093_HB1620

 
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 1        AN ACT concerning historic preservation.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Historic Preservation Act is
 5    amended by changing  Section  2  and  adding  Section  20  as
 6    follows:

 7        (20 ILCS 3410/2) (from Ch. 127, par. 133d2)
 8        Sec. 2.  As used in this Act:
 9        (a)  "Council" means the Illinois Historic Sites Advisory
10    Council;
11        (b)  "Demolish"  means raze, reconstruct or substantially
12    alter;
13        (c)  "Agency" means the Historic Preservation Agency;
14        (d)  "Director"   means   the   Director   of    Historic
15    Preservation   who   will   serve   as   the  State  Historic
16    Preservation Officer;
17        (e)  "Place" means (1) any parcel or contiguous  grouping
18    of  parcels  of real estate under common or related ownership
19    or control, where any significant improvements are  at  least
20    40  years  old, or (2) any aboriginal mound, fort, earthwork,
21    village, location, burial  ground,  historic  or  prehistoric
22    ruin,  mine  case  or  other  location which is or may be the
23    source of important archeological data;
24        (f)  "Registered Illinois Historic Place" means any place
25    listed on the "Illinois Register of Historic Places" pursuant
26    to Section 6 of this Act;
27        (g)  "Person"  means  any  natural  person,  partnership,
28    corporation,  trust,  estate,  association,   body   politic,
29    agency,  or unit of government and its legal representatives,
30    agents, or assigns; and
31        (h)  "Municipal Preservation  Agency"  means  any  agency
 
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 1    described  in  Section  11-48.2-3  of the "Illinois Municipal
 2    Code", as now  or  hereafter  amended,  or  any  agency  with
 3    similar  authority  created  by  a municipality under Article
 4    VII, Section 6 of the Illinois Constitution.
 5        (i)  "Critical Historic Feature" means those physical and
 6    environmental components which taken singly or together, make
 7    a place eligible for designation  as  a  Registered  Illinois
 8    Historic Place.
 9        (j)  "ILHABS"   means   the  Illinois  Historic  American
10    Building Survey, a survey of a building or buildings required
11    in accordance with  the  provisions  of  the  Illinois  State
12    Agency  Historic  Resources  Preservation Act (20 ILCS 3420),
13    consisting  of  architectural  drawings,   historic   context
14    studies, photographs, and other similar elements.
15        (k)  "ILHAER"   means   the  Illinois  Historic  American
16    Engineering Record, a survey of  a  structure  or  structures
17    required  in  accordance  with the provisions of the Illinois
18    State Agency Historic Resources  Preservation  Act  (20  ILCS
19    3420),  consisting  of engineering drawings, historic context
20    studies, photographs, and other similar elements.
21        (l)  "Archaeological  survey"  means  the  archaeological
22    investigation required in accordance with the  provisions  of
23    the Illinois State Agency Historic Resources Preservation Act
24    (20 ILCS 3420), consisting of field inspections, excavations,
25    lab  work,  written  reports,  curation,  and  other  similar
26    elements.
27    (Source: P.A. 84-25.)

28        (20 ILCS 3410/20 new)
29        Sec. 20. Cultural Resources Mitigation Grant Program.
30        (a)  Subject  to appropriations, the Agency is authorized
31    to  conduct  and  carry  out  a  pilot  program  of  cultural
32    resources mitigation grants to any  person  required  by  the
33    Agency  to  conduct a survey or undertake an ILHABS or ILHAER
 
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 1    project in accordance with the Illinois State Agency Historic
 2    Resources Preservation Act (20 ILCS 3420). The  grants  shall
 3    be  available  only  in  counties with more than 40% of their
 4    area falling within the high probability area for archaeology
 5    as defined in Section 3 of the Illinois State Agency Historic
 6    Resources Preservation Act (20  ILCS  3420/3)  and  having  a
 7    population  of more than 250,000 in the 2000 Census or in any
 8    county adjacent to such a county, as  long  as  the  adjacent
 9    county  has more than 30% of its area falling within the high
10    probability area for archaeology. The grants shall  be  known
11    as  Cultural  Resources Mitigation Grants. Cultural Resources
12    Mitigation Grant Program funds shall not be provided  to  any
13    other State department or agency. No grant shall be given for
14    the  removal  of  burials, nor shall any grant be given for a
15    project that would damage a publicly or privately owned  site
16    listed in the National Register of Historic Places.
17        (b)  Grants  shall  be  awarded  for  Phase  II  and  III
18    Archaeological  reports,  or  an ILHABS or ILHAER, subject to
19    availability of funding.
20        (c)  Grant applications may be accepted by the Agency  on
21    or  after  July  1  of each fiscal year, subject to available
22    funding.
23        (d)  The  Agency  must  notify,  in  writing,  the  grant
24    applicant, no later than 30 days after the grant  application
25    has been received by the Agency, of acceptance or denial.
26        (e)  Each  grant shall be limited to a maximum of $75,000
27    and no entity shall receive more than one grant per site  per
28    fiscal year.
29        (f)  A  grant  amount shall not exceed 75% of the project
30    amount for a Phase III survey and shall not exceed 50% of the
31    project amount for a Phase II  survey  or  of  an  ILHABS  or
32    ILHAER project, with the remainder to be provided as matching
33    funds by the applicant.
34        (g)  The   Agency   may   enter  into  any  contracts  or
 
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 1    agreements that may be necessary to carry out its  duties  or
 2    responsibilities  under  this  Section.  The Agency may adopt
 3    rules setting forth procedures and criteria for administering
 4    the Cultural Resources Mitigation Grant  Program.  The  rules
 5    adopted by the Agency may include but shall not be limited to
 6    the following:
 7             (1)  purposes for which grants are available;
 8             (2)  content of applications;
 9             (3)  procedures  and  criteria  for Agency review of
10        grant applications,  grant  approvals  and  denials,  and
11        grantee acceptance;
12             (4)  grant payment schedules;
13             (5)  grantee  responsibilities  for  work schedules,
14        work plans, reports, and record keeping;
15             (6)  evaluation of  grantee  performance,  including
16        but  not  limited  to auditing of and access to sites and
17        records;
18             (7)  requirements  applicable  to  contracting   and
19        subcontracting by the grantee;
20             (8)  penalties    for   noncompliance   with   grant
21        requirements and conditions, including stop-work  orders,
22        termination of grants, and recovery of grant funds; and
23             (9)  indemnification of this State and the Agency by
24        the grantee.
25        (h)  There  is  created  in  the State treasury a special
26    fund to be known as the Cultural Resources  Mitigation  Grant
27    Fund. Funds from the Cultural Resources Mitigation Grant Fund
28    shall  be  appropriated only for the purpose of this Section.
29    The Fund shall consist of all moneys that may be appropriated
30    to it by the  General  Assembly,  any  gifts,  contributions,
31    grants,  or bequests received from federal, private, or other
32    sources,  and  moneys  from  the  repayment  of  any   grants
33    terminated,  suspended,  or revoked pursuant to this Section.
34    Notwithstanding any other provision of law, no portion of the
 
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 1    Fund, including interest, shall be transferred to the General
 2    Revenue Fund at the end of any fiscal year.
 3        (i)  At least annually, the State Treasurer shall certify
 4    to  the  Agency  the  amount  deposited  into  the   Cultural
 5    Resources Mitigation Grant Fund.
 6        (j)  Any  portion  of  the  Cultural Resources Mitigation
 7    Grant Fund not immediately needed for the Cultural  Resources
 8    Mitigation  Grant  Program  shall  be  invested  by the State
 9    Treasurer as provided by the laws of this State.  All  income
10    from  such  investments  shall be deposited into the Cultural
11    Resources Mitigation Grant Fund.

12        Section 10. The Illinois State Agency Historic  Resources
13    Preservation Act is amended by adding Section 10 as follows:

14        (20 ILCS 3420/10 new)
15        Sec. 10. Appeals.
16        (a)  Any  person who is required by the Agency to conduct
17    an archaeological investigation or to undertake an ILHABS  or
18    ILHAER  project  under  the  provisions  of  this  Act may in
19    writing appeal such requirement by submitting  the  following
20    to  the  Director  within  14  calendar days of receiving the
21    Agency's request for such work:
22             (1)  A brief description of the reasons why the work
23        should not be required, or should not be required in  the
24        manner requested, under this Act.
25             (2)  Any supporting materials.
26             (3)  The   name   and  contact  information  of  the
27        individual who will serve as the contact for purposes  of
28        the written appeal.
29        (b)  Within  30  calendar  days  the Agency shall provide
30    written reasons as to why the investigation or  project  will
31    be required as requested, not required at all, or required in
32    a modified manner.
 
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 1        (c)  The  Agency  shall  maintain  a  record  of all such
 2    appeals and the decisions made.

 3        Section 15. The State Finance Act is  amended  by  adding
 4    Section 5.595 as follows:

 5        (30 ILCS 105/5.595 new)
 6        Sec. 5.595. The Cultural Resources Mitigation Grant Fund.