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92_HB0276eng HB0276 Engrossed LRB9202685JMmbA 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 HB0276 Engrossed -2- LRB9202685JMmbA 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 HB0276 Engrossed -3- LRB9202685JMmbA 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 HB0276 Engrossed -4- LRB9202685JMmbA 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 HB0276 Engrossed -5- LRB9202685JMmbA 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. HB0276 Engrossed -6- LRB9202685JMmbA 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 5.545 as follows: 5 (30 ILCS 105/5.545 new) 6 Sec. 5.545. The Cultural Resources Mitigation Grant Fund. 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.