Ill. Admin. Code tit. 17, § 4190.104 - Unexpected Discovery of Archaeological and Paleontological Resources on Public Lands
a)
Notification of Agency. Any person knowing or having reasonable grounds to
believe that archaeological or paleontological resources protected by the Act
are being disturbed, destroyed, defaced, mutilated, removed, excavated or
exposed shall, as soon as possible, notify the Director and a local
representative of the responsible land-managing agency.
b) Discovery of an Unregistered Grave Over
100 Years Old or an Unmarked Burial Site. Pursuant to the Human Skeletal
Remains Protection Act [20 ILCS 3440 ], any activity that has disturbed or may
disturb burial remains, a grave, any grave marker (including a mound), or any
grave artifacts shall cease immediately upon discovery. The land managing
agency and the Illinois Historic Preservation Agency shall be contacted
immediately. If human skeletal remains have been disturbed or discovered, the
county coroner must be notified within 48 hours. If the coroner determines the
site is not a crime scene, then jurisdiction shall be under the Human Skeletal
Remains Protection Act and under 17 Ill. Adm. Code 4170, as applicable. No
activity that affects the location of burial remains, a grave, a grave marker
(including a mound), or grave artifacts may resume without
authorization.
c) Notification of
Owner of Record of Statutory Requirements.
1)
If a disturbance or impending disturbance of archaeological or paleontological
resources is reported to the Director by a person other than the owner of
record, the Director shall notify the owner of record of the site, by telephone
or other telecommunications media if possible and by letter with delivery
receipt service, of the reported or impending disturbance of the archaeological
and paleontological resources, the requirement that a permit be obtained prior
to such disturbance and the liabilities and penalties upon the owner of record
for any violation of the Act.
2) In
instances where the disturbance or impending disturbance of an archaeological
or paleontological site for which specific legal boundaries have not been
determined is reported to the Director, the Director may require all activity
that may disturb the site to cease until the type of resources and specific
legal boundaries can be determined in a method approved by the Director. Such
activities shall not resume unless specifically authorized by the
Director.
Notes
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a) Notification of Agency. Any person knowing or having reasonable grounds to believe that archaeological or paleontological resources protected by the Act are being disturbed, destroyed, defaced, mutilated, removed, excavated or exposed shall, as soon as possible, notify the Director and a local representative of the responsible land-managing agency.
b) Discovery of an Unregistered Grave Over 100 Years Old or an Unmarked Burial Site. Pursuant to the Human Skeletal Remains Protection Act [20 ILCS 3440 ], any activity that has disturbed or may disturb burial remains, a grave, any grave marker (including a mound), or any grave artifacts shall cease immediately upon discovery. The land managing agency and the Illinois Historic Preservation Agency shall be contacted immediately. If human skeletal remains have been disturbed or discovered, the county coroner must be notified within 48 hours. If the coroner determines the site is not a crime scene, then jurisdiction shall be under the Human Skeletal Remains Protection Act and under 17 Ill. Adm. Code 4170, as applicable. No activity that affects the location of burial remains, a grave, a grave marker (including a mound), or grave artifacts may resume without authorization.
c) Notification of Owner of Record of Statutory Requirements.
1) If a disturbance or impending disturbance of archaeological or paleontological resources is reported to the Director by a person other than the owner of record, the Director shall notify the owner of record of the site, by telephone or other telecommunications media if possible and by letter with delivery receipt service, of the reported or impending disturbance of the archaeological and paleontological resources, the requirement that a permit be obtained prior to such disturbance and the liabilities and penalties upon the owner of record for any violation of the Act .
2) In instances where the disturbance or impending disturbance of an archaeological or paleontological site for which specific legal boundaries have not been determined is reported to the Director, the Director may require all activity that may disturb the site to cease until the type of resources and specific legal boundaries can be determined in a method approved by the Director. Such activities shall not resume unless specifically authorized by the Director.