Illinois · statute · 20 ILCS 3435 · 17 active provisions
This Act shall be known and may be cited as the "Archaeological and Paleontological Resources Protection Act". (Source: P.A. 86-459; 86-707.)
Definitions. For purposes of this Act: "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 remains, mounds, earthworks, shipwrecks, forts, village sites or mines. "Departmen…
The State of Illinois reserves to itself the exclusive right and privilege of regulating, exploring, excavating or surveying, through the Department of Natural Resources, all archaeological and paleontological resources found upon or within any public lands. (Source: P.A. 100-695, eff. 8-3-18.)
O'Hare Modernization. Nothing in this Act limits the authority of the City of Chicago to exercise its powers under the O'Hare Modernization Act or requires that City, or any person acting on behalf of that City, to obtain a permit under this Act when acquiring property or otherwise exercising its powers under the O'Har…
South Suburban Airport. The Illinois Department of Transportation, and any person acting on its behalf under a public-private agreement entered into in accordance with the Public-Private Agreements for the South Suburban Airport Act, is exempt from the permit requirements of this Act, provided that the Illinois Departm…
Any deed hereafter given by the owner of public land may contain a clause reserving to the State a property right in any archaeological and paleontological resources or portion thereof and also reserving the right to explore and excavate for the same. (Source: P.A. 86-459; 86-707.)
Permits. (a) It is unlawful for any person, either by himself or through an agent, to knowingly explore, excavate, possess, or collect any of the archaeological or paleontological resources protected by this Act, unless such person obtains a permit issued by the Department of Natural Resources. (b) It is unlawful for a…
The State's Attorney of the county in which a violation of Section 3 is alleged to have occurred, or the Attorney General, may be requested by the Director of Natural Resources to initiate criminal prosecutions or to seek civil damages, injunctive relief and any other appropriate relief. The Department of Natural Resou…
The Department of Natural Resources is authorized to offer a reward of up to $2,000 for information leading to the arrest and conviction of persons who violate Section 3. (Source: P.A. 100-695, eff. 8-3-18.)
Penalties. Any violation of Section 3 not involving the disturbance of human remains is a Class A misdemeanor and the violator shall also be subject to a fine not in excess of $5,000; any subsequent violation is a Class 4 felony. Any violation of Section 3 involving disturbance of human remains is a Class 4 felony. Eac…
(a) The Department of Natural Resources, in consultation with the various State agencies owning or managing land for the use of the State of Illinois, shall develop regulations whereby permits may be issued for exploration or excavation of archaeological and paleontological resources. These permits shall be issued by t…
Property of the State; Department management. All materials and associated records remain the property of the State and are managed by the Department. The Department is authorized to establish long-term curation agreements with Tribal Nations, universities, museums and other organizations. (Source: P.A. 103-446, eff. 8…
Department exempt from permit requirements. (a) The Department shall be exempt from the permit requirements established by this Act for lands under its direct management but shall register that exploration; such registration shall include the information required under subsection (c) of Section 6. (b) Any agency or dep…
The Department of Natural Resources shall, through rulemaking, establish minimum standards of education and experience for an archaeologist or paleontologist to qualify as a professional for the purpose of conducting activities for which a permit is required. (Source: P.A. 100-695, eff. 8-3-18.)
Files containing information on known archaeological and paleontological sites. The Department shall develop and maintain files containing information on known archaeological and paleontological sites in the State, whether on State controlled or privately owned property. The Department shall ensure the safety of those…
Violation of administrative rules. The Department of Natural Resources, in consultation with other State agencies and Departments that own or control land, shall promulgate such regulations as may be necessary to carry out the purposes of this Act. It is unlawful to violate any administrative rule promulgated pursuant…
Seizure. (a) Every device, equipment, tool, vehicle or conveyance, when used or operated illegally, or attempted to be used or operated illegally by any person in taking, transporting, holding, disturbing, exploring, excavating, collecting or conveying any archaeological or paleontological resources, contrary to the pr…