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(5 ILCS 615/2)
(from Ch. 96 1/2, par. 5002)
State issuance of extraction permits; prohibited activities.
Department of Natural Resources
shall be empowered with
respect to public lands to grant permits and leases in the name of the
State of Illinois, with the approval of the Governor in writing, for the
extraction of oil, gas and other petroleum deposits, except that no surface
extraction activities shall be performed nor production equipment located on
lands owned by the Department of Natural Resources if the State owns 100% of
the underlying mineral interests of those lands. Extraction activities
underlying lands owned by the Department of Natural Resources that utilize
directional drilling techniques may be permitted at the discretion of the
the Department shall not grant permits on leases for the extraction of oil,
gas, and other petroleum deposits from the following
classifications of lands if the State owns 100% of the underlying mineral
interests: (1) lands where threatened or endangered species occur, as
determined pursuant to the federal Endangered Species Act or the Illinois
Endangered Species Protection Act, (2) Illinois Natural Area Inventory sites,
(3) nature preserves dedicated under the Illinois Natural Areas Preservation
(4) lands containing a
wild and scenic river as designated under the Wild and Scenic River Area Act,
(5) lands registered under the Register of Land and Water Reserves under Part
4010 of Title 17 of the Illinois Administrative Code, and (6) lands on which
federal or State laws or regulations prohibit the surface extraction or
production facility activity. The grant of such
permits or leases shall be subject to the terms and conditions hereinafter
set forth in this Act.
(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97.)