Laws and Statutes

The Field Archaeology Act (Minnesota Statutes 138.31 - .42) officially established the position of State Archaeologist in 1963. Under state law, the State Archaeologist is an employee of the Minnesota Department of Administration and is not affiliated with the Minnesota Historical Society (MNHS), although the State Archeologist leases office space from MNHS. The Office of the State Archaeologist (OSA) has two employees, the State Archaeologist, Amanda Gronhovd, and an assistant, Bruce Koenen.

The principal duties of the State Archaeologist are assigned by two state laws, the aforementioned Field Archaeology Act and the Private Cemeteries Act (MS 307.08). The State Archaeologist is given additional duties in rules implementing Minnesota Water Law (MS 103F) and the Minnesota Environmental Policy Act (MS 116D). The State Archaeologist is also named in the Coroner and Medical Examiner law (MS 390.25, Subd. 5). More recently, duties have been assigned to the State Archaeologist under the Minnesota Legacy Amendment Arts and Cultural Heritage Fund (MS 129D.17). The State Archaeologist also carries out traditional duties that have evolved since 1963 such as assigning official state site numbers.

The State Archaeologist has no official responsibilities with regard to federal agencies, federal lands, and federal laws. For the purposes of Indian consultation, the State Archaeologist is required to consult with the Minnesota Indian Affairs Council (MIAC) and not individual tribes.

The links below provide more information about how each of these laws direct the work of the State Archaeologist. Complete laws and statues may be referenced on the Minnesota State Legislature's webpage.

Field Archaeology Act (MS 138.31 - 138.42)
While the Field Archaeology Act has been revised 10 times since 1963, the duties of the State Archaeologist specified in that law have not changed. The act dictates that the State Archaeologist:
- Acts as the agent of the state to administer and enforce the act.
- Sponsors, engages in, and directs fundamental archaeological research.
- Cooperates with agencies to preserve and interpret archaeological sites.
- Encourages protection of archaeological sites on private property.
- Retrieves and protects artifacts and data discovered on public property.
- Retrieves and protects archaeological remains disturbed by agency construction.
- Helps preserve artifacts and data recovered by archaeological work.
- Disseminates archaeological information through report publication.
- Approves archaeologist's qualifications for licensing to work on public property.
- Formulates licensing provisions for archaeological work on public property.
- Issues emergency licenses for archaeological work on public property.
- Revokes or suspends archaeological licenses due to good cause.
- Approves curation arrangements of artifacts and data from state sites.
- Repossesses artifacts from state sites that are not being properly curated.
- Consults with the Minnesota Historical Society and Minnesota Indian Affairs Council regarding significant field archaeology.
- Completes annual reports about the Office of the State Archaeologist's and licensees' activities.
- Reviews and comments on agency development plans that may affect state sites.
Complete statute language.
Private Cemeteries Act (MS 307.08)
In 1976, the Private Cemeteries Act was amended and the State Archaeologist was given new duties including the "authentication" of legally unrecorded historic or prehistoric cemeteries. This law has been amended eight times since 1976, most recently in 2007. MS 307.08 dictates that the State Archaeologist:
- Authenticates all unrecorded burial sites over 50 years old.
- Grants permission for disturbances in unrecorded non-Indian cemeteries.
- Allows posting and approves signs for authenticated non-Indian cemeteries.
- Maintains unrecorded cemetery data.
- Provides burial sites data to the Minnesota Geospatial Information Office (MnGEO) -- formerly the Land Management Information Center (LMIC).
- Determines the ethnic identity of burials over 50 years old.
- Helps determine tribal affiliation of Indian burials.
- Determines if osteological analysis should be done on recovered remains.
- Helps establish provisions for dealing with unaffiliated Indian remains.
- Reviews development plans that may impact unrecorded burials.
Complete statute language.
Minnesota Water Law (MS 103F) - Rules 6120

The State Archaeologist has several duties specified in Minnesota Water Law Rules, which implement MS 103F. Water law rules apply to the use of shoreland as governed by state and local agencies.

Agency reviews of shoreland development must consider impacts on significant historic sites. Significant historic sites include archaeological sites listed in or determined eligible to the state or national historic registers. Unrecorded cemeteries are automatically considered to be significant historic sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository.

Under Rules 6120.2500, Subpart 15a, the State Archaeologist can determine if sites are eligible to the state or national historic registers, although under federal law formal eligibility for the National Register of Historic Places can only be determined by the Keeper of the National Register. Under 6120.3300, Subpart 3e, the State Archaeologist must approve any structure placed nearer than 50 feet from an unplatted cemetery.

Complete statute language.
Minnesota Environmental Policy Act (MS 116D) - Rules 4410.1500

Responsible Governmental Units (RGUs) for Environmental Assessment Worksheets (EAWs) are required to provide a copy of all EAWs to the State Archaeologist. The State Archaeologist has 30 days to comment on the EAW. RGUs make all the important decisions for EAWs including their adequacy and the need for a full Environmental Impact Statement (EIS). If the State Archaeologist recommends archaeological survey, testing, or mitigation for a project covered by an EAW or EIS, it is the RGU that makes the decision as to whether or not this is necessary.

Complete statute language.
Minnesota Arts and Cultural Heritage Fund (MS 129D.17)

This fund was originally established with the passage of the Clean Water, Land, and Legacy Amendment by Minnesota voters in 2008. In 2009 and again in 2011 the Legislature appropriated $500,000 of the Arts and Cultural Heritage Fund for a Statewide Survey of Historical and Archaeological Sites.

The Legislation stipulated that the survey be governed by an Oversight Board and that one of the members be a representative of the Office of the State Archaeologist. As a member of this Board, the State Archaeologist has responsibilities for writing requests for proposals (RFPs), helping to select contractors, monitoring contract progress, and reporting results to the Legislature, the public, and to agencies.

Complete statute language.
Coroner, Medical Examiner Law (MS 390.25, Subd. 5)

After a coroner or medical examiner has completed the investigation of an unidentified deceased person, the coroner or medical examiner must notify the State Archaeologist of all unidentified human remains found outside of platted, recorded, or identified cemeteries and in contexts which indicate antiquity of greater than 50 years.

Complete statute language.