Full Text of HB0390 97th General Assembly
HB0390ham001 97TH GENERAL ASSEMBLY | Rep. Dan Reitz Filed: 4/7/2011
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| 1 | | AMENDMENT TO HOUSE BILL 390
| 2 | | AMENDMENT NO. ______. Amend House Bill 390 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The State Parks Designation Act is amended by | 5 | | adding Section 11 as follows: | 6 | | (20 ILCS 840/11 new) | 7 | | Sec. 11. Leasing property. | 8 | | (a) Notwithstanding any provision of this Act or any other | 9 | | law to the contrary, property located within Pyramid State Park | 10 | | and described in subsection (b) of this Section shall not be | 11 | | deemed park property, and the Department of Natural Resources | 12 | | shall lease such property to a private entity owning property | 13 | | adjacent thereto on which mining operations are planned, | 14 | | provided that the private entity shall demonstrate to the | 15 | | Department that: | 16 | | (1) the property described in subsection (b) of this |
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| 1 | | Section does not include areas: | 2 | | (A) listed on the Illinois Natural Areas | 3 | | Inventory; | 4 | | (B) serving as known habitats for species listed as | 5 | | threatened or endangered in Illinois; | 6 | | (C) serving as part of a floodplain; or | 7 | | (D) that are part of an Illinois State Natural | 8 | | Preserve. | 9 | | (2) mining operations are feasible on the adjacent | 10 | | property; | 11 | | (3) such operations shall consist of overburden | 12 | | removal and, at the option of the Department, replacement | 13 | | of topsoil in reclamation; | 14 | | (4) such operations shall have a significant impact on | 15 | | the local economy as they are projected to create | 16 | | employment opportunities for approximately 45 persons and | 17 | | to serve as the source of payroll and direct expenditures | 18 | | of approximately $12 to $15 million per year; | 19 | | (5) no surface mining shall be conducted on the | 20 | | property described in subsection (b) of this Section; | 21 | | (6) the property described in subsection (b) of this | 22 | | Section and the property adjacent thereto on which mining | 23 | | operations are planned shall be reclaimed by the State on | 24 | | the expiration of the lease and shall be fit for | 25 | | conservation and recreation purposes; and | 26 | | (7) the property adjacent to the property described in |
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| 1 | | subsection (b) of this Section consists of 240 acres and | 2 | | shall ultimately be transferred to the State. | 3 | | (b) The property is described as follows: | 4 | | The East 300 feet of even width of the Northwest | 5 | | Quarter, of Section 8, | 6 | | And | 7 | | The East 300 feet of even width of the South 1,620 feet | 8 | | of the Southwest Quarter, Section 5 | 9 | | And | 10 | | South 300 feet of even width of the North Half of the | 11 | | Southeast Quarter, Section 5, | 12 | | And | 13 | | The West 300 feet of even width of the South 1,620 feet | 14 | | of the Southwest Quarter, Section 4 | 15 | | And | 16 | | The West 300 feet of even width of the North 2,940 feet | 17 | | of the West Half, Section 9 | 18 | | And | 19 | | North Half of the Southeast Quarter, Section 8. | 20 | | All in Township 6 South, Range 3 West, of the Third | 21 | | Principal Meridian, Perry County, Illinois. | 22 | | (c) The Department of Natural Resources shall lease the | 23 | | property described in subsection (b) of this Section for fair | 24 | | market value, and the term of the lease shall be for a period | 25 | | of no longer than 10 years with no option for renewal. | 26 | | (d) Prior to the execution of the lease, the private entity |
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| 1 | | owning property adjacent to the property described in | 2 | | subsection (b) of this Section shall provide a plan to the | 3 | | Department of Natural Resources for the reclamation by the | 4 | | State of both the property described in subsection (b) of this | 5 | | Section and the property adjacent thereto on which mining | 6 | | operations are planned. The plan shall include a cost estimate | 7 | | and timeline for reclamation activities. At the option of the | 8 | | Department, both properties shall be reclaimed to farmland | 9 | | standards, with reclamation activities occurring | 10 | | contemporaneously with farmland activities. On the expiration | 11 | | of the lease and on request of the Department of Natural | 12 | | Resources, the private entity must execute the reclamation | 13 | | plan. | 14 | | (e) Any and all leases for the property described in | 15 | | subsection (b) of this Section in effect on the effective date | 16 | | of this amendatory Act of the 97th General Assembly are | 17 | | terminated by operation of law. | 18 | | (f) The provisions of this Section only apply to property | 19 | | described in subsection (b) of this Section and property | 20 | | adjacent thereto, and do not apply to any other property within | 21 | | Pyramid State Park, any other property within any other | 22 | | designated State park under the jurisdiction of the Department | 23 | | of Natural Resources, or any other State property. | 24 | | (g) The requirement that the Department lease property | 25 | | under this Section shall not apply if the Department determines | 26 | | that mining activities pose a risk to the recreational uses, |
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| 1 | | wildlife, hydrology, water quality, habitat, or potential for | 2 | | habitat restoration of lands owned by the Department.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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