093_HB2541ham001

 










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 1                    AMENDMENT TO HOUSE BILL 2541

 2        AMENDMENT NO.     .  Amend House Bill 2541  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.  The Illinois Open Land Trust Act is amended
 5    by changing Sections 5, 10, 15, 25, and 30 as follows:

 6        (525 ILCS 33/5)
 7        Sec. 5.  Policy.
 8        (a)  The provision  of  lands  for  the  conservation  of
 9    natural  resources  and  public recreation promote the public
10    health,  prosperity,  and  general  welfare  and  are  proper
11    responsibilities of State government.
12        (b)  Lands  now  dedicated  to  these  purposes  are  not
13    adequate to protect the quality of life and meet the needs of
14    an expanding population.
15        (c)  Natural areas,  wetlands,  forests,  prairies,  open
16    spaces,  and  greenways provide critical habitat for fish and
17    wildlife and are in need of protection.
18        (d)  The opportunity to acquire lands that are  available
19    and  appropriate  for these purposes will gradually disappear
20    as their cost correspondingly increases.
21        (e)  It is  desirable  to  encourage  partnerships  among
22    federal,  State,  and  local  governments  and not-for-profit
 
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 1    corporations for the acquisition of land for conservation and
 2    recreation purposes.
 3        (f)  It is necessary and desirable to provide  assistance
 4    in  the form of grants and loans to units of local government
 5    and conservation organizations to  acquire  lands  that  have
 6    significant conservation and recreation attributes.
 7    (Source: P.A. 91-220, eff. 7-21-99.)

 8        (525 ILCS 33/10)
 9        Sec. 10.  Definitions. As used in this Act:
10        "Conservation  and  recreation purposes" means activities
11    that are consistent with the protection and  preservation  of
12    open  lands,  natural  areas,  wetlands,  prairies,  forests,
13    watersheds,  resource-rich  areas,  greenways,  and  fish and
14    wildlife habitats, including multiple use  such  as  hunting,
15    fishing, trapping, and other recreational uses.
16        "Conservation easement" means a nonpossessory interest in
17    real property imposing limitations or affirmative obligations
18    the   purposes  of  which  include  retaining  or  protecting
19    natural, scenic,  or  open-space  values  of  real  property,
20    assuring   its  availability  for  forest,  recreational,  or
21    open-space use, protecting natural resources, maintaining  or
22    enhancing  air  or  water quality, or preserving the natural,
23    historical, architectural, archaeological archacological,  or
24    cultural  aspects  of real property.  A conservation easement
25    may be released at any time by mutual consent of the parties.
26        "Conservation  organization"   means   a   not-for-profit
27    corporation  under  Section 501(c)(3) of the Internal Revenue
28    Code  of  1986  whose  mission  includes   the   acquisition,
29    preservation,  and  long-term management of land in a natural
30    condition.
31        "Department" means the Department of Natural Resources.
32        "Natural area" means an area of land that either  retains
33    or has recovered to a substantial degree its original natural
 
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 1    or  primeval  character,  though  it  need  not be completely
 2    undisturbed, or has floral, faunal,  ecological,  geological,
 3    or   archaeological   features  of  scientific,  educational,
 4    scenic, or esthetic interest.
 5        "Open  space"  means  those  undeveloped   or   minimally
 6    developed  lands  that  conserve and protect valuable natural
 7    features or processes.
 8        "Real  property"  means  land,   including   improvements
 9    existing on the land.
10        "Units  of  local  government" means counties, townships,
11    municipalities,  park  districts,   conservation   districts,
12    forest  preserve  districts, river conservancy districts, and
13    any other units  of  local  government  empowered  to  expend
14    public  funds for the acquisition and development of land for
15    public outdoor park, recreation, or conservation purposes.
16    (Source: P.A. 91-220, eff. 7-21-99.)

17        (525 ILCS 33/15)
18        Sec. 15.  Powers and duties.  The Department  of  Natural
19    Resources has the following powers and duties:
20        (a)  To  develop  and  administer  the Illinois Open Land
21    Trust program.
22        (b)  To acquire real property, including, but not limited
23    to,  open  space  and  natural  areas  for  conservation  and
24    recreation purposes.  The lands shall  be  held  in  (i)  fee
25    simple  title  or  (ii)  conservation  easements  for natural
26    areas, provided that these mechanisms are  all  voluntary  on
27    the  part  of  the  landowners  and do not involve the use of
28    eminent domain.
29        (c)  To make grants to  units  of  local  government  and
30    conservation  organizations  under  Section 25 of this Act in
31    consultation with the Natural Resources Advisory Board.
32        (d)  To make loans  to  units  of  local  government  and
33    conservation  organizations  under  Section 30 of this Act in
 
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 1    consultation with the Natural Resources Advisory Board.
 2        (e)  To promulgate any  rules,  regulations,  guidelines,
 3    and  directives  necessary  to implement the purposes of this
 4    Act.
 5        (f)  To execute  contracts,  grant  or  loan  agreements,
 6    memoranda  of  understanding,  intergovernmental  cooperation
 7    agreements,   and  any  other  agreements  with  other  State
 8    agencies, and units of  local  government,  and  conservation
 9    organizations that are necessary to implement this Act.
10        (g)  To  execute  contracts,  memoranda of understanding,
11    and any other  agreements  with  not-for-profit  corporations
12    that are consistent with the purpose of this Act.
13        (h)  To  accept grants, loans, or appropriations from the
14    federal  government  or  the  State,   or   any   agency   or
15    instrumentality  thereof,  for the purposes of the Department
16    under this Act, including to make loans of any funds  and  to
17    enter  into  any agreement with the federal government or the
18    State,  or  any  agency  or   instrumentality   thereof,   in
19    relationship to the grants, loans, or appropriations.
20        (i)  To establish any interest rates, terms of repayment,
21    and  other terms and conditions regarding loans made pursuant
22    to  this  Act  that  the  Department   deems   necessary   or
23    appropriate  to protect the public interest and carry out the
24    purposes of this Act.
25        (j)  To establish  application,  eligibility,  selection,
26    notification,  contract,  and  other  procedures,  rules,  or
27    regulations deemed necessary and appropriate to carry out the
28    provisions of this Act.
29        (k)  To fix, determine, charge, and collect any premiums,
30    fees,   charges,  costs,  and  expenses,  including,  without
31    limitation, any application fees,  commitment  fees,  program
32    fees, or financing charges from any person in connection with
33    its activities under this Act.
34        (l)  To  report  annually to the Governor and the General
 
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 1    Assembly on the progress made in implementing this Act and on
 2    the status of all real property acquired pursuant to the Act.
 3    (Source: P.A. 91-220, eff. 7-21-99.)

 4        (525 ILCS 33/25)
 5        Sec. 25.  Grant program.  From appropriations  for  these
 6    purposes,  the  Department  may make grants to units of local
 7    government  and  conservation  organizations   as   financial
 8    assistance  for  the  acquisition  of  open space and natural
 9    lands  if  the  Department  determines  that   the   property
10    interests  are  sufficient  to carry out the purposes of this
11    Act.
12        The Department shall adopt rules concerning the selection
13    or grant recipients, amount of grant awards, and  eligibility
14    requirements.    The   rules   must   include  the  following
15    additional requirements:
16             (1)  No more than $2,000,000 may be awarded  to  any
17        grantee for a single project for any fiscal year.
18             (2)  Any  grant  under  this Act must be conditioned
19        upon the grantee providing a required match as defined by
20        rule.
21             (3)  Funds may be used only to purchase interests in
22        land from willing sellers and may not involve the use  of
23        eminent domain.
24             (4)  The  Department  shall  provide  for  a  public
25        meeting to be conducted by the Natural Resources Advisory
26        Board prior to grant approval.
27             (5)  All  real  property  acquired  with grant funds
28        must be accessible to the  public  for  conservation  and
29        recreation  purposes,  unless  the  Department determines
30        that public accessibility would  be  detrimental  to  the
31        real property or any associated natural resources.
32             (6)  No  real property acquired with grant funds may
33        be sold,  leased,  exchanged,  or  otherwise  encumbered,
 
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 1        unless  it  is  used to qualify for a federal program or,
 2        subject  to  Department  approval,  transferred  to   the
 3        federal  government,  the  State,  or  a  unit  of  local
 4        government,    or   a   conservation   organization   for
 5        conservation and recreation purposes consistent with this
 6        Act.
 7             (7)  All grantees must agree to convey to the  State
 8        at  no  charge a conservation easement on the lands to be
 9        acquired using the grant funds.
10             (8)  Grantees  must  agree  to   manage   lands   in
11        accordance  with  the  terms of the grant. Any changes in
12        management must be  approved  by  the  Department  before
13        implementation.
14             (9)  The  Department is authorized to promulgate, by
15        rule,  any  other  reasonable   requirements   determined
16        necessary to effectively implement this Act.
17    (Source: P.A. 91-220, eff. 7-21-99.)

18        (525 ILCS 33/30)
19        Sec.  30.   Open  Lands Loan Program.  The Department may
20    establish an Open Lands Loan Program to make loans  to  units
21    of  local  government  and conservation organizations for the
22    purpose of assisting in the  purchase  of  real  property  to
23    protect  open  spaces  and  lands  with  significant  natural
24    resource attributes.  For purposes of the program, and not by
25    way  of limitation on any other purposes or programs provided
26    for in this Act, there is hereby established the  Open  Lands
27    Loan  Fund,  a  special  fund  in  the  State  treasury.  The
28    Department  has  the power to use any appropriations from the
29    State made for the purposes under this Act and to enter  into
30    any  intergovernmental agreements with the federal government
31    or the State, or any instrumentality thereof, for purposes of
32    capitalizing the Open Lands Loan Fund.  Moneys  in  the  Open
33    Lands  Loan  Fund  may be used for any purpose under the Open
 
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 1    Lands Loan Program including, without limitation, the  making
 2    of loans permitted under this Act.
 3        The  Department  may  establish  and collect any fees and
 4    charges, determine and enforce any terms and conditions,  and
 5    charge  any interest rates that it determines to be necessary
 6    and appropriate to the successful administration of the  Open
 7    Lands Loan Program.  All principal and interest repayments on
 8    loans  made  using  funds  withdrawn from the Open Lands Loan
 9    Fund shall be deposited into the Open Lands Loan Fund  to  be
10    used  for  the purposes of the Open Lands Loan program or for
11    any other purpose under this Act that the Department, in  its
12    discretion, finds appropriate.  Investment earnings on moneys
13    held  in  the  Open Lands Loan Fund or in any reserve fund or
14    pledged fund created with funds withdrawn from the Open Lands
15    Loan Fund must be treated in the same way as loan repayments.
16    The Department shall promulgate  rules  concerning  selection
17    and  eligibility  requirements.  The  rules shall include the
18    following additional requirements:
19             (1)  Units  of  local  government  and  conservation
20        organizations receiving loans under this Act  to  acquire
21        real property must:
22                  (A)  agree   to   make   and   keep  the  lands
23             accessible  to  the  public  for  conservation   and
24             recreation,  unless  the  Department determines that
25             public accessibility would  be  detrimental  to  the
26             lands  or  any natural resources associated with the
27             land;
28                  (B)  agree that all real property acquired with
29             loan proceeds shall not be sold, leased,  exchanged,
30             or otherwise encumbered unless it is used to qualify
31             for  a  federal  program  or,  subject to Department
32             approval, transferred to the federal government, the
33             State,  or  a   unit   of   local   government   for
34             conservation and recreation purposes consistent with
 
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 1             this Act;
 2                  (C)  agree  to  execute and donate to the State
 3             at no charge a conservation easement on the lands to
 4             be acquired; and
 5                  (D)  agree to manage lands in  accordance  with
 6             the  terms  of  the loan.  Any changes in management
 7             must  be   approved   by   the   Department   before
 8             implementation.
 9             (2)  Loans  made by the Department to units of local
10        government must be secured by interests in collateral and
11        guarantees that the Department determines  are  necessary
12        to  protect the Department's interest in the repayment of
13        the principal and interest, if any,  of  each  loan  made
14        under this Section.
15             (3)  Loans  made  by the Department may be used only
16        to purchase interests in land from  willing  sellers  and
17        may not involve the use of eminent domain.
18             (4)  Borrowers  may  not use the proceeds from other
19        Department grant programs to repay loans made under  this
20        program.
21             (5)  Borrowers   must   agree  to  manage  lands  in
22        accordance with the terms of the  loan.  Any  changes  in
23        management  must  be  approved  by  the Department before
24        implementation.
25             (6)  The Department is authorized to promulgate,  by
26        rule,   other   reasonable   requirements   necessary  to
27        effectively implement this Act.
28    (Source: P.A. 91-220, eff. 7-21-99.)

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.".