the historical society and the state archaeologist to carry out the provisions of sections 138.31 to 138.42 and the rules issued thereunder, but
sections 138.31 to 138.42 are not meant to burden persons who wish
to use state property for recreational and other lawful purposes or to
unnecessarily restrict the use of state property.
Subd. 2. State and other governmental agencies shall comply with and aid in the enforcement of provisions of sections 138.31 to 138.42.
Conservation officers and other enforcement officers of the department of natural resources shall enforce the provisions of sections 138.31 to 138.42 and report violations to the director of the society. When archaeological or historic sites are known or based on investigations or are suspected 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.
Subd. 3. When significant archaeological or historic sites are known or suspected to exist on public lands or waters, the agency or department controlling said lands or waters shall submit construction or development plans to the state archaeologist and the director of the society for review prior to the time bids are advertised. The state archaeologist and the society shall promptly review such plans and make recommendations for the preservation of archaeological or historic sites which may be endangered by construction or development activities. When archaeological or historic sites are related to
Indian history or religion, the state archaeologist shall submit the plans to the Indian affairs council for the council's review and recommend action.
HIST: 1963 c 5 s 10; 1969 c 1129 art 3 s 1; 1971 c 48 s 4; 1976 c 166 s 7; 1985 c 248 s 70; 1986 c 323 s 2; 1994 c 632 art 4 s 51
138.41 Penalties.
Subdivision 1. Willful violations. Whoever willfully violates
section 138.33, 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 sections 138.31 to 138.42, or the rules issued by the director of the historical society is guilty of a gross misdemeanor.
Subd. 2. Other penalties. 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 sections 138.31 to 138.42, 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.
HIST: 1963 c 5 s 11; 1971 c 23 s 12; 1971 c 48 s 5; 1985 c 248 s 70
138.42 Title.
Sections 138.31 to 138.42 may be cited
as the "Minnesota Field Archaeology Act of 1963."
HIST: 1963 c 5 s 13