§4190.102. Definitions

            "Act" means 20 ILCS 3435, the Archeological and Paleontological Resources Protection Act.

 

            "Adequate historical documentation" is information verifiable through at least two of the following types of independent sources: public records, deeds, maps, and other written and oral sources.

 

            "Agency" means the Illinois Historic Preservation Agency.

 

            "Agency Archaeologist" means an archaeologist who is certified at Level III under Section 4190.405(d)(3) of this Part and who is head of the Agency archaeology program.

 

            "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. Coins, bullets and unworked minerals and rocks shall not be considered archaeological resources for purposes of the Act and this Part unless found in a direct physical relationship with archaeological resources as defined in this Section.

 

            "Attorney General" means the Attorney General of the State of Illinois.

 

            "Certified professional archaeologist" means an archaeologist certified by the Agency as described in Subpart D of this Part.

 

            "Certified professional paleontologist" means a paleontologist certified by the Agency as meeting the requirements under Subpart D of this Part.

 

            "Director" means the Director of the Agency.

 

            "Disturb" includes defacing, mutilating, injuring, exposing, removing, destroying, desecrating or molesting in any way. It does not include surface collecting of aerially exposed paleontological resources or removal of common invertebrate fossils with a small hand tool, such as a rock hammer.

 

            "Field investigation" means the study by a certified archaeologist of archaeological resources or by a certified paleontologist of paleontological resources at any land or water location by means of surveying, sampling, excavating, or removing subsurface objects or going on a site with that intent.

 

            "Final report" is the documentation of field work and anaylsis of the materials recovered and the physical context in which they were present followed by the interpretation of the site.

 

            "Grave artifacts" means all relics, specimens, or objects of a historical, prehistorical, cultural, archaeological or anthropological nature of human manufacture or use which may be found above or below the surface of the earth and which were associated with human skeletal remains in any unregistered grave.

 

            "Grave markers" are any tombs, monuments, stones, ornaments, mounds, or other items of human manufacture that is associated with an unregistered grave.

 

            "Historic significance" means that the Director has determined that the archaeological resource has yielded or is likely to yield information concerning past patterns of human settlement, or artifacts or information concerning cultures in Illinois of more than 50 years ago.

 

            "Human skeletal remains" or "human remains" means any part of the body of a deceased person in any stage of decomposition in a context indicating substantial evidence for an intentional or unintentional burial; or a disarticulated or articulated skeleton.

 

            "Illinois Inventory of Archaeological and Paleontological Sites" shall be as described in Subpart C of this Part.

 

            "Inventory" means the Illinois Inventory of Archaeological and Paleontological Sites as described in Subpart C of this Part.

 

            "Material remains of past human life or activities" refers to any physical evidence of human habitation, occupation, use or activity.  Such items of evidence include, but are not limited to:

 

            surface, subsurface, or submerged structures (a specific example includes, but is not limited to, shipwrecks),

 

            shelters, facilities (specific examples include, but are not limited to, forts and mines),

 

            features (specific examples include, but are not limited to: domestic structures, human-made mounds, earthworks, canals, reservoirs, horticultural garden areas, rock alignments, cairns, middens, kilns, and post molds),

 

            surface, subsurface, or submerged concentrations or scatters of artifacts,

 

            whole or fragmentary tools, implements, containers, weapon projectiles, clothing, and ornaments (specific examples of these include, but are not limited to:  pottery and other ceramics, basketry, cordage, weavings, coins, bullets, bottles and other glassware, flaked stone, bone, metal, wood, hide, feathers, and pigments),

 

            by-products of manufacture or use of human-made or natural materials, organic waste (specific examples include, but are not limited to:  vegetal and animal remains, coprolites),

 

            rock carvings, rock paintings, intaglios, and other works of artistic or symbolic representation,

 

            rockshelters or caves containing any of the foregoing materials,

 

            the physical site or location of any of the foregoing,

 

            any portion or piece of any of the foregoing.

 

            "Material remains of past life or traces" refers to any physical parts of plants or animals, other than humans, and evidence for the existence of past life.  Such items of evidence include, but are not limited to:

 

            complete or partial specimens of bones, teeth, and other body parts including, but not limited to, feathers, scales, and cuticles of vertebrate animals,

 

            complete or partial specimens of skeletons, both organic and inorganic, including, but not limited to, chitin, cuticle, mineral constituents such as calcite and aragonite of shells, and other body parts of invertebrate animals,

 

            complete and partial specimens of plant parts including, but not limited to, leaves, stems, flowers, spores, pollen, cuticles, fruiting bodies (e.g., seeds), roots, rhizomes, and tubers; and

 

            complete and partial specimens of traces of life including, but not limited to, casts, molds, impressions, carbonizations, tracks, and stains.

 

            "Mid-continental Region" means that part of the United States that falls within the states of Wisconsin, Michigan, Illinois, Indiana, Ohio, Kentucky, Tennessee, Georgia, Alabama, Mississippi, Louisiana, Arkansas, Missouri, eastern Iowa and southeastern Minnesota.

 

            "Museum" means the Illinois State Museum.

 

            "Museum Director" means the Director of the Illinois State Museum.

 

            "Paleontological resource" means any significant fossil or material remains of past life, other than human, 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 of the Act.

 

            "Permit" means a permit issued by the Agency pursuant to the Act and this Part.

 

            "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 the court, the federal and State governments, including State universities created by statute, or any city, town, county or other political subdivision of this State.

 

            "Primary rock body or sedimentary unit" means the rocks or sediments that occur in the location of their original deposition.

 

            "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.

 

            "Significant material remains or localities" means any archaeological resource that:

 

            is listed in the National Register of Historic Places;

 

            has been formally determined by the Director to be eligible for listing in the National Register of Historic Places as defined in the National Historic Preservation Act (16 U.S.C. 470) and its regulations;

 

            has been nominated by the Director and the Illinois Historic Sites Advisory Council for listing in the National Register of Historic Places;

 

            meets one or more of the criteria for listing in the National Register of Historic Places (36 CFR 60), as determined by the Director or is listed in the Illinois Register of Historic Places.

 

            "Site" means the physical location of archaeological or paleontological resources.

 

            "Unregistered grave" means any grave or location (including any unmarked burial site) where a human body has been buried or deposited, that is over 100 years old, and that is not in a cemetery registered with the State Comptroller under the Cemetery Care Act [760 ILCS 100].