Chapter 20 — EXECUTIVE BRANCH

(20 ILCS 3410/4) (from Ch. 127, par. 133d4) Sec. 4. In addition to those powers specifically granted or necessary to perform the duties prescribed by this Act, the Council shall have the following powers: (a) to recommend nominations to the National Register of Historic Places; (…

(20 ILCS 3410/5) (from Ch. 127, par. 133d5) Sec. 5. In addition to the powers otherwise specifically granted to the Department by law, the Department shall have the following powers and responsibilities: (a) to perform the administrative functions for the Council; (b) to hold pub…

(20 ILCS 3410/5.5) Sec. 5.5. Notwithstanding any other provision to the contrary, the Council may recommend the removal of a place from the National Register of Historic Places if the place is a bridge that: (1) is less than 22 feet wide and has a bannister that is at least 18 in…

(20 ILCS 3410/6) Sec. 6. (Repealed). (Source: P.A. 85-699. Repealed by P.A. 97-785, eff. 7-13-12.)

(20 ILCS 3410/7) Sec. 7. (Repealed). (Source: P.A. 84-25. Repealed by P.A. 97-785, eff. 7-13-12.)

(20 ILCS 3410/8) Sec. 8. (Repealed). (Source: P.A. 84-25. Repealed by P.A. 97-785, eff. 7-13-12.)

(20 ILCS 3410/9) Sec. 9. (Repealed). (Source: P.A. 79-1383. Repealed by P.A. 97-785, eff. 7-13-12.)

(20 ILCS 3420/1) (from Ch. 127, par. 133c21) Sec. 1. Purposes. The purpose of this Act is to provide Illinois State government leadership in preserving, restoring, and maintaining the historic resources of the State. It is the purpose of this Act to establish a program whereby St…

(20 ILCS 3420/2) (from Ch. 127, par. 133c22) Sec. 2. Short Title. This Act shall be known and may be cited as the "Illinois State Agency Historic Resources Preservation Act". (Source: P.A. 86-707.)

(20 ILCS 3420/3) (from Ch. 127, par. 133c23) Sec. 3. Definitions. (a) "Director" means the Director of Natural Resources, or his or her designee. (b) "Agency" shall have the same meaning as in Section 1-20 of the Illinois Administrative Procedure Act, and shall specifically inclu…

(20 ILCS 3420/4) (from Ch. 127, par. 133c24) Sec. 4. State agency undertakings. (a) As early in the planning process as may be practicable and prior to the approval of the final design or plan of any undertaking by a State agency, or prior to the funding of any undertaking by a S…

(20 ILCS 3420/5) (from Ch. 127, par. 133c25) Sec. 5. Responsibilities of the Department of Natural Resources. (a) The Director shall include in the Department's annual report an outline of State agency actions on which comment was requested or issued under this Act. (b) The Direc…

(20 ILCS 3420/6) (from Ch. 127, par. 133c26) Sec. 6. Review of private undertakings. (a) The Department shall adopt standards, including maps, in accordance with the Illinois Administrative Procedure Act, for determining whether a private undertaking will affect a high probabilit…

(20 ILCS 3430/0.01) (from Ch. 123, par. 51.9) Sec. 0.01. Short title. This Act may be cited as the Old State Capitol Act. (Source: P.A. 86-1324.)

(20 ILCS 3430/1) (from Ch. 123, par. 52) Sec. 1. As used in this Act: (a) "Old State Capitol Complex" means the Old State Capitol reconstructed under the "1961 Act" in Springfield and an underground parking garage. (b) "1961 Act" means "An Act providing for the reconstruction and…

(20 ILCS 3430/2) (from Ch. 123, par. 53) Sec. 2. The Department shall have jurisdiction and custody of, and shall maintain and operate, the Old State Capitol Complex and shall succeed to all rights, powers, duties and liabilities of the Department of Conservation under the "1961 …

(20 ILCS 3430/3) (from Ch. 123, par. 54) Sec. 3. The Department may establish rules and regulations for the use and operation of the Old State Capitol Complex. Such rules and regulations shall provide that such complex will be open at all reasonable hours to the public and may pr…

(20 ILCS 3430/4) (from Ch. 123, par. 55) Sec. 4. Upon the expiration of the term of any existing lease to which the Department of Conservation is a party, the Board of Trustees may enter into a lease, on behalf of the State of Illinois, of the underground parking garage in the Ol…

(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 up…

(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 …

(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 …

(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…

(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 th…

(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 …

(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…

(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 per…

(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 …

(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…

(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 ex…

(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 …

(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 sha…

(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 …

(20 ILCS 3440/0.01) (from Ch. 127, par. 2660) Sec. 0.01. Short title. This Act may be cited as the Human Remains Protection Act. (Source: P.A. 103-446, eff. 8-4-23.)

(20 ILCS 3440/1) (from Ch. 127, par. 2661) Sec. 1. Definitions. For the purposes of this Act: "Department" means the Department of Natural Resources. "Disturb" or "disturbance" includes excavating, removing, exposing, probing, defacing, mutilating, destroying, molesting, or desec…

(20 ILCS 3440/10) (from Ch. 127, par. 2670) Sec. 10. Penalties. Any violation of Sections 4, 6 or 7 of this Act, unless otherwise specified, is a Class A misdemeanor for a first violation and a Class 4 felony for a second or subsequent violation. Any violation of administrative r…

(20 ILCS 3440/11) Sec. 11. (Repealed). (Source: P.A. 86-151. Repealed by P.A. 103-446, eff. 8-4-23.)

(20 ILCS 3440/12) (from Ch. 127, par. 2672) Sec. 12. Restitution. Persons convicted of a violation of Section 3, 3.5, 4, or 6 of this Act shall also be liable for restitution to be assessed by the circuit court. Restitution may include, but is not limited to: (a) (blank); (b) any…

(20 ILCS 3440/13) (from Ch. 127, par. 2673) Sec. 13. Notification. (a) 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 ar…

(20 ILCS 3440/14) (from Ch. 127, par. 2674) Sec. 14. Native American human remains. All Native American human remains, unregistered graves, grave markers, and grave artifacts are the property of the Native American nations geographically and culturally affiliated with Illinois. T…

(20 ILCS 3440/15) (from Ch. 127, par. 2675) Sec. 15. Rules. The Department of Natural Resources shall adopt such administrative rules as may be necessary to carry out the purposes of this Act in accordance with the Illinois Administrative Procedure Act. (Source: P.A. 103-446, eff…

(20 ILCS 3440/16) (from Ch. 127, par. 2676) Sec. 16. Exemptions. Activities reviewed by the Department pursuant to Section 106 of the National Historic Preservation Act (16 U.S.C. 470f) and activities permitted pursuant to the Federal Surface Mining Control and Reclamation Act of…

(20 ILCS 3440/16.1) Sec. 16.1. Burial sites on Department owned lands. The Department may create burial sites on Department owned lands for the reburial of repatriated Native American human remains, unregistered graves, grave markers, or grave artifacts after tribal consultation …

(20 ILCS 3440/16.2) Sec. 16.2. Repatriation and Reinterment Fund. The Repatriation and Reinterment Fund is created in the State treasury. All restitution collected from the prosecution of any violation of this Act shall be deposited in the fund and each deposit shall only be used…

(20 ILCS 3440/16.3) Sec. 16.3. Forfeiture. (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 con…

(20 ILCS 3440/2) (from Ch. 127, par. 2662) Sec. 2. Legislative finding and intentions. The General Assembly finds that existing laws do not provide equal or adequate protection for all human graves. There is a threat to the safety and sanctity of unregistered and unmarked graves.…

(20 ILCS 3440/3) (from Ch. 127, par. 2663) Sec. 3. Notification to coroner and Department. Any person who encounters human remains subject to this Act shall promptly notify the coroner and shall notify the Department within 48 hours of the encounter. Any person who knowingly fail…

(20 ILCS 3440/3.5) Sec. 3.5. Encounter procedure. When an undertaking encounters human remains, unregistered graves, grave markers, or grave artifacts, all activities shall cease within a 100-foot radius of the encounter. The encountering party shall notify the coroner and the De…

(20 ILCS 3440/4) (from Ch. 127, par. 2664) Sec. 4. Disturbing human remains. (a) It is unlawful for any person to knowingly or recklessly disturb or to knowingly or recklessly allow the disturbance of human remains, unregistered graves, grave markers, or grave artifacts that orig…

(20 ILCS 3440/4.5) Sec. 4.5. 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 …