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91_SB1087enr
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1 AN ACT concerning Illinois' open spaces and natural
2 lands.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Short title. This Act may be cited as the
6 Illinois Open Land Trust Act.
7 Section 5. Policy.
8 (a) The provision of lands for the conservation of
9 natural resources and public recreation promote the public
10 health, prosperity, and general welfare and are proper
11 responsibilities of State government.
12 (b) Lands now dedicated to these purposes are not
13 adequate to protect the quality of life and meet the needs of
14 an expanding population.
15 (c) Natural areas, wetlands, forests, prairies, open
16 spaces, and greenways provide critical habitat for fish and
17 wildlife and are in need of protection.
18 (d) The opportunity to acquire lands that are available
19 and appropriate for these purposes will gradually disappear
20 as their cost correspondingly increases.
21 (e) It is desirable to encourage partnerships among
22 federal, State, and local governments and not-for-profit
23 corporations for the acquisition of land for conservation and
24 recreation purposes.
25 (f) It is necessary and desirable to provide assistance
26 in the form of grants and loans to units of local government
27 to acquire lands that have significant conservation and
28 recreation attributes.
29 Section 10. Definitions. As used in this Act:
30 "Conservation and recreation purposes" means activities
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1 that are consistent with the protection and preservation of
2 open lands, natural areas, wetlands, prairies, forests,
3 watersheds, resource-rich areas, greenways, and fish and
4 wildlife habitats, including multiple use such as hunting,
5 fishing, trapping, and other recreational uses.
6 "Conservation easement" means a nonpossessory interest in
7 real property imposing limitations or affirmative obligations
8 the purposes of which include retaining or protecting
9 natural, scenic, or open-space values of real property,
10 assuring its availability for forest, recreational, or
11 open-space use, protecting natural resources, maintaining or
12 enhancing air or water quality, or preserving the natural,
13 historical, architectural, archacological, or cultural
14 aspects of real property. A conservation easement may be
15 released at any time by mutual consent of the parties.
16 "Department" means the Department of Natural Resources.
17 "Natural area" means an area of land that either retains
18 or has recovered to a substantial degree its original natural
19 or primeval character, though it need not be completely
20 undisturbed, or has floral, faunal, ecological, geological,
21 or archaeological features of scientific, educational,
22 scenic, or esthetic interest.
23 "Open space" means those undeveloped or minimally
24 developed lands that conserve and protect valuable natural
25 features or processes.
26 "Real property" means land, including improvements
27 existing on the land.
28 "Units of local government" means counties, townships,
29 municipalities, park districts, conservation districts,
30 forest preserve districts, river conservancy districts, and
31 any other units of local government empowered to expend
32 public funds for the acquisition and development of land for
33 public outdoor park, recreation, or conservation purposes.
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1 Section 15. Powers and duties. The Department of
2 Natural Resources has the following powers and duties:
3 (a) To develop and administer the Illinois Open Land
4 Trust program.
5 (b) To acquire real property, including, but not limited
6 to, open space and natural areas for conservation and
7 recreation purposes. The lands shall be held in (i) fee
8 simple title or (ii) conservation easements for natural
9 areas, provided that these mechanisms are all voluntary on
10 the part of the landowners and do not involve the use of
11 eminent domain.
12 (c) To make grants to units of local government under
13 Section 25 of this Act in consultation with the Natural
14 Resources Advisory Board.
15 (d) To make loans to units of local government under
16 Section 30 of this Act in consultation with the Natural
17 Resources Advisory Board.
18 (e) To promulgate any rules, regulations, guidelines, and
19 directives necessary to implement the purposes of this Act.
20 (f) To execute contracts, grant or loan agreements,
21 memoranda of understanding, intergovernmental cooperation
22 agreements, and any other agreements with other State
23 agencies and units of local government that are necessary to
24 implement this Act.
25 (g) To execute contracts, memoranda of understanding,
26 and any other agreements with not-for-profit corporations
27 that are consistent with the purpose of this Act.
28 (h) To accept grants, loans, or appropriations from the
29 federal government or the State, or any agency or
30 instrumentality thereof, for the purposes of the Department
31 under this Act, including to make loans of any funds and to
32 enter into any agreement with the federal government or the
33 State, or any agency or instrumentality thereof, in
34 relationship to the grants, loans, or appropriations.
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1 (i) To establish any interest rates, terms of repayment,
2 and other terms and conditions regarding loans made pursuant
3 to this Act that the Department deems necessary or
4 appropriate to protect the public interest and carry out the
5 purposes of this Act.
6 (j) To establish application, eligibility, selection,
7 notification, contract, and other procedures, rules, or
8 regulations deemed necessary and appropriate to carry out the
9 provisions of this Act.
10 (k) To fix, determine, charge, and collect any premiums,
11 fees, charges, costs, and expenses, including, without
12 limitation, any application fees, commitment fees, program
13 fees, or financing charges from any person in connection with
14 its activities under this Act.
15 (l) To report annually to the Governor and the General
16 Assembly on the progress made in implementing this Act and on
17 the status of all real property acquired pursuant to the Act.
18 Section 20. Illinois Open Land Trust Program. The
19 Department of Natural Resources shall develop and administer
20 the Illinois Open Land Trust Program. The purpose of the
21 program is to acquire real property, or conservation
22 easements for natural areas, from willing sellers for
23 conservation and recreation purposes. The land shall be
24 chosen because it will preserve and enhance Illinois' natural
25 environment, create a system of open spaces and natural
26 lands, and improve the quality of life and provide recreation
27 opportunities for citizens of this State now and in the
28 future.
29 Section 25. Grant program. From appropriations for
30 these purposes, the Department may make grants to units of
31 local government as financial assistance for the acquisition
32 of open space and natural lands if the Department determines
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1 that the property interests are sufficient to carry out the
2 purposes of this Act.
3 The Department shall adopt rules concerning the selection
4 or grant recipients, amount of grant awards, and eligibility
5 requirements. The rules must include the following
6 additional requirements:
7 (1) No more than $2,000,000 may be awarded to any
8 grantee for a single project for any fiscal year.
9 (2) Any grant under this Act must be conditioned
10 upon the grantee providing a required match as defined by
11 rule.
12 (3) Funds may be used only to purchase interests in
13 land from willing sellers and may not involve the use of
14 eminent domain.
15 (4) The Department shall provide for a public
16 meeting to be conducted by the Natural Resources Advisory
17 Board prior to grant approval.
18 (5) All real property acquired with grant funds must
19 be accessible to the public for conservation and
20 recreation purposes, unless the Department determines
21 that public accessibility would be detrimental to the
22 real property or any associated natural resources.
23 (6) No real property acquired with grant funds may
24 be sold, leased, exchanged, or otherwise encumbered,
25 unless it is used to qualify for a federal program or,
26 subject to Department approval, transferred to the
27 federal government, the State, or a unit of local
28 government for conservation and recreation purposes
29 consistent with this Act.
30 (7) All grantees must agree to convey to the State
31 at no charge a conservation easement on the lands to be
32 acquired using the grant funds.
33 (8) Grantees must agree to manage lands in
34 accordance with the terms of the grant. Any changes in
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1 management must be approved by the Department before
2 implementation.
3 (9) The Department is authorized to promulgate, by
4 rule, any other reasonable requirements determined
5 necessary to effectively implement this Act.
6 Section 30. Open Lands Loan Program. The Department
7 may establish an Open Lands Loan Program to make loans to
8 units of local government for the purpose of assisting in the
9 purchase of real property to protect open spaces and lands
10 with significant natural resource attributes. For purposes
11 of the program, and not by way of limitation on any other
12 purposes or programs provided for in this Act, there is
13 hereby established the Open Lands Loan Fund, a special fund
14 in the State treasury. The Department has the power to use
15 any appropriations from the State made for the purposes under
16 this Act and to enter into any intergovernmental agreements
17 with the federal government or the State, or any
18 instrumentality thereof, for purposes of capitalizing the
19 Open Lands Loan Fund. Moneys in the Open Lands Loan Fund may
20 be used for any purpose under the Open Lands Loan Program
21 including, without limitation, the making of loans permitted
22 under this Act.
23 The Department may establish and collect any fees and
24 charges, determine and enforce any terms and conditions, and
25 charge any interest rates that it determines to be necessary
26 and appropriate to the successful administration of the Open
27 Lands Loan Program. All principal and interest repayments on
28 loans made using funds withdrawn from the Open Lands Loan
29 Fund shall be deposited into the Open Lands Loan Fund to be
30 used for the purposes of the Open Lands Loan program or for
31 any other purpose under this Act that the Department, in its
32 discretion, finds appropriate. Investment earnings on moneys
33 held in the Open Lands Loan Fund or in any reserve fund or
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1 pledged fund created with funds withdrawn from the Open Lands
2 Loan Fund must be treated in the same way as loan repayments.
3 The Department shall promulgate rules concerning selection
4 and eligibility requirements. The rules shall include the
5 following additional requirements:
6 (1) Units of local government receiving loans under
7 this Act to acquire real property must:
8 (A) agree to make and keep the lands accessible
9 to the public for conservation and recreation,
10 unless the Department determines that public
11 accessibility would be detrimental to the lands or
12 any natural resources associated with the land;
13 (B) agree that all real property acquired with
14 loan proceeds shall not be sold, leased, exchanged,
15 or otherwise encumbered unless it is used to qualify
16 for a federal program or, subject to Department
17 approval, transferred to the federal government, the
18 State, or a unit of local government for
19 conservation and recreation purposes consistent with
20 this Act;
21 (C) agree to execute and donate to the State
22 at no charge a conservation easement on the lands to
23 be acquired; and
24 (D) agree to manage lands in accordance with
25 the terms of the loan. Any changes in management
26 must be approved by the Department before
27 implementation.
28 (2) Loans made by the Department to units of local
29 government must be secured by interests in collateral and
30 guarantees that the Department determines are necessary
31 to protect the Department's interest in the repayment of
32 the principal and interest, if any, of each loan made
33 under this Section.
34 (3) Loans made by the Department may be used only
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1 to purchase interests in land from willing sellers and
2 may not involve the use of eminent domain.
3 (4) Borrowers may not use the proceeds from other
4 Department grant programs to repay loans made under this
5 program.
6 (5) Borrowers must agree to manage lands in
7 accordance with the terms of the loan. Any changes in
8 management must be approved by the Department before
9 implementation.
10 (6) The Department is authorized to promulgate, by
11 rule, other reasonable requirements necessary to
12 effectively implement this Act.
13 Section 35. Community Planning Allowance. As provided in
14 this Section, the Department is authorized to make grants to
15 units of local government for the acquisition, development,
16 construction, reconstruction, improvement, financing,
17 architectural planning, and installation of capital
18 facilities. The grants shall be available only in connection
19 with lands acquired under this Act by the Department in fee
20 simple title. The grants may be made to the units of local
21 government in which the lands are located in an amount equal
22 to 7% of the purchase price of the open space land acquired
23 for qualified projects.
24 This Section does not apply to (i) counties with a
25 population greater than 3,000,000 or (ii) counties contiguous
26 to counties with a population greater than 3,000,000.
27 Section 810. The State Finance Act is amended by adding
28 Section 5.490 as follows:
29 (30 ILCS 105/5.490 new)
30 Sec. 5.490. The Open Lands Loan Fund.
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1 Section 999. Effective date. This Act takes effect
2 upon becoming law.
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