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| Public Act 097-0317 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The State Parks Designation Act is amended by | ||||
adding Section 11 as follows: | ||||
(20 ILCS 840/11 new) | ||||
Sec. 11. Leasing property. | ||||
(a) Notwithstanding any provision of this Act or any other | ||||
law to the contrary, property located within Pyramid State Park | ||||
and described in subsection (b) of this Section shall no longer | ||||
be designated part of Pyramid State Park and the Department of | ||||
Natural Resources is authorized to lease such property to a | ||||
private entity having options to purchase property adjacent | ||||
thereto on which mining operations are planned, provided that | ||||
the private entity shall demonstrate to the Department that: | ||||
(1) the property described in subsection (b) of this | ||||
Section does not include areas: | ||||
(A) listed on the Illinois Natural Areas | ||||
Inventory; | ||||
(B) serving as known critical habitats for species | ||||
listed as threatened or endangered in Illinois; | ||||
(C) serving as part of a floodplain; or | ||||
(D) that are part of an Illinois State Natural | ||||
Preserve. | ||
(2) mining operations are feasible on the adjacent | ||
property; | ||
(3) such operations shall consist of overburden | ||
removal and, at the option of the Department, replacement | ||
of topsoil in reclamation; | ||
(4) such operations shall have a significant impact on | ||
the local economy as they are projected to create | ||
employment opportunities for approximately 45 persons and | ||
to serve as the source of payroll and direct expenditures | ||
of approximately $12 to $15 million per year; | ||
(5) no surface mining for the extraction of coal shall | ||
be conducted on the property described in subsection (b) of | ||
this Section; | ||
(6) the property described in subsection (b) of this | ||
Section and the property adjacent thereto on which mining | ||
operations are planned shall be reclaimed by the private | ||
entity on the expiration of the lease and shall be fit for | ||
conservation and recreation purposes; and | ||
(7) the adjacent property consists of 240 acres and | ||
shall ultimately be conveyed to the State, Department of | ||
Natural Resources. | ||
(b) The property is described as follows: | ||
The East 300 feet of even width of the Northwest | ||
Quarter, of Section 8, | ||
And | ||
The East 300 feet of even width of the South 1,620 feet | ||
of the Southwest Quarter, Section 5, | ||
And | ||
South 300 feet of even width of the North Half of the | ||
Southeast Quarter, Section 5, | ||
And | ||
The West 300 feet of even width of the South 1,620 feet | ||
of the Southwest Quarter, Section 4, | ||
And | ||
The West 300 feet of even width of the North 2,940 feet | ||
of the West Half, Section 9, | ||
And | ||
North Half of the Southeast Quarter, Section 8. | ||
All in Township 6 South, Range 3 West, of the Third | ||
Principal Meridian, Perry County, Illinois. | ||
(c) The Department of Natural Resources shall lease the | ||
property described in subsection (b) of this Section for fair | ||
market value, and the term of the lease shall be for a period | ||
of no longer than 10 years with no option for renewal. | ||
(d) Prior to the execution of the lease, the private entity | ||
must receive Department approval of a plan for the reclamation | ||
of both the property described in subsection (b) of this | ||
Section and the property adjacent thereto on which mining | ||
operations are planned. The plan shall include a cost estimate | ||
and timeline for reclamation activities. The private entity | ||
shall provide financial assurance in an amount and in a form | ||
sufficient to fund all reclamation activities in the | ||
Department-approved reclamation plan. At the option of the | ||
Department, both properties shall be reclaimed to farmland | ||
standards, with reclamation activities occurring | ||
contemporaneously with farmland activities. On the expiration | ||
of the lease and upon the request of the Department of Natural | ||
Resources, the private entity must execute the reclamation | ||
plan. | ||
(e) Any and all leases for the property described in | ||
subsection (b) of this Section in effect on the effective date | ||
of this amendatory Act of the 97th General Assembly are | ||
terminated by operation of law. | ||
(f) The provisions of this Section only apply to property | ||
described in subsection (b) of this Section and property | ||
adjacent thereto, and do not apply to any other property within | ||
Pyramid State Park, any other property within any other | ||
designated State park under the jurisdiction of the Department | ||
of Natural Resources, or any other State property. | ||
(g) The authorization for the Department lease property | ||
under this Section shall not apply if the Department determines | ||
that mining activities pose a risk to the recreational uses, | ||
wildlife, hydrology, water quality, habitat, or potential for | ||
habitat restoration of lands owned by the Department.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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