Exceptions to the need to acquire a permit do not constitute
a release from ownership, curation, or other Sections of the Act or other Parts
of this Chapter. However, archeologists or paleontologists conducting projects
under other laws as listed in Section 8 of the Act or in this Section below, do
not need to meet the certification requirements or need a permit under this
Act. Persons conducting projects under those laws or exceptions shall meet the
authorization and professional qualification requirements of those laws. The
following is a list of those other laws and activities:
a) Work is not required to be conducted by a
certified archaeologist or paleontologist, or under a permit issued pursuant to
the Act or this Part, if:
1) the proposed work
consists of archaeological survey and/or data recovery undertaken and agreed to
in writing by the Agency pursuant to Section 106 of the National Historic
Preservation Act (
16 U.S.C.
470 ) or the activities are permitted
pursuant to the Federal Surface Mining Control and Reclamation Act of 1977 (
30
U.S.C.A. 1201 et seq.) or the rules and regulations promulgated thereunder or
under any law, rule or regulation adopted by the State of Illinois
thereunder.
2) the proposed work
consists of archaeological survey and/or data recovery undertaken and agreed to
in writing by the Agency pursuant to the Illinois State Agency Historic
Resources Preservation Act [20 ILCS 3420 ]. However, when a State agency's
monies are used to support an archaeological research project, a permit and
these services of a certified archaeologist or paleontologist shall be required
if there is no impending or planned development or construction.
3) the person conducting the activities is
conducting activities under other permits, leases, licenses, or entitlements
for use, when those activities are exclusively for purposes other than the
excavation and/or removal of archaeological or paleontological resources.
However, if during the course of such work, archaeological or paleontological
resources are discovered, the provisions of Section
4190.104
of this Part are applicable.
4) the
person is collecting on private lands.
5) the person is visiting, diving on,
viewing, electronically recording, photographing, mapping, drawing, or
otherwise recording archaeological or paleontological resources provided that
such activities do not result in the disturbance of or unauthorized collection
of these resources.
6) the work
consists of surface collecting of aerially exposed paleontological resources
that are not covered by the primary rock body or sedimentary unit that has
preserved the paleontological resources or removal of common invertebrate
fossils with a small hand tool, such as a rock hammer, unless otherwise
prohibited. Items collected under this exemption are not subject to claim by
the State.
b) No permit
is required for the research, service, or educational activities of certified
paleontologists or licensed geologists, including persons under their
supervision, employed by the Illinois State Geological Survey and Illinois
State Museum of the Illinois Department of Natural Resources. Both the Museum
and State Geological Survey are legislatively mandated to conduct geological
research and educational programs.
c) No permit is required for the research,
service, or educational activities of certified archaeologists employed at the
Museum when conducting non-ground disturbing Phase I archaeological surveys on
public lands. However, they shall comply with the notification and
documentation requirements in Sections 6(c) and 8(a) of the Act.
d) Investigations by Agency Personnel. No
permit is required for any certified archeologist carrying out official Agency
duties under the Act or this Part. However, the Agency shall comply with the
notification and documentation requirements in Section 6(c) of the
Act.
e) No Release from
Requirements or Restrictions Under Other Laws. Under federal and other Illinois
statutory, regulatory, or administrative authorities governing the use of
public lands, authorizations may be required for activities which do not
require a permit from the Agency. Any person wishing to conduct on public lands
any activities related to, but believed to fall outside the scope of, the Act
and this Part should consult the Agency or the unit of government believed to
have authority with respect to such activity for the purpose of determining
whether any authorization is required. No release from the need to acquire
permission of any public land managing agency to conduct work on their land is
granted by any authorization or exemption under the Act or this Part.
f) If the proposed work consists of
archeological survey, testing or excavations undertaken and agreed to in
writing by the Agency pursuant to the Human Skeletal Remains Protection Act [20
ILCS 3440 ], certification may be required.