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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois State Agency Historic Resources | ||||||
5 | Preservation Act is amended by changing Sections 3 and 4 and by | ||||||
6 | adding Section 7 as follows:
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7 | (20 ILCS 3420/3) (from Ch. 127, par. 133c23)
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8 | Sec. 3. Definitions.
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9 | (a) "Director" means the Director of Historic Preservation | ||||||
10 | who shall serve
as the State Historic Preservation Officer.
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11 | (b) "Agency" shall have the same meaning as in Section 1-20 | ||||||
12 | of
the Illinois Administrative Procedure Act, and shall | ||||||
13 | specifically include
all agencies and entities made subject to | ||||||
14 | such Act by any State statute.
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15 | (c) "Historic resource" means any property which is either | ||||||
16 | publicly or
privately held and which:
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17 | (1) is listed in the National Register of Historic | ||||||
18 | Places (hereafter
"National Register");
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19 | (2) has been formally determined by the Director to be | ||||||
20 | eligible for
listing in the National Register as defined in | ||||||
21 | Section 106 of Title 16 of the
United States Code ;
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22 | (3) has been nominated by the Director and the Illinois | ||||||
23 | Historic Sites
Advisory Council for listing in the National |
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1 | Register;
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2 | (4) meets one or more criteria for listing in the | ||||||
3 | National Register , as
determined by the Director ; or
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4 | (5) is listed in the Illinois Register of Historic | ||||||
5 | Places.
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6 | (d) "Adverse effect" means:
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7 | (1) destruction or alteration of all or part of an | ||||||
8 | historic resource;
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9 | (2) isolation or alteration of the surrounding | ||||||
10 | environment of an historic
resource;
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11 | (3) introduction of visual, audible, or atmospheric | ||||||
12 | elements which are
out of character with an historic | ||||||
13 | resource or which alter its setting;
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14 | (4) neglect or improper utilization of an historic | ||||||
15 | resource which
results in its deterioration or | ||||||
16 | destruction; or
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17 | (5) transfer or sale of an historic resource to any | ||||||
18 | public or private
entity without the inclusion of adequate | ||||||
19 | conditions or restrictions
regarding preservation, | ||||||
20 | maintenance, or use ; or .
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21 | (6) where the project as proposed is not in conformance | ||||||
22 | with the Secretary of the Interior's Standards for Historic | ||||||
23 | Preservation. | ||||||
24 | (e) "Comment" means the written finding by the Director of | ||||||
25 | the effect of
a State undertaking on an historic resource.
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26 | (f) "Undertaking" means any project, activity, or program |
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1 | that can
result in changes in the character or use of historic | ||||||
2 | property, if any
historic property is located in the area of | ||||||
3 | potential effects. The
project, activity or program shall be | ||||||
4 | under the direct or indirect
jurisdiction of a State agency or | ||||||
5 | licensed or assisted by a State agency.
An undertaking | ||||||
6 | includes, but is not limited to, action which is:
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7 | (1) directly undertaken by a State agency;
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8 | (2) supported in whole or in part through State | ||||||
9 | contracts, grants,
subsidies, loan guarantees, or any | ||||||
10 | other form of direct or indirect funding
assistance; or
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11 | (3) carried out pursuant to a State lease, permit, | ||||||
12 | license, certificate,
approval, or other form of | ||||||
13 | entitlement or permission or pursuant to a requirement that | ||||||
14 | a State agency be notified about action taken or to be | ||||||
15 | taken .
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16 | (g) "Committee" means the Historic Preservation Mediation | ||||||
17 | Committee.
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18 | (h) "Feasible" means capable of being accomplished in a | ||||||
19 | successful
manner within a reasonable period of time, taking | ||||||
20 | into account economic,
environmental, social, and | ||||||
21 | technological factors.
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22 | (i) "Private undertaking" means any undertaking that does | ||||||
23 | not receive
public funding or is not on public lands.
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24 | (j) "High probability area" means any occurrence of Cahokia | ||||||
25 | Alluvium,
Carmi Member of the Equality Formation, Grayslake | ||||||
26 | Peat, Parkland Sand,
Peyton Colluvium, the Batavia Member of |
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1 | the Henry Formation, or the
Mackinaw Member, as mapped by | ||||||
2 | Lineback et al. (1979) at a scale of
1-500,000 within permanent | ||||||
3 | stream floodplains and including
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4 | (1) 500 yards of the adjoining bluffline crest of the | ||||||
5 | Fox, Illinois,
Kankakee, Kaskaskia, Mississippi, Ohio, | ||||||
6 | Rock and Wabash Rivers and 300
yards of the adjoining | ||||||
7 | bluffline crest of all other rivers or
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8 | (2) a 500 yard wide area along the shore of Lake | ||||||
9 | Michigan abutting the
high water mark.
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10 | (Source: P.A. 87-717; 87-739; 87-847; 88-45.)
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11 | (20 ILCS 3420/4) (from Ch. 127, par. 133c24)
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12 | Sec. 4. State agency undertakings.
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13 | (a) As early in the planning process as may be practicable | ||||||
14 | and prior to
the approval of the final design or plan of any | ||||||
15 | undertaking by a State
agency, or prior to the funding of any | ||||||
16 | undertaking by a State agency, or
prior to an action of | ||||||
17 | approval or entitlement of any private undertaking by
a State | ||||||
18 | agency, written notice of the project shall be given to the
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19 | Director either by the State agency or the recipients of its | ||||||
20 | funds, permits
or licenses. The State agency shall consult with | ||||||
21 | the Director to determine
the documentation requirements | ||||||
22 | necessary for identification and treatment
of historic | ||||||
23 | resources. For the purposes of identification and evaluation
of | ||||||
24 | historic resources, the Director may require archaeological | ||||||
25 | and historic
investigations. Responsibility for notice and |
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1 | documentation may be
delegated by the State agency to a local | ||||||
2 | or private designee.
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3 | (b) Within 30 days after receipt of complete and correct | ||||||
4 | documentation
of a proposed undertaking, the Director shall | ||||||
5 | review and comment to the
agency on the likelihood that the | ||||||
6 | undertaking will have an adverse effect
on a historic resource. | ||||||
7 | In the case of a private undertaking, the
Director shall, not | ||||||
8 | later than 30 days following the receipt of an
application with | ||||||
9 | complete documentation of the undertaking, either approve
that | ||||||
10 | application allowing the undertaking to proceed or tender to | ||||||
11 | the
applicant a written statement setting forth the reasons for | ||||||
12 | the
requirement of an archaeological investigation. If there is | ||||||
13 | no action
within 30 days after the filing of the application | ||||||
14 | with the complete
documentation of the undertaking, the | ||||||
15 | applicant may deem the application
approved and may proceed | ||||||
16 | with the undertaking. Thereafter, all
requirements for | ||||||
17 | archaeological investigations are waived under this Act.
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18 | (c) If the Director finds that an undertaking will | ||||||
19 | adversely effect an
historic resource or is inconsistent with | ||||||
20 | agency policies, the State agency
shall consult with the | ||||||
21 | Director and shall discuss alternatives to the proposed
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22 | undertaking which could eliminate, minimize, or mitigate its | ||||||
23 | adverse effect.
During the consultation process, the State | ||||||
24 | agency shall explore
all feasible and prudent plans which | ||||||
25 | eliminate, minimize, or mitigate
adverse effects on historic | ||||||
26 | resources. Grantees, permittees, licensees, or
other parties |
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1 | in interest and representatives of national, State, and local
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2 | units of government and public and private organizations may | ||||||
3 | participate
in the consultation process. The process may | ||||||
4 | involve on-site inspections and
public informational meetings | ||||||
5 | pursuant to regulations issued by the
Historic Preservation | ||||||
6 | Agency.
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7 | (d) The State agency and the Director may agree that there | ||||||
8 | is a feasible
and prudent alternative which eliminates, | ||||||
9 | minimizes, or mitigates the
adverse effect of the undertaking. | ||||||
10 | Upon such agreement, or if the State
agency and the Director | ||||||
11 | agree that there are no feasible and prudent
alternatives which | ||||||
12 | eliminate, minimize, or mitigate the adverse effect, the
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13 | Director shall prepare a Memorandum of Agreement describing the
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14 | alternatives or stating the finding. The State agency may | ||||||
15 | proceed with the
undertaking once a Memorandum of Agreement has | ||||||
16 | been signed by both the
State agency and the Director.
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17 | (e) After the consultation process, the Director and the | ||||||
18 | State agency
may fail to agree on the existence of a feasible | ||||||
19 | and prudent alternative
which would eliminate, minimize, or | ||||||
20 | mitigate the adverse effect of the
undertaking on the historic | ||||||
21 | resource. If no agreement is reached, the agency
shall call a | ||||||
22 | public meeting in the county where the undertaking is proposed
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23 | within 60 days. If, within 14 days following conclusion of the | ||||||
24 | public
meeting, the State agency and the Director fail to agree | ||||||
25 | on a feasible and
prudent alternative, the proposed | ||||||
26 | undertaking, with supporting
documentation, shall be submitted |
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1 | to the Historic Preservation
Mediation Committee. The document | ||||||
2 | shall be sufficient to identify each
alternative considered by | ||||||
3 | the Agency and the Director during the
consultation process and | ||||||
4 | the reason for its rejection.
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5 | (f) The Mediation Committee shall consist of the Director | ||||||
6 | and 5 persons
appointed by the Director for terms of 3 years | ||||||
7 | each, each of whom shall be
no lower in rank than a division | ||||||
8 | chief and each of whom shall represent a
different State | ||||||
9 | agency. An agency that is a party to mediation shall be
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10 | notified of all hearings and deliberations and shall have the | ||||||
11 | right to
participate in deliberations as a non-voting member of | ||||||
12 | the Committee.
Within 30 days after submission of the proposed | ||||||
13 | undertaking, the Committee
shall meet with the Director and the | ||||||
14 | submitting agency to review each
alternative considered by the | ||||||
15 | State agency and the Director and to evaluate
the existence of | ||||||
16 | a feasible and prudent alternative. In the event that the
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17 | Director and the submitting agency continue to disagree, the | ||||||
18 | Committee
shall provide a statement of findings or comments | ||||||
19 | setting forth an
alternative to the proposed undertaking or | ||||||
20 | stating the finding that there
is no feasible or prudent | ||||||
21 | alternative. The State agency shall consider the
written | ||||||
22 | comments of the Committee and shall respond in writing to the
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23 | Committee before proceeding with the undertaking.
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24 | (g) When an undertaking is being reviewed pursuant to | ||||||
25 | Section 106 of the
National Historic Preservation Act of 1966, | ||||||
26 | the procedures of this law
shall not apply and any review or |
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1 | comment by the Director on such undertaking
shall be within the | ||||||
2 | framework or procedures of the federal law. When an
undertaking | ||||||
3 | involves a structure listed on the Illinois Register of | ||||||
4 | Historic
Places, the rules and procedures of the Illinois | ||||||
5 | Historic Preservation Act
shall apply. This subsection shall | ||||||
6 | not prevent the Illinois Historic
Preservation Agency from | ||||||
7 | entering into an agreement with the Advisory
Council on | ||||||
8 | Historic Preservation pursuant to Section 106 of the National
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9 | Historic Preservation Act to substitute this Act and its | ||||||
10 | procedures for
procedures set forth in Council regulations | ||||||
11 | found in 36 C.F.R. Part 800.7.
A State undertaking that is | ||||||
12 | necessary to prevent an immediate and
imminent threat to life | ||||||
13 | or property shall be exempt from the requirements
of this Act. | ||||||
14 | Where possible, the Director shall be consulted in the
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15 | determination of the exemption. In all cases, the agency shall | ||||||
16 | provide the
Director with a statement of the reasons for the | ||||||
17 | exemption and shall have
an opportunity to comment on the | ||||||
18 | exemption. The statement and the comments
of the Director shall | ||||||
19 | be included in the annual report of the Historic
Preservation | ||||||
20 | Agency as a guide to future actions. The provisions of this
Act | ||||||
21 | do not apply to undertakings pursuant to the Illinois Oil and | ||||||
22 | Gas Act,
the Surface-Mined Land Conservation and Reclamation | ||||||
23 | Act and the Surface
Coal Mining Land Conservation and | ||||||
24 | Reclamation Act.
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25 | (h) The Director, at the Director's discretion, or upon | ||||||
26 | written request by any person and when the Director agrees that |
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1 | there is a substantial public interest in the matter, may hold | ||||||
2 | a public hearing before (1) making a finding that an | ||||||
3 | undertaking will not adversely affect an historic resource, (2) | ||||||
4 | making a finding that there is no prudent or feasible | ||||||
5 | alternative, or (3) entering into or modifying a Memorandum of | ||||||
6 | Agreement. The Director and the State agency shall consider the | ||||||
7 | matters presented at the hearing and shall, in written form, | ||||||
8 | document their consideration of principal issues raised in the | ||||||
9 | hearing. | ||||||
10 | (Source: P.A. 86-707; 87-739; 87-847; 87-895.)
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11 | (20 ILCS 3420/7 new) | ||||||
12 | Sec. 7. Standing. Any person or entity shall have standing | ||||||
13 | and the right to enforce the provisions of this Act. In case | ||||||
14 | any building or structure is demolished, constructed, | ||||||
15 | reconstructed, altered, repaired, converted, or maintained in | ||||||
16 | violation of this Act, any person or entity that shows that | ||||||
17 | his, her, or its property or person or other interest will be | ||||||
18 | substantially affected by the alleged violation, in addition to | ||||||
19 | other remedies, may institute any appropriate action or | ||||||
20 | proceeding to prevent the unlawful construction, | ||||||
21 | reconstruction, alteration, repair, conversion, or maintenance | ||||||
22 | to restrain, correct, or abate the violation. | ||||||
23 | In any action or proceeding for a purpose mentioned in this | ||||||
24 | Section, the court with jurisdiction of such action or | ||||||
25 | proceeding has the power to and in its discretion may issue a |
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1 | restraining order, a writ of mandamus to any officer, or a | ||||||
2 | preliminary injunction, as well as a permanent injunction, upon | ||||||
3 | such terms and under such conditions as will do justice and | ||||||
4 | enforce the purposes set forth in this Act. | ||||||
5 | If the court finds that the defendant has engaged in any of | ||||||
6 | the foregoing prohibited activities, then the court shall allow | ||||||
7 | the plaintiff a reasonable sum of money for the services of the | ||||||
8 | plaintiff's attorney. This allowance shall be a part of the | ||||||
9 | costs of the litigation assessed against the defendant and may | ||||||
10 | be recovered as such. | ||||||
11 | A plaintiff need not prove any specific, special, or unique | ||||||
12 | damages to the plaintiff or the plaintiff's property or any | ||||||
13 | adverse effect upon the plaintiff's property from the alleged | ||||||
14 | violation in order to maintain a suit under this Act.
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
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