Section 700.APPENDIX B   Illinois Bureau of the Budget's Agricultural Land Preservation Policy Statement and Cooperative Working Agreement

I.  FARMLAND PRESERVATION POLICY

The Illinois State Clearinghouse (Office of the Governor) is responsible for coordinating the gubernatorial review and analysis of grant applications and ensuring that they are consistent with existing state policies.  The Bureau of the Budget (BOB) is responsible for the gubernatorial review and analysis of state capital plans and grant applications.  In view of these major functions, the BOB/Office of the Governor shall implement the following activities pursuant to the Farmland Preservation Act (Ill. Rev. Stat. 1985, ch. 5, par. 1301 et seq.).

1.         The review of state capital plans.

State capital plans will be reviewed to determine their degree of compliance with farmland preservation policies (8 Ill. Adm. Code 700).  The desired outcome of this effort will be improved state agency plans reflecting a concern for preservation of agricultural land in Illinois.

2.         Assist the Department of Agriculture (DOA) in the review of federal grant applications which identify state and federal projects that will impact agricultural land.  The Office of the Governor and the DOA will also strive to identify and resolve potential conflicts between proposed state agency projects and state farmland preservation goals.

3.         Coordinate the review of State agency projects, applications for Federal assistance, contracts, plans and agreements utilizing the revised Executive Order 12372 (Intergovernmental Review of Federal Programs, 48 FR 3075 (1983)) and Section 5.1 of "AN ACT to create a Bureau of the Budget and to define its powers and duties and to make an appropriation" (Ill. Rev. Stat. 1985, ch. 127, par. 415) (State Review of Federal Programs) processes and mechanisms.

The Office of the Governor shall process and monitor all projects and applications covered by Executive Order 12372 and "AN ACT to create a Bureau of the Budget and to define its powers and duties and to make an appropriation" for compliance with Illinois' Farmland Preservation goals.

In fulfilling this task, BOB/Office of the Governor shall:

*          identify individual state and federal projects displaying a potential impact upon agricultural land.

*          provide weekly descriptions (Notices of Intent) to state agencies and to local and regional planning bodies of individual proposals submitted which demonstrate a potential for effecting agricultural lands.

*          request that state agency projects, especially those involving capital development, routinely include information which will allow reviewers (state agencies and local planning bodies) to ascertain the proposal's impact upon agricultural lands.

II.  CONCLUSION

The Bureau of the Budget and Office of the Governor recognize that land is one of Illinois' most valuable natural resources.  The BOB and Office of the Governor will cooperate in the effort of the State of Illinois to minimize the conversion of land, valued for its agricultural products, to non-agricultural uses.

(July, 1987; revised)

ILLINOIS BUREAU OF THE BUDGET – ILLINOIS DEPARTMENT OF

AGRICULTURE COOPERATIVE WORKING AGREEMENT

The Bureau of the Budget/Office of the Governor and the Illinois Department of Agriculture agree to the following:

1.         The Governor's Office will provide the DOA with all Applications for Federal Assistance (Standard Form 424) for the DOA's review of project proposals which may have an impact upon agricultural lands.  Accordingly, the following procedures will apply.

A.        The Governor's Office will forward the applications to the DOA on a weekly basis.

B.        The DOA will review the applications to determine if they qualify for the Study of Agricultural Impacts (8 Ill. Adm. Code 700.Appendix A:  Exhibit B).

C.        If the DOA determines that a Study of Agricultural Impacts is necessary, the DOA will notify the Governor's Office immediately in writing that a Study will be conducted.  Subsequently, the Governor's Office will withhold its sign-off until the DOA has completed its Study of Agricultural Impacts or has received written notification from the DOA that an agreement has been reached on minimizing the negative agricultural impacts associated with the project(s).

D.        If, within 30 working days of receipt of the application by the DOA, the Governor's Office has not been contacted by the DOA regarding the submitted application, the Governor's Office will assume the DOA has no objections and will proceed with the sign-off of the project(s).

2.         Should either agency experience changes in policy or procedures which would alter the manner in which the agreement would be executed, the sister agency shall be informed for the purpose of negotiating a new agreement.

3.         This Cooperative Working Agreement and the associated Agricultural Land Preservation Policy Statement shall be the governing document for the Bureau of the Budget/Office of the Governor and shall not be preempted in whole nor in part by any other agency's agreement.

(July, 1987; revised)

(Source:  Amended at 12 Ill. Reg. 5235, effective March 4, 1988)