Full Text of HB5234 97th General Assembly
HB5234enr 97TH GENERAL ASSEMBLY |
| | HB5234 Enrolled | | LRB097 18532 KTG 63763 b |
|
| 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 Illinois Historic Preservation Act is | 5 | | amended by changing Sections 2, 3, 4, and 5 as follows:
| 6 | | (20 ILCS 3410/2) (from Ch. 127, par. 133d2)
| 7 | | Sec. 2. As used in this Act:
| 8 | | (a) "Council" means the Illinois Historic Sites Advisory | 9 | | Council . ;
| 10 | | (b) (Blank). "Demolish" means raze, reconstruct or | 11 | | substantially alter;
| 12 | | (c) "Agency" means the Historic Preservation
Agency . ;
| 13 | | (d) "Director" means the Director of Historic Preservation | 14 | | who will serve as
the State Historic Preservation Officer . ;
| 15 | | (d-1) "Historic resource" means any property which is | 16 | | either publicly or privately held and which: | 17 | | (1) is listed in the National Register of Historic | 18 | | Places (hereafter "National Register"); | 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; | 22 | | (3) has been nominated by the Director and the Illinois | 23 | | Historic Sites Advisory Council for listing in the National |
| | | HB5234 Enrolled | - 2 - | LRB097 18532 KTG 63763 b |
|
| 1 | | Register; or | 2 | | (4) meets one or more criteria for listing in the | 3 | | National Register, as determined by the Director. | 4 | | (e) "Place" means (1) any parcel or contiguous grouping of | 5 | | parcels of
real estate under common or related ownership or | 6 | | control, where any significant
improvements are at least 40 | 7 | | years old, or (2) any aboriginal mound, fort,
earthwork, | 8 | | village, location, burial ground, historic or prehistoric | 9 | | ruin,
mine case or other location which is or may be the source | 10 | | of important archeological
data . ;
| 11 | | (f) (Blank). "Registered Illinois Historic Place" means | 12 | | any place listed on the
"Illinois Register of Historic Places" | 13 | | pursuant to Section 6 of this Act;
| 14 | | (g) (Blank). "Person" means any natural person, | 15 | | partnership, corporation, trust,
estate, association, body | 16 | | politic, agency, or unit of government and its
legal | 17 | | representatives, agents, or assigns; and
| 18 | | (h) (Blank). "Municipal Preservation Agency" means any | 19 | | agency described in Section
11-48.2-3 of the "Illinois | 20 | | Municipal Code", as now or hereafter amended,
or any agency | 21 | | with similar authority created by a municipality under Article
| 22 | | VII, Section 6 of the Illinois Constitution.
| 23 | | (i) (Blank). "Critical Historic Feature" means those | 24 | | physical and environmental
components which taken singly or | 25 | | together, make a place eligible for designation
as a Registered | 26 | | Illinois Historic Place.
|
| | | HB5234 Enrolled | - 3 - | LRB097 18532 KTG 63763 b |
|
| 1 | | (Source: P.A. 84-25.)
| 2 | | (20 ILCS 3410/3) (from Ch. 127, par. 133d3)
| 3 | | Sec. 3.
There is recognized and established hereunder the | 4 | | Illinois Historic
Sites Advisory Council, previously | 5 | | established pursuant to Federal regulations,
hereafter called | 6 | | the Council. The Council shall consist of
15 members. Of these, | 7 | | there shall be at least 3 historians, at least 3
architectural | 8 | | historians, or architects with a preservation background,
and | 9 | | at least 3 archeologists. The remaining 6 members shall be | 10 | | drawn from
supporting fields and have a preservation interest. | 11 | | Supporting fields shall
include but not be limited to | 12 | | historical geography, law, urban planning,
local government | 13 | | officials, and members of other preservation commissions.
All | 14 | | shall be appointed by the Director of Historic Sites and | 15 | | Preservation,
with the consent of the Board.
| 16 | | The Council Chairperson shall be appointed by the Director | 17 | | of Historic
Sites and Preservation from the Council
membership | 18 | | and shall serve at the Director's pleasure.
| 19 | | The Director of the Lincoln Presidential Library and the | 20 | | Director of
the Illinois State Museum shall serve on the | 21 | | Council
in advisory capacity as non-voting members.
| 22 | | Terms of membership shall be 3 years and shall be staggered | 23 | | by the Director
to assure continuity of representation.
| 24 | | The Council shall meet at least 3 4 times each year. | 25 | | Additional meetings
may be held at the call of the chairperson |
| | | HB5234 Enrolled | - 4 - | LRB097 18532 KTG 63763 b |
|
| 1 | | or at the call of the Director.
| 2 | | Members shall serve without compensation, but shall be | 3 | | reimbursed for actual
expenses incurred in the performance of | 4 | | their duties.
| 5 | | (Source: P.A. 92-600, eff. 7-1-02.)
| 6 | | (20 ILCS 3410/4) (from Ch. 127, par. 133d4)
| 7 | | Sec. 4.
In addition to those powers specifically granted or | 8 | | necessary
to perform the duties prescribed by this Act, the | 9 | | Council shall have the
following powers:
| 10 | | (a) to recommend nominations to the National Register of | 11 | | Historic Places;
| 12 | | (b) (blank); to nominate places to the Illinois Register of | 13 | | Historic Places;
| 14 | | (c) to recommend removal of places from the National | 15 | | Register of Historic Places;
| 16 | | (d) (blank); to recommend removal of places from the | 17 | | Illinois Register of Historic Places;
| 18 | | (e) (blank); to establish guidelines determining the | 19 | | eligibility for listing and
removing places on the Illinois | 20 | | Register of Historic Places; and
| 21 | | (f) to advise the Agency on matters pertaining to
historic | 22 | | preservation.
| 23 | | (Source: P.A. 84-25.)
| 24 | | (20 ILCS 3410/5) (from Ch. 127, par. 133d5)
|
| | | HB5234 Enrolled | - 5 - | LRB097 18532 KTG 63763 b |
|
| 1 | | Sec. 5.
In addition to the powers otherwise specifically | 2 | | granted to the
Agency by law, the Agency shall have
the | 3 | | following powers and responsibilities:
| 4 | | (a) to perform the administrative functions for the | 5 | | Council;
| 6 | | (b) to hold public hearings and meetings concerning the | 7 | | National Illinois Register
of Historic Places;
| 8 | | (c) to prepare and periodically revise a statewide | 9 | | preservation plan;
| 10 | | (d) to attempt to maximize the extent to which the | 11 | | preservation of historic resources Registered
Illinois | 12 | | Historic Places is accomplished through active use, including
| 13 | | self-sustaining or revenue-producing use and through the | 14 | | involvement of
persons other than the Agency; and
| 15 | | (e) to disseminate information of historic resources | 16 | | Registered Illinois Historic Places ,
to provide technical and | 17 | | other assistance to persons involved in preservation
| 18 | | activities, to develop interpretive programs and otherwise | 19 | | stimulate public
interest in preservation.
| 20 | | (Source: P.A. 84-25.)
| 21 | | (20 ILCS 3410/6 rep.)
| 22 | | (20 ILCS 3410/7 rep.)
| 23 | | (20 ILCS 3410/8 rep.)
| 24 | | (20 ILCS 3410/9 rep.)
| 25 | | (20 ILCS 3410/10 rep.)
|
| | | HB5234 Enrolled | - 6 - | LRB097 18532 KTG 63763 b |
|
| 1 | | (20 ILCS 3410/11 rep.)
| 2 | | (20 ILCS 3410/12 rep.)
| 3 | | (20 ILCS 3410/13 rep.)
| 4 | | (20 ILCS 3410/14 rep.)
| 5 | | Section 10. The Illinois Historic Preservation Act is | 6 | | amended by repealing Sections 6, 7, 8, 9, 10, 11, 12, 13, and | 7 | | 14. | 8 | | Section 15. The Illinois State Agency Historic Resources | 9 | | Preservation Act is amended by changing Sections 3 and 4 as | 10 | | follows:
| 11 | | (20 ILCS 3420/3) (from Ch. 127, par. 133c23)
| 12 | | Sec. 3. Definitions.
| 13 | | (a) "Director" means the Director of Historic Preservation | 14 | | who shall serve
as the State Historic Preservation Officer.
| 15 | | (b) "Agency" shall have the same meaning as in Section 1-20 | 16 | | of
the Illinois Administrative Procedure Act, and shall | 17 | | specifically include
all agencies and entities made subject to | 18 | | such Act by any State statute.
| 19 | | (c) "Historic resource" means any property which is either | 20 | | publicly or
privately held and which:
| 21 | | (1) is listed in the National Register of Historic | 22 | | Places (hereafter
"National Register");
| 23 | | (2) has been formally determined by the Director to be | 24 | | eligible for
listing in the National Register as defined in |
| | | HB5234 Enrolled | - 7 - | LRB097 18532 KTG 63763 b |
|
| 1 | | Section 106 of Title 16 of the
United States Code;
| 2 | | (3) has been nominated by the Director and the Illinois | 3 | | Historic Sites
Advisory Council for listing in the National | 4 | | Register; or
| 5 | | (4) meets one or more criteria for listing in the | 6 | | National Register, as
determined by the Director . ; or
| 7 | | (5) (blank). is listed in the Illinois Register of | 8 | | Historic Places.
| 9 | | (d) "Adverse effect" means:
| 10 | | (1) destruction or alteration of all or part of an | 11 | | historic resource;
| 12 | | (2) isolation or alteration of the surrounding | 13 | | environment of an historic
resource;
| 14 | | (3) introduction of visual, audible, or atmospheric | 15 | | elements which are
out of character with an historic | 16 | | resource or which alter its setting;
| 17 | | (4) neglect or improper utilization of an historic | 18 | | resource which
results in its deterioration or | 19 | | destruction; or
| 20 | | (5) transfer or sale of an historic resource to any | 21 | | public or private
entity without the inclusion of adequate | 22 | | conditions or restrictions
regarding preservation, | 23 | | maintenance, or use.
| 24 | | (e) "Comment" means the written finding by the Director of | 25 | | the effect of
a State undertaking on an historic resource.
| 26 | | (f) "Undertaking" means any project, activity, or program |
| | | HB5234 Enrolled | - 8 - | LRB097 18532 KTG 63763 b |
|
| 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:
| 7 | | (1) directly undertaken by a State agency;
| 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
| 11 | | (3) carried out pursuant to a State lease, permit, | 12 | | license, certificate,
approval, or other form of | 13 | | entitlement or permission.
| 14 | | (g) "Committee" means the Historic Preservation Mediation | 15 | | Committee.
| 16 | | (h) "Feasible" means capable of being accomplished in a | 17 | | successful
manner within a reasonable period of time, taking | 18 | | into account economic,
environmental, social, and | 19 | | technological factors.
| 20 | | (i) "Private undertaking" means any undertaking that does | 21 | | not receive
public funding or is not on public lands.
| 22 | | (j) "High probability area" means any occurrence of Cahokia | 23 | | Alluvium,
Carmi Member of the Equality Formation, Grayslake | 24 | | Peat, Parkland Sand,
Peyton Colluvium, the Batavia Member of | 25 | | the Henry Formation, or the
Mackinaw Member, as mapped by | 26 | | Lineback et al. (1979) at a scale of
1-500,000 within permanent |
| | | HB5234 Enrolled | - 9 - | LRB097 18532 KTG 63763 b |
|
| 1 | | stream floodplains and including
| 2 | | (1) 500 yards of the adjoining bluffline crest of the | 3 | | Fox, Illinois,
Kankakee, Kaskaskia, Mississippi, Ohio, | 4 | | Rock and Wabash Rivers and 300
yards of the adjoining | 5 | | bluffline crest of all other rivers or
| 6 | | (2) a 500 yard wide area along the shore of Lake | 7 | | Michigan abutting the
high water mark.
| 8 | | (Source: P.A. 87-717; 87-739; 87-847; 88-45.)
| 9 | | (20 ILCS 3420/4) (from Ch. 127, par. 133c24)
| 10 | | Sec. 4. State agency undertakings.
| 11 | | (a) As early in the planning process as may be practicable | 12 | | and prior to
the approval of the final design or plan of any | 13 | | undertaking by a State
agency, or prior to the funding of any | 14 | | undertaking by a State agency, or
prior to an action of | 15 | | approval or entitlement of any private undertaking by
a State | 16 | | agency, written notice of the project shall be given to the
| 17 | | Director either by the State agency or the recipients of its | 18 | | funds, permits
or licenses. The State agency shall consult with | 19 | | the Director to determine
the documentation requirements | 20 | | necessary for identification and treatment
of historic | 21 | | resources. For the purposes of identification and evaluation
of | 22 | | historic resources, the Director may require archaeological | 23 | | and historic
investigations. Responsibility for notice and | 24 | | documentation may be
delegated by the State agency to a local | 25 | | or private designee.
|
| | | HB5234 Enrolled | - 10 - | LRB097 18532 KTG 63763 b |
|
| 1 | | (b) Within 30 days after receipt of complete and correct | 2 | | documentation
of a proposed undertaking, the Director shall | 3 | | review and comment to the
agency on the likelihood that the | 4 | | undertaking will have an adverse effect
on a historic resource. | 5 | | In the case of a private undertaking, the
Director shall, not | 6 | | later than 30 days following the receipt of an
application with | 7 | | complete documentation of the undertaking, either approve
that | 8 | | application allowing the undertaking to proceed or tender to | 9 | | the
applicant a written statement setting forth the reasons for | 10 | | the
requirement of an archaeological investigation. If there is | 11 | | no action
within 30 days after the filing of the application | 12 | | with the complete
documentation of the undertaking, the | 13 | | applicant may deem the application
approved and may proceed | 14 | | with the undertaking. Thereafter, all
requirements for | 15 | | archaeological investigations are waived under this Act.
| 16 | | (c) If the Director finds that an undertaking will | 17 | | adversely affect an
historic resource or is inconsistent with | 18 | | agency policies, the State agency
shall consult with the | 19 | | Director and shall discuss alternatives to the proposed
| 20 | | undertaking which could eliminate, minimize, or mitigate its | 21 | | adverse effect.
During the consultation process, the State | 22 | | agency shall explore
all feasible and prudent plans which | 23 | | eliminate, minimize, or mitigate
adverse effects on historic | 24 | | resources. Grantees, permittees, licensees, or
other parties | 25 | | in interest and representatives of national, State, and local
| 26 | | units of government and public and private organizations may |
| | | HB5234 Enrolled | - 11 - | LRB097 18532 KTG 63763 b |
|
| 1 | | participate
in the consultation process. The process may | 2 | | involve on-site inspections and
public informational meetings | 3 | | pursuant to regulations issued by the
Historic Preservation | 4 | | Agency.
| 5 | | (d) The State agency and the Director may agree that there | 6 | | is a feasible
and prudent alternative which eliminates, | 7 | | minimizes, or mitigates the
adverse effect of the undertaking. | 8 | | Upon such agreement, or if the State
agency and the Director | 9 | | agree that there are no feasible and prudent
alternatives which | 10 | | eliminate, minimize, or mitigate the adverse effect, the
| 11 | | Director shall prepare a Memorandum of Agreement describing the
| 12 | | alternatives or stating the finding. The State agency may | 13 | | proceed with the
undertaking once a Memorandum of Agreement has | 14 | | been signed by both the
State agency and the Director.
| 15 | | (e) After the consultation process, the Director and the | 16 | | State agency
may fail to agree on the existence of a feasible | 17 | | and prudent alternative
which would eliminate, minimize, or | 18 | | mitigate the adverse effect of the
undertaking on the historic | 19 | | resource. If no agreement is reached, the agency
shall call a | 20 | | public meeting in the county where the undertaking is proposed
| 21 | | within 60 days. If, within 14 days following conclusion of the | 22 | | public
meeting, the State agency and the Director fail to agree | 23 | | on a feasible and
prudent alternative, the proposed | 24 | | undertaking, with supporting
documentation, shall be submitted | 25 | | to the Historic Preservation
Mediation Committee. The document | 26 | | shall be sufficient to identify each
alternative considered by |
| | | HB5234 Enrolled | - 12 - | LRB097 18532 KTG 63763 b |
|
| 1 | | the Agency and the Director during the
consultation process and | 2 | | the reason for its rejection.
| 3 | | (f) The Mediation Committee shall consist of the Director | 4 | | and 5 persons
appointed by the Director for terms of 3 years | 5 | | each, each of whom shall be
no lower in rank than a division | 6 | | chief and each of whom shall represent a
different State | 7 | | agency. An agency that is a party to mediation shall be
| 8 | | notified of all hearings and deliberations and shall have the | 9 | | right to
participate in deliberations as a non-voting member of | 10 | | the Committee.
Within 30 days after submission of the proposed | 11 | | undertaking, the Committee
shall meet with the Director and the | 12 | | submitting agency to review each
alternative considered by the | 13 | | State agency and the Director and to evaluate
the existence of | 14 | | a feasible and prudent alternative. In the event that the
| 15 | | Director and the submitting agency continue to disagree, the | 16 | | Committee
shall provide a statement of findings or comments | 17 | | setting forth an
alternative to the proposed undertaking or | 18 | | stating the finding that there
is no feasible or prudent | 19 | | alternative. The State agency shall consider the
written | 20 | | comments of the Committee and shall respond in writing to the
| 21 | | Committee before proceeding with the undertaking.
| 22 | | (g) When an undertaking is being reviewed pursuant to | 23 | | Section 106 of the
National Historic Preservation Act of 1966, | 24 | | the procedures of this law
shall not apply and any review or | 25 | | comment by the Director on such undertaking
shall be within the | 26 | | framework or procedures of the federal law. When an
undertaking |
| | | HB5234 Enrolled | - 13 - | LRB097 18532 KTG 63763 b |
|
| 1 | | involves a structure listed on the Illinois Register of | 2 | | Historic
Places, the rules and procedures of the Illinois | 3 | | Historic Preservation Act
shall apply. This subsection shall | 4 | | not prevent the Illinois Historic
Preservation Agency from | 5 | | entering into an agreement with the Advisory
Council on | 6 | | Historic Preservation pursuant to Section 106 of the National
| 7 | | Historic Preservation Act to substitute this Act and its | 8 | | procedures for
procedures set forth in Council regulations | 9 | | found in 36 C.F.R. Part 800.7.
A State undertaking that is | 10 | | necessary to prevent an immediate and
imminent threat to life | 11 | | or property shall be exempt from the requirements
of this Act. | 12 | | Where possible, the Director shall be consulted in the
| 13 | | determination of the exemption. In all cases, the agency shall | 14 | | provide the
Director with a statement of the reasons for the | 15 | | exemption and shall have
an opportunity to comment on the | 16 | | exemption. The statement and the comments
of the Director shall | 17 | | be included in the annual report of the Historic
Preservation | 18 | | Agency as a guide to future actions. The provisions of this
Act | 19 | | do not apply to undertakings pursuant to the Illinois Oil and | 20 | | Gas Act,
the Surface-Mined Land Conservation and Reclamation | 21 | | Act and the Surface
Coal Mining Land Conservation and | 22 | | Reclamation Act.
| 23 | | (Source: P.A. 96-1000, eff. 7-2-10.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
| | | | HB5234 Enrolled | - 14 - | LRB097 18532 KTG 63763 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 20 ILCS 3410/2 | from Ch. 127, par. 133d2 | | 4 | | 20 ILCS 3410/4 | from Ch. 127, par. 133d4 | | 5 | | 20 ILCS 3410/5 | from Ch. 127, par. 133d5 | | 6 | | 20 ILCS 3410/6 rep. | | | 7 | | 20 ILCS 3410/7 rep. | | | 8 | | 20 ILCS 3410/8 rep. | | | 9 | | 20 ILCS 3410/9 rep. | | | 10 | | 20 ILCS 3410/10 rep. | | | 11 | | 20 ILCS 3410/11 rep. | | | 12 | | 20 ILCS 3410/12 rep. | | | 13 | | 20 ILCS 3410/13 rep. | | | 14 | | 20 ILCS 3410/14 rep. | | | 15 | | 20 ILCS 3420/3 | from Ch. 127, par. 133c23 | | 16 | | 20 ILCS 3420/4 | from Ch. 127, par. 133c24 |
| |
|