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 4170.110 - Definitions

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