157.70(2j)(a)3.3. Newly discovered evidence that, if known at the time of the determination to record in the catalog, and taking into account the types of evidence required to be considered under sub. (2c), would have resulted in a determination not to record the burial site or land in the catalog.

157.70(2j)(b)1.1. If the director proposes to remove land from the catalog under par. (a), the director shall notify the owner, interested persons listed on the registry under sub. (2) (e), county or local historical societies, the relevant municipality, and, if applicable, the person who submitted an application to have the site recorded in the catalog of the director’s proposal to remove the land from the catalog, and invite those persons to submit comments on the proposal. The director shall allow comments for a period of no less than 60 days.

157.70(2j)(b)2.2. Following the expiration of the comment period under subd. 1., the director shall review any comments submitted, make any appropriate modifications in response to those comments, and issue a decision regarding removal of the land from the catalog. The director shall provide notice of his or her decision to the persons notified under subd. 1.

157.70(2j)(b)3.3. Within 30 days after the date of the notice described in subd. 2., a person notified under subd. 1. may appeal the director’s decision to the board. The board shall review the director’s decision and issue a decision as to whether the land should be removed from the catalog.

157.70(2j)(b)4.4. Within 30 days after the date of the board’s decision under subd. 3., a person notified under subd. 1. shall have the right to a contested case hearing regarding whether the land should be removed from the catalog. A hearing under this subdivision shall be conducted by the division.

157.70(2j)(b)5.5. If no appeal of a decision to remove land from the catalog is filed within the period specified under subd. 3., if a decision to remove land from the catalog is upheld by the board following an appeal to the board under subd. 3. and no hearing is requested under subd. 4., or if a decision to remove land from the catalog is upheld by the division following a hearing requested under subd. 4., the director shall immediately do all of the following:

157.70(2j)(b)5.b.b. Submit a request to the register of deeds for the county in which the land is located to record a notice that the land has been removed from the catalog.

157.70(2m)(a)(a) Meet at least every 3 months.

157.70(2m)(b)(b) Determine which Indian tribes have an interest in any burial site or class of 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 burial site or class of burial sites.

157.70(2m)(d)(d) As it deems necessary, review determinations of the director and the division under sub. (5).

157.70(2m)(e)(e) As it deems necessary, review disposition actions taken by the director under sub. (6).

157.70(2m)(f)(f) As it deems appropriate, approve transfers of burial sites under sub. (6m) (b) 2.

157.70(2m)(g)(g) Hold hearings and issue decisions under sub. (2g) (a).

157.70(2m)(h)(h) Review decisions of the director and issue decisions regarding removal of land from the catalog under sub. (2j) (b) 3.

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)(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.

157.70(4)(a)(a) If the director determines that a burial site reported under sub. (3) (a) is not cataloged, he or she shall immediately provide the person who made the report under sub. (3) (a) with confirmation that the report has been received and shall also 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 notify the board, and 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.