State of Illinois
92nd General Assembly

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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
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 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
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 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
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 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
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 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.

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