Many of the responsibilities of MS 307.08 are split across two state agencies: the Office of the State Archaeologist and the Minnesota Indian Affairs Council.
The State Archaeologist is the one responsible for authenticating all burials located on public or private lands in Minnesota. Authentication is a defined term, that means to establish the presence of or high potential of human burials or human skeletal remains being located in a discrete area, delimit the boundaries of human burial grounds or graves, and attempt to determine the ethnic, cultural, or religious affiliation of individuals interred. The State Archaeologist may retain the services of another archaeologist, anthropologist, or other qualified expert in these matters. However, MIAC must approve of the person or firms assisting in the work.
Both the State Archaeologist and MIAC must review all construction or development plans that involve known or suspected American Indian burials. Both agencies are given 30 days to complete their review and make recommendations. It’s encouraged that developers submit construction and development plans early in the process to account for any additional measures that may be recommended ahead of development to mitigate and avoid any known or suspected American Indian burials.
MIAC is defined as being the appropriate authority to determine if American Indian burials can be removed and relocated, disturbed, or have any fence, tree, or other protective measures removed. However, it’s important to note that MIAC always prioritizes in place burial preservation.
Landowners with authenticated or suspected burials on their property must inform perspective buyers of the burial grounds.
Additionally, landowner and or developers must also submit construction and development plans for review to MIAC and the State Archaeologist if known or suspected burials exist.
Landowners should be aware that the State Archaeologist retains right of entry for all authentication purposes.
All state agencies and local governments are required to cooperate with MIAC and the State Archaeologist in carrying out the provisions of MS 307.08.
State agencies and local governments are also required to submit construction and development plans to review to both MIAC and the State Archaeologist.
State agencies and local governments bear all costs associated with the authentication, recording, surveying, marking, identification, rescue, and reburial of human remains on public lands that they control.
MIAC has worked with law enforcement and County Attorneys in these matters in the past and will continue to do so as needed. It’s also important to note both human burials and their burial grounds are protected. Disturb is a defined term that means any activity that significantly harms the physical integrity or setting of a human burial or human burial ground.
The following is considered a felony under MS 307.08
Anybody who intentionally destroys, mutilates, or injures human burials or human burial grounds, or without the consent of the appropriate authority, disturbs human burial grounds or removes human remains.
The following is considered a gross misdemeanor under MS 307.08
Without the consent of the appropriate authority, removes any tombstone, monument, or structure placed in any private cemetery, authenticated human burial ground, or removes any fence, railing, or other work erected for protection or ornament, or any tree, shrub, or plant or grave goods and artifacts within the limits of a public or private cemetery or authenticated burial ground.
