093_HB1620
LRB093 04481 JAM 04534 b
1 AN ACT concerning historic preservation.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Historic Preservation Act is
5 amended by changing Section 2 and adding Section 20 as
6 follows:
7 (20 ILCS 3410/2) (from Ch. 127, par. 133d2)
8 Sec. 2. As used in this Act:
9 (a) "Council" means the Illinois Historic Sites Advisory
10 Council;
11 (b) "Demolish" means raze, reconstruct or substantially
12 alter;
13 (c) "Agency" means the Historic Preservation Agency;
14 (d) "Director" means the Director of Historic
15 Preservation who will serve as the State Historic
16 Preservation Officer;
17 (e) "Place" means (1) any parcel or contiguous grouping
18 of parcels of real estate under common or related ownership
19 or control, where any significant improvements are at least
20 40 years old, or (2) any aboriginal mound, fort, earthwork,
21 village, location, burial ground, historic or prehistoric
22 ruin, mine case or other location which is or may be the
23 source of important archeological data;
24 (f) "Registered Illinois Historic Place" means any place
25 listed on the "Illinois Register of Historic Places" pursuant
26 to Section 6 of this Act;
27 (g) "Person" means any natural person, partnership,
28 corporation, trust, estate, association, body politic,
29 agency, or unit of government and its legal representatives,
30 agents, or assigns; and
31 (h) "Municipal Preservation Agency" means any agency
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1 described in Section 11-48.2-3 of the "Illinois Municipal
2 Code", as now or hereafter amended, or any agency with
3 similar authority created by a municipality under Article
4 VII, Section 6 of the Illinois Constitution.
5 (i) "Critical Historic Feature" means those physical and
6 environmental components which taken singly or together, make
7 a place eligible for designation as a Registered Illinois
8 Historic Place.
9 (j) "ILHABS" means the Illinois Historic American
10 Building Survey, a survey of a building or buildings required
11 in accordance with the provisions of the Illinois State
12 Agency Historic Resources Preservation Act (20 ILCS 3420),
13 consisting of architectural drawings, historic context
14 studies, photographs, and other similar elements.
15 (k) "ILHAER" means the Illinois Historic American
16 Engineering Record, a survey of a structure or structures
17 required in accordance with the provisions of the Illinois
18 State Agency Historic Resources Preservation Act (20 ILCS
19 3420), consisting of engineering drawings, historic context
20 studies, photographs, and other similar elements.
21 (l) "Archaeological survey" means the archaeological
22 investigation required in accordance with the provisions of
23 the Illinois State Agency Historic Resources Preservation Act
24 (20 ILCS 3420), consisting of field inspections, excavations,
25 lab work, written reports, curation, and other similar
26 elements.
27 (Source: P.A. 84-25.)
28 (20 ILCS 3410/20 new)
29 Sec. 20. Cultural Resources Mitigation Grant Program.
30 (a) Subject to appropriations, the Agency is authorized
31 to conduct and carry out a pilot program of cultural
32 resources mitigation grants to any person required by the
33 Agency to conduct a survey or undertake an ILHABS or ILHAER
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1 project in accordance with the Illinois State Agency Historic
2 Resources Preservation Act (20 ILCS 3420). The grants shall
3 be available only in counties with more than 40% of their
4 area falling within the high probability area for archaeology
5 as defined in Section 3 of the Illinois State Agency Historic
6 Resources Preservation Act (20 ILCS 3420/3) and having a
7 population of more than 250,000 in the 2000 Census or in any
8 county adjacent to such a county, as long as the adjacent
9 county has more than 30% of its area falling within the high
10 probability area for archaeology. The grants shall be known
11 as Cultural Resources Mitigation Grants. Cultural Resources
12 Mitigation Grant Program funds shall not be provided to any
13 other State department or agency. No grant shall be given for
14 the removal of burials, nor shall any grant be given for a
15 project that would damage a publicly or privately owned site
16 listed in the National Register of Historic Places.
17 (b) Grants shall be awarded for Phase II and III
18 Archaeological reports, or an ILHABS or ILHAER, subject to
19 availability of funding.
20 (c) Grant applications may be accepted by the Agency on
21 or after July 1 of each fiscal year, subject to available
22 funding.
23 (d) The Agency must notify, in writing, the grant
24 applicant, no later than 30 days after the grant application
25 has been received by the Agency, of acceptance or denial.
26 (e) Each grant shall be limited to a maximum of $75,000
27 and no entity shall receive more than one grant per site per
28 fiscal year.
29 (f) A grant amount shall not exceed 75% of the project
30 amount for a Phase III survey and shall not exceed 50% of the
31 project amount for a Phase II survey or of an ILHABS or
32 ILHAER project, with the remainder to be provided as matching
33 funds by the applicant.
34 (g) The Agency may enter into any contracts or
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1 agreements that may be necessary to carry out its duties or
2 responsibilities under this Section. The Agency may adopt
3 rules setting forth procedures and criteria for administering
4 the Cultural Resources Mitigation Grant Program. The rules
5 adopted by the Agency may include but shall not be limited to
6 the following:
7 (1) purposes for which grants are available;
8 (2) content of applications;
9 (3) procedures and criteria for Agency review of
10 grant applications, grant approvals and denials, and
11 grantee acceptance;
12 (4) grant payment schedules;
13 (5) grantee responsibilities for work schedules,
14 work plans, reports, and record keeping;
15 (6) evaluation of grantee performance, including
16 but not limited to auditing of and access to sites and
17 records;
18 (7) requirements applicable to contracting and
19 subcontracting by the grantee;
20 (8) penalties for noncompliance with grant
21 requirements and conditions, including stop-work orders,
22 termination of grants, and recovery of grant funds; and
23 (9) indemnification of this State and the Agency by
24 the grantee.
25 (h) There is created in the State treasury a special
26 fund to be known as the Cultural Resources Mitigation Grant
27 Fund. Funds from the Cultural Resources Mitigation Grant Fund
28 shall be appropriated only for the purpose of this Section.
29 The Fund shall consist of all moneys that may be appropriated
30 to it by the General Assembly, any gifts, contributions,
31 grants, or bequests received from federal, private, or other
32 sources, and moneys from the repayment of any grants
33 terminated, suspended, or revoked pursuant to this Section.
34 Notwithstanding any other provision of law, no portion of the
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1 Fund, including interest, shall be transferred to the General
2 Revenue Fund at the end of any fiscal year.
3 (i) At least annually, the State Treasurer shall certify
4 to the Agency the amount deposited into the Cultural
5 Resources Mitigation Grant Fund.
6 (j) Any portion of the Cultural Resources Mitigation
7 Grant Fund not immediately needed for the Cultural Resources
8 Mitigation Grant Program shall be invested by the State
9 Treasurer as provided by the laws of this State. All income
10 from such investments shall be deposited into the Cultural
11 Resources Mitigation Grant Fund.
12 Section 10. The Illinois State Agency Historic Resources
13 Preservation Act is amended by adding Section 10 as follows:
14 (20 ILCS 3420/10 new)
15 Sec. 10. Appeals.
16 (a) Any person who is required by the Agency to conduct
17 an archaeological investigation or to undertake an ILHABS or
18 ILHAER project under the provisions of this Act may in
19 writing appeal such requirement by submitting the following
20 to the Director within 14 calendar days of receiving the
21 Agency's request for such work:
22 (1) A brief description of the reasons why the work
23 should not be required, or should not be required in the
24 manner requested, under this Act.
25 (2) Any supporting materials.
26 (3) The name and contact information of the
27 individual who will serve as the contact for purposes of
28 the written appeal.
29 (b) Within 30 calendar days the Agency shall provide
30 written reasons as to why the investigation or project will
31 be required as requested, not required at all, or required in
32 a modified manner.
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1 (c) The Agency shall maintain a record of all such
2 appeals and the decisions made.
3 Section 15. The State Finance Act is amended by adding
4 Section 5.595 as follows:
5 (30 ILCS 105/5.595 new)
6 Sec. 5.595. The Cultural Resources Mitigation Grant Fund.