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


Rep. Dan Reitz

Filed: 4/7/2011





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2    AMENDMENT NO. ______. Amend House Bill 390 by replacing
3everything after the enacting clause with the following:
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 not be
11deemed park property, and the Department of Natural Resources
12shall lease such property to a private entity owning property
13adjacent thereto on which mining operations are planned,
14provided that the private entity shall demonstrate to the
15Department 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 habitats for species listed as
5        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 shall be conducted on the
20    property described in subsection (b) of this Section;
21        (6) the property described in subsection (b) of this
22    Section and the property adjacent thereto on which mining
23    operations are planned shall be reclaimed by the State on
24    the expiration of the lease and shall be fit for
25    conservation and recreation purposes; and
26        (7) the property adjacent to the property described in



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1    subsection (b) of this Section consists of 240 acres and
2    shall ultimately be transferred to the State.
3    (b) The property is described as follows:
4        The East 300 feet of even width of the Northwest
5    Quarter, of Section 8,
6        And
7        The East 300 feet of even width of the South 1,620 feet
8    of the Southwest Quarter, Section 5
9        And
10        South 300 feet of even width of the North Half of the
11    Southeast Quarter, Section 5,
12        And
13        The West 300 feet of even width of the South 1,620 feet
14    of the Southwest Quarter, Section 4
15        And
16        The West 300 feet of even width of the North 2,940 feet
17    of the West Half, Section 9
18        And
19        North Half of the Southeast Quarter, Section 8.
20        All in Township 6 South, Range 3 West, of the Third
21    Principal Meridian, Perry County, Illinois.
22    (c) The Department of Natural Resources shall lease the
23property described in subsection (b) of this Section for fair
24market value, and the term of the lease shall be for a period
25of no longer than 10 years with no option for renewal.
26    (d) Prior to the execution of the lease, the private entity



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1owning property adjacent to the property described in
2subsection (b) of this Section shall provide a plan to the
3Department of Natural Resources for the reclamation by the
4State of both the property described in subsection (b) of this
5Section and the property adjacent thereto on which mining
6operations are planned. The plan shall include a cost estimate
7and timeline for reclamation activities. At the option of the
8Department, both properties shall be reclaimed to farmland
9standards, with reclamation activities occurring
10contemporaneously with farmland activities. On the expiration
11of the lease and on request of the Department of Natural
12Resources, the private entity must execute the reclamation
14    (e) Any and all leases for the property described in
15subsection (b) of this Section in effect on the effective date
16of this amendatory Act of the 97th General Assembly are
17terminated by operation of law.
18    (f) The provisions of this Section only apply to property
19described in subsection (b) of this Section and property
20adjacent thereto, and do not apply to any other property within
21Pyramid State Park, any other property within any other
22designated State park under the jurisdiction of the Department
23of Natural Resources, or any other State property.
24    (g) The requirement that the Department lease property
25under this Section shall not apply if the Department determines
26that mining activities pose a risk to the recreational uses,



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1wildlife, hydrology, water quality, habitat, or potential for
2habitat restoration of lands owned by the Department.
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".