157.70(2)(g)
(g) Assist Indian tribes, state agencies and other persons in any negotiation with any federal agency for the preservation of burial sites and human remains.
157.70(2)(h)
(h) Mediate, upon application of any owner or person in the registry under
par. (e), any dispute related to the disturbance or proposed disturbance of a burial site.
157.70(2)(i)
(i) Cause a cataloged burial site to be recorded by the register of deeds of the county in which the burial site is located. The historical society shall reimburse the county for the cost of recording under this paragraph from the appropriation under
s. 20.245 (1) (a).
157.70(2m)(b)
(b) Determine which Indian tribes in this state have an interest in any cataloged burial site or class of cataloged burial sites and notify the director for entry in the registry under
sub. (2) (e).
157.70(2m)(c)
(c) Determine which applicants for entry in the registry under
sub. (2p) have an interest in a cataloged burial site or class of cataloged burial sites.
157.70(2m)(d)
(d) As it deems necessary, review determinations of the director and the division of hearings and appeals in the department of administration under
sub. (5).
157.70(2m)(e)
(e) As it deems necessary, review disposition actions taken by the director under
sub. (6).
157.70(2p)
(2p) Application for registry. Any person may apply to the board for entry in the registry and shall indicate in which burial site she or he is claiming an interest.
157.70(2r)
(2r) Site disturbance prohibited. Except as provided under
subs. (4) and
(5) and
ss. 157.111 and
157.112, no person may intentionally cause or permit the disturbance of a burial site or cataloged land contiguous to a cataloged burial site. This subsection does not prohibit normal agricultural or silvicultural practices which do not disturb the human remains in a burial site or the surface characteristics of a burial site.
157.70(3)
(3) Report of disturbed burial sites. 157.70(3)(a)(a) Except as provided under
s. 979.01, a person shall immediately notify the director if the person knows or has reasonable grounds to believe that a burial site or the cataloged land contiguous to a cataloged burial site is being disturbed or may be disturbed contrary to the requirements of
subs. (4) and
(5).
157.70(3)(b)
(b) Upon receipt of any notice under
par. (a), the director shall determine if the burial site which is the subject of the notice has been cataloged under
sub. (2) (a).
157.70(4)
(4) Procedure for uncataloged burial sites. 157.70(4)(a)(a) If the director determines that a burial site reported under
sub. (3) is not cataloged under
sub. (2) (a), he or she shall immediately notify the owner of the burial site of the procedure under this subsection and of the liabilities and penalties which apply for failure to comply with the procedure. If the director deems it appropriate, he or she may give notice to the board, and to any person who has or may have an interest in the burial site, that a burial site has been reported under
sub. (3).
157.70(4)(b)
(b) No owner who has received notice under
par. (a) may in any way intentionally cause or permit any activity which would disturb the burial site which is the subject of the notice unless authorized by the director under
par. (c) 2. or
(d).
157.70(4)(c)1.1. Using information available concerning the burial site and the proposed activity, the director shall determine whether the proposed activity will disturb the burial site and whether the registry under
sub. (2) (e) shows that any person has an interest in the burial site.
157.70(4)(c)2.
2. If the director determines that the proposed activity will not disturb the burial site or will disturb a burial site in which no person is shown on the registry under
sub. (2) (e) to have an interest, he or she shall notify the owner of the owner's right to cause or permit the activity.
157.70(4)(c)3.
3. If the director determines that the proposed activity will disturb a burial site in which any other person who is not the owner is shown on the registry under
sub. (2) (e) to have an interest and that the interest is substantial, the director shall notify the owner that the owner may not cause or permit the activity unless the owner does one of the following:
157.70(4)(c)3.a.
a. Subject to
s. 157.111, authorizes the director or a qualified archaeologist approved by the director to excavate the burial site to remove and analyze any human remains and objects related to the burial in the burial site from the burial site within a reasonable time, beginning within 30 days of when ground conditions permit, for disposition under
sub. (6).
157.70(4)(c)3.b.
b. Changes the proposed activity so as not to disturb any burial site.
157.70(4)(d)
(d) If the director determines that an owner has satisfied the requirements under
par. (c) 3., he or she shall notify the owner of the owner's right to cause or permit any activity which is in keeping with the owner's action under
par. (c) 3.
157.70(4)(e)
(e) If under
par. (c) 3. a. all human remains and objects related to the burial in a burial site reported under
sub. (3) (a) are not removed from the burial site, the director shall enter the burial site into the record prepared under
sub. (2) (a).
157.70(4)(f)
(f) The director shall submit a written report to the board of any determination which he or she makes under this subsection.
157.70(5)
(5) Procedure for cataloged burial sites. 157.70(5)(a)(a) No person may intentionally cause or permit the disturbance of a cataloged burial site or the cataloged land contiguous to a cataloged burial site without a permit from the director issued under this subsection.