Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart A - PROTECTION OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Section 4190.103 - Coordination With Other Statutes

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