Illinois Administrative Code › Title 17 - CONSERVATION › Part 4170 - RULES FOR THE PROTECTION, OF HUMAN REMAINS, GRAVE ARTIFACTS, GRAVE MARKERS AND UNREGISTERED GRAVES › Subpart A - PROTECTION OF UNMARKED HUMAN BURIAL SITES AND UNREGISTERED GRAVES › Section 4170.210 - Determination of Kinship or Related Group

Current through Register Vol. 48, No. 28, July 12, 2024
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.