Indian Burial and Sacred Grounds Watch

indexmission
siteslearnactionlinkscontact

Subjects

Federal laws

State laws

Some preserved sites.

Some history and culture

Controversies Concerning Archaeology

American Indian Voices

News Archive Index

Return to main Learn page


Please inform the webmaster of any broken links!

The Law and American Indian Grave Protection

Illinois Laws

Summaries follow of burial/archaeological laws yielded through a keyword search for "archaeology" and "burial" on 2001 March 30 at the State Historic Preservation Legislation Database found at the NCSL (National Conference of State Legislatures) web site, that database then updated through 1999. These summaries are reprinted under the Fair Use doctrine of international copyright law which may be found at www4.law.cornell.edu/uscode/17/107.html

http://www.ibsgwatch.org is not responsible for any inaccuracies or timeliness of information.


Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3410/ 1 through 3410/ 2
Section Title: Illinois Historic Preservation Act; definitions

Summary:

Designates the director of the Historic Preservation Agency as the state historic preservation officer. Defines "demolish" as raze, reconstruct or substantially alter. Defines "place" as (1) any parcel or contiguous grouping of parcels of real estate under common or related ownership or control, where any significant improvements are at least forty years old, or (2) any aboriginal mound, fort, earthwork, village, location, burial ground, historic or prehistoric ruin, mine case or other location that may be the source of important archeological data. Defines "critical historic feature" as those physical and environmental components that, taken singly or together, make a place eligible for designation as a registered Illinois historic place.

Primary Topic: State Historic Preservation Entities

    Secondary Topic:
    • State Historic Preservation Officer

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3420/6
Section Title: Illinois State Agency Historic Resources Protection Act: review of private undertakings

Summary:

Directs the Historic Preservation Agency to adopt standards, including maps, for determining whether a private undertaking, as defined in 3420/3, will affect a high probability area, as defined in 3420/3, for the statewide occurrence of archeological resources. Directs the Illinois State Museum to propose to the agency maps of such areas for each county in the state, and to make such maps available to interested persons and to file them with all regional planning commissions. Requires the director of historic preservation, prior to adopting such maps for a particular county, to limit review within a county to determining whether there are known archeological sites within the area of the undertaking. Allows the director to require the state agency or the local or private designee responsible for the private undertaking to perform additional archeological investigations if there is a known site within the undertaking. Prohibits the director from requiring archeological investigations for private undertakings outside high probability areas unless the undertaking may affect a known archeological site. Requires archeological investigations for all undertakings in high probability areas unless the director indicates that such investigations are not necessary.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Private Funds
    • Private Property

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3435/.01 through 3435/2
Section Title: Archeological and Paleontological Resources Protection Act: definitions; reservations of right to state

Summary:

Defines an "archeological resource" as any significant material remains or localities of past human life or activities on public land, including artifacts, historic and prehistoric human skeletal remains, mounds, earthworks, shipwrecks, forts, village sites or mines. Defines "person" as any natural individual, firm, trust, association, corporation, etc., or the federal and state governments, including state universities and political subdivisions. Defines "public land" as any land owned by the state, its agencies, a state university created by statute, a municipality or a unit of local government. Reserves for the state the exclusive right and privilege of regulating, exploring, excavating or surveying, through the Historic Preservation Agency, all archeological and paleontological resources found upon or within any public lands. Allows a deed given by the owner of public land to contain a clause reserving to the state a property right in any archeological and paleontological resources or portion thereof and also reserving the right to explore and excavate for the same.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Disposition of Human Remains
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3435/3 through 3435/3.2
Section Title: Archeological and Paleontological Resources Protection Act: violations; prosecutions; reward

Summary:

(3) Declares it to be unlawful for any person, as defined in 3435/.02, either by himself or through an agent, to: (a) explore, excavate or collect any archeological or paleontological resource, as defined in 3435/.02, unless such person obtains a permit issued by the Historic Preservation Agency; (b) disturb knowingly such archeological or paleontological resources; or (c) offer any object for sale or exchange with the knowledge that it has been previously collected or excavated in violation of this act. (3.1) Authorizes the director of the Historic Preservation Agency to request the state's attorney of the county in which such violations are alleged to have occurred, or the attorney general, to initiate criminal prosecutions or to seek civil damages, injunctive relief and any other appropriate relief. Directs persons aware of such violations to contact the agency. (3.2) Authorizes the agency to offer a reward of up to $2,000 for information leading to the arrest and conviction of persons who commit such violations.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Violation / Penalty / Enforcement

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3435/5
Section Title: Archeological and Paleontological Resources Protection Act: penalties; damages

Summary:

Declares that a person commits a Class A misdemeanor who violates 3435/3 not involving the disturbance of human skeletal remains and shall be subject to imprisonment and a fine not in excess of $5,000, with each disturbance of an archeological or paleontological site constituting a separate offense. Directs that each subsequent violation is a Class 4 felony. Declares that a person convicted of a such violations shall also be liable for civil damages to be assessed by the land managing agency and the Historic Preservation Agency, to include: forfeiture of any and all equipment used in acquiring the protected material; any and all costs incurred in cleaning, restoring, analyzing, accessioning and curating the recovered materials; any and all costs associated with restoring the land to its original contour; 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 archeological or paleontological site; and any and all costs associated with the determination and collection of civil damages. Directs that civil damages recovered through the attorney general shall be deposited into the Historic Sites Fund and those recovered through the state's attorney shall be deposited into the county fund designated by the county board.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Violation / Penalty / Enforcement

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3435/6
Section Title: Archeological and Paleontological Resources Protection Act: permits

Summary:

(a) Directs the Historic Preservation Agency, in consultation with the various state agencies owning or managing land for the use of the state, to develop regulations whereby permits may be issued for exploration or excavation of archeological and paleontological resources. Directs the Historic Preservation Agency to issue such permits after consultation with the head of the land managing agency. (b) Requires that permits issued to any person or entity other than the state shall be issued in accordance with regulations promulgated by the Historic Preservation Agency. (c) Requires such permits to specify all terms and conditions under which the investigation shall be carried out, including location and nature of the investigation and plans for analysis and publication of the results. Requires the permit holder to report its results to the Historic Preservation Agency upon completion of the project.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3435/7
Section Title: Archeological and Paleontological Resources Protection Act: record management

Summary:

Requires all materials and associated records to remain the property of the state to be managed by the Illinois State Museum. Directs the museum, in consultation with the Historic Preservation Agency, to establish long-term curation agreements with universities, museums and other organizations.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3435/8
Section Title: Archeological and Paleontological Resources Protection Act: exemptions

Summary:

Exempts from permit requirements established by this act the following: (a) the Illinois State Museum, for lands under its direct management, but requires the museum to register the information regarding such explorations as required under 3435/8 with the Historic Preservation Agency; (b) any state agency or department that has on its staff a professional archeologist or paleontologist who meets the minimum qualifications established in 3435/9 and that has in effect a memorandum of agreement with the Historic Preservation Agency for the protection, preservation and management of archeological and paleontological resources; (c) activities reviewed by the Historic Preservation Agency pursuant to 106 of the National Historic Preservation Act; and (d) local government activities that are funded in whole or in part and are supervised or controlled by a state agency, wherein the state agency shall be responsible for undertaking compliance with this act.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3435/9 through 3435/11
Section Title: Archeological and Paleontological Resources Protection Act: standards of education and experience; files; regulations

Summary:

(9) Directs the Historic Preservation Agency to establish minimum standards of education and experience for an archeologist or paleontologist to qualify as a professional for the purpose of conducting activities for which a permit is required. (10) Directs the Illinois State Museum, in cooperation with the Historic Preservation Agency, to develop and maintain files containing information on known archeological and paleontological sites in the state, whether on state controlled or privately owned property. Directs the agency to ensure the safety of such sites by promulgating regulations limiting access to those files as necessary. (11) Directs the Historic Preservation Agency, in consultation with other state agencies and departments that own or control land, to promulgate regulations as may be necessary to carry out the purposes of the Archeological and Paleontological Resources Protection Act.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3440/ 0.01 through 3440/ 3
Section Title: Human Skeletal Remains Protection Act

Summary:

Declares that there is an immediate need to protect the graves of prehistoric and historic Indians, pioneers and Civil War veterans from persons engaged for personal or financial gain in the mining of such graves and to assure that all human burials be accorded equal treatment and respect for human dignity without reference to ethnic origins, cultural backgrounds or religious affiliations. Requires a person who discovers human skeletal remains to notify the coroner within forty-eight hours. Declares that a person who fails to do so shall be guilty of a class C misdemeanor, unless the person has reasonable cause to believe that the coroner had already been notified. Directs the coroner to notify promptly the Historic Preservation Agency prior to the removal of any human skeletal remains that appear to be from an unregistered grave.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3440/ 4 through 3440/ 11
Section Title: Human Skeletal Remains Protection Act: criminal violations; prosecution; reward; punishment

Summary:

Declares it to be a class A misdemeanor for a person, either alone or through an agent, and without a permit from the agency, knowingly to disturb human skeletal remains and grave artifacts in unregistered graves. Declares it to be a class B misdemeanor for a person, either alone or through an agent, and without a permit from the agency, knowingly to disturb a grave marker associated with an unregistered grave. Declares it to be a class A misdemeanor for a person, either alone or through an agent, to offer human remains, grave artifacts or grave markers for sale or exchange with the knowledge that they have been collected or excavated in violation of this act. Declares it to be a class A misdemeanor for a person, either alone or through an agent, and without a permit from the agency, knowingly to allow the disturbance of human skeletal remains, unregistered graves or grave markers on property controlled by that person. Authorizes the director of the agency to request the state's attorney general of the county in which such violations have been alleged to have occurred to initiate criminal prosecutions or to seek civil damages, injunctive relief and any other appropriate relief. Directs the agency to cooperate with the attorney general. Requires a person aware of such violations to contact the agency. Authorizes the agency to offer a reward of up to $2,000 for information leading to the arrest and conviction of persons who commit such violations. Declares that a person found guilty of a class A misdemeanor under this act shall be subject to imprisonment for not more than one year and a fine not to exceed $10,000 for each disturbance of an unregistered grave, and shall be subject to prosecution for a class 4 felony for subsequent offenses. Declares that a person found guilty of a class B misdemeanor under this act shall be subject to imprisonment for not more than six months and a fine not to exceed $500 for each disturbance of a grave marker, and shall be subject to prosecution for a class A misdemeanor for subsequent offenses.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3440/12
Section Title: Human Skeletal Remains Protection Act: assessment of civil damages

Summary:

Declares that a person convicted of knowingly disturbing human skeletal remains and grave artifacts in unregistered graves or grave markers associated with such graves in violation of 3440/4 and 3440/5 shall be liable for civil damages to be assessed by the agency, which may include: forfeiture of any and all equipment used in disturbing the protected unregistered graves or grave markers as well as any and all costs associated with: cleaning, restoring, analyzing, accessioning and curating the recovered materials; restoring the land to its original contour or the grave marker to its original condition; recovery of data, and analyzing, publishing, accessioning and curating materials when the prohibited activity is so extensive as to preclude the restoration of the unregistered burials or grave markers; the reinterment of the human skeletal remains; and the determination and collection of civil damages. Directs that proceeds from civil damages recovered through the attorney general shall be deposited in the Historic Sites Fund and proceeds from civil damages recovered through the state's attorney shall be deposited into the county funds designated by the county board.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement

Code Book: Illinois Compiled Statutes
Citation: 20 ILCS 3440/13 through 3440/16
Section Title: Human Skeletal Remains Protection Act: permits; remains and artifacts held in trust; regulations; exemptions

Summary:

Directs the Historic Preservation Agency to develop regulations, in consultation with the Illinois State Museum, for the issuance of permits for the removal of human skeletal remains and grave artifacts from unregistered graves or the removal of grave markers. Requires each permit to specify all terms and conditions under which the removal of human skeletal remains, grave artifacts or grave markers shall be carried out. Directs that all costs accrued in the removal of such materials shall be borne by the permit applicant. Requires the permit holder to submit a report of the results to the Historic Preservation Agency. Declares that all human skeletal remains and grave artifacts in unregistered graves are held in trust for the people of Illinois by the state and are under the jurisdiction of the Historic Preservation Agency. Directs that all materials collected under this act shall be maintained, with dignity and respect, for the people of the state under the care of the Illinois State Museum. Directs the Historic Preservation Agency to promulgate regulations to carry out the purposes of this act. Exempts from permitting requirements under this act or any law, rule or regulation adopted thereunder activities reviewed by the Historic Preservation Agency pursuant to Section 106 of the National Historic Preservation Act and activities permitted pursuant to the Federal Surface Mining Control and Reclamation Act of 1972.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Permit / Site Investigation Authority

Code Book: Illinois Compiled Statutes
Citation: 525 ILCS 5
Section Title: Cave Protection Act

Summary:

(525 ILCS 5/1) (1) Defines "cultural resource" as any historic or prehistoric human remains, artifacts, constructions or evidence thereof. (6)(g)Declares it to be unlawful for any person, without the expressed written permission of the land owner, to remove any natural or cultural resources found within any cave.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Cave Activity



Return to State laws
State Historic Preservation Legislation Database. Search by state and keywords for legislation.
Illinois government, preservation and state archaeological resource links.



home : mission : updates : sites : learn : action : links : contact


Best viewed at screen resolutions 1024 x 768 and 800 x 600
Copyright Information
For site problems contact the webmaster