Section 4190.102 Definitions

Section 4190

Section 4190.102  Definitions

"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

Archaeologist" means an archaeologist who is certified at Level III under

Section 4190.405(d)(3) and who is head of the Department's 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 Department

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.

"Department"

means the Department of Natural Resources

"Director"

means the Director of the Department.

"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

epartment"

means the Department of Natural Resources

"Director"

means the Director of the Department.

"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 analysis 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

f 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

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

s, 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 Department 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

niversity 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].