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


Rep. Dan Reitz

Filed: 4/11/2011





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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 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



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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 critical habitats for species
5        listed as 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 for the extraction of coal shall
20    be conducted on the property described in subsection (b) of
21    this Section;
22        (6) the property described in subsection (b) of this
23    Section and the property adjacent thereto on which mining
24    operations are planned shall be reclaimed by the private
25    entity on the expiration of the lease and shall be fit for
26    conservation and recreation purposes; and



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



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1    (d) Prior to the execution of the lease, the private entity
2must receive Department approval of a plan for the reclamation
3of both the property described in subsection (b) of this
4Section and the property adjacent thereto on which mining
5operations are planned. The plan shall include a cost estimate
6and timeline for reclamation activities. The private entity
7shall provide financial assurance in an amount and in a form
8sufficient to fund all reclamation activities in the
9Department-approved reclamation plan. At the option of the
10Department, both properties shall be reclaimed to farmland
11standards, with reclamation activities occurring
12contemporaneously with farmland activities. On the expiration
13of the lease and upon the request of the Department of Natural
14Resources, the private entity must execute the reclamation
16    (e) Any and all leases for the property described in
17subsection (b) of this Section in effect on the effective date
18of this amendatory Act of the 97th General Assembly are
19terminated by operation of law.
20    (f) The provisions of this Section only apply to property
21described in subsection (b) of this Section and property
22adjacent thereto, and do not apply to any other property within
23Pyramid State Park, any other property within any other
24designated State park under the jurisdiction of the Department
25of Natural Resources, or any other State property.
26    (g) The authorization for the Department lease property



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1under this Section shall not apply if the Department determines
2that mining activities pose a risk to the recreational uses,
3wildlife, hydrology, water quality, habitat, or potential for
4habitat restoration of lands owned by the Department.
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".