Bill Text: MI HB5874 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Natural resources: other; cultural resource management; provide for. Creates new act.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-06-27 - Bill Electronically Reproduced 06/27/2024 [HB5874 Detail]
Download: Michigan-2023-HB5874-Introduced.html
HOUSE BILL NO. 5874
A bill to provide for the responsibilities of the department of natural resources, the state historic preservation office, and other state agencies concerning archaeology, Native American cultural items, and certain discoveries of human remains.
the people of the state of michigan enact:
(a) "Department" means the department of natural resources.
(b) "SHPO" means the state historic preservation office of the Michigan economic development corporation.
Sec. 3. The department shall do all of the following:
(a) Fulfill this state's archaeological responsibilities under the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, except as otherwise provided in MCL 324.63510, 324.63523, 324.63524, and 324.63545.
(b) Set priorities and establish best practices for archaeology on state-owned lands and bottomlands.
(c) Identify and document archaeological resources on state-owned lands and bottomlands, and assist in the management of those resources.
(d) Serve as the basic contact regarding archaeology for state agencies involved with projects that are not federally assisted or permitted.
(e) In consultation with representatives of federally recognized tribes in this state, establish communication protocols regarding archaeological investigations of Native American sites and inadvertent discoveries of Native American human remains except investigations and discoveries that occur at the site of a federally assisted undertaking subject to 54 USC 306108.
(f) Issue permits to perform archaeological exploration on state-owned lands or bottomlands or on lands managed by the department.
(g) Work with the department of environment, Great Lakes, and energy on proposed mining projects from the beginning of exploratory work for a potential mine and participate in the review of mining permit applications under subchapter 4 or 5 of chapter 3 of article III of the natural resources and environmental protection act, 1994 PA 451, MCL 324.63101 to 324.63714 and 324.64101 to 324.64111.
(h) Serve as the contact for law enforcement agencies notified of the inadvertent discovery of human remains on public or private land.
(i) Provide archaeological expertise, guidance, and consultation for all of the following:
(i) The underwater salvage and preserve committee created in section 76103 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.76103, and other state offices, committees, agencies, and departments.
(ii) The Michigan Underwater Preserve Council, Inc.
(iii) The National Oceanic and Atmospheric Administration and other federal agencies.
Sec. 5. The SHPO shall work to make access to all parts of the state archaeological site file, including, but not limited to, electronic data read and write ability, available equally to archaeologists in the department and the SHPO.
Sec. 7. The department and the SHPO shall collaboratively do all of the following:
(a) Manage and curate the state archaeological collections according to curation standards under 36 CFR part 79.
(b) Ensure the completeness and accuracy of the state archaeological site file.
(c) Respond to requests for archaeological site file information under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, subject to section 13(1)(o) of the freedom of information act, 1976 PA 442, MCL 15.243.
Sec. 9. The department and state government archaeologists that are not within the department shall do all of the following:
(a) Provide archaeological expertise and support for local, state, federal, and Native American tribal entities.
(b) Comply with the Native American graves protection and repatriation act, 25 USC 3001 to 3013, and regulations promulgated thereunder.
(c) Provide advice regarding archaeological site discovery and private artifact collections.
(d) Provide archaeological technical assistance, information, and training.
(e) Serve as contacts for the public for inadvertent discoveries of archaeological resources or cultural artifacts on private land.
(f) Provide education, interpretation, and outreach about Michigan archaeology.
Sec. 11. Within 60 days after the effective date of this act, state departments shall update all relevant information disseminated to the public, Native American tribes, organizations, and local, state, and federal partners so that it is consistent with this act.
Sec. 13. This act does not apply to any location, archaeological resource, or archaeological activity under the jurisdiction of the Mackinac Island state park commission.
