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 4190.102 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means 20 ILCS 3435, the Archeological and
				  Paleontological Resources Protection Act.
"Adequate historical documentation" is information verifiable
				  through at least two of the following types of independent sources: public
				  records, deeds, maps, and other written and oral sources.
"Agency" means the Illinois Historic Preservation
				  Agency.
"Agency Archaeologist" means an archaeologist who is
				  certified at Level III under Section
				  4190.405(d)(3)
				   of this Part and who is head of the Agency
				  archaeology program.
"Archaeological resource" means any significant material
				  remains or localities of past human life or activities on public land
				  including, but not limited to, artifacts, historic and prehistoric human
				  skeletal remains, mounds, earthworks, shipwrecks, forts, village sites, or
				  mines. Coins, bullets and unworked minerals and rocks shall not be considered
				  archaeological resources for purposes of the Act and this Part unless found in
				  a direct physical relationship with archaeological resources as defined in this
				  Section.
"Attorney General" means the Attorney General of the State of
				  Illinois.
"Certified professional archaeologist" means an archaeologist
				  certified by the Agency as described in Subpart D of this Part.
"Certified professional paleontologist" means a
				  paleontologist certified by the Agency as meeting the requirements under
				  Subpart D of this Part.
"Director" means the Director of the Agency.
"Disturb" includes defacing, mutilating, injuring, exposing,
				  removing, destroying, desecrating or molesting in any way. It does not include
				  surface collecting of aerially exposed paleontological resources or removal of
				  common invertebrate fossils with a small hand tool, such as a rock
				  hammer.
"Field investigation" means the study by a certified
				  archaeologist of archaeological resources or by a certified paleontologist of
				  paleontological resources at any land or water location by means of surveying,
				  sampling, excavating, or removing subsurface objects or going on a site with
				  that intent.
"Final report" is the documentation of field work and
				  anaylsis of the materials recovered and the physical context in which they were
				  present followed by the interpretation of the site.
"Grave artifacts" means all relics, specimens, or objects of
				  a historical, prehistorical, cultural, archaeological or anthropological nature
				  of human manufacture or use which may be found above or below the surface of
				  the earth and which were associated with human skeletal remains in any
				  unregistered grave.
"Grave markers" are any tombs, monuments, stones, ornaments,
				  mounds, or other items of human manufacture that is associated with an
				  unregistered grave.
"Historic significance" means that the Director has
				  determined that the archaeological resource has yielded or is likely to yield
				  information concerning past patterns of human settlement, or artifacts or
				  information concerning cultures in Illinois of more than 50 years ago.
"Human skeletal remains" or "human remains" means any part of
				  the body of a deceased person in any stage of decomposition in a context
				  indicating substantial evidence for an intentional or unintentional burial; or
				  a disarticulated or articulated skeleton.
"Illinois Inventory of Archaeological and Paleontological
				  Sites" shall be as described in Subpart C of this Part.
"Inventory" means the Illinois Inventory of Archaeological
				  and Paleontological Sites as described in Subpart C of this Part.
"Material remains of past human life or activities" refers to
				  any physical evidence of human habitation, occupation, use or activity. Such
				  items of evidence include, but are not limited to:
surface, subsurface, or submerged structures (a specific
				  example includes, but is not limited to, shipwrecks),
shelters, facilities (specific examples include, but are not
				  limited to, forts and mines),
features (specific examples include, but are not limited to:
				  domestic structures, human-made mounds, earthworks, canals, reservoirs,
				  horticultural garden areas, rock alignments, cairns, middens, kilns, and post
				  molds),
surface, subsurface, or submerged concentrations or scatters
				  of artifacts,
whole or fragmentary tools, implements, containers, weapon
				  projectiles, clothing, and ornaments (specific examples of these include, but
				  are not limited to: pottery and other ceramics, basketry, cordage, weavings,
				  coins, bullets, bottles and other glassware, flaked stone, bone, metal, wood,
				  hide, feathers, and pigments),
by-products of manufacture or use of human-made or natural
				  materials, organic waste (specific examples include, but are not limited to:
				  vegetal and animal remains, coprolites),
rock carvings, rock paintings, intaglios, and other works of
				  artistic or symbolic representation,
rockshelters or caves containing any of the foregoing
				  materials,
the physical site or location of any of the foregoing,
any portion or piece of any of the foregoing.
"Material remains of past life or traces" refers to any
				  physical parts of plants or animals, other than humans, and evidence for the
				  existence of past life. Such items of evidence include, but are not limited
				  to:
complete or partial specimens of bones, teeth, and other body
				  parts including, but not limited to, feathers, scales, and cuticles of
				  vertebrate animals,
complete or partial specimens of skeletons, both organic and
				  inorganic, including, but not limited to, chitin, cuticle, mineral constituents
				  such as calcite and aragonite of shells, and other body parts of invertebrate
				  animals,
complete and partial specimens of plant parts including, but
				  not limited to, leaves, stems, flowers, spores, pollen, cuticles, fruiting
				  bodies (e.g., seeds), roots, rhizomes, and tubers; and
complete and partial specimens of traces of life including,
				  but not limited to, casts, molds, impressions, carbonizations, tracks, and
				  stains.
"Mid-continental Region" means that part of the United States
				  that falls within the states of Wisconsin, Michigan, Illinois, Indiana, Ohio,
				  Kentucky, Tennessee, Georgia, Alabama, Mississippi, Louisiana, Arkansas,
				  Missouri, eastern Iowa and southeastern Minnesota.
"Museum" means the Illinois State Museum.
"Museum Director" means the Director of the Illinois State
				  Museum.
"Paleontological resource" means any significant fossil or
				  material remains of past life, other than human, on public lands including
				  traces or impressions of animals or plants that occur as part of the geological
				  record that are known and are included in the files maintained by the Illinois
				  State Museum under Section 10 of the Act.
"Permit" means a permit issued by the Agency pursuant to the
				  Act and this Part.
"Person" means any natural individual, firm, trust, estate,
				  partnership, association, joint stock company, joint venture, corporation or a
				  receiver, trustee, guardian or other representative 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.
"Primary rock body or sedimentary unit" means the rocks or
				  sediments that occur in the location of their original deposition.
"Public land" means any land owned, but does not include land
				  leased as lessee, by the State of Illinois or its agencies, a State university
				  created by statute, a municipality or a unit of local government.
"Significant material remains or localities" means any
				  archaeological resource that:
is listed in the National Register of Historic Places;
has been formally determined by the Director to be eligible
				  for listing in the National Register of Historic Places as defined in the
				  National Historic Preservation Act (
				  16 U.S.C.
				  470 ) and its regulations;
has been nominated by the Director and the Illinois Historic
				  Sites Advisory Council for listing in the National Register of Historic
				  Places;
meets one or more of the criteria for listing in the National
				  Register of Historic Places ( 36 CFR 60 ), as determined by the Director or is
				  listed in the Illinois Register of Historic Places.
"Site" means the physical location of archaeological or
				  paleontological resources.
"Unregistered grave" means any grave or location (including
				  any unmarked burial site) where a human body has been buried or deposited, that
				  is over 100 years old, and that is not in a cemetery registered with the State
				  Comptroller under the Cemetery Care Act [760 ILCS 100 ].