Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 3435/ - Archaeological and Paleontological Resources Protection Act.

(20 ILCS 3435/.01) (from Ch. 127, par. 133c.01)
Sec. .01.

This Act shall be known and may be cited as the
"Archaeological and Paleontological Resources Protection Act".

(Source: P.A. 86-459; 86-707.)
 
(20 ILCS 3435/.02) (from Ch. 127, par. 133c.02)
Sec. .02.
For purposes of this Act:
(a) "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.
(b) "Disturb" includes defacing, mutilating, injuring, exposing,
removing, destroying, desecrating or molesting in any way.
(c) "Paleontological resource" means any significant fossil or material
remains 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.
(d) "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 any court, the federal and State governments, including State
universities created by statute or any city, town, county or other
political subdivision of this State.
(e) "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.

(Source: P.A. 86-459; 86-707.)
 
(20 ILCS 3435/1) (from Ch. 127, par. 133c1)
Sec. 1.
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.)
 
(20 ILCS 3435/1.5)
Sec. 1.5.
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'Hare Modernization Act.

(Source: P.A. 93-450, eff. 8-6-03.)
 
(20 ILCS 3435/1.75)
Sec. 1.75. 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 Department of Transportation, or any such person, takes reasonable steps to comply with the provisions of this Act so long as compliance does not interfere with the design, development, operation, or maintenance of the South Suburban Airport or the exercise of their powers under the Public-Private Agreements for the South Suburban Airport Act.

(Source: P.A. 98-109, eff. 7-25-13.)
 
(20 ILCS 3435/2) (from Ch. 127, par. 133c2)
Sec. 2.

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.)
 
(20 ILCS 3435/3) (from Ch. 127, par. 133c3)
Sec. 3.
(a) It is unlawful for any person, either by himself or through
an agent, to explore, excavate 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 any person, either by himself or through an
agent, to knowingly disturb any archaeological or paleontological resource
protected under this Act.
(c) It is unlawful for any person, either by himself or through an
agent, to offer any object for sale or exchange with the knowledge that it
has been previously collected or excavated in violation of this Act.

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3435/3.1) (from Ch. 127, par. 133c3.1)
Sec. 3.1.
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 Resources shall cooperate
with the State's Attorney or the Attorney General. Persons aware of any
violation of this Act shall contact the Department of Natural Resources.

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3435/3.2) (from Ch. 127, par. 133c3.2)
Sec. 3.2.
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.)
 
(20 ILCS 3435/5) (from Ch. 127, par. 133c5)
Sec. 5.
Any violation of Section 3 not involving the disturbance of
human skeletal remains is a Class A misdemeanor and the violator
shall be subject to imprisonment and 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 skeletal remains is a Class 4 felony. Each
disturbance of an archaeological site or a paleontological site shall
constitute a single offense. Persons convicted of a violation of Section 3
shall also be liable for civil damages to be assessed by the land managing
agency and the Department of Natural Resources. Civil damages may include:
When civil damages are recovered through the Attorney General, the
proceeds shall be deposited into the Historic Sites Fund; when civil
damages are recovered through the State's Attorney, the proceeds shall be
deposited into the county fund designated by the county board.

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3435/6) (from Ch. 127, par. 133c6)
Sec. 6.
(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 the Department of Natural Resources after
consultation with the head of the land managing agency.
(b) Permits to any person or entity other than the State of Illinois
shall be issued in accordance with regulations which shall be promulgated
by the Department of Natural Resources.
(c) Each permit shall specify all terms and conditions under which the
investigation shall be carried out, including, but not limited to, location
and nature of the investigation and plans for analysis and publication of
the results. Upon completion of the project, the permit holder shall report
its results to the Department of Natural Resources.

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3435/7) (from Ch. 127, par. 133c7)
Sec. 7.
All materials and associated records remain the property of
the State and are managed by the Illinois State Museum. The Illinois State
Museum, in consultation with the Department of Natural Resources, is
authorized to establish long-term curation agreements with universities,
museums and other organizations.

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3435/8) (from Ch. 127, par. 133c8)
Sec. 8.
(a) The Illinois State Museum shall be exempt from the permit
requirements established by this Act for lands under its direct management
but shall register that exploration with the Department of Natural Resources;
such registration shall include the information required under subsection
(c) of Section 6.
(b) Any agency or department of the State of Illinois which has on
its staff a professional archaeologist or paleontologist who meets the
minimum qualifications established in Section 9 and which has in effect a
memorandum of agreement with the Department of Natural Resources for the
protection, preservation and management of archaeological and
paleontological resources shall be exempt from the permit requirements
established by this Act.
(c) Activities reviewed by the Department of Natural Resources pursuant
to Section 106 of the National Historic Preservation Act (16 U.S.C. 470f)
shall be exempt from these permitting requirements.
(d) Where a local government's activities are funded in whole or in part
by a State agency and the funded activities are supervised or controlled by
the State agency, the local government shall be exempt from the permit
requirements established by this Act to the same extent that the State
agency is exempt. The State agency shall be responsible for undertaking or
causing to be undertaken any steps necessary to comply with this Act for
those local government actions so exempted.

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3435/9) (from Ch. 127, par. 133c9)
Sec. 9.
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.)
 
(20 ILCS 3435/10) (from Ch. 127, par. 133c10)
Sec. 10.
The Illinois State Museum, in cooperation with the Department of Natural Resources, 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 of Natural Resources
shall ensure the safety of those sites by
promulgating regulations limiting access to those files as necessary.

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 3435/11) (from Ch. 127, par. 133c11)
Sec. 11.
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.

(Source: P.A. 100-695, eff. 8-3-18.)

Structure Illinois Compiled Statutes