Several Illinois historic preservation laws apply to the university:
The Archaeological and Paleontological Resources Protection Act
This act (effective January 1, 1989) applies only to public lands. The law contains criminal sanctions for anyone who disturbs burial mounds, human remains, shipwrecks, or other archaeological resources on public lands. A violation carries potential penalties as severe as three years imprisonment and $10,000 in fines. The law establishes an administrative system for affected agencies to follow. Under this system any excavations on public property must be authorized by a permit from the Illinois Historic Preservation Agency and must be conducted by a consultant having appropriate professional staff. Excavations must be documented in written reports. The Illinois State Museum is the official curator for any objects removed from public property. On the University of Illinois campus, the Environmental Protection Agency oversees activities on the campus core (north, central and south campuses), while the Office for Project Planning and Facility Management is responsible for the south farms.
The Human Grave Protection Act
The Human Grave Protection Act (effective August 11, 1989), or Public Act 86-151, makes it unlawful for anyone without a permit to knowingly disturb human skeletal remains or a grave marker, including burial mounds. The act applies to any burial on public or private property, but only if the burial is over 100 years old and is not in a registered cemetery. Certain violations are Class Four felonies with potential fines of $10,000 and imprisonment for as long as three years. The bill’s underlying premises are that the use of private property should not be unreasonably bridled and unnecessary disturbance of human burials is generally repulsive to members of our society and should not be permitted.
The Human Skeletal Remains Protection Act
Similar to the Human Grave Protection Act, the Human Skeletal Remains Protection Act (effective August 11, 1989) applies to all unregistered and unmarked graves. This law makes it unlawful for anyone to disturb skeletal remains, artifacts, and grave markers, to sell or exchange human skeletal remains or to allow disturbance of human skeletal remains. The state’s attorney or the attorney general may be requested by the director of the Illinois Historic Preservation Agency to initiate criminal prosecutions or to seek civil damages, injunctive relief, and any other appropriate relief if this act is alleged to have occurred.
The Illinois State Agency Historic Resources Preservation Act
The Illinois State Agency Historic Resources Preservation Act (effective January 1, 1990), often referred to as the “State 106” (also known as Public Act 86-707) law, is modeled after section 106 of the National Historic Preservation Act of 1966. The law applies to all state agencies and requires that they take into account the effect that their activities may have on historic resources. An agency planning a construction project, for example, is required to notify the Illinois Historic Preservation Agency and then take into account any comments made by the agency within a 30 day comment period. The act also provides a number of negotiation and appeal procedures and does not apply to projects already covered by federal law. This law assures that state agencies give consideration to historic resources and minimizes the impact that state projects or activities might have on such resources. The campus must also comply with the National Historic Preservation Act when federal funds are used for a project, though the use of federal funds is rare.
Federal laws which apply to the university include:
The Archeological Resources Protection Act of 1979
The Archeological Resources Protection Act of 1979, commonly referred to as ARPA, provides protection to archeological resources that are at least 100 years of age and are located on public or Indian lands. It establishes a permit application process for excavation on public or Indian lands. In addition, it increases criminal penalties beyond the Antiquities Act of 1906 and makes provision for expanding cooperation between the Secretary of the Interior and archeological organizations, individual archaeologists, and private collectors.
The Archeological Resources Protection Act Amendments of 1988
The Archeological Resources Protection Act Amendments of 1988 strengthen the original act and require federal agencies to develop public awareness programs and prepare plans and schedules for surveying land under their jurisdiction.
The Antiquities Act of 1906
The Antiquities Act of 1906 provides for the protection of all historic and prehistoric ruins or monuments on federal lands. It prohibits any excavation or destruction of such antiquities without permission of the secretary of the department having jurisdiction over these resources. The act authorizes the Secretaries of the Interior, Agriculture, and War (Defense) to give permission for excavation to reputable institutions for increasing knowledge and for permanent preservation in public museums. It also authorizes the President to declare areas of public lands as national monuments and to reserve lands for that purpose.
The Historic Sites Act of 1935
The preservation for public use of historic sites, buildings, and objects was declared a national policy by the Historic Sites Act of 1935. It led to the establishment of the Historic Sites Survey, Historic American Buildings Survey, and the Historic American Engineering Record by giving the Secretary of the Interior authority to make historic surveys, to secure and preserve data on historic sites, and to acquire and preserve archaeological and historic sites. The National Historic Landmarks program and its advisory board were also established under this act to designate properties having exceptional value as commemorating or illustrating the history of the United States.
The National Environmental Policy Act
Federal agencies are required by the National Environmental Policy Act to prepare an environmental impact statement for every major federal action that affects the quality of the human environment. The environment is defined to include cultural as well as natural resources.
Executive Order 11593: Protection and Enhancement of the Cultural Environment
Federal agencies are directed by this Executive Order, Protection and Enhancement of the Cultural Environment, to take a leadership role in preservation in two particular ways. First, for all property under federal jurisdiction or control, the agencies must survey and nominate all significant historic properties to the National Register. These historic properties also must be maintained and preserved by the agency. Second, for every action funded, licensed, or executed by the federal government the agency involved must ask the Secretary of the Interior to determine if any property in the environmental impact area is eligible for inclusion in the National Register of Historic Places. If the federal action will substantially alter or destroy a historic property, the agency must allow the advisory council to comment on such undertakings; nationally significant properties must be recorded by the Historic American Buildings Survey or the Historic American Engineering Record.
The Archaeological and Historical Preservation Act of 1974
The Archaeological and Historical Preservation Act of 1974 calls for the preservation of historic and archaeological materials and data that otherwise would be lost as a result of federal construction or federally licensed or aided activities. Data recovery or in situ preservation are available to the Secretary of the Interior.
The National Historic Preservation Act of 1966
The National Historic Preservation Act (NHPA; Public Law 89-665; 16 U.S.C. 470 et seq.) is legislation intended to preserve historical and archaeological sites in the United States. The act created the National Register of Historic Places, the list of National Historic Landmarks, and the State Historic Preservation Offices.
The Native American Graves Protection and Repatriation Act of 1990
The Native American Graves Protection and Repatriation Act of 1990, commonly referred to as NAGPRA, describes the rights of Native Americans and requires federal agencies and museums receiving federal funds to inventory holdings of remains and objects of Native Americans to reach agreements regarding the disposition of these items.