Section 4190.104 Unexpected Discovery of Archaeological and Paleontological Resources on Public Lands

Section 4190

Section 4190.104  Unexpected

Discovery of Archaeological and Paleontological Resources on Public Lands

a)         Notification of Department.  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 Department

of Natural Resources 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

roner 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.