TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.110 PURPOSE
Section 4020.110 Purpose
The purpose of this Part is:
a) To
clarify the type of data included in inventories, registers and records
compiled and maintained on behalf of the Commission.
b) To
establish and describe fees to recover the actual cost of collecting, storing,
managing, compiling and providing access to natural heritage data, including inventories,
registers and records required by Section 6.01 of the Act.
c) To describe the limits
on how accessed natural heritage data may be used.
 | TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.120 APPLICABILITY
Section 4020.120 Applicability
This Part applies to all natural heritage data compiled and
maintained on behalf of the Commission as requried by Section 6.01 of the Act.
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.130 DEFINITIONS
Section 4020.130 Definitions
As used in this Part, the following terms have the meanings
indicated, except where context requires otherwise:
"Act" means the Illinois
Natural Area Preservation Act [525 ILCS 30].
"Board" means the
Illinois Endangered Species Protection Board created by Section 6 of the
Illinois Endangered Species Protect Act [520 ILCS 10/6].
"Commission" means the
Illinois Nature Preserves Commission created by Section 4 of the Act.
"Department" means the
Illinois Department of Natural Resources.
"Element Occurrence"
means an area of land and/or water in which a species is, or was, reported to
be present or means a local population.
"Licensee" means any
person licensed to use natural heritage data subject to the terms of a Data
Licensing Agreement.
"Natural Areas Acquisition
Fund" means the Illinois Natural Areas Acquisition Fund established in
Section 14 of the Open Space Lands Acquisition and Development Act [525 ILCS
35/14]. The fund is used by the Department for the acquisition, preservation
and stewardship of natural areas, including habitats for endangered and
threatened species, high quality natural communities, wetlands, and other areas
with unique or unusual natural heritage qualities.
"Natural Heritage Data",
"Natural Heritage Database" or "Data" means recorded
information on the biology, existence and locations of threatened and
endangered species and other species; protective status of these species;
inventories of natural features, including, but not limited to, the Illinois
Natural Areas Inventory sites and the resources that allow a site to qualify;
and means data collected pursuant to 17 Ill. Adm. Code 4010 (Register of Land
and Water Reserves). Natural heritage data is owned by the State of Illinois
and compiled and maintained by the Department's Natural Heritage Database
Program as a service to assist, and in cooperation with, the Commission and the
Board. Access to natural heritage data shall be in the form of spatial data,
reports or custom data formats subject to Natural Heritage Database Program
approval.
"Natural Heritage Database
Program" or "NHD Program" means the program within the
Department responsible for maintaining the natural heritage data.
"Quadrangle" means one
of 1,071 U.S. Geological Survey 1:24,000-scale topographic maps covering the
State of Illinois, also known as 7.5-minute quadrangles.
"Person" means any
individual, corporation, partnership, firm, organization, association,
government entity or agency, or body politic.
"T&E Species" or
"Threatened and Endangered Species" means any species or subspecies
listed by the Board pursuant to Section 7 of the Illinois Endangered Species
Protection Act.
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.140 PENALTIES
Section
4020.140 Penalties
Any person who violates this Part, falsifies or makes any
misrepresentation in the data licensing agreement, required records, or any
other information required to be given to the Department shall be subject to
the penalties set forth in Section 22 of the Act.
SUBPART B: DATA REQUESTS AND FEES
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.210 GENERAL
Section 4020.210 General
a) A fee
will be charged (see Section 4020.240) for compiling and providing natural
heritage data for any persons requesting that information for research,
educational, environmental, land management, land development and similar
purposes. All fees are non-refundable.
b) The
Commission shall, at a regular public meeting held pursuant to 2 Ill. Adm. Code
2150.210 through 2150.280, review natural heritage data fees at least every 5
years to assess whether those fees are meeting NHD Program costs. The
Commission shall promulgate any necessary fee changes by modifying this Part in
consultation with the Department.
c) The
Commission and Department shall enter into a Data Licensing Agreement with
licensees to provide natural heritage data and collect fees pursuant to this
Part.
d) Revenues
generated specifically under the natural heritage data fee shall be deposited
into the Natural Areas Acquisition Fund and appropriated to the Department for
the purpose of collecting, storing, managing, compiling and providing access to
support, maintain and update the NHD and its data. Department costs with
respect to the NHD include, but are not limited to, personnel, information
technology and data collection costs. All fees shall be tracked with a unique
identifying code.
e) Distribution of data to
third parties is prohibited.
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.220 SUBMITTING DATA REQUESTS
Section 4020.220 Submitting Data Requests
a) Requests
for natural heritage data shall be submitted via the online system or in
writing via mail, electronic mail or fax. Requests should be directed to the
Natural Heritage Database Program, Office of Resource Conservation, Illinois
Department of Natural Resources, One Natural Resources Way, Springfield IL
62702.
b) Persons
requesting and receiving natural heritage data via written request shall
provide the following:
1) Contact
information (name, company/organization, address, telephone number, and
electronic mail address);
2) Desired data and
format;
3) Geographic extent of
desired data;
4) Explanation
of how the data will be used and who will have access to the data; and
5) Payment of fees in full
unless alternate arrangements are made.
c) All
persons requesting and receiving natural heritage data via written request
shall first be required to sign a one-year Data Licensing Agreement that
dictates the conditions for use of the data. Fees shall be paid in full before
natural heritage data is provided unless alternate arrangements are made. Licensing
agreements may be renewed on a yearly basis. Distribution of data to third
parties, including that from a consultant to client or subcontractor to contractor,
is prohibited.
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.230 REQUEST DENIAL
Section
4020.230 Request Denial
a) Requests
contrary to the purposes of the Act, or for purposes in violation of the
Wildlife Code [520 ILCS 5], the Fish and Aquatic Life Code [515 ILCS 5], or the
Illinois Endangered Species Protection Act shall be denied.
b) If it
is determined that a licensee has violated the terms of the Data Licensing
Agreement or is in violation of Section 4020.310, all rights to use the data
shall be immediately revoked and any future requests for natural heritage data
shall be denied.
c) Natural
heritage data are exempt from disclosure as valuable formulae, computer
geographic systems, designs, drawings and research data obtained or produced by
any public body when disclosure could reasonably be expected to produce private
gain or public loss, as allowed by Section 7(i) of the Freedom of Information
Act [5 ILCS 140/7(i)].
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.240 FEES
Section
4020.240 Fees
a) Base
Fee. There will be a base fee for each request in addition to spatial data and
report fees. The base fee is $75 per request.
b) Spatial
Data Fees. Spatial natural heritage data layers will be provided in Geographic
Information System (GIS) format.
1) Quadrangle
Rate. Fees for spatial natural heritage data will be assessed a fee for each
topographic quadrangle. Project sites will be buffered 5 miles and requesters
will be charged for each quadrangle intersected. The quadrangle rate fee is
$50 per quadrangle.
2) Linear
Rate. Fees for spatial natural heritage data for linear projects measuring
greater than 25 miles in length and less than 0.5 miles in width are assessed a
fee of $15 per quadrangle intersected by the project line. Requestors are
required to submit their linear project area in GIS format, or else the
Quadrangle Rate will apply. Linear project boundaries will be buffered by one
mile on each side of the project line and data will be provided for that area.
3) Custom
Rate. Fees for custom data requests will be assessed by the NHD Program
manager at the time of the request.
c) Report Fees. Report
data will be provided in PDF or Excel format.
1) Quadrangle
Reports. The fee for reports detailing information about the natural heritage
data that occurs within a topographic quadrangle is $50 per quadrangle.
2) Linear
Reports. The fee for reports detailing information about natural heritage data
that occurs in linear project areas measuring greater than 25 miles in length
and less than 0.5 miles in width are assessed a fee of $15 per quadrangle
intersected by the project line. Requestors are required to submit their
linear project area in GIS format, or else the Quadrangle Report Rate will apply.
Linear project boundaries will be buffered by one mile on each side of the
project line and report data will be provided for that area.
3) Species
Reports. The fee for reports detailing information about T&E species is
$25 per element occurrence.
4) Custom
Reports. Fees for custom report requests will be assessed by the NHD Program
manager at the time of the request.
d) Natural
heritage data fees will be capped at no more than $20,000 per requestor.
e) Users
of natural heritage data accessed through the Department's EcoCAT system will be
assessed a fee of $25 and the base fee will be waived.
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.250 DATA UPDATES
Section
4020.250 Data Updates
Natural heritage data is updated on a daily to quarterly
basis, depending on the dataset. Therefore, licensees are encouraged to get
updated data as appropriate based on their project parameters. Spatial data
updates are free during the one-year Data Licensing Agreement period. The
update must be for data within the same portion of the State covered in the
Data Licensing Agreement. Licensees are allowed up to 3 data updates in a
calendar year and must request their own updates.
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.260 EXCEPTIONS: DISCOUNTS AND WAIVERS
Section
4020.260 Exceptions: Discounts and Waivers
a) No
fees shall be charged to the Department, Commission or Board for requests that
fulfill the day-to-day operational needs of the Department, Commission or Board,
including land management planning, status assessment and land owner contact.
b) Fees may be waived or
reduced in writing under select circumstances, including:
1) Written
agreements with the Department, Commission or Board in which Department,
Commission or Board costs are reimbursed or offset and/or in which the request
furthers Department, Commission or Board missions.
2) Requests
for college students actively working on a thesis or dissertation research
project determined by Department, Commission or Board to further Department,
Commission or Board missions.
c) Requesters shall be
assessed the base fee even when a discount or waiver is given.
d) No
waiver or reduction of fees shall, in any way, impair the State of Illinois'
ownership or licensing rights to the natural heritage data provided.
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.270 COLLECTION OF FEES
Section
4020.270 Collection of Fees
a) Fee payment
is expected at the time of the request unless alternate arrangements are made.
b) Fees
may be paid online, when available, or by certified or cashier's check payable
to the Illinois Natural Heritage Database Program, to the Natural Heritage
Database Program – Office of Resource Conservation, Illinois Department of
Natural Resources, One Natural Resources Way, Springfield IL 62702. No cash
payments will be accepted.
1) Payment
shall not include any other fees or payments due to the Department for any
purpose other than the fee due under this Part.
2) Payment
of fees shall be deposited in the Natural Areas Acquisition Fund and tracked
separately.
3) No
fee remitted to the Department under this Part shall be refunded in whole or in
part at any time for any reason.
4) Payment
of fees that constitutes an overpayment or underpayment will be returned to the
data requestor.
SUBPART C: DATA USE AND LIMITATIONS
| TITLE 17: CONSERVATION
CHAPTER V: NATURE PRESERVES COMMISSION
PART 4020
INVENTORIES, REGISTERS AND RECORDS
SECTION 4020.310 DATA USE AND LIMITATIONS
Section
4020.310 Data Use and Limitations
a) Natural
heritage data is non-transferable and cannot be provided to third parties. Any
and all requests for data access from third parties shall be directed to the
NHD Program by the licensee. Licensees, such as consultants or subcontractors,
may not provide natural heritage data to third parties, such as a client or
contractor. If the third party needs the natural heritage data for a project,
the third party must also pay the fee and sign a Data License Agreement.
b) The
accuracy of this data is time-limited as the NHD is updated on a daily to
quarterly basis. Licensees are encouraged to get data updates.
c) If
the licensee is a governmental or private entity, the licensee shall ensure
that access to the data is limited to those individuals within the entity who
require access to the data for the stated project and purpose of the Data
Licensing Agreement. The licensee is responsible for ensuring that all such
individuals understand and adhere to the terms of the Data Licensing
Agreement.
d) Release
of precise species locations may threaten natural heritage resources. Licensees
shall take reasonable precautions to ensure the confidentiality of T&E
species locations. When precise locations need to be displayed in
publicly-accessible documents or websites, species location should be
generalized or displayed without species' names when possible.
e) Licensees
must provide the NHD Program with any T&E species information that is
collected during the term of the Data Licensing Agreement so as to keep the
natural heritage database current. This information includes species location,
date observed, names of observers, and number observed.
f) Licensees
shall identify the "Illinois Department of Natural Resources, Illinois
Nature Preserves Commission, Illinois Endangered Species Protection Board, and
Natural Heritage Database" as the data source on any map or publication
and shall include the release date of the data.
g) Natural
heritage data is provided for planning and assessment purposes only. Receipt
of the data does not constitute Department, Commission or Board review or
authorization of any proposed project and does not exempt the licensee from
securing necessary permits and approvals from the Department, Commission, Board
or other regulatory agency.
h) Data
maintained by the NHD Program is gained from the best and most recent
information available and undergoes quality control and quality assurance.
Because environmental conditions change daily, the NHD Program cannot provide a
conclusive statement on the presence, absence or condition of significant
natural features identified in the NHD and can only summarize the information
known at the time of each agreement. An executed Data Licensing Agreement
shall not constitute Department, Commission or Board validation of the Licensee's
interpretation of the data.
i) The
natural heritage data being provided constitutes a representation of the more
extensive information available in manual and electronic files.
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