| |||||||
| |||||||
| |||||||
1 | AN ACT concerning State government.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The State Parks Designation Act is amended by | ||||||
5 | adding Section 11 as follows: | ||||||
6 | (20 ILCS 840/11 new) | ||||||
7 | Sec. 11. Leasing property. | ||||||
8 | (a) Notwithstanding any provision of this Act or any other | ||||||
9 | law to the contrary, property located within Pyramid State Park | ||||||
10 | and described in subsection (b) of this Section shall no longer | ||||||
11 | be designated part of Pyramid State Park and the Department of | ||||||
12 | Natural Resources is authorized to lease such property to a | ||||||
13 | private entity having options to purchase property adjacent | ||||||
14 | thereto on which mining operations are planned, provided that | ||||||
15 | the private entity shall demonstrate to the Department that: | ||||||
16 | (1) the property described in subsection (b) of this | ||||||
17 | Section does not include areas: | ||||||
18 | (A) listed on the Illinois Natural Areas | ||||||
19 | Inventory; | ||||||
20 | (B) serving as known critical habitats for species | ||||||
21 | listed as threatened or endangered in Illinois; | ||||||
22 | (C) serving as part of a floodplain; or | ||||||
23 | (D) that are part of an Illinois State Natural |
| |||||||
| |||||||
1 | Preserve. | ||||||
2 | (2) mining operations are feasible on the adjacent | ||||||
3 | property; | ||||||
4 | (3) such operations shall consist of overburden | ||||||
5 | removal and, at the option of the Department, replacement | ||||||
6 | of topsoil in reclamation; | ||||||
7 | (4) such operations shall have a significant impact on | ||||||
8 | the local economy as they are projected to create | ||||||
9 | employment opportunities for approximately 45 persons and | ||||||
10 | to serve as the source of payroll and direct expenditures | ||||||
11 | of approximately $12 to $15 million per year; | ||||||
12 | (5) no surface mining for the extraction of coal shall | ||||||
13 | be conducted on the property described in subsection (b) of | ||||||
14 | this Section; | ||||||
15 | (6) the property described in subsection (b) of this | ||||||
16 | Section and the property adjacent thereto on which mining | ||||||
17 | operations are planned shall be reclaimed by the private | ||||||
18 | entity on the expiration of the lease and shall be fit for | ||||||
19 | conservation and recreation purposes; and | ||||||
20 | (7) the adjacent property consists of 240 acres and | ||||||
21 | shall ultimately be conveyed to the State, Department of | ||||||
22 | Natural Resources. | ||||||
23 | (b) The property is described as follows: | ||||||
24 | The East 300 feet of even width of the Northwest | ||||||
25 | Quarter, of Section 8, | ||||||
26 | And |
| |||||||
| |||||||
1 | The East 300 feet of even width of the South 1,620 feet | ||||||
2 | of the Southwest Quarter, Section 5, | ||||||
3 | And | ||||||
4 | South 300 feet of even width of the North Half of the | ||||||
5 | Southeast Quarter, Section 5, | ||||||
6 | And | ||||||
7 | The West 300 feet of even width of the South 1,620 feet | ||||||
8 | of the Southwest Quarter, Section 4, | ||||||
9 | And | ||||||
10 | The West 300 feet of even width of the North 2,940 feet | ||||||
11 | of the West Half, Section 9, | ||||||
12 | And | ||||||
13 | North Half of the Southeast Quarter, Section 8. | ||||||
14 | All in Township 6 South, Range 3 West, of the Third | ||||||
15 | Principal Meridian, Perry County, Illinois. | ||||||
16 | (c) The Department of Natural Resources shall lease the | ||||||
17 | property described in subsection (b) of this Section for fair | ||||||
18 | market value, and the term of the lease shall be for a period | ||||||
19 | of no longer than 10 years with no option for renewal. | ||||||
20 | (d) Prior to the execution of the lease, the private entity | ||||||
21 | must receive Department approval of a plan for the reclamation | ||||||
22 | of both the property described in subsection (b) of this | ||||||
23 | Section and the property adjacent thereto on which mining | ||||||
24 | operations are planned. The plan shall include a cost estimate | ||||||
25 | and timeline for reclamation activities. The private entity | ||||||
26 | shall provide financial assurance in an amount and in a form |
| |||||||
| |||||||
1 | sufficient to fund all reclamation activities in the | ||||||
2 | Department-approved reclamation plan. At the option of the | ||||||
3 | Department, both properties shall be reclaimed to farmland | ||||||
4 | standards, with reclamation activities occurring | ||||||
5 | contemporaneously with farmland activities. On the expiration | ||||||
6 | of the lease and upon the request of the Department of Natural | ||||||
7 | Resources, the private entity must execute the reclamation | ||||||
8 | plan. | ||||||
9 | (e) Any and all leases for the property described in | ||||||
10 | subsection (b) of this Section in effect on the effective date | ||||||
11 | of this amendatory Act of the 97th General Assembly are | ||||||
12 | terminated by operation of law. | ||||||
13 | (f) The provisions of this Section only apply to property | ||||||
14 | described in subsection (b) of this Section and property | ||||||
15 | adjacent thereto, and do not apply to any other property within | ||||||
16 | Pyramid State Park, any other property within any other | ||||||
17 | designated State park under the jurisdiction of the Department | ||||||
18 | of Natural Resources, or any other State property. | ||||||
19 | (g) The authorization for the Department lease property | ||||||
20 | under this Section shall not apply if the Department determines | ||||||
21 | that mining activities pose a risk to the recreational uses, | ||||||
22 | wildlife, hydrology, water quality, habitat, or potential for | ||||||
23 | habitat restoration of lands owned by the Department.
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|