TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.100 PURPOSE OF RULES (REPEALED)
Section 4170.100 Purpose of
Rules (Repealed)
(Source: Repealed
at 48 Ill. Reg. 2189, effective January 25, 2024)
 | TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.110 DEFINITIONS
Section 4170.110 Definitions
"Act"
means the Human Remains Protection Act [20 ILCS 3440].
"Adequate
historical documentation" is information verifiable through the following
types of independent sources: church records, deeds, treaties, atlases, maps, Tribal
knowledge, and any other written and oral sources.
"Archaeological
materials" means any remains of past human life or activities, as well as
the physical site, location, or context in which those remains are found.
"Attorney
General" means the Attorney General of the State of Illinois.
"Coroner"
has the same meaning and duties as defined in Division 3-3 of the Counties Code
[55 ILCS 5/Art. 3, Div. 3-3].
"Cultural-historical
affiliation" means an association with a recognized historical age and
cultural group.
"Department"
or "DNR" means the Illinois Department of Natural Resources.
"Department
archaeologist" means the chief of the Department archeology program.
"Director"
means the Director of the Department of Natural Resources.
"Disturb"
or "disturbance" includes excavating, removing, exposing, probing,
defacing, mutilating, destroying, molesting, or desecrating in any way human
remains, unregistered graves, grave artifacts, and grave markers.
"Encounter"
means to come upon human remains, grave artifacts, grave markers, or
unregistered graves at a location where such viewing was not expected or
anticipated. [20 ILCS 3440/1]
"Field
investigation" means the examination by a professional archaeologist of
the traces of human culture at any land or water location by means of
surveying, sampling, excavating, or removing subsurface objects or going on a
site with that intent.
"Grave
artifacts" means any item of human manufacture or use that is associated
with human remains in any unregistered grave. [20 ILCS 3440/1]
"Grave
contents" means human remains, grave artifacts, or grave markers.
"Grave
markers" means any tombs, monuments, stones, ornaments, mounds, or other
item of human manufacture that are associated with an unregistered grave. [20
ILCS 3440/1]
"Human
remains" include the bones and decomposed fleshy parts of a
deceased human body. [20 ILCS 3440/1]
"Kinship"
or "kin" means lineal, affinal or legal relationship, whose biological,
legal or affinal relationship can be demonstrated by genealogy, legal
documentation, or forensic methods.
"Owner of
record" means the person in whose name the real property appears on the
records of the county Recorder of Deeds.
"Permit"
means a permit issued by the Department pursuant to the Act.
"Person"
means any natural individual, firm, trust, estate, partnership, association,
joint stock company, joint venture, limited-liability company, corporation or a
receiver, trustee, guardian or other representatives appointed by order of the
court, the Federal and State governments including State universities, created
by statute or any city, town, county or other political subdivision of this
State. [20 ILCS 3440/1]
"Professional
archaeologist" shall be those archaeologists that are certified pursuant
to 17 Ill. Adm. Code 4190, Subsection D.
"Public
lands" means any land owned or administered by the State, a State
university, a municipality or a unit of local government.
"Related
Group" means the governmental body or recognized leaders of a Tribal
Nation, religious organization, ethnic affiliate, or any other group that can
make a claim based on adequate historical documentation of the human remains, unregistered
graves, and/or grave markers.
"Repatriation"
for the purposes of this Part, means that the Department has recognized a claim
regarding grave contents by a lineal descendant, Tribal Nation, or any other entity
or related group through the presentation of adequate historical documentation
and the process by which such grave contents are returned to the claimant.
"Site"
means all mounds, forts, earthworks, village locations, burial grounds, ruins,
mines, caves, or locations of past human life or activities which are the
physical location of archaeological materials or may be the source of grave
artifacts.
"Treatment
plan" means a plan for the avoidance, removal, reburial, disposition,
curation, or repatriation of grave contents that has been approved by the
Department.
"Tribal"
or "Tribal Nation" means a Native American or Alaska Native entity
that is recognized as having a government-to-government relationship with the
United States, with the responsibilities, powers, limitations, and obligations
attached to that designation, and is eligible for funding and services from the
Bureau of Indian Affairs.
"Tribal
consultation" means a form of communication centered in trust, respect and
shared responsibility that upholds Tribal sovereignty. It is a free and open
process where the exchange of information and opinions are shared among the
participating parties. [20 ILCS 3440/1]
"Tribal
knowledge" means the generational sum of experiences, wisdom, or research
present in a tribal Nation as a result of their existence and relationship with
the land.
"Undertaking"
means any project, activity, or construction that can result in changes to,
disturbance of, moving, or destruction of human remains, grave artifacts, grave
markers or unregistered graves. [20 ILCS 3440/1]
"Unregistered
grave" means any grave or location where a human body has been buried or
deposited, is over 100 years old and is not in a cemetery registered with or
licensed by the State Comptroller under the Cemetery Care Act or under the
authority of the Illinois Department of Financial and Professional Regulation
pursuant to the Cemetery Oversight Act, whichever is applicable. [20 ILCS
3440/1]
(Source:
Amended at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.200 NOTIFICATION AND INVESTIGATION OF UNREGISTERED GRAVES AND GRAVE CONTENTS LOCATED ON REAL PROPERTY
Section 4170.200 Notification
and Investigation of Unregistered Graves and Grave Contents Located on Real
Property
a) If the Department is in possession of credible information
that leads the Department to conclude that there is a likelihood that
unregistered graves or grave contents are located on real property, then the
Department shall notify the owner of the real property in writing of such
information. This notification shall include the requirements under the Act to
obtain a permit before any undertaking may take place on the real property that
the Department determined likely to contain unregistered graves or grave contents.
b) Notification of Owner of Record of Permit Requirements.
The Department
may recommend that a general archaeological field investigation of the
suspected location of unregistered grave or grave contents be conducted by a
professional archaeologist. If Native American unregistered graves or grave
contents are encountered, invasive archaeological field investigations must be
conducted with the approval of Tribal Nations.
(Source:
Amended at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.210 DETERMINATION OF KINSHIP OR RELATED GROUP
Section 4170.210
Determination of Kinship or Related Group
a) After grave contents from the unregistered grave are
encountered the Department shall attempt to identify kinship related to the
grave contents. The Department shall review any adequate historical
documentation that is available to the Department to determine kinship. If
kinship is established, the Department shall notify, by registered mail, those
people or entities that have a kinship relation with the grave contents.
Repatriation or care of the human remains shall be subject to the written
permission of the kin who notify the Department within 30 days after the mailing
notification that kinship is accepted.
b) If kinship cannot be established, then the Department shall
attempt to determine if there is a related group or groups that would have an
affiliation with the grave contents through adequate historical documentation.
c) If the Department determines that the grave contents are
affiliated with a related group that is Native American in origin, the
Department will notify any and all related Tribal Nations of the encounter of
the grave contents or unregistered grave and invite the Tribal Nations to
consult on the proposed treatment plan pursuant to Section 4170.220. If no
Tribal Nation accepts the invitation or no Tribal National responds in writing
within 30 days after receiving the invitation, then the Department will proceed
with its determination as to any permit application. If a Tribal Nation or
Nations accept the invitation, then the Department will consult with the Tribal
Nation or Nations within 30 days after the acceptance of the invitation, unless
a later date is agreed to by the Department and all of the Tribal Nation or
Nations. Such consultation shall occur if the invitation is accepted before
the Department issues a permit pursuant to this Part. Repatriation or
reinterment is subject to Section 14 of the Act.
d) If the Department determines that the grave contents are
affiliated with a related group or groups that is not Native American in
origin, the Department will notify any and all related groups of the
encounter. Such notification may be by mail or by publication. Repatriation
or care of the human remains and grave contents shall be subject to the written
permission of the related group who notify the Department in writing within 30
days after the mailing of the notification that the related group status is
accepted by a group notified by the Department.
e) If the origin of the grave contents cannot be determined, the
Department may, at its discretion, give public notice of any excavation of
grave contents subject to the jurisdiction of the Department pursuant to the
Act. Such public notice shall include, but not be limited to, notice in a
newspaper of general circulation in the county where the unregistered grave or
grave contents are situated for two consecutive weeks, in an effort to determine
the identity of the kin or related group of the grave contents. Any person or
group claiming kinship or a related group relationship to the grave contents must
produce adequate historical documentation establishing that relationship. The
Department shall review and verify the claim before grave contents are
transferred to the person or group claiming kinship or related group status
with the grave contents.
(Source:
Amended at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.220 TRIBAL CONSULTATION
Section 4170.220 Tribal
Consultation
When an unregistered grave, human remains or grave contents
are encountered and believed to be Native American in origin, the Department
will use adequate historical documentation to determine the contemporary Tribal
Nations that have an affiliation with the unregistered grave, human remains or
grave contents. The Department will create a contact list of affiliated Tribal
Nations. The Department's notice to the contact list shall include: details
regarding the materials that have been encountered; a report of their condition;
information about how the encounter occurred; which affiliated Tribal Nations
have been identified; and an invitation to attend a consultation meeting that
shall occur no sooner than 45 days after notification. Notice may be by letter
or electronic communication. If a Tribal Nation intends to participate in the
consultation meeting, then a response indicating attendance must be sent to the
Department within 30 days after the notice is issued. Tribal Nations may
attend the consultation in person, attend virtually, or submit written comments
to the Department. The Department shall gather information related to the
history of the location, details regarding the encounter and a proposed draft
treatment plan for discussion with the Tribal Nations during the consultation.
If an emergency exists, pursuant to Section 4170.300(c), Tribal consultation
may occur sooner than this Section requires if all Tribal Nations that
indicated they wish to participate and the Department agree that Tribal
consultation shall occur on an expedited basis.
(Source: Added at 48 Ill. Reg. 2189,
effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.300 PERMIT APPLICATION
Section 4170.300 Permit
Application
a) Application for Preservation Work to Unregistered Graves. Those
wishing to probe the ground to locate and recover buried grave markers and to
clean, repair or reset grave markers in an unregistered cemetery must obtain a
permit from the Department. The application shall be on a form provided by the
Department. The application shall provide the following information:
1) The applicant's name and address;
2) The proposed cemetery preservation plan, including, but not
limited to the location and address of the cemetery;
3) The applicant's knowledge of the nature of the remains;
4) The rationale for the proposed disturbance;
5) Proof of ownership of the applicant of the land that the
proposed cemetery preservation undertaking is occurring on or written
permission from the landowner granting permission for the proposed cemetery
preservation undertaking to occur; and
6) Any additional information or documentation that the
Department requests to ensure the preservation or protection of unregistered
graves and grave contents.
b) Application for Undertaking.
If an
undertaking will occur on property that the property owner has been notified in
writing by the Department that the land is likely to contain human remains,
unregistered graves, grave markers, or grave artifacts, a permit shall be
obtained by the landowner from the Department. If human remains, unregistered
graves, grave markers, or grave artifacts were unknown and were encountered by
any person, a permit shall be obtained from the Department before any work on
the undertaking may continue. [20 ILCS 3440/13(a) and (b)] The application
shall be on a form provided by the Department. The applicant shall provide the
following information:
1) The name, address, email address and telephone number of the
applicant and the owner or record.
2) The nature and extent of the undertaking.
3) The origin of the unregistered grave and grave contents that
is known to the applicant and owner of record.
4) The location, address, and locational maps of the undertaking,
including GPS coordinates.
5) A proposed time schedule for the undertaking, including the
proposed schedule for excavation or avoidance.
6) Proof of ownership of the land that the undertaking is
occurring on, or written permission from the landowner granting permission for
the undertaking to occur.
7) A statement regarding whether preservation in place of the
human remains, unregistered graves or grave contents is or is not feasible. If
preservation in place is not feasible, then additional information outlining
economic, construction, or social needs (e.g., contemporaneous construction or
development of the property, agricultural activity, mining) requiring
expedition in the removal of unregistered graves or grave contents is required.
8) If preservation in place is not feasible in the opinion of the
permit applicant, the applicant’s proposed funding source, timetable, and
available professional expertise for removal of unregistered graves or grave
contents.
9) A draft treatment plan.
10) Any and all information detailing whether the undertaking
involves either State or Federal funding, licenses, permits, or approvals.
11) The names, addresses, email addresses, and telephone numbers of
the individuals proposed to be responsible for conducting the removal or
excavation, including those people proposed to be responsible for carrying out
any terms or conditions of the permit, including detailed resumes of the key
project personnel (e.g., the principal investigator, field director, and staff
directing any specialized analysis proposed), institutional affiliation, if
any, and evidence of education.
12) Evidence that personnel named as responsible for site excavations
in subsection (b)(11) of this Section are certified as Field Archaeologists
Level II or III, under the Archaeological and Paleontological Resources
Protection Act [20 ILCS 3435] and 17 Ill. Adm. Code 4190.
13) Evidence that all excavations and analysis of unregistered
graves and grave contents will be performed under the supervision of a human
osteologist certified under subsection (e) of this Section.
14) Evidence of the ability of the applicant or those individuals
listed pursuant to subsection (b)(12) of this Section to initiate, conduct, and
complete the proposed work within the proposed timeframe, including evidence of
funding, logistical support, laboratory facilities and evidence of past timely
and successful completion of similar scale projects.
15) Evidence that an adequate program of site security to protect unregistered
graves and grave contents from theft, vandalism, or inclement weather will be
maintained during all work performed under this permit.
16) If known, the specific boundaries of an unregistered grave.
17) If the draft treatment plan involves removal of grave contents
and those items cannot be transferred to the Department immediately upon
excavation, the university, museum, funeral home, government agency, or other
scientific or educational institution proposed as a temporary repository of
materials and proof that the temporary repository entity possesses adequate
curatorial capability for safeguarding and preserving the grave contents and
all associated records during such temporary repository.
18) The applicant has certified that, not later than 60 days after
the date the report of investigation is submitted to the Department, all grave
contents and copies of records, data, photographs, and other documents resulting
from work conducted under the requested permit will be delivered to the Department
in compliance with the Department's curation and recordation policy regarding
human remains, unregistered graves, grave artifacts, and grave markers.
c) Emergency Excavations.
In instances
where unregistered graves or grave contents are encountered and the Department
determines that it is not feasible to leave the unregistered grave or grave
contents in place, and there is a high likelihood that the current conditions
of the encounter, that are outside the control of the person or entity
encountering the remains, may lead to destruction or irreparable damage to the
unregistered grave or grave contents, or an emergency exists affecting public
health, safety, or property, the Department shall authorize the excavation and
analysis of the unregistered graves or grave contents at no cost to the owner
of record by a professional archaeologist or human osteologist approved by the Department.
All costs related thereto shall be borne by the professional archaeologist or
skeletal analyst or other person employing or authorizing such excavation and
analysis.
d) Excavation by Department Personnel. Department employees
carrying out official Department duties required under the Act need not follow
the permit application procedures of this Section. However, the Department
shall comply with all other requirements of this Part and the Act.
e) Certification of Human Osteologist. The following are the minimum
standards of education and experience to be certified as a human osteologist
for the purpose of conducting activities under the Act and this Part. The
applicant must:
1) Have designed and executed a human osteological study as
evidenced by a graduate thesis or dissertation, or a report equivalent in scope
and quality and been awarded a graduate degree, from an accredited institution,
in archaeology, anthropology, or another germane discipline with a
specialization in human osteology. It is recognized that in some cases an
individual may have prepared several small reports that, cumulatively, may be
comparable to a graduate thesis;
2) Possess six months of supervised analytical
training/experience in the identification, analysis, and interpretation of
human osteological remains, which may be accumulated on a part-time basis; and
3) Agree in writing to conduct research in accordance with
currently accepted scientific standards as outlined in the Society for
Professional Archaeologists "Standards of Research Performance" and
to know and comply with the Department's curation and recordation policy regarding
human remains, unregistered graves, grave artifacts, and grave markers.
f) Application for Certification. Any individual wishing to
apply for certification under this Section and the Act as a human osteologist
shall submit a letter of request with appropriate documentation to the Department.
Documentation must be sufficient to demonstrate the applicant fulfills the
requirements of subsection (e)(1), (2) and (3).
(Source:
Amended at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.305 DEPARTMENT REVIEW OF PERMIT APPLICATION
Section 4170.305 Department
Review of Permit Application
a) In reviewing an application for a permit pursuant to the Act
and this Part, the Department shall consider:
1) The documentation provided by the applicant pursuant to
Section 4170.300, including if the information is complete and meets the
criteria set out by the Act and this Part;
2) Kin, Tribal consultations, or related group opinions or
comments regarding the disposition of the unregistered graves, human remains,
grave artifacts, or grave markers; and
3) Protection of unregistered graves and grave contents.
b) The Department shall return a permit application to the
applicant without issuing a permit if any information or documentation required
under Section 4170.300 is missing or incomplete.
(Source: Added at 48 Ill. Reg. 2189,
effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.310 ISSUANCE OF PERMITS
Section 4170.310 Issuance of
Permits
a) Each permit shall specify all terms and conditions under
which the avoidance, removal, or disturbance of human remains, grave artifacts,
grave markers, or unregistered graves shall be carried out. [20 ILCS
3440/13(d)]
b) Permit Conditions.
1) In all permits issued, the Department shall specify in writing:
A) The nature and extent of work allowed and required under the
permit, including the time, duration, scope, and location of the avoidance,
disturbance, or removal of unregistered graves and grave contents;
B) The name of the persons responsible for conducting the work
and, if different, the name of the persons responsible for carrying out the
terms and conditions of the permit; and
C) The
Department-approved treatment plan.
2) All permits shall require that a field summary be completed on
the disposition of the unregistered graves and grave contents pursuant to the
treatment plan and shall be delivered to the Department. The Department shall
have 30 days from the date of receipt of the field summary to either approve
the field summary or return the field summary for the completion of additional
work or the filing of additional information. No undertaking shall resume
until after the Department has approved a field summary provided by the
permittee. The Department shall return any field summary that is not approved
and shall set a deadline, in writing, for the submittal of a revised field
summary. Failure to submit the revised field summary within the timeframe set
in the permit shall be considered a withdrawal of the permit application.
3) In order to minimize damage to real property, unregistered
graves, and grave contents and in order to ensure the recording and
preservation of those unregistered graves or grave contents, the permit may set
forth requirements or limitations regarding the methods and equipment to be
employed in the removal or avoidance, the area of investigation to ensure
complete removal or avoidance of all unregistered graves or grave contents, and
the procedures to be followed in documenting the removal or avoidance and the
matters to be covered in the report or reports required to be provided pursuant
to Section 4170.340.
4) The permit may require that an authorized representative of
the Department be present to witness and document the removal of human remains,
unregistered graves, grave markers, or grave artifacts.
5) Unless permit duration is defined within the terms of the
permit, each permit shall expire at midnight one year after the date of its
issuance.
6) The Department may specify such other terms and conditions
deemed necessary, consistent with this Part or the Act. The Department may
add, remove, or modify permit conditions upon receiving new or updated
information.
c) One copy of the permit shall be at the site of the project,
either in the possession of the owner of record, the principal investigator of
the project or a designated professional archaeologist at the project site
while any undertaking is occurring. The permit shall be provided to any
employee of the Department or any member of law enforcement upon request during
normal business hours at the listed address of the permittee or at any time at
the site when work is actively occurring on the land the permit was so issued.
d) Initiation Deemed Acceptance. Initiation of work or other
activities under the authority of a permit signifies the permittee's acceptance
of the terms and conditions of the permit.
e) No Release Until Obligations Satisfied. The permittee shall
not be released from requirements of a permit until all outstanding obligations
have been satisfied, whether or not the term of the permit has expired.
f) Transfer, Extension, or Modification. The permittee may
request that the Department transfer, extend, or modify a permit by written
application only. Such transfer, extension, or modification of the permit
shall become effective only upon review and written transfer, extension, or
modification of the permit by the Department. If a permit is transferred,
extended, or modified, the permit shall be reissued by the Department and shall
include such transfer, extension, or modification. All transfers, extensions,
or modifications shall comply with the Act and this Part.
g) Permits For Terms In Excess of One Year. The permittee's
performance under any permit issued for a period greater than one year shall be
subject to review by the Department at least annually.
(Source:
Amended at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.320 FINANCIAL RESPONSIBILITY (REPEALED)
Section 4170.320 Financial
Responsibility (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.330 SUSPENSION OF PERMITS
Section 4170.330 Suspension
of Permits
a) Suspension of Permits. The Department may suspend a permit if
any of the following conditions occur:
1) Public health or safety is endangered by the continuation of
activities authorized by the permit;
2) Information provided by the permittee to the Department was
willfully misrepresented or false; or
3) The permittee is in violation of:
A) any conditions set forth in the permit as issued by the
Department;
B) the Act; or
C) any of the rules of this Part.
b) Such suspension shall remain in effect until the basis for the
suspension has been mitigated to the satisfaction of the Department.
(Source:
Amended at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.340 REPORTS REQUIRED
Section 4170.340 Reports
Required
a) Field Summary. A Field Summary shall include the following:
1) The location of and count of all encountered unregistered
graves.
2) The field methodologies used for the identification and
removal of unregistered graves and grave contents.
3) A chronology of all actions taken during the course of the
investigation and removal or avoidance of any unregistered grave or grave
contents that is covered by a permit issued pursuant to the Act.
4) A listing of all individuals involved in the actions taken as
reported in subsection (a)(2) and (3).
5) Current storage location of all encountered human remains,
grave artifacts or grave markers.
6) Within 30 days of the conclusion of the field investigation of
the unregistered grave or grave contents, the individual providing such
services shall file a field summary with the Department. Additional time to
file a field summary with the Department may be granted at the discretion of
the Department. Any extension of time to file a field summary shall only be by
written consent of the Department.
b) Report of Investigation
Within 60
days of the completion of the undertaking, the permit holder shall submit a
report, on a form provided by the Department, of the results to the
Department. [20 ILCS 3440/13(d)] A Report of Investigation shall include
the following:
1) Transmittal Statement by the Permittee. The permittee shall
provide a statement that will provide:
A) The final disposition of the grave contents; and
B) Written documentation of the transfer of any excavated or
removed grave contents to the Department.
2) Reports by Professional Archaeologist and/or Human Osteologist.
The professional archaeologist and/or human osteologist identified in the
permit shall also provide the Department with copies of the reports, in the
format required by the Department, containing the following information:
A) Title Page. Each report shall have a title page which
specifies the authors, principal investigator, institution or association,
contractor and source of funds, title of report including the nature and
location of work, and the date the report was prepared.
B) Abstract. The abstract shall clearly summarize the purposes,
location, result of fieldwork, laboratory analysis, if applicable, and any
recommendations of the report and shall include enough information that it
could be quoted as a summary statement.
C) Table of Contents. The table of contents is necessary for
reports exceeding 10 pages in length and should provide page locations for the
various report subdivisions as well as for figures, tables, references cited,
and appendices.
D) Introduction. The introduction shall briefly summarize the
purpose of the investigations and the scope of work (contract requirements),
including any agencies involved, dates of work, principal personnel and
landowners.
E) Physical Setting. The physical setting as it relates to the
understanding of the nature of the unregistered graves shall be described.
Information shall be presented on the geomorphology, soils, vegetation, current
land use, potential for preservation in place, and any other pertinent data. A
map showing the location of the project in the State should be included, as
well as a United States Geological Survey (USGS) quadrangle map; section,
township, and range; GPS coordinates; and any additional maps that clarify
location and setting.
F) Context. A summary of any previous archaeological and/or
historical record of the unregistered graves shall be provided. This section
shall include a description of the information sources consulted, including
published material, and adequate historical documentation.
G) Methods. A statement of procedures used to document and analyze
the unregistered graves, field and laboratory data, and rationale for the
procedures utilized shall be included in the report. The overall field method
and the techniques used in the survey and/or excavation shall be specified.
Maps showing the areas covered by on-site inspection must be included. If multiple
techniques were used, maps or text should specify the techniques used in each
subarea. Each map must be clear, of an appropriate scale, and shall contain a
north arrow, figure caption, and a legend of symbols used. The techniques and
equipment used to document and analyze grave contents and associated data
should be specified.
H) Results. The results of field and/or laboratory investigations
should be presented (along with supportive data) and a synthesis of the work
given. This section must include site descriptions of unregistered graves
surveyed or excavated. The descriptions should include a complete discussion
of the site's historical or archaeological context.
I) Description of Unregistered Graves and Grave Contents. The report
shall include, but not be limited to:
i) The number and context of unregistered graves (including type
of burial, positions, etc.);
ii) a description and analysis of all associated grave markers
and grave artifacts and/or features;
iii) a scale map with the positions of each unregistered grave;
iv) an inventory of the bones and teeth recovered;
v) a description of the general condition of the remains;
vi) a description and analysis of any traumas and pathological
conditions;
vii) assessments of age, sex, stature, and population affiliation;
viii) an evaluation of cultural/historical, ethnic, and Tribal
affiliation;
ix) a description and analysis of nonmetric traits; and
x) evidence used in the identification of specific individuals.
J) Supporting Data. Supporting data for the report must include
lists and descriptions of material remains, photographs of the sites and the
project area figures of excavation details (profiles, plan maps, etc.). The results
should evaluate the unregistered graves; cultural historical, ethnic, and
Tribal affiliation; and cultural/historical context of all of the former in
relationship to the overall scope of the project.
K) Identification. The report shall, if possible, clearly present
the evidence to establish kin, related group, and/or cultural-historical
affiliation.
L) Recommendations. Recommendations and supporting evidence regarding
the possibility of the presence of unregistered graves or grave contents that
were not encountered at the permitted location.
M) Supplementary Statements. The location where the materials and
records have been deposited and are being cared for must be specified in the
report. The nature of the records and curation facility must also be noted.
N) References Cited. References to the files, literature, webpages,
and oral reports which are applicable to the project must be included in the references
cited.
(Source:
Amended at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.350 FORMS
Section 4170.350 Forms
Any form required by the Department pursuant to the Act or
this Part may be requested by contacting the Department at DNR.ILHRPA@illinois.gov,
or may be found on the Department's website at www.dnr.illinois.gov.
(Source: Added at 48 Ill. Reg. 2189,
effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.400 DISPOSITION OF HUMAN REMAINS, GRAVE MARKERS AND GRAVE ARTIFACTS
Section 4170.400 Disposition
of Human Remains, Grave Markers and Grave Artifacts
a) All grave contents shall be turned over to the Department
within 30 days of the acceptance of the report of investigation by the
Department.
b) Items Identified by Kin. If kin can be identified, the
identified kin shall have the authority concerning the ultimate disposition of
the human remains, grave markers, or grave artifacts in the possession of the
Department.
c) Items Identified of a Related Group. If human remains, grave
markers, or grave artifacts in the possession of the Department are identified
as being part of a related group, the Department shall consult with the
identified related groups. The disposition of the human remains, grave markers,
or grave artifacts shall be in accordance with the desires of such related
groups.
d) No Kin or Related Group Identified. Whenever the Department
is unable to identify kin or a related group, or the kin or related group
identified fails to make a recommendation regarding the disposition of human
remains, grave markers, or grave artifacts, the Department shall treat the human
remains, grave markers, and grave artifacts in accordance with its curation and
recordation policies regarding human remains, unregistered graves, grave
artifacts, and grave markers.
e) Other Disposition. Persons or groups may submit to the
Department adequate historical documentation demonstrating their relationship
to specific human remains, grave markers, or grave artifacts. The Department
will review these documents, and after a determination by the Department that
relationship exists, the Department will work towards repatriation of those
items to affiliated kin or related groups.
(Source:
Amended at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.410 TRANSFER OF JURISDICTION OVER HUMAN REMAINS (REPEALED)
Section 4170.410 Transfer of
Jurisdiction Over Human Remains (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.420 APPEALS
Section 4170.420 Appeals
a) Any permittee who receives notice of suspension or revocation,
any permittee contesting a condition of a permit, or any related group or kin contesting
the disposition of human remains, unregistered graves, grave markers, or grave
artifacts may request an administrative hearing.
b) Suspension
Appeal
1) If a permit is suspended or revoked, the permit holder will be
issued a Notice of Suspension/Revocation through U.S. mail. An affidavit of
mailing shall be proof that the notice was received. Notification will contain
the factual and legal reason for the suspension or revocation and shall be sent
by standard U.S. mail.
2) Any person whose permit is suspended or revoked shall have the
right to appeal by filing two copies of the Petition for Hearing. Both copies
of the Petition for Hearing shall be mailed to or filed with:
Illinois Department of Natural Resources
Office of Legal Counsel
One Natural Resources Way
Springfield, IL 627092-1271
3) Petitions must be sent to the Department and postmarked no
later than 30 days after the Notice of Denial was mailed for the petition to be
considered.
4) If a timely Petition for Hearing is not received by the
Department, then the suspension or revocation will be considered final without
further notice.
5) The petition shall be styled "In Human Remains Act Permit
Suspension/Revocation of (name), PETITION FOR HEARING". The petition
shall contain sufficient facts in justification of a hearing and shall be signed
by the Petitioner. The party filing the petition shall be designated the
Petitioner. The Department shall be designated the Respondent.
6) The hearing will be conducted in accordance with the
Department's rules for contested hearings at 17 Ill. Adm. Code 2530, Subpart D.
(Source:
Amended at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.430 DELEGATION OF RESPONSIBILITIES (REPEALED)
Section 4170.430 Delegation
of Responsibilities (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.440 CUSTODY AND CURATION (REPEALED)
Section 4170.440 Custody and
Curation (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.500 SCIENTIFIC TREATMENT AND DISPOSITION OF HUMAN REMAINS TRANSFERRED TO THE ILLINOIS STATE MUSEUM (REPEALED)
Section 4170.500 Scientific
Treatment and Disposition of Human Remains Transferred to the Illinois State
Museum (Repealed)
(Source: Repealed
at 48 Ill. Reg. 2189, effective January 25, 2024)
SUBPART B: PROHIBITED ACTS; PENALTIES
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.600 PROHIBITED ACTS; NOTIFICATION OF DEPARTMENT (REPEALED)
Section 4170.600 Prohibited
Acts; Notification of Department (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.610 CRIMINAL PENALTIES (REPEALED)
Section 4170.610 Criminal
Penalties (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.620 CIVIL PENALTIES (REPEALED)
Section 4170.620 Civil
Penalties (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.630 CIVIL DAMAGES (REPEALED)
Section 4170.630 Civil
Damages (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.640 PENALTY AMOUNTS (REPEALED)
Section 4170.640 Penalty
Amounts (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.650 REWARDS
Section 4170.650 Rewards
At the discretion of the
Department, pursuant to Section 9 of the Act, the Department may advertise a
reward for information leading to the arrest and conviction of any person who
violates the Act. The Director may certify to the State Comptroller that a
person is eligible to receive payment. Officers and employees of federal,
State, or local government who furnish information or render service in the
performance of their official duties shall not be certified eligible to receive
payment of rewards.
(Source: Amended
at 48 Ill. Reg. 2189, effective January 25, 2024)
SUBPART C: ILLINOIS INVENTORY OF BURIAL SITES
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.700 PURPOSE OF INVENTORY (REPEALED)
Section 4170.700 Purpose of
Inventory (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.710 INVENTORYING OF BURIAL SITE (REPEALED)
Section 4170.710
Inventorying of Burial Site (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.720 CONFIDENTIALITY (REPEALED)
Section 4170.720
Confidentiality (Repealed)
(Source:
Repealed at 48 Ill. Reg. 2189, effective January 25, 2024)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 4170
RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES
SECTION 4170.800 BURIAL LOCATION ON DEPARTMENT-OWNED, -MANAGED, OR -LEASED LAND
Section 4170.800 Burial Location on Department-Owned,
-Managed, or -Leased Land
The Department may identify locations for repatriated human
remains, grave artifacts, and grave markers on Department-Owned, -Managed, or-Leased
land using adequate historical documentation and Tribal consultation. The
method of repatriation shall be with Tribal approval.
(Source: Added at 48 Ill. Reg. 2189,
effective January 25, 2024)
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