Illinois General Assembly - Full Text of HB5234
Illinois General Assembly

Previous General Assemblies

Full Text of HB5234  97th General Assembly




HB5234 EnrolledLRB097 18532 KTG 63763 b

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 Illinois Historic Preservation Act is
5amended 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
9Council. ;
10    (b) (Blank). "Demolish" means raze, reconstruct or
11substantially alter;
12    (c) "Agency" means the Historic Preservation Agency. ;
13    (d) "Director" means the Director of Historic Preservation
14who will serve as the State Historic Preservation Officer. ;
15    (d-1) "Historic resource" means any property which is
16either 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
5parcels of real estate under common or related ownership or
6control, where any significant improvements are at least 40
7years old, or (2) any aboriginal mound, fort, earthwork,
8village, location, burial ground, historic or prehistoric
9ruin, mine case or other location which is or may be the source
10of important archeological data. ;
11    (f) (Blank). "Registered Illinois Historic Place" means
12any place listed on the "Illinois Register of Historic Places"
13pursuant to Section 6 of this Act;
14    (g) (Blank). "Person" means any natural person,
15partnership, corporation, trust, estate, association, body
16politic, agency, or unit of government and its legal
17representatives, agents, or assigns; and
18    (h) (Blank). "Municipal Preservation Agency" means any
19agency described in Section 11-48.2-3 of the "Illinois
20Municipal Code", as now or hereafter amended, or any agency
21with similar authority created by a municipality under Article
22VII, Section 6 of the Illinois Constitution.
23    (i) (Blank). "Critical Historic Feature" means those
24physical and environmental components which taken singly or
25together, make a place eligible for designation as a Registered
26Illinois 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
4Illinois Historic Sites Advisory Council, previously
5established pursuant to Federal regulations, hereafter called
6the Council. The Council shall consist of 15 members. Of these,
7there shall be at least 3 historians, at least 3 architectural
8historians, or architects with a preservation background, and
9at least 3 archeologists. The remaining 6 members shall be
10drawn from supporting fields and have a preservation interest.
11Supporting fields shall include but not be limited to
12historical geography, law, urban planning, local government
13officials, and members of other preservation commissions. All
14shall be appointed by the Director of Historic Sites and
15Preservation, with the consent of the Board.
16    The Council Chairperson shall be appointed by the Director
17of Historic Sites and Preservation from the Council membership
18and shall serve at the Director's pleasure.
19    The Director of the Lincoln Presidential Library and the
20Director of the Illinois State Museum shall serve on the
21Council in advisory capacity as non-voting members.
22    Terms of membership shall be 3 years and shall be staggered
23by the Director to assure continuity of representation.
24    The Council shall meet at least 3 4 times each year.
25Additional meetings may be held at the call of the chairperson



HB5234 Enrolled- 4 -LRB097 18532 KTG 63763 b

1or at the call of the Director.
2    Members shall serve without compensation, but shall be
3reimbursed for actual expenses incurred in the performance of
4their 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
8necessary to perform the duties prescribed by this Act, the
9Council shall have the following powers:
10    (a) to recommend nominations to the National Register of
11Historic Places;
12    (b) (blank); to nominate places to the Illinois Register of
13Historic Places;
14    (c) to recommend removal of places from the National
15Register of Historic Places;
16    (d) (blank); to recommend removal of places from the
17Illinois Register of Historic Places;
18    (e) (blank); to establish guidelines determining the
19eligibility for listing and removing places on the Illinois
20Register of Historic Places; and
21    (f) to advise the Agency on matters pertaining to historic
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
2granted to the Agency by law, the Agency shall have the
3following powers and responsibilities:
4    (a) to perform the administrative functions for the
6    (b) to hold public hearings and meetings concerning the
7National Illinois Register of Historic Places;
8    (c) to prepare and periodically revise a statewide
9preservation plan;
10    (d) to attempt to maximize the extent to which the
11preservation of historic resources Registered Illinois
12Historic Places is accomplished through active use, including
13self-sustaining or revenue-producing use and through the
14involvement of persons other than the Agency; and
15    (e) to disseminate information of historic resources
16Registered Illinois Historic Places, to provide technical and
17other assistance to persons involved in preservation
18activities, to develop interpretive programs and otherwise
19stimulate 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
6amended by repealing Sections 6, 7, 8, 9, 10, 11, 12, 13, and
8    Section 15. The Illinois State Agency Historic Resources
9Preservation Act is amended by changing Sections 3 and 4 as
11    (20 ILCS 3420/3)  (from Ch. 127, par. 133c23)
12    Sec. 3. Definitions.
13    (a) "Director" means the Director of Historic Preservation
14who shall serve as the State Historic Preservation Officer.
15    (b) "Agency" shall have the same meaning as in Section 1-20
16of the Illinois Administrative Procedure Act, and shall
17specifically include all agencies and entities made subject to
18such Act by any State statute.
19    (c) "Historic resource" means any property which is either
20publicly 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
25the 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

1that can result in changes in the character or use of historic
2property, if any historic property is located in the area of
3potential effects. The project, activity or program shall be
4under the direct or indirect jurisdiction of a State agency or
5licensed or assisted by a State agency. An undertaking
6includes, 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
16    (h) "Feasible" means capable of being accomplished in a
17successful manner within a reasonable period of time, taking
18into account economic, environmental, social, and
19technological factors.
20    (i) "Private undertaking" means any undertaking that does
21not receive public funding or is not on public lands.
22    (j) "High probability area" means any occurrence of Cahokia
23Alluvium, Carmi Member of the Equality Formation, Grayslake
24Peat, Parkland Sand, Peyton Colluvium, the Batavia Member of
25the Henry Formation, or the Mackinaw Member, as mapped by
26Lineback et al. (1979) at a scale of 1-500,000 within permanent



HB5234 Enrolled- 9 -LRB097 18532 KTG 63763 b

1stream 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
12and prior to the approval of the final design or plan of any
13undertaking by a State agency, or prior to the funding of any
14undertaking by a State agency, or prior to an action of
15approval or entitlement of any private undertaking by a State
16agency, written notice of the project shall be given to the
17Director either by the State agency or the recipients of its
18funds, permits or licenses. The State agency shall consult with
19the Director to determine the documentation requirements
20necessary for identification and treatment of historic
21resources. For the purposes of identification and evaluation of
22historic resources, the Director may require archaeological
23and historic investigations. Responsibility for notice and
24documentation may be delegated by the State agency to a local
25or private designee.



HB5234 Enrolled- 10 -LRB097 18532 KTG 63763 b

1    (b) Within 30 days after receipt of complete and correct
2documentation of a proposed undertaking, the Director shall
3review and comment to the agency on the likelihood that the
4undertaking will have an adverse effect on a historic resource.
5In the case of a private undertaking, the Director shall, not
6later than 30 days following the receipt of an application with
7complete documentation of the undertaking, either approve that
8application allowing the undertaking to proceed or tender to
9the applicant a written statement setting forth the reasons for
10the requirement of an archaeological investigation. If there is
11no action within 30 days after the filing of the application
12with the complete documentation of the undertaking, the
13applicant may deem the application approved and may proceed
14with the undertaking. Thereafter, all requirements for
15archaeological investigations are waived under this Act.
16    (c) If the Director finds that an undertaking will
17adversely affect an historic resource or is inconsistent with
18agency policies, the State agency shall consult with the
19Director and shall discuss alternatives to the proposed
20undertaking which could eliminate, minimize, or mitigate its
21adverse effect. During the consultation process, the State
22agency shall explore all feasible and prudent plans which
23eliminate, minimize, or mitigate adverse effects on historic
24resources. Grantees, permittees, licensees, or other parties
25in interest and representatives of national, State, and local
26units of government and public and private organizations may



HB5234 Enrolled- 11 -LRB097 18532 KTG 63763 b

1participate in the consultation process. The process may
2involve on-site inspections and public informational meetings
3pursuant to regulations issued by the Historic Preservation
5    (d) The State agency and the Director may agree that there
6is a feasible and prudent alternative which eliminates,
7minimizes, or mitigates the adverse effect of the undertaking.
8Upon such agreement, or if the State agency and the Director
9agree that there are no feasible and prudent alternatives which
10eliminate, minimize, or mitigate the adverse effect, the
11Director shall prepare a Memorandum of Agreement describing the
12alternatives or stating the finding. The State agency may
13proceed with the undertaking once a Memorandum of Agreement has
14been signed by both the State agency and the Director.
15    (e) After the consultation process, the Director and the
16State agency may fail to agree on the existence of a feasible
17and prudent alternative which would eliminate, minimize, or
18mitigate the adverse effect of the undertaking on the historic
19resource. If no agreement is reached, the agency shall call a
20public meeting in the county where the undertaking is proposed
21within 60 days. If, within 14 days following conclusion of the
22public meeting, the State agency and the Director fail to agree
23on a feasible and prudent alternative, the proposed
24undertaking, with supporting documentation, shall be submitted
25to the Historic Preservation Mediation Committee. The document
26shall be sufficient to identify each alternative considered by



HB5234 Enrolled- 12 -LRB097 18532 KTG 63763 b

1the Agency and the Director during the consultation process and
2the reason for its rejection.
3    (f) The Mediation Committee shall consist of the Director
4and 5 persons appointed by the Director for terms of 3 years
5each, each of whom shall be no lower in rank than a division
6chief and each of whom shall represent a different State
7agency. An agency that is a party to mediation shall be
8notified of all hearings and deliberations and shall have the
9right to participate in deliberations as a non-voting member of
10the Committee. Within 30 days after submission of the proposed
11undertaking, the Committee shall meet with the Director and the
12submitting agency to review each alternative considered by the
13State agency and the Director and to evaluate the existence of
14a feasible and prudent alternative. In the event that the
15Director and the submitting agency continue to disagree, the
16Committee shall provide a statement of findings or comments
17setting forth an alternative to the proposed undertaking or
18stating the finding that there is no feasible or prudent
19alternative. The State agency shall consider the written
20comments of the Committee and shall respond in writing to the
21Committee before proceeding with the undertaking.
22    (g) When an undertaking is being reviewed pursuant to
23Section 106 of the National Historic Preservation Act of 1966,
24the procedures of this law shall not apply and any review or
25comment by the Director on such undertaking shall be within the
26framework or procedures of the federal law. When an undertaking



HB5234 Enrolled- 13 -LRB097 18532 KTG 63763 b

1involves a structure listed on the Illinois Register of
2Historic Places, the rules and procedures of the Illinois
3Historic Preservation Act shall apply. This subsection shall
4not prevent the Illinois Historic Preservation Agency from
5entering into an agreement with the Advisory Council on
6Historic Preservation pursuant to Section 106 of the National
7Historic Preservation Act to substitute this Act and its
8procedures for procedures set forth in Council regulations
9found in 36 C.F.R. Part 800.7. A State undertaking that is
10necessary to prevent an immediate and imminent threat to life
11or property shall be exempt from the requirements of this Act.
12Where possible, the Director shall be consulted in the
13determination of the exemption. In all cases, the agency shall
14provide the Director with a statement of the reasons for the
15exemption and shall have an opportunity to comment on the
16exemption. The statement and the comments of the Director shall
17be included in the annual report of the Historic Preservation
18Agency as a guide to future actions. The provisions of this Act
19do not apply to undertakings pursuant to the Illinois Oil and
20Gas Act, the Surface-Mined Land Conservation and Reclamation
21Act and the Surface Coal Mining Land Conservation and
22Reclamation Act.
23(Source: P.A. 96-1000, eff. 7-2-10.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.



HB5234 Enrolled- 14 -LRB097 18532 KTG 63763 b

2 Statutes amended in order of appearance
3    20 ILCS 3410/2from Ch. 127, par. 133d2
4    20 ILCS 3410/4from Ch. 127, par. 133d4
5    20 ILCS 3410/5from 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 3420/3from Ch. 127, par. 133c23
16    20 ILCS 3420/4from Ch. 127, par. 133c24