Section 4170.310  Issuance of Permits

a)         Each permit shall specify all terms and conditions under which the avoidance, removal, or disturbance of human remains, grave artifacts, grave markers, or unregistered graves shall be carried out.  [20 ILCS 3440/13(d)]

b)         Permit Conditions.

1)         In all permits issued, the Department shall specify in writing:

A)        The nature and extent of work allowed and required under the permit, including the time, duration, scope, and location of the avoidance, disturbance, or removal of unregistered graves and grave contents;

B)        The name of the persons responsible for conducting the work and, if different, the name of the persons responsible for carrying out the terms and conditions of the permit; and

C)        The Department-approved treatment plan.

2)         All permits shall require that a field summary be completed on the disposition of the unregistered graves and grave contents pursuant to the treatment plan and shall be delivered to the Department.  The Department shall have 30 days from the date of receipt of the field summary to either approve the field summary or return the field summary for the completion of additional work or the filing of additional information.  No undertaking shall resume until after the Department has approved a field summary provided by the permittee.  The Department shall return any field summary that is not approved and shall set a deadline, in writing, for the submittal of a revised field summary.  Failure to submit the revised field summary within the timeframe set in the permit shall be considered a withdrawal of the permit application.

3)         In order to minimize damage to real property, unregistered graves, and grave contents and in order to ensure the recording and preservation of those unregistered graves or grave contents, the permit may set forth requirements or limitations regarding the methods and equipment to be employed in the removal or avoidance, the area of investigation to ensure complete removal or avoidance of all unregistered graves or grave contents, and the procedures to be followed in documenting the removal or avoidance and the matters to be covered in the report or reports required to be provided pursuant to Section 4170.340.

4)         The permit may require that an authorized representative of the Department be present to witness and document the removal of human remains, unregistered graves, grave markers, or grave artifacts.

5)         Unless permit duration is defined within the terms of the permit, each permit shall expire at midnight one year after the date of its issuance.

6)         The Department may specify such other terms and conditions deemed necessary, consistent with this Part or the Act.  The Department may add, remove, or modify permit conditions upon receiving new or updated information.

c)         One copy of the permit shall be at the site of the project, either in the possession of the owner of record, the principal investigator of the project or a designated professional archaeologist at the project site while any undertaking is occurring.  The permit shall be provided to any employee of the Department or any member of law enforcement upon request during normal business hours at the listed address of the permittee or at any time at the site when work is actively occurring on the land the permit was so issued.

d)         Initiation Deemed Acceptance.  Initiation of work or other activities under the authority of a permit signifies the permittee's acceptance of the terms and conditions of the permit.

e)         No Release Until Obligations Satisfied.  The permittee shall not be released from requirements of a permit until all outstanding obligations have been satisfied, whether or not the term of the permit has expired.

f)         Transfer, Extension, or Modification.  The permittee may request that the Department transfer, extend, or modify a permit by written application only.  Such transfer, extension, or modification of the permit shall become effective only upon review and written transfer, extension, or modification of the permit by the Department.  If a permit is transferred, extended, or modified, the permit shall be reissued by the Department and shall include such transfer, extension, or modification.  All transfers, extensions, or modifications shall comply with the Act and this Part.

g)         Permits For Terms In Excess of One Year.  The permittee's performance under any permit issued for a period greater than one year shall be subject to review by the Department at least annually.

(Source:  Amended at 48 Ill. Reg. 2189, effective January 25, 2024)