reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.200 - Notice of Undertaking

Current through Register Vol. 48, No. 28, July 12, 2024
a) As early
				in the planning process as possible, written notice pursuant to Section 4(a) of
				the Act shall be delivered to the Preservation Services Division of the
				Illinois Historic Preservation Agency. The written notice shall include, at a
				minimum:
1) a brief description of the
				proposed undertaking, including identification of State agency
				involvement;
2) a map and other
				description of the location of the proposed undertaking as appropriate,
				including known prior land uses; and
3) current photographs of all structures
				above ground within the Area of Potential Effects, any history generally known
				about the area or known previous surveys.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.250 - Identification of Historic Resources

Current through Register Vol. 48, No. 28, July 12, 2024
a) If the Director does not issue a no effect
				finding within 30 days after receipt of the notice for the undertaking, the
				Director will consult with the State agency to determine the documentation
				necessary to identify and evaluate historic resources within the Area of
				Potential Effects. Documentation requirements may include, but is not limited
				to, archaeological surveys and testing, historic surveys, detailed histories of
				individual structures, and proposed architectural plans. The Director may
				require an on-site inspection by qualified professionals or appropriate staff
				to determine presence of historic resources. During documentation consultation,
				the Director will make available to the State agency such lists and maps as are
				available at the office of IHPA.
b)
				If the Director determines that no historic resources as defined in Section
				3(c) of the Act exist within the Area of Potential Effects, he will notify the
				agency within thirty (30) calendar days after receipt of complete documentation
				(i.e., sufficient documentation to apply the criteria of the National Register
				of Historic Places). The agency will then have complied with the law and may
				proceed with the undertaking.
c) If
				the Director determines that historic resources as defined in Section 3(c) of
				the Act exist within the Area of Potential Effects, he will notify the State
				agency within thirty (30) calendar days after receipt of complete documentation
				and inform the agency of the likelihood of an adverse effect.
d) The State agency may proceed with an
				undertaking if no response is received from IHPA within forty five (45)
				calendar days after date of completed documentation.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.300 - Determination of Effect

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Director shall apply the criteria of adverse effect as defined in Section 3(d)
				of the Act and deliver his conclusion to the State agency.
b) The Director may conclude that no effect
				or no adverse effect will occur based on the documentation submitted by the
				State agency. In these instances, upon receipt of written notice to that effect
				from IHPA, the State agency will have fulfilled its responsibilities pursuant
				to the Act. In some cases, the Director may issue a no adverse effect finding
				with conditions. In this case, the State agency will fulfill its
				responsibilities pursuant to the Act by meeting the conditions and notifying
				the Director in writing.
c) If the
				Director concludes, in consultation with the State agency, that an adverse
				effect exists, the State agency shall initiate the consultation process
				outlined in Section
				4180.350.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.350 - Consultation Process for Adverse Effects

Current through Register Vol. 48, No. 28, July 12, 2024
a) To initiate the consultation process, the
				Director and the State agency shall consult to determine such further
				investigation of various alternatives as is necessary to determine all feasible
				and prudent alternatives to the undertaking as originally proposed in order to
				avoid, minimize or mitigate the identified adverse effects.
b) In addition to the State agency and IHPA,
				consulting parties may include State agencies, local governments, local
				not-for-profit groups and other parties of interest as agreed to by the State
				agency and the Director. The State agency and the Director may agree to call a
				public information meeting to obtain public comment concerning the proposed
				undertaking and its effects on historic resources pursuant to Section
				4180.450.
c) After consideration of the information
				collected during the consulting process, if the State agency and the Director
				agree upon a feasible and prudent alternative which eliminates the adverse
				effect, the Director shall conclude that there is no adverse effect and, upon
				receipt of written notice to that effect from IHPA, the State agency will have
				fulfilled its responsibilities under the Act.
d) After consideration of the information
				collected during the consulting process, if the State agency and the Director
				agree upon a feasible and prudent alternative which minimizes or mitigates the
				adverse effect, or if they determine that there are no feasible and prudent
				alternatives, the Director shall execute a Memorandum of Agreement as provided
				in Section 4(d) of the Act within thirty (30) calendar days. Other consulting
				parties shall have the opportunity to concur with the Agreement if they will be
				responsible for carrying out any of the terms specified in the agreement. Upon
				ratification of the Memorandum of Agreement and carrying out its terms, the
				State agency will have fulfilled its responsibilities under the Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.400 - Failure to Agree

Current through Register Vol. 48, No. 28, July 12, 2024
If the State agency and the Director fail to agree upon the
				  existence of a feasible and prudent alternative and cannot execute a Memorandum
				  of Agreement, the State agency shall call a public meeting pursuant to Section
				  4(e) of the Act. The purpose of the public meeting is to solicit the opinions
				  and recommendations of national, State and local units of government, public
				  and private organizations, and private individuals. Public meetings shall be
				  carried out pursuant to Section
				  4180.450.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.450 - Public Meeting

Current through Register Vol. 48, No. 28, July 12, 2024
a) The State
				agency shall give notice of a public meeting at least thirty (30) calendar days
				before the date of the public meeting. Notice shall be placed in a newspaper of
				general circulation in the area in which the proposed undertaking is to occur.
				The notice shall include the following information:
1) The date, time, and place of the public
				meeting;
2) The purpose of the
				public meeting;
3) A description of
				the undertaking;
4) A description
				of the resources involved; and
5)
				The procedure for offering written or oral testimony.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.500 - Mediation Committee Appointment and Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director shall appoint five persons to
				serve on the Historic Preservation Mediation Committee pursuant to Sections
				4(e) and (f) of the Act. The Director shall serve as Chairman of the Committee.
The Committee shall have the power to write By-Laws and Rules
				  governing operation. The IHPA shall provide education and staff support
				  necessary to conduct business. Members shall serve without compensation but
				  shall have expenses reimbursed by IHPA.
b) If, within fourteen (14) calendar days
				after the public meeting, the State agency and Director fail to agree, the
				State agency shall submit documentation to the Committee as specified in
				Section 4(e) of the Act. The document shall contain, at a minimum:
1) Description of the proposed
				undertaking;
2) Description of the
				resources affected;
3) Alternatives
				considered and reasons for their rejection; and
4) A written transcript of the public
				meeting.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.550 - Emergency Undertakings

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				emergency undertaking is an action by a State agency necessary to prevent an
				imminent threat to property or public health or safety. Such an undertaking
				shall be considered an emergency if the action must be implemented within
				thirty (30) calendar days, usually due to a natural disaster or emergency
				declared by the Governor or a local government's chief elected official. In
				such instances, the State agency shall informally consult with IHPA staff to
				the extent practical to explain reasons for declaring the emergency and take
				into account IHPA recommendations.
b) As soon as possible after taking the
				action, the State agency shall report to the Director concerning the reasons
				for the emergency action taken, including impacts on historic resources and
				measures taken to mitigate adverse impacts.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.600 - Categorical No Effects

Current through Register Vol. 48, No. 28, July 12, 2024
The State agency and the Director may enter into a written
				  agreement stating that a repetitive undertaking or a certain class of
				  undertakings shall have no effect on historic resources, thereby waiving the
				  requirement for review of each action covered by the agreement. To qualify, a
				  State agency shall assign a staff person to carry out the terms of such
				  agreement. Such agreements shall be subject to review for amendment or
				  revision. Examples include: minor sewer rehabilitation, in-kind bridge repair,
				  licensing private wells, and highway maintenance.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.650 - Programmatic Agreements

Current through Register Vol. 48, No. 28, July 12, 2024
The State agency and the Director may enter into a written
				  agreement stating that a repetitive undertaking or certain class of
				  undertakings or a large complex undertaking may have an adverse effect on
				  historic resources and may detail the measures to be undertaken to minimize or
				  mitigate the adverse effects programmatically. Such agreements are appropriate
				  when adverse effects to specific resources are anticipated but unknown at the
				  time consultation occurs. Such agreements shall be for a specified period of
				  time and shall be subject to review for amendment or revision. Examples
				  include: major land acquisitions, routine maintenance at State-owned complexes,
				  master management plans or statewide loan programs involving similar work
				  items.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.700 - Foreclosure

Current through Register Vol. 48, No. 28, July 12, 2024
If the State agency fails to notify the Director of an
				  undertaking in accordance with Section 4(a) of the Act, the Director shall
				  advise a State agency that the State agency has not afforded IHPA a reasonable
				  opportunity to comment. If the State agency objects to this finding, the
				  Director shall consider consultation concluded and initiate Sections 4(e) and
				  (f) of the Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4180 - RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS › Subpart B - REVIEW PROCEDURES › Section 4180.750 - Resources Discovered During Undertaking Implementation

Current through Register Vol. 48, No. 28, July 12, 2024
When the State agency has fully complied with the Act and
				  finds resources during the implementation of the project not subject to
				  treatment in a previously executed agreement or other finding by the Director,
				  the State agency shall cease, or cause to stop, any activity having an effect
				  on the resource and consult with the Director to determine a treatment plan for
				  any historic resources affected by the undertaking. If the State agency and the
				  Director cannot agree upon a treatment plan, the matter shall be brought before
				  the Mediation Committee within fourteen (14) calendar days for immediate
				  resolution. Portions of the project not affecting the discovered resources may
				  proceed.
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 4190.101 - Purpose of Rules

Current through Register Vol. 48, No. 28, July 12, 2024
This Part implements the provisions and intent of the
				  Archeological and Paleontological Resources Protection Act [20 ILCS 3435 ]. The
				  State reserves to itself the exclusive right to control archaeological and
				  significant paleontological resources on public lands in order to protect and
				  preserve scientific and cultural information, artifacts, and materials. As part
				  of that process, this Part mandates the maintenance of a State site file
				  containing all known archaeological and significant paleontological resource
				  locations and set standards for professional archaeologists and paleontologists
				  working on public lands within the State of Illinois. Furthermore, it is the
				  purpose of this Part to encourage the preservation and protection of
				  archaeological and paleontological resources on both private and public lands
				  and to discourage their exploitation and destruction by vandalism, looting,
				  commercial development, and construction. Publicly-owned resources should be
				  considered as scientific and educational preserves that are held in trust for
				  future generations and will be given the highest level of preservation and
				  protection from both planned and unplanned disturbances. This Part is not
				  intended to discourage collection of common invertebrate and/or plant fossils
				  by educational groups, the scientific community, and the public where not
				  otherwise prohibited. Invertebrate fossils are very common in the rocks of
				  Illinois. This Part is intended for archaeological resources, significant
				  paleontological resources, and extremely significant invertebrate and plant
				  fossil localities on public lands.
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 4190.104 - Unexpected Discovery of Archaeological and Paleontological Resources on Public Lands

Current through Register Vol. 48, No. 28, July 12, 2024
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.
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 4190.105 - Review of Final Reports

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall review final reports within 45 days after
				  receiving a complete draft. If the Agency does not find the report acceptable,
				  it shall provide specific comments concerning any problem. The Agency will
				  receive at least two copies of the final report. The land owning agency will
				  receive at least one copy of the final report. The Museum will receive at least
				  one copy of the final report, which will be among the materials provided to the
				  Museum for curation. Final reports shall include the following:
a) Transmittal Statement that will
				substantiate:
1) The land on which the
				excavation occurred has been returned to its normal use or the intended use
				that was interrupted by the discovery and/or excavations of the archeological
				or paleontological resources.
2)
				Written evidence of the transfer of any excavated or removed archaeological or
				paleontological resources and project records to the Museum if that has already
				been accomplished, or a statement that final disposition at the Museum will be
				accomplished within 30 days.
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 4190.106 - Custody and Curation

Current through Register Vol. 48, No. 28, July 12, 2024
a) Title to
				Archaeological and Paleontological Resources. Archaeological and
				paleontological resources excavated or removed from public lands shall remain
				the property of the State of Illinois (see
				20 ILCS
				3435/1 ). All artifacts, implements and material found
				or discovered by illegal disturbances or authorized or permitted field
				investigations, explorations, or excavations shall be delivered to
				representatives of the Museum within 30 days after the Agency acceptance of the
				final report unless arranged otherwise with the Museum.
b) Archaeological and Paleontological Reports
				and Field Records. All original field records, notes, photographs and other
				project documentation shall be deposited at the Museum within 30 days after the
				Agency acceptance of the final report unless arranged otherwise with the
				Museum.
c) Conservation. All
				archeological materials collected under this Part will be maintained in
				appropriate conditions as defined in 36 CFR 79, "Curation of Federally-Owned
				and Administered Archeological Collections" (1990). Paleontological materials
				collected under this Part will be curated following the same general standards
				established above for archeological collections.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart B - PROHIBITED ACTS; PENALTIES › Section 4190.201 - Prohibited Acts; Notification of Agency

Current through Register Vol. 48, No. 28, July 12, 2024
a) Discovery of Archaeological or
				Paleontological Resources. Any person who discovers archaeological or
				paleontological resources or is aware of the illegal disturbance of such
				protected resources on public lands shall immediately notify the
				Director.
b) No Disturbance
				Permitted. It is unlawful for any person, either by himself or through an
				agent, to knowingly disturb archaeological or paleontological resources on
				public land, except as authorized under the Act and this Part.
c) No Sale or Other Transfer of
				Archaeological or Paleontological Resources. It is unlawful for any person,
				either by himself or through an agent, to sell, purchase, exchange, transport,
				possess, or receive any archaeological or paleontological resources protected
				by this Act with the knowledge that they have been collected or excavated in
				violation of this Act.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart B - PROHIBITED ACTS; PENALTIES › Section 4190.202 - Criminal Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Class A
				Misdemeanor - Violations. Any violation of Section 3 of the Act not involving
				the disturbance of human skeletal remains is a Class A misdemeanor. A violator
				is subject to imprisonment for not more than one year and a fine not in excess
				of $5,000. Any subsequent violation is a Class 4 felony. Each disturbance that
				takes place at an archaeological or paleontological site constitutes a separate
				offense. (See Section 5 of the Act.)
b) Class 4 Felony - Violations. Any violation
				of Section 3 of the Act which involves the disturbance of human skeletal
				remains is a Class 4 felony and the violator shall be subject to imprisonment
				and a fine. Each disturbance of an unregistered grave, a grave marker or grave
				artifacts constitutes a separate offense. (See Section 5 of the Act.)
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart B - PROHIBITED ACTS; PENALTIES › Section 4190.203 - Civil Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Authority to Assess Civil Penalty. The Agency may assess a civil penalty
				against any person who has violated any prohibition contained in the Act, any
				regulation promulgated by the Agency pursuant to the Act or any term or
				condition included in a permit. Section 5 of the Act also allows civil damages
				to be assessed by the land managing agency.
b) Notice of Violation. The Agency shall
				serve a notice of violation upon any person believed to be subject to a civil
				penalty, either in person or by registered or certified mail (return receipt
				requested). The Agency shall include in the notice:
1) A concise statement of the facts believed
				to show a violation;
2) A specific
				reference to the provisions of the Act or this Part allegedly
				violated;
3) The amount of penalty
				proposed to be assessed, including any initial proposal to mitigate or remit
				where appropriate, or a statement that notice of a proposed penalty amount will
				be served after the damages associated with the alleged violation have been
				ascertained;
4) Notification of the
				right to file a petition for relief pursuant to subsection (d) of this Section.
				The notice shall also inform the person of the right to seek judicial review of
				any final administrative decision assessing a civil penalty.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart B - PROHIBITED ACTS; PENALTIES › Section 4190.204 - Civil Damages

Current through Register Vol. 48, No. 28, July 12, 2024
a) Generally.
				Persons convicted of a violation of Section 3 of the Act shall also be liable
				for civil damages to be assessed by the Agency. Civil damages may include:
1) forfeiture of any and all equipment used
				in disturbing the protected archaeological or paleontological
				resources;
2) any and all costs
				incurred in cleaning, restoring, analyzing, accessioning and curating the
				recovered materials;
3) any and all
				costs associated with restoring the land to its original contour or the site to
				its original condition;
4) the
				archaeological or paleontological value, the cost of restoration and repair,
				and any and all costs associated with recovery of data, and analyzing,
				publishing, accessioning and curating materials when the prohibited activity is
				so extensive as to preclude the restoration of the site;
5) any and all costs associated with the
				reinterment of human skeletal remains;
6) any and all costs associated with the
				determination and collection of the civil damages. (See Section 5(a) through
				(e) of the Act.)
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart B - PROHIBITED ACTS; PENALTIES › Section 4190.205 - Penalty Amounts

Current through Register Vol. 48, No. 28, July 12, 2024
a) Maximum
				Amounts. The maximum penalty for any misdemeanor violation of Section 3 of the
				Act is $5,000 per disturbance. The maximum penalty for any felony violation of
				Section 3 is $10,000 per disturbance.
b) Determination of Penalty Amount,
				Mitigation, and Remission. The Agency may assess a penalty amount less than the
				maximum amount of penalty and may offer to mitigate or remit the penalty.
1) Determination of the penalty amount and/or
				a proposal to mitigate or remit the penalty may be based upon any of the
				following factors:
A) Agreement by the person
				being assessed a civil penalty to return to the State all archaeological or
				paleontological resources removed;
B) Agreement by the person being assessed a
				civil penalty to assist the Director in activity to preserve, restore, or
				otherwise contribute to the protection and study of archaeological or
				paleontological resources in Illinois;
C) Agreement by the person being assessed a
				civil penalty to provide information which will assist in the detection,
				prevention, or prosecution of violations of the Act;
D) Demonstration of hardship or inability to
				pay, provided that this factor shall only be considered when the person being
				assessed a civil penalty has not been found to have previously violated the Act
				or regulations promulgated thereunder;
E) Determination that the person being
				assessed a civil penalty did not willfully commit the violation;
F) Determination that the proposed penalty
				would constitute excessive punishment under the circumstances;
G) Determination of other mitigating
				circumstances appropriate to consideration in reaching a fair and expeditious
				assessment.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart B - PROHIBITED ACTS; PENALTIES › Section 4190.206 - Rewards

Current through Register Vol. 48, No. 28, July 12, 2024
Section 3.2 of the Act provides for rewards of up to $2,000
				  to be made to persons who furnish information which leads to arrest and
				  conviction for a criminal violation. The Director may certify to the State
				  Comptroller that a person is eligible to receive payment. Officers and
				  employees of federal, tribal, State, or local government who furnish
				  information or render service in the performance of their official duties, and
				  persons who have provided information under Section
				  4190.205(b)(1)(C),
				  shall not be certified eligible to receive payment of
				  rewards.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart C - ILLINOIS INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL SITES › Section 4190.301 - Purpose of Inventory

Current through Register Vol. 48, No. 28, July 12, 2024
In order to ensure that the scientific knowledge about
				  prehistoric, historic, and submerged archaeological sites and paleontological
				  sites with their associated historic, cultural, archaeological, and
				  paleontological resources are not willfully or unnecessarily destroyed or lost,
				  and to preserve information with respect to their location and condition, the
				  Museum shall maintain an Illinois Inventory of Archaeological and
				  Paleontological Sites, and the Agency shall cooperate in the development and
				  maintenance of the inventory, as required in Section 10 of the Act. Such site
				  information shall also include site data generated pursuant to the Illinois
				  Inventory of Burial Sites (see 17 Ill. Adm. Code 4170) when the site contains
				  human remains, graves, grave markers (including mounds) or grave artifacts. The
				  Inventory shall indicate the accurate location of each known archaeological or
				  paleontological site.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart C - ILLINOIS INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL SITES › Section 4190.302 - Inventorying of Archaeological and Paleontological Sites

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Inventory Form shall contain the
				following information, to the extent known:
1)
				The name and address of the individual completing the form.
2) Documentation of the site.
3) Photographic prints of each site with
				burials, including a black and white photograph of each individual mound, to
				document its current condition. The photograph shall be either an original
				print at least 5 inches by 7 inches or an original contact sheet and the
				negatives.
4) A township, range and
				section description and Universal Transverse Meridian coordinates of the site's
				location, including sufficient buffer land necessary to protect the site until
				its specific legal boundaries are defined.
5) A sketch showing the known area of the
				site and any salient observable features.
6) A copy of the pertinent United States
				Geological Survey 7.5 minute topographic quadrangle map noting the location of
				the site.
7) References to previous
				recorded information on the site.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart C - ILLINOIS INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL SITES › Section 4190.303 - Release of Site Information

Current through Register Vol. 48, No. 28, July 12, 2024
Following Section 10 of the Act, information contained in the
				  Illinois Inventory of Archaeological and Paleontological Sites may only be
				  released in accordance with the following:
a) Professional archaeologists or
				paleontologists may have access to site and location information for their
				respective fields as needed for their specific project by request to the Agency
				Archaeologist responsible for the Inventory.
b) Governmental bodies may have access to
				information and location of sites located within lands that they own or manage
				for the purposes of protecting, preserving and managing those archaeological
				and paleontological resources or as needed for specific planning or management
				needs by written request to the Agency Archaeologist responsible for the
				Inventory. These governmental bodies shall not release this information to any
				other person or organization without the authorization of the Agency.
c) Release of general information (not
				including site location and ownership) to the public about archaeological or
				paleontological resource sites listed in the Illinois Inventory of
				Archaeological and Paleontological Sites shall generally be available, but the
				Agency shall not release such information when it is believed that such a
				release may endanger the resource.
d) Site location information and site
				ownership (when it would help indicate site location) shall not be released.
				Information about the character of a site that would help indicate site
				location shall not be released.
e)
				Release of information under this Section shall be subject to an applicable fee
				for duplication and processing. The fee schedule shall be in accordance with
				Agency rule (2 Ill. Adm. Code 1951.Appendix B).
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart D - CERTIFICATION OF PROFESSIONAL ARCHAEOLOGISTS AND PALEONTOLOGISTS › Section 4190.401 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
This Subpart establishes minimum standards of education and
				  experience for archaeologists and paleontologists to qualify as professionals
				  for the purpose of conducting activities on public land under the Act and this
				  Part. It is the purpose of this Part to ensure that individuals who have the
				  proper education, training, and experience are engaged in the investigation of
				  the State's limited archaeological and paleontological
				  resources.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart D - CERTIFICATION OF PROFESSIONAL ARCHAEOLOGISTS AND PALEONTOLOGISTS › Section 4190.402 - Certification Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
All supervisory personnel carrying out paleontological
				  activities or archaeological field investigations pursuant to this Part must be
				  certified by the Illinois Historic Preservation Agency. Persons need only meet
				  the certification requirements for the type of site and level of work (as
				  applicable) for the specific project they intend to conduct.
a) All field personnel who perform any
				supervisory archaeological field activities covered under this Part must be
				certified, at a minimum, as supervisory archaeological field technicians.
				Persons certified only at this level shall not be the persons in charge of a
				project or of the field work. Persons certified at this level may assist in the
				supervision of field work.
b)
				Persons responsible for and in charge of archeological field investigations
				must be certified for the appropriate kind of site and at the appropriate level
				as follows:
1) Level I (as defined in Section
				4190.405(d)(1)
				 of this Part) in order to be qualified to
				supervise Phase I initial reconnaissance survey and identification-level
				archeological field investigations, which are projects involving pedestrian
				survey and minimal subsurface testing such as shovel-testing and coring to
				provide preliminary data concerning the location, size, density, and periods of
				occupation of sites.
2) either a
				Level II prehistoric or Level II historic archeologist depending on the type of
				site occupation in order to be qualified to supervise Phase II test excavation
				projects, which are limited scale excavation archeological field investigations
				involving subsurface testing to evaluate the physical context, age, function,
				integrity and significance of archeological resources.
3) either a Level III prehistoric or Level
				III historic archeologist depending on the type of site occupation in order to
				be qualified to supervise Phase III excavation projects, which are total
				mitigation data recovery or large-scale complete excavation field projects
				designed to recover and interpret maximum archeological information from a site
				area.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart D - CERTIFICATION OF PROFESSIONAL ARCHAEOLOGISTS AND PALEONTOLOGISTS › Section 4190.403 - Application Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
An individual wishing to apply for certification as a
				  professional archaeologist or paleontologist under this Part shall submit a
				  letter of request indicating the level of certification requested along with
				  appropriate documentation to the Chief Archaeologist, Illinois Historic
				  Preservation Agency, Preservation Services Division, 500 East Madison Street,
				  Springfield IL 62701. Documentation shall be of sufficient detail to
				  demonstrate the applicant fulfills the requirements or the requested
				  certification level and shall include a copy of a certified university
				  transcript indicating the applicant's fulfillment of the requirements of the
				  appropriate degree. All applicants for archaeological certification shall
				  submit with their application documentation a signed statement indicating that
				  they shall:
a) Abide by the Illinois
				Professional Archaeologists "Code of Ethics" and "Standards of Research
				Performance" as presented in Subpart E of this Part.
b) Actively participate in the recording of
				archaeological resources by submitting new and updated site information
				regarding their own or their organization's work to the Illinois Inventory of
				Archaeological and Paleontological Sites and the Illinois Inventory of Burial
				Sites in a timely manner that at a minimum shall be on a biannual
				basis.
c) Assist in the protection
				of archaeological resources by providing information to the Agency on any
				potentially illegal project or activity on public lands that may endanger such
				resources.
d) Not enter into any
				contractual or other agreement that prevents them from providing information on
				archaeological or paleontological resources to the Agency.
e) Provide as part of their application
				documentation a full disclosure of all overdue archaeological reports,
				associated site forms, and uncurated collections and documentation within the
				State of Illinois for which the individual has a contractual or legal
				responsibility to complete and submit. This information shall include the
				contracting agency/party, project history, report and curation status, and
				projected plans for completion, including the concurrence of the party for whom
				the project was done.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart D - CERTIFICATION OF PROFESSIONAL ARCHAEOLOGISTS AND PALEONTOLOGISTS › Section 4190.404 - Requirements for Supervisory Archaeological Field Technician Certification

Current through Register Vol. 48, No. 28, July 12, 2024
A State certified professional supervisory archaeological
				  field technician must, at a minimum:
a) have been awarded a bachelor's degree,
				from an accredited college or university, in archaeology, anthropology, or
				another germane discipline, including, but not limited to, history, classics or
				geoarcheology, and:
1) have 16 weeks of
				supervised field training in time blocks of at least 4 weeks duration. At least
				half of this experience must be in field investigation excavation (Phase II or
				Phase III), and
2) have 8 weeks of
				supervised laboratory analysis or curation experience, which may be accumulated
				on a part-time basis; or
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart D - CERTIFICATION OF PROFESSIONAL ARCHAEOLOGISTS AND PALEONTOLOGISTS › Section 4190.405 - Requirements for Supervisory Professional Prehistoric or Historic Field Archaeologist Certification

Current through Register Vol. 48, No. 28, July 12, 2024
In addition to meeting the requirements of Section
				  4190.404,
				  a State certified supervisory professional prehistoric or historic field
				  archaeologist must meet all of the following:
a) have fulfilled the requirements of either
				subsection (a)(1) or (a)(2) below:
1) a
				graduate degree, from an accredited college or university, in archaeology,
				anthropology, or another germane discipline, including, but not limited to,
				history, classics or geoarcheology; or
2) fulfilled the requirements of Section
				4190.404
				as well as having successfully completed an additional 36 months of
				professional field investigation experience under the direction of persons that
				the Agency has determined meet the qualifications of Section
				4190.405
				of this Part, including at least 18 months of field supervisory experience, by
				December 31, 1999. The individual's 36 months of experience must be within
				historic archaeology to be certified as a Historic Field Archaeologist or
				within Mid-continental Region prehistoric archaeology to be certified as a
				Prehistoric Field Archaeologist.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart D - CERTIFICATION OF PROFESSIONAL ARCHAEOLOGISTS AND PALEONTOLOGISTS › Section 4190.406 - Requirements for Certified Professional Underwater Archaeologist

Current through Register Vol. 48, No. 28, July 12, 2024
At a minimum, a State certified professional underwater
				  archaeologist must:
a) Fulfill the
				requirements for a certified supervisory archaeological field
				technician.
b) Have one year of
				relevant North American freshwater lake and river underwater field and related
				laboratory experience including at least two weeks of underwater survey
				techniques, 24 weeks of supervised underwater fieldwork, 20 weeks of
				supervisory underwater archaeological fieldwork, 8 weeks supervised training in
				the application of stabilization and conservation methods as they pertain to
				waterlogged materials, and the design and execution of an underwater
				archaeological study.
c) Have one
				year of experience in the operation of remote sensing devices in an underwater
				environment for the purposes of discovery and evaluation of archaeological
				resources. Six months of this time must be supervised by a specialist in the
				use of underwater remote sensing devices.
d) Provide documentation demonstrating diving
				competency (including current certification by a recognized national diving
				organization).
e) Demonstrate,
				through fieldwork and reports, knowledge of both archaeological and archival
				data pertaining to historic watercraft and shipping on North American lakes and
				rivers.
Illinois Administrative Code › Title 17 - CONSERVATION › Part 4190 - THE PROTECTION, TREATMENT, AND INVENTORY OF ARCHAEOLOGICAL AND PALEONTOLOGICAL RESOURCES ON PUBLIC LANDS › Subpart D - CERTIFICATION OF PROFESSIONAL ARCHAEOLOGISTS AND PALEONTOLOGISTS › Section 4190.407 - Requirements for a Certified Professional Paleontologist

Current through Register Vol. 48, No. 28, July 12, 2024
At a minimum, a State certified professional paleontologist
				  must be a licensed professional geologist under the auspices of the
				  Professional Geologist Licensing Act [225 ILCS 745 ] that has a specialization
				  in paleontology or all of the following:
a) have been awarded a graduate degree, from
				an accredited organization, in paleontology or another germane discipline,
				including, but not limited to, geology, biology or zoology, with a
				specialization in paleontology.
b)
				have designed and executed a paleontological study as evidenced by an M.A. or
				M.S. thesis, Ph.D. dissertation, or a report equivalent in scope and quality.
				It is recognized that in some cases an individual may have prepared several
				small reports that, cumulatively, are comparable to an M.A. or M.S. thesis. If
				the applicant's name does not appear on a document that a person authored, a
				letter verifying the actual authorship must be solicited and submitted from the
				person, firm, or agency that issued the report. In any case the reports must
				indicate that the person has the ability to conduct the field work with
				appropriate methods and complete the report as outlined in this
				Section.
c) have access to
				facilities and services or be associated with an organization that provides, as
				appropriate to the scope of the project, the necessary:
1) office space and furniture;
2) laboratory space, furniture, and equipment
				for analysis of specimens and data;
3) special facilities such as darkroom,
				drafting facilities, conservation laboratory, etc.;
4) permanent allocation of space, facilities,
				and equipment for proper maintenance of collections and records located within
				the State of Illinois;
5) field
				equipment such as vehicles, surveying instruments, etc.;
6) research library;
7) administrative and fiscal control
				services;
8) security
				system;
9) technical specialists
				such as photographers, curators, conservators, etc.; and
10) report production services.
Individuals or organizations lacking certain facilities or
				  services may satisfy these requirements through cooperative agreements with
				  other organizations. The paleontologist must furnish a letter detailing access
				  to facilities meeting the requirements of this subsection (c), or if associated
				  with an organization, a letter from an authorized organizational official
				  detailing the applicant's association and indicating the organization's
				  commitment to meeting the requirements of this subsection (c).