Rep. Dan Reitz
Filed: 4/11/2011
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1 | AMENDMENT TO HOUSE BILL 390
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2 | AMENDMENT NO. ______. Amend House Bill 390 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | Section does not include areas: | ||||||
2 | (A) listed on the Illinois Natural Areas | ||||||
3 | Inventory; | ||||||
4 | (B) serving as known critical habitats for species | ||||||
5 | listed as threatened or endangered in Illinois; | ||||||
6 | (C) serving as part of a floodplain; or | ||||||
7 | (D) that are part of an Illinois State Natural | ||||||
8 | Preserve. | ||||||
9 | (2) mining operations are feasible on the adjacent | ||||||
10 | property; | ||||||
11 | (3) such operations shall consist of overburden | ||||||
12 | removal and, at the option of the Department, replacement | ||||||
13 | of topsoil in reclamation; | ||||||
14 | (4) such operations shall have a significant impact on | ||||||
15 | the local economy as they are projected to create | ||||||
16 | employment opportunities for approximately 45 persons and | ||||||
17 | to serve as the source of payroll and direct expenditures | ||||||
18 | of approximately $12 to $15 million per year; | ||||||
19 | (5) no surface mining for the extraction of coal shall | ||||||
20 | be conducted on the property described in subsection (b) of | ||||||
21 | this Section; | ||||||
22 | (6) the property described in subsection (b) of this | ||||||
23 | Section and the property adjacent thereto on which mining | ||||||
24 | operations are planned shall be reclaimed by the private | ||||||
25 | entity on the expiration of the lease and shall be fit for | ||||||
26 | conservation and recreation purposes; and |
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1 | (7) the adjacent property consists of 240 acres and | ||||||
2 | shall ultimately be conveyed to the State, Department of | ||||||
3 | Natural Resources. | ||||||
4 | (b) The property is described as follows: | ||||||
5 | The East 300 feet of even width of the Northwest | ||||||
6 | Quarter, of Section 8, | ||||||
7 | And | ||||||
8 | The East 300 feet of even width of the South 1,620 feet | ||||||
9 | of the Southwest Quarter, Section 5 | ||||||
10 | And | ||||||
11 | South 300 feet of even width of the North Half of the | ||||||
12 | Southeast Quarter, Section 5, | ||||||
13 | And | ||||||
14 | The West 300 feet of even width of the South 1,620 feet | ||||||
15 | of the Southwest Quarter, Section 4 | ||||||
16 | And | ||||||
17 | The West 300 feet of even width of the North 2,940 feet | ||||||
18 | of the West Half, Section 9 | ||||||
19 | And | ||||||
20 | North Half of the Southeast Quarter, Section 8. | ||||||
21 | All in Township 6 South, Range 3 West, of the Third | ||||||
22 | Principal Meridian, Perry County, Illinois. | ||||||
23 | (c) The Department of Natural Resources shall lease the | ||||||
24 | property described in subsection (b) of this Section for fair | ||||||
25 | market value, and the term of the lease shall be for a period | ||||||
26 | of no longer than 10 years with no option for renewal. |
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1 | (d) Prior to the execution of the lease, the private entity | ||||||
2 | must receive Department approval of a plan for the reclamation | ||||||
3 | of both the property described in subsection (b) of this | ||||||
4 | Section and the property adjacent thereto on which mining | ||||||
5 | operations are planned. The plan shall include a cost estimate | ||||||
6 | and timeline for reclamation activities. The private entity | ||||||
7 | shall provide financial assurance in an amount and in a form | ||||||
8 | sufficient to fund all reclamation activities in the | ||||||
9 | Department-approved reclamation plan. At the option of the | ||||||
10 | Department, both properties shall be reclaimed to farmland | ||||||
11 | standards, with reclamation activities occurring | ||||||
12 | contemporaneously with farmland activities. On the expiration | ||||||
13 | of the lease and upon the request of the Department of Natural | ||||||
14 | Resources, the private entity must execute the reclamation | ||||||
15 | plan. | ||||||
16 | (e) Any and all leases for the property described in | ||||||
17 | subsection (b) of this Section in effect on the effective date | ||||||
18 | of this amendatory Act of the 97th General Assembly are | ||||||
19 | terminated by operation of law. | ||||||
20 | (f) The provisions of this Section only apply to property | ||||||
21 | described in subsection (b) of this Section and property | ||||||
22 | adjacent thereto, and do not apply to any other property within | ||||||
23 | Pyramid State Park, any other property within any other | ||||||
24 | designated State park under the jurisdiction of the Department | ||||||
25 | of Natural Resources, or any other State property. | ||||||
26 | (g) The authorization for the Department lease property |
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1 | under this Section shall not apply if the Department determines | ||||||
2 | that mining activities pose a risk to the recreational uses, | ||||||
3 | wildlife, hydrology, water quality, habitat, or potential for | ||||||
4 | habitat restoration of lands owned by the Department.
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
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