Rep. Thomas M. Bennett
Filed: 4/7/2017
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1 | AMENDMENT TO HOUSE BILL 2031
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2 | AMENDMENT NO. ______. Amend House Bill 2031 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Illinois Natural Areas Stewardship Act. | ||||||
6 | Section 5. Legislative findings and statement of public | ||||||
7 | policy. | ||||||
8 | (a) The General Assembly finds that: | ||||||
9 | (1) The Illinois Natural Areas Preservation Act | ||||||
10 | defines natural areas and creates the Illinois Nature | ||||||
11 | Preserves Commission to preserve the highest quality | ||||||
12 | natural areas in perpetuity to sustain for the people of | ||||||
13 | present and future generations the benefits of an enduring | ||||||
14 | resource of natural areas, including the elements of | ||||||
15 | natural diversity present. | ||||||
16 | (2) The Natural Areas Acquisition Fund, established in |
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1 | the Open Lands Acquisition and Development Act, shall be | ||||||
2 | used by the Department of Natural Resources for the | ||||||
3 | acquisition, preservation, and stewardship of natural | ||||||
4 | areas, including habitats for endangered and threatened | ||||||
5 | species, high quality natural communities, wetlands, and | ||||||
6 | other areas with unique or unusual natural heritage | ||||||
7 | qualities. | ||||||
8 | (3) The condition of dedicated and registered sites | ||||||
9 | tends to degrade over time without stewardship actions. | ||||||
10 | Once degraded, the public's significant investment is | ||||||
11 | devalued and these natural areas provide reduced benefit to | ||||||
12 | the people of present and future generations. | ||||||
13 | (4) Conservation land trusts have experience managing | ||||||
14 | natural areas in order to counter the constant and | ||||||
15 | increasing pressures exerted on conservation lands by | ||||||
16 | ecological succession, habitat fragmentation, hydrological | ||||||
17 | alteration, pollution, encroachment by invasive and exotic | ||||||
18 | species, and criminal trespass. | ||||||
19 | (5) This Act and the powers afforded to the Illinois | ||||||
20 | Nature Preserves Commission are desirable to guide and | ||||||
21 | preserve the highest quality natural areas in perpetuity. | ||||||
22 | (b) It is the purpose of this Act to: | ||||||
23 | (1) increase stewardship by providing stewardship | ||||||
24 | grants to conservation land trusts to help perform | ||||||
25 | stewardship actions on eligible lands; and | ||||||
26 | (2) to enhance stewardship capacity within |
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1 | conservation land trusts in local areas. | ||||||
2 | Section 10. Definitions. As used in this Act: | ||||||
3 | "Administrative decision" has the same meaning ascribed to | ||||||
4 | the term in Section 3-101 of the Administrative Review Law of | ||||||
5 | the Code of Civil Procedure. | ||||||
6 | "Commission" means the Illinois Nature Preserves | ||||||
7 | Commission. | ||||||
8 | "Conservation land trust" means an entity exempt from | ||||||
9 | taxation under Section 501 (c)(3) of the federal Internal | ||||||
10 | Revenue Code whose purposes include the restoration, | ||||||
11 | stewardship, or conservation of land, natural areas, open | ||||||
12 | space, or water areas for the preservation of native plants or | ||||||
13 | animals, biotic communities, geologic formations, or | ||||||
14 | archeological sites of significance. | ||||||
15 | "Department" means the Department of Natural Resources. | ||||||
16 | "Eligible land" means a site that has been dedicated by the | ||||||
17 | Commission as an Illinois Nature Preserve or dedicated buffer | ||||||
18 | or registered as a Land and Water Reserve, and has a current, | ||||||
19 | approved management schedule. | ||||||
20 | "Illinois Natural Areas Stewardship Grant Program" means a | ||||||
21 | program established under Section 20 of this Act. | ||||||
22 | "Land" means real property and ownership rights applying to | ||||||
23 | it and includes the real property, structures, and | ||||||
24 | improvements. | ||||||
25 | "Management schedule" means an approved document |
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1 | consistent with rules for Management of Nature Preserves or | ||||||
2 | rules for Register of Land and Water Reserves under the | ||||||
3 | Illinois Administrative Code developed for the preservation, | ||||||
4 | protection, management, and use of lands. | ||||||
5 | "Stewardship actions" means actions identified in an | ||||||
6 | approved management schedule which are designed to maintain, | ||||||
7 | preserve, or improve the condition of native natural | ||||||
8 | communities, diversity of species, and ecological processes on | ||||||
9 | eligible lands, such as, but not limited to, prescribed burns, | ||||||
10 | control of exotic and invasive species, fencing, and other | ||||||
11 | restorative practices. | ||||||
12 | "Stewardship grant" means a grant from the Department to a | ||||||
13 | conservation land trust for the purpose of providing | ||||||
14 | stewardship actions under Section 20 of this Act. | ||||||
15 | Section 15. Powers, duties, and authorizations. The | ||||||
16 | Department may: | ||||||
17 | (1) make stewardship grants under Section 20 of this | ||||||
18 | Act from the Natural Areas Acquisition Fund to conservation | ||||||
19 | land trusts to conduct stewardship actions on eligible | ||||||
20 | lands; | ||||||
21 | (2) establish the total amount of funds available for | ||||||
22 | annual stewardship grants, except the amount of | ||||||
23 | stewardship grants made for any fiscal year may not exceed | ||||||
24 | the amount set by administrative rule and shall not result | ||||||
25 | in adverse impacts on the operations funded by the Natural |
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1 | Areas Acquisition Fund; | ||||||
2 | (3) accept and receive any funds including by | ||||||
3 | agreement, grant, contract, donation, gift, or bequest | ||||||
4 | from any corporation, foundation, non-governmental agency, | ||||||
5 | individual, or instrumentality of any of those for the | ||||||
6 | purposes of executing stewardship grants under this Act and | ||||||
7 | these funds are to be deposited into the Natural Areas | ||||||
8 | Acquisition Fund; | ||||||
9 | (4) develop and administer the Illinois Natural Areas | ||||||
10 | Stewardship Grant Program within the Department; | ||||||
11 | (5) adopt rules to effectuate the purposes of this Act; | ||||||
12 | or | ||||||
13 | (6) use funds received under this Act to pay for the | ||||||
14 | cost of departmental personnel; contractual, professional | ||||||
15 | or technical services; and equipment, materials, and | ||||||
16 | supplies necessary or appropriate to perform the functions | ||||||
17 | under this Act. | ||||||
18 | Section 20. Illinois Natural Areas Stewardship Grant | ||||||
19 | Program. | ||||||
20 | (a) The Illinois Natural Areas Stewardship Grant Program is | ||||||
21 | established to make grants to conservation land trusts for the | ||||||
22 | purpose of promoting stewardship actions on eligible lands. | ||||||
23 | (b) A conservation land trust in good standing with the | ||||||
24 | federal Internal Revenue Service may apply for a grant. | ||||||
25 | (c) An agency, organization, or entity that has taxing |
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1 | powers, collects taxes, or has eminent domain powers is not | ||||||
2 | eligible to apply for the grant program under this Act. | ||||||
3 | (d) Eligible land held by agencies, organizations, or other | ||||||
4 | entities may be the recipient of stewardship actions conducted | ||||||
5 | under the grant as long as there is a properly executed | ||||||
6 | agreement between the agency, organization, or entity and the | ||||||
7 | conservation land trust that has been awarded the grant. | ||||||
8 | (e) The Department shall adopt administrative rules in | ||||||
9 | consultation with the Commission for grant writing, the | ||||||
10 | selection of grant recipients, amount of grant awards, and | ||||||
11 | eligibility requirements to implement the purposes of this Act. | ||||||
12 | However, the rules shall include the following requirements: | ||||||
13 | (1) amounts for match and caps for any stewardship | ||||||
14 | grant under this Act; and | ||||||
15 | (2) the Commission shall be notified of any agreement | ||||||
16 | between a conservation land trust and an owner of eligible | ||||||
17 | lands for stewardship actions to be conducted under the | ||||||
18 | grant agreement. | ||||||
19 | Section 25. Priorities. In considering applications for | ||||||
20 | grants under this Act, the Department shall establish | ||||||
21 | priorities that: | ||||||
22 | (1) provide the greatest benefit to implementing the needs | ||||||
23 | and priorities identified in the Illinois Natural Area Plan, | ||||||
24 | the Illinois Sustainable Natural Areas Vision, and the Illinois | ||||||
25 | Wildlife Action Plan; |
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1 | (2) provide the greatest benefit to other stewardship needs | ||||||
2 | identified by the Department, in consultation with the | ||||||
3 | Commission, in administrative rule; and | ||||||
4 | (3) consider, but not be limited to, the rarity and | ||||||
5 | condition of resources, severity of stewardship need, | ||||||
6 | timeliness of actions, proposed stewardship actions, and | ||||||
7 | availability of other resources. | ||||||
8 | Section 30. Administrative Review Law. All final | ||||||
9 | administrative decisions under this Act are subject to judicial | ||||||
10 | review under the Administrative Review Law of the Code of Civil | ||||||
11 | Procedure. | ||||||
12 | Section 35. Fund depository. All funds, assessments, | ||||||
13 | fines, settlements, compensations, transfers, appropriations, | ||||||
14 | penalties, and donations made under this Act shall be deposited | ||||||
15 | into the Natural Areas Acquisition Fund subject to the | ||||||
16 | limitations described in subsection (2) of Section 15 of this | ||||||
17 | Act.
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.".
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