Minnesota Statutes
Chapter 138 — Historical Societies; Sites; Archives; Archaeology; Folklife
Section 138.40 — Cooperation Of State Agencies; Development Plans.

Subdivision 1. Cooperation. 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, the State Historic Preservation Office, 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. Compliance, enforcement, preservation. 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 state archeologist. When archaeological or historic sites are known or, based on scientific investigations are predicted 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. Review of plans. When significant archaeological or historic sites are known or, based on scientific investigations, are predicted 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 State Historic Preservation Office for review prior to the time bids are advertised. The state archaeologist and the State Historic Preservation Office shall promptly review such plans and within 30 days of receiving the plans shall 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.
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; 1Sp2003 c 19 art 2 s 5,6; 2021 c 31 art 1 s 20

Structure Minnesota Statutes

Minnesota Statutes

Chapters 138 - 140 — State History

Chapter 138 — Historical Societies; Sites; Archives; Archaeology; Folklife

Section 138.01 — Minnesota Historical Society; Finances.

Section 138.03 — Custodian Of Records.

Section 138.035 — State Historical Society Authorized To Support The Science Museum Of Minnesota.

Section 138.051 — County Historical Societies.

Section 138.052 — Tax Levy.

Section 138.0525 — County And Local Historic Preservation Capital Grants.

Section 138.053 — County Historical Society; Tax Levy; Cities Or Towns.

Section 138.054 — Minnesota History And Government Learning Center.

Section 138.081 — Federal Funds, Acts.

Section 138.161 — State Archives; Establishment.

Section 138.163 — Preservation And Disposal Of Public Records.

Section 138.17 — Government Records; Administration.

Section 138.19 — Applications For Orders Of The Panel.

Section 138.20 — Record Of Proceedings.

Section 138.21 — Storage Space Designated By Panel.

Section 138.225 — Prohibition Against Unauthorized Disposal Of Records; Penalty.

Section 138.226 — Replevin Authority.

Section 138.25 — Executive Council; Administration Of Federal Records Legislation.

Section 138.31 — Definitions.

Section 138.32 — Legislative Intent.

Section 138.33 — Unlicensed Field Archaeology Prohibited.

Section 138.34 — Administration Of The Act.

Section 138.35 — State Archaeologist.

Section 138.36 — Licenses.

Section 138.37 — Ownership, Custody And Use Of Objects And Data.

Section 138.38 — Reports Of State Archaeologist.

Section 138.39 — Rules.

Section 138.40 — Cooperation Of State Agencies; Development Plans.

Section 138.41 — Penalties.

Section 138.42 — Title.

Section 138.51 — Policy.

Section 138.57 — State Historic Sites; Registry, Federally Owned Lands.

Section 138.581 — State Historic Sites; Registry; Lands Owned By Governmental Units Outside The State.

Section 138.585 — State Monuments.

Section 138.586 — County Boards May Acquire Historic Sites.

Section 138.661 — State Historic Site Network.

Section 138.662 — Historic Sites.

Section 138.663 — State Register Of Historic Places.

Section 138.664 — Historic Places.

Section 138.665 — Duties Of State In Regard To Historic Properties.

Section 138.666 — Cooperation.

Section 138.667 — Historic Properties; Changes.

Section 138.668 — Admission Fees.

Section 138.669 — Contracts For Historic Site Management.

Section 138.6691 — Citation.

Section 138.67 — Definitions.

Section 138.68 — Supervision Of Preservation.

Section 138.69 — Public Areas Of The Capitol.

Section 138.70 — Capitol Building Powers And Duties.

Section 138.71 — Policy.

Section 138.72 — Definition.

Section 138.73 — Designation Of Historic Districts.

Section 138.74 — Control And Maintenance Of Historic Districts.

Section 138.75 — Citation.

Section 138.761 — Purpose.

Section 138.762 — Definitions.

Section 138.763 — St. Anthony Falls Heritage Board.

Section 138.764 — Grants.

Section 138.765 — Zone Coordinator.

Section 138.766 — Match.

Section 138.81 — Citation.

Section 138.82 — Findings.

Section 138.83 — Definitions.

Section 138.84 — Folklore Center.

Section 138.85 — State Folklorist; Powers.

Section 138.86 — State Folklorist; Duties; Annual Report; Contributors' Rights.

Section 138.87 — Folklife Information.

Section 138.911 — Minnesota Humanities Center.

Section 138.912 — Healthy Eating, Here At Home.

Section 138.92 — Local And Regional Historical Interpretive Centers.

Section 138.93 — Grant-in-aid Assistance; Non-state-owned Historical Interpretive Centers.

Section 138.94 — Minnesota History Center.

Section 138.95 — Native American Memorial Plan.

Section 138.96 — Recorded Music Center.