(20 ILCS 862/12)

Sec. 12. Recreational Trail Programs; powers and authorities.

(a) The Department may expend funds for recreational trail program purposes. The Department may: plan, survey, design, develop, operate, and maintain recreational trails and related facilities of the State; prepare, or cause to be prepared, those plans, specifications, and other documents as are necessary to advertising for and the taking and acceptance of bids and letting of construction contracts for those recreational trail projects, as required in the Illinois Procurement Code; enter into contracts for construction management or supervision on all recreational trail projects constructed; enter into contracts for professional services for planning, testing, design, or consulting on all recreational trail projects constructed; and acquire land, waters, structures, and interests in land, waters, and structures for those areas and related facilities. The Department may enter into contracts and agreements with the United States or any appropriate or allowable federal entity, keep financial and other records, and furnish to appropriate officials and agencies of the United States reports and information as may be reasonably necessary to enable those officials and agencies to perform their duties under those programs. In connection with obtaining for the State the benefits of any program, the Department shall coordinate its activities with and represent the interest of all agencies of the State and units of local government and with appropriate and allowable not-for-profit and private organizations having interests in the acquisition, planning, development, and maintenance of recreational trail resources and related facilities within the State.

(b) The Department may execute projects for recreational trail purposes using funds made available to the Department from State appropriations, the federal government, and other public and private sources in the exercise of its statutory powers and duties. Projects involving participating federal-aid funds may be undertaken by the Department after it has been determined that sufficient funds are available to the Department for meeting the non-federal share of project costs. It is the legislative intent that, to the extent as may be necessary to assure the proper operation, maintenance, and preservation of areas and facilities surveyed, acquired, or developed under any program participated in by this State under authority of this Act, the areas and facilities shall be maintained for public recreational trail purposes. The Department may enter into and administer agreements with the United States or any appropriate federal agency for survey, planning, acquisition, development, and preservation projects involving participating federal-aid funds on behalf of any federal, State, or local unit of government or appropriate and allowable not-for-profit or private organizations, provided the federal, State, or local unit of government or appropriate and allowable not-for-profit or private organization, gives necessary assurances to the Department that it has available sufficient funds to meet its share of the cost of the project and that the surveyed, acquired, or developed areas and facilities will be operated and maintained at its expense for public recreational trail use.

(c) The Department may enter into agreements as necessary with the Federal Highway Administration, or any successor agency, for the purpose of authorizing federal obligation limitations for projects under the federal Recreational Trails Program. The Department and the Department of Transportation shall enter into an inter-agency agreement to closely coordinate the obligation of projects authorized by the Illinois Division Office of the Federal Highway Administration to maximize federal funding opportunities.

(Source: P.A. 100-798, eff. 1-1-19.)