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. 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.

"Department" means the Department of Natural Resources.

"Disturb" includes defacing, mutilating, injuring, exposing, removing, destroying, desecrating or molesting in any way.

"Human remains" include the bones and decomposed fleshy parts of a deceased human body.

"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 Department under Section 10.

"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.

"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. 103-446, eff. 8-4-23.)

(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. 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 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. 103-446, eff. 8-4-23.)

(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. 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. 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 ordered to pay restitution. Such restitution is to be assessed by the circuit court. Restitution may include, but is not limited to:

(a) (blank);

(b) any and all costs incurred in cleaning, restoring, analyzing, accessioning and curating the recovered materials;

(c) any and all costs associated with restoring the land to its original contour;

(d) 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 archaeological or paleontological site;

(e) any and all costs associated with the determination and collection of restitution.

When restitution is ordered in a case that is prosecuted by the Attorney General, all restitution shall be deposited into the Historic Sites Fund; when restitution is ordered in a case that is prosecuted by the State's Attorney, the proceeds shall be deposited into the county fund designated by the county board.

(Source: P.A. 103-446, eff. 8-4-23.)

(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. 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. 8-4-23.)

(20 ILCS 3435/8) (from Ch. 127, par. 133c8)

Sec. 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 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 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 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. 103-446, eff. 8-4-23.)

(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. 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 sites by promulgating regulations limiting access to those files as necessary.

(Source: P.A. 103-446, eff. 8-4-23.)

(20 ILCS 3435/11) (from Ch. 127, par. 133c11)

Sec. 11. 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 to this Act. A violation of administrative rules promulgated pursuant to this Act is a Class B misdemeanor.

(Source: P.A. 103-446, eff. 8-4-23.)

(20 ILCS 3435/12)

Sec. 12. 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 provisions of this Act, including administrative rules, is a public nuisance and subject to seizure and confiscation by any authorized employee of the Department; upon the seizure of such item the Department shall take and hold the same until disposed of as hereinafter provided.

(b) Upon the seizure of any property as herein provided, the authorized employee of the Department making such seizure shall forthwith cause a complaint to be filed before the circuit court and a summons to be issued requiring the person who illegally used or operated or attempted to use or operate such property and the owner and person in possession of such property to appear in court and show cause why the property seized should not be forfeited to the State. Upon the return of the summons duly served or other notice as herein provided, the court shall proceed to determine the question of the illegality of the use of the seized property and upon judgment being entered to the effect that such property was illegally used, an order may be entered providing for the forfeiture of such seized property to the Department and shall thereupon become the property of the Department; but the owner of such property may have a jury determine the illegality of its use, and shall have the right of an appeal, as in other cases. Such confiscation or forfeiture shall not preclude or mitigate against prosecution and assessment of penalties otherwise provided in this Act.

(c) Upon seizure of any property under circumstances supporting a reasonable belief that such property was abandoned, lost or stolen or otherwise illegally possessed or used contrary to the provisions of this Act, except property seized during a search or arrest, and ultimately returned, destroyed, or otherwise disposed of pursuant to order of a court in accordance with this Act, the Department shall make reasonable inquiry and efforts to identify and notify the owner or other person entitled to possession thereof, and shall return the property after such person provides reasonable and satisfactory proof of his ownership or right to possession and reimburses the Department for all reasonable expenses of such custody. If the identity or location of the owner or other person entitled to possession of the property has not been ascertained within 6 months after the Department obtains such possession, the Department shall effectuate the sale of the property for cash to the highest bidder at a public auction. The owner or other person entitled to possession of such property may claim and recover possession of the property at any time before its sale at public auction, upon providing reasonable and satisfactory proof of ownership or right of possession and reimbursing the Department for all reasonable expenses of custody thereof.

(d) Any property forfeited to the State by court order pursuant to this Section may be disposed of by public auction, except that any property which is the subject of such a court order shall not be disposed of pending appeal of the order. The proceeds of the sales at auction shall be deposited in the Historic Sites Fund.

(e) The Department shall pay all costs of notices required by this Section.

Property seized or forfeited under this Section is subject to reporting under the Seizure and Forfeiture Reporting Act.

(f) This Section does not apply to archaeological or paleontological resources that were recovered by the Department or other law enforcement agency during an investigation of a violation of this Act.

(Source: P.A. 103-446, eff. 8-4-23.)