Current through Register Vol. 48, No. 12, March 22, 2024
a)
Application for Preservation Work to Unregistered Graves. Those wishing to
probe the ground to locate and recover buried grave markers and to clean,
repair or reset grave markers in an unregistered cemetery must obtain a permit
from the Department. The application shall be on a form provided by the
Department. The application shall provide the following information:
1) The applicant's name and
address;
2) The proposed cemetery
preservation plan, including, but not limited to the location and address of
the cemetery;
3) The applicant's
knowledge of the nature of the remains;
4) The rationale for the proposed
disturbance;
5) Proof of ownership
of the applicant of the land that the proposed cemetery preservation
undertaking is occurring on or written permission from the landowner granting
permission for the proposed cemetery preservation undertaking to occur;
and
6) Any additional information
or documentation that the Department requests to ensure the preservation or
protection of unregistered graves and grave contents.
b) Application for Undertaking.
If an undertaking will occur on property that the
property owner has been notified in writing by the Department that the land is
likely to contain human remains, unregistered graves, grave markers, or grave
artifacts, a permit shall be obtained by the landowner from the Department. If
human remains, unregistered graves, grave markers, or grave artifacts were
unknown and were encountered by any person, a permit shall be obtained from the
Department before any work on the undertaking may continue.
[20 ILCS
3440/13(a) and (b) ] The application
shall be on a form provided by the Department. The applicant shall provide the
following information:
1) The name,
address, email address and telephone number of the applicant and the owner or
record.
2) The nature and extent of
the undertaking.
3) The origin of
the unregistered grave and grave contents that is known to the applicant and
owner of record.
4) The location,
address, and locational maps of the undertaking, including GPS
coordinates.
5) A proposed time
schedule for the undertaking, including the proposed schedule for excavation or
avoidance.
6) Proof of ownership of
the land that the undertaking is occurring on, or written permission from the
landowner granting permission for the undertaking to occur.
7) A statement regarding whether preservation
in place of the human remains, unregistered graves or grave contents is or is
not feasible. If preservation in place is not feasible, then additional
information outlining economic, construction, or social needs (e.g.,
contemporaneous construction or development of the property, agricultural
activity, mining) requiring expedition in the removal of unregistered graves or
grave contents is required.
8) If
preservation in place is not feasible in the opinion of the permit applicant,
the applicant's proposed funding source, timetable, and available professional
expertise for removal of unregistered graves or grave contents.
9) A draft treatment plan.
10) Any and all information detailing whether
the undertaking involves either State or Federal funding, licenses, permits, or
approvals.
11) The names,
addresses, email addresses, and telephone numbers of the individuals proposed
to be responsible for conducting the removal or excavation, including those
people proposed to be responsible for carrying out any terms or conditions of
the permit, including detailed resumes of the key project personnel (e.g., the
principal investigator, field director, and staff directing any specialized
analysis proposed), institutional affiliation, if any, and evidence of
education.
12) Evidence that
personnel named as responsible for site excavations in subsection (b)(11) of
this Section are certified as Field Archaeologists Level II or III, under the
Archaeological and Paleontological Resources Protection Act [20 ILCS
3435 ] and 17 Ill. Adm. Code 4190.
13) Evidence that all excavations and
analysis of unregistered graves and grave contents will be performed under the
supervision of a human osteologist certified under subsection (e) of this
Section.
14) Evidence of the
ability of the applicant or those individuals listed pursuant to subsection
(b)(12) of this Section to initiate, conduct, and complete the proposed work
within the proposed timeframe, including evidence of funding, logistical
support, laboratory facilities and evidence of past timely and successful
completion of similar scale projects.
15) Evidence that an adequate program of site
security to protect unregistered graves and grave contents from theft,
vandalism, or inclement weather will be maintained during all work performed
under this permit.
16) If known,
the specific boundaries of an unregistered grave.
17) If the draft treatment plan involves
removal of grave contents and those items cannot be transferred to the
Department immediately upon excavation, the university, museum, funeral home,
government agency, or other scientific or educational institution proposed as a
temporary repository of materials and proof that the temporary repository
entity possesses adequate curatorial capability for safeguarding and preserving
the grave contents and all associated records during such temporary
repository.
18) The applicant has
certified that, not later than 60 days after the date the report of
investigation is submitted to the Department, all grave contents and copies of
records, data, photographs, and other documents resulting from work conducted
under the requested permit will be delivered to the Department in compliance
with the Department's curation and recordation policy regarding human remains,
unregistered graves, grave artifacts, and grave markers.
c) Emergency Excavations.
In instances where unregistered graves or grave contents are
encountered and the Department determines that it is not feasible to leave the
unregistered grave or grave contents in place, and there is a high likelihood
that the current conditions of the encounter, that are outside the control of
the person or entity encountering the remains, may lead to destruction or
irreparable damage to the unregistered grave or grave contents, or an emergency
exists affecting public health, safety, or property, the Department shall
authorize the excavation and analysis of the unregistered graves or grave
contents at no cost to the owner of record by a professional archaeologist or
human osteologist approved by the Department. All costs related thereto shall
be borne by the professional archaeologist or skeletal analyst or other person
employing or authorizing such excavation and analysis.
d) Excavation by Department Personnel.
Department employees carrying out official Department duties required under the
Act need not follow the permit application procedures of this Section. However,
the Department shall comply with all other requirements of this Part and the
Act.
e) Certification of Human
Osteologist. The following are the minimum standards of education and
experience to be certified as a human osteologist for the purpose of conducting
activities under the Act and this Part. The applicant must:
1) Have designed and executed a human
osteological study as evidenced by a graduate thesis or dissertation, or a
report equivalent in scope and quality and been awarded a graduate degree, from
an accredited institution, in archaeology, anthropology, or another germane
discipline with a specialization in human osteology. It is recognized that in
some cases an individual may have prepared several small reports that,
cumulatively, may be comparable to a graduate thesis;
2) Possess six months of supervised
analytical training/experience in the identification, analysis, and
interpretation of human osteological remains, which may be accumulated on a
part-time basis; and
3) Agree in
writing to conduct research in accordance with currently accepted scientific
standards as outlined in the Society for Professional Archaeologists "Standards
of Research Performance" and to know and comply with the Department's curation
and recordation policy regarding human remains, unregistered graves, grave
artifacts, and grave markers.
f) Application for Certification. Any
individual wishing to apply for certification under this Section and the Act as
a human osteologist shall submit a letter of request with appropriate
documentation to the Department. Documentation must be sufficient to
demonstrate the applicant fulfills the requirements of subsection (e)(1), (2)
and (3).