Full Text of HB0390 97th General Assembly
HB0390ham002 97TH GENERAL ASSEMBLY | Rep. Dan Reitz Filed: 4/11/2011
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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 no longer | 11 | | be designated part of Pyramid State Park and the Department of | 12 | | Natural Resources is authorized to lease such property to a | 13 | | private entity having options to purchase property adjacent | 14 | | thereto on which mining operations are planned, provided that | 15 | | the private entity shall demonstrate to the 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 critical habitats for species | 5 | | listed as 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 for the extraction of coal shall | 20 | | be conducted on the property described in subsection (b) of | 21 | | this Section; | 22 | | (6) the property described in subsection (b) of this | 23 | | Section and the property adjacent thereto on which mining | 24 | | operations are planned shall be reclaimed by the private | 25 | | entity on the expiration of the lease and shall be fit for | 26 | | conservation and recreation purposes; and |
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| 1 | | (7) the adjacent property consists of 240 acres and | 2 | | shall ultimately be conveyed to the State, Department of | 3 | | Natural Resources. | 4 | | (b) The property is described as follows: | 5 | | The East 300 feet of even width of the Northwest | 6 | | Quarter, of Section 8, | 7 | | And | 8 | | The East 300 feet of even width of the South 1,620 feet | 9 | | of the Southwest Quarter, Section 5 | 10 | | And | 11 | | South 300 feet of even width of the North Half of the | 12 | | Southeast Quarter, Section 5, | 13 | | And | 14 | | The West 300 feet of even width of the South 1,620 feet | 15 | | of the Southwest Quarter, Section 4 | 16 | | And | 17 | | The West 300 feet of even width of the North 2,940 feet | 18 | | of the West Half, Section 9 | 19 | | And | 20 | | North Half of the Southeast Quarter, Section 8. | 21 | | All in Township 6 South, Range 3 West, of the Third | 22 | | Principal Meridian, Perry County, Illinois. | 23 | | (c) The Department of Natural Resources shall lease the | 24 | | property described in subsection (b) of this Section for fair | 25 | | market value, and the term of the lease shall be for a period | 26 | | of no longer than 10 years with no option for renewal. |
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| 1 | | (d) Prior to the execution of the lease, the private entity | 2 | | must receive Department approval of a plan for the reclamation | 3 | | of both the property described in subsection (b) of this | 4 | | Section and the property adjacent thereto on which mining | 5 | | operations are planned. The plan shall include a cost estimate | 6 | | and timeline for reclamation activities. The private entity | 7 | | shall provide financial assurance in an amount and in a form | 8 | | sufficient to fund all reclamation activities in the | 9 | | Department-approved reclamation plan. At the option of the | 10 | | Department, both properties shall be reclaimed to farmland | 11 | | standards, with reclamation activities occurring | 12 | | contemporaneously with farmland activities. On the expiration | 13 | | of the lease and upon the request of the Department of Natural | 14 | | Resources, the private entity must execute the reclamation | 15 | | plan. | 16 | | (e) Any and all leases for the property described in | 17 | | subsection (b) of this Section in effect on the effective date | 18 | | of this amendatory Act of the 97th General Assembly are | 19 | | terminated by operation of law. | 20 | | (f) The provisions of this Section only apply to property | 21 | | described in subsection (b) of this Section and property | 22 | | adjacent thereto, and do not apply to any other property within | 23 | | Pyramid State Park, any other property within any other | 24 | | designated State park under the jurisdiction of the Department | 25 | | of Natural Resources, or any other State property. | 26 | | (g) The authorization for the Department lease property |
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| 1 | | under this Section shall not apply if the Department determines | 2 | | that mining activities pose a risk to the recreational uses, | 3 | | wildlife, hydrology, water quality, habitat, or potential for | 4 | | habitat restoration of lands owned by the Department.
| 5 | | Section 99. Effective date. This Act takes effect upon | 6 | | becoming law.".
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