Illinois General Assembly - Full Text of HB0390
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Full Text of HB0390  97th General Assembly



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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The State Parks Designation Act is amended by
5adding 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
9law to the contrary, property located within Pyramid State Park
10and described in subsection (b) of this Section shall no longer
11be designated part of Pyramid State Park and the Department of
12Natural Resources is authorized to lease such property to a
13private entity having options to purchase property adjacent
14thereto on which mining operations are planned, provided that
15the 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



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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



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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
17property described in subsection (b) of this Section for fair
18market value, and the term of the lease shall be for a period
19of no longer than 10 years with no option for renewal.
20    (d) Prior to the execution of the lease, the private entity
21must receive Department approval of a plan for the reclamation
22of both the property described in subsection (b) of this
23Section and the property adjacent thereto on which mining
24operations are planned. The plan shall include a cost estimate
25and timeline for reclamation activities. The private entity
26shall provide financial assurance in an amount and in a form



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1sufficient to fund all reclamation activities in the
2Department-approved reclamation plan. At the option of the
3Department, both properties shall be reclaimed to farmland
4standards, with reclamation activities occurring
5contemporaneously with farmland activities. On the expiration
6of the lease and upon the request of the Department of Natural
7Resources, the private entity must execute the reclamation
9    (e) Any and all leases for the property described in
10subsection (b) of this Section in effect on the effective date
11of this amendatory Act of the 97th General Assembly are
12terminated by operation of law.
13    (f) The provisions of this Section only apply to property
14described in subsection (b) of this Section and property
15adjacent thereto, and do not apply to any other property within
16Pyramid State Park, any other property within any other
17designated State park under the jurisdiction of the Department
18of Natural Resources, or any other State property.
19    (g) The authorization for the Department lease property
20under this Section shall not apply if the Department determines
21that mining activities pose a risk to the recreational uses,
22wildlife, hydrology, water quality, habitat, or potential for
23habitat restoration of lands owned by the Department.
24    Section 99. Effective date. This Act takes effect upon
25becoming law.