525 ILCS 35/ Open Space Lands Acquisition and Development Act.

(525 ILCS 35/1) (from Ch. 85, par. 2101)

Sec. 1. This Act shall be known and may be cited as the Open Space Lands Acquisition and Development Act.

(Source: P.A. 83-722.)

(525 ILCS 35/2) (from Ch. 85, par. 2102)

Sec. 2. As used in this Act, unless the context otherwise requires, the terms defined in the Sections following this Section and preceding Section 3 have the meanings ascribed to them in those Sections.

(Source: P.A. 97-333, eff. 8-12-11.)

(525 ILCS 35/2.01) (from Ch. 85, par. 2102.01)

Sec. 2.01. "Applicant" means a local government that files an application for grant under this Act.

(Source: P.A. 78-938.)

(525 ILCS 35/2.02) (from Ch. 85, par. 2102.02)

Sec. 2.02. "Director" means the Director of Natural Resources.

(Source: P.A. 89-445, eff. 2-7-96.)

(525 ILCS 35/2.03) (from Ch. 85, par. 2102.03)

Sec. 2.03. "Department" means the Department of Natural Resources.

(Source: P.A. 89-445, eff. 2-7-96.)

(525 ILCS 35/2.04) (from Ch. 85, par. 2102.04)

Sec. 2.04. "Local government" includes counties, townships, municipalities, park districts, conservation districts, forest preserve districts, river conservancy districts and any other unit of local government empowered to expend public funds for the acquisition and development of land for public outdoor park, recreation or conservation purposes.

(Source: P.A. 84-109.)

(525 ILCS 35/2.05) (from Ch. 85, par. 2102.05)

Sec. 2.05. "Project" means a proposal for the acquisition of open space lands or for the capital development of park, recreation or conservation areas by a local government.

(Source: P.A. 84-771.)

(525 ILCS 35/3) (from Ch. 85, par. 2103)

Sec. 3. From appropriations made from the Capital Development Fund, Build Illinois Bond Fund or other available or designated funds for such purposes, the Department shall make grants to local governments as financial assistance for the capital development and improvement of park, recreation or conservation areas, marinas and shorelines, including planning and engineering costs, and for the acquisition of open space lands, including acquisition of easements and other property interests less than fee simple ownership if the Department determines that such property interests are sufficient to carry out the purposes of this Act, subject to the conditions and limitations set forth in this Act.

No more than 10% of the amount so appropriated for any fiscal year may be committed or expended on any one project described in an application under this Act.

Except for grants awarded from new appropriations in fiscal years 2023 through fiscal year 2025, any grant under this Act to a local government shall be conditioned upon the state providing assistance on a 50/50 matching basis for the acquisition of open space lands and for capital development and improvement proposals. However, a local government defined as "distressed" under criteria adopted by the Department through administrative rule shall be eligible for assistance up to 90% for the acquisition of open space lands and for capital development and improvement proposals, provided that no more than 10% of the amount appropriated under this Act in any fiscal year is made available as grants to distressed local governments. For grants awarded from new appropriations in fiscal years 2023 through fiscal year 2025 only, a local government defined as "distressed" is eligible for assistance up to 100% for the acquisition of open space lands and for capital development and improvement proposals. The Department may make more than 10% of the amount appropriated in fiscal years 2023 through fiscal year 2025 available as grants to distressed local governments.

An advance payment of a minimum of 50% of any grant made to a unit of local government under this Act must be paid to the unit of local government at the time the Department awards the grant. A unit of local government may opt out of the advanced payment option at the time of the award of the grant. The remainder of the grant shall be distributed to the local government quarterly on a reimbursement basis. The Department shall consider an applicant's request for an extension to a grant under this Act if (i) the advanced payment is expended or legally obligated within the 2 years required by Section 5 of the Illinois Grant Funds Recovery Act or (ii) no advanced payment was made.

(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22; 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)

(525 ILCS 35/4) (from Ch. 85, par. 2104)

Sec. 4. Any local government may apply to the Department for a grant under this Act. An application must be in writing and contain a narrative description of the project, the legal description of the open lands to be acquired or used for the capital development project, a current appraisal showing the fair market value of those lands to be acquired, the project cost, identification of a source of continuous funding sufficient to maintain the new facilities to be created by capital development, the amount of the project cost the applicant proposes to provide and such other information as the Department reasonably requires.

(Source: P.A. 84-109.)

(525 ILCS 35/5) (from Ch. 85, par. 2105)

Sec. 5. In considering applications for grants under this Act, the Department shall give priority to projects which will provide the greatest benefit to the residents of the areas of the State which have the highest concentration or density of population, which are based upon criteria established by the Department which reflect outdoor recreation needs and priorities identified through the Statewide Comprehensive Outdoor Recreation Plan (SCORP) Program carried out by the Department, or which are located in flood plain areas.

The total amount of grants made for any fiscal year may not exceed the amount of the appropriation for grants made for that fiscal year.

(Source: P.A. 84-109.)

(525 ILCS 35/6) (from Ch. 85, par. 2106)

Sec. 6. The Department shall consider all applications for grants for a fiscal year before awarding any grants for that year. No consideration shall be given for that fiscal year to an application that has not been timely filed. If an application does not describe a project that is compatible with the purposes of this Act, the Department shall deny that application. The Department shall evaluate those applications that have been timely filed and have been approved as being compatible with the purposes of this Act and, subject to the limits established by Section 3, list in order of priority the applicant, project and dollar amount of each grant recommended to be awarded. The Department shall also indicate on the priority listing of approved projects the last grant which may be paid during that fiscal year because of the limit of moneys appropriated for grants for that fiscal year.

(Source: P.A. 84-109.)

(525 ILCS 35/7) (from Ch. 85, par. 2107)

Sec. 7. Within 30 days after completing its consideration of applications for grants for a fiscal year, the Department shall notify each applicant of the disposition made of its application. The Department shall, in addition, direct the payment of grants to those applicants whose projects have been approved and have been assigned a priority within the limits of the amounts appropriated for grants for that fiscal year.

(Source: P.A. 84-109.)

(525 ILCS 35/9) (from Ch. 85, par. 2109)

Sec. 9. The Department shall promulgate rules and regulations to effectuate the purposes of this Act.

(Source: P.A. 84-109.)

(525 ILCS 35/10) (from Ch. 85, par. 2110)

Sec. 10. This Act takes effect July 1, 1973 or upon becoming a law, whichever is later.

(Source: P.A. 78-938.)

(525 ILCS 35/11) (from Ch. 85, par. 2111)

Sec. 11. Progress reports on the implementation and development of this Act shall be filed annually with the Governor and the General Assembly. Such reports shall include a statement of goals and objectives and such quantifiable support documentation as expenditures, allocation of funds by location, including such performance and measurement criteria sufficient to enable the General Assembly to properly evaluate and review program effectiveness.

(Source: P.A. 84-109.)

(525 ILCS 35/11.1)

Sec. 11.1. Distressed Local Government Report. No later than March 31, 2025, the Department shall prepare and submit a report to the General Assembly evaluating distressed local governments that received grants under this Act in Fiscal Years 2023, 2024, and 2025. The report shall include the following, at a minimum:

(1) a list of the local governments that applied for grants in each fiscal year;

(2) a list of the local governments awarded grants and the amount awarded;

(3) each grant recipient's total budget;

(4) each grant recipient's population;

(5) a description of whether the grant recipient previously received a grant under this Act and, if so, the number of times and whether the local government provided a 50/50 or 90/10 match;

(6) a description of whether the project was in a location designated as a disadvantaged community on the Climate and Economic Justice Screening Tool created by the Chair of the Council on Environmental Quality under subsection (a) of Section 222 of Presidential Executive Order 14008 "Tackling the Climate Crisis at Home and Abroad"; and

(7) a description of the Department's criteria for waiving the matching criteria for distressed local government grant recipients in fiscal year 2025 that demonstrated their inability to provide any local match.

(Source: P.A. 103-588, eff. 7-1-24.)

(525 ILCS 35/13) (from Ch. 85, par. 2113)

Sec. 13. There is hereby created in the State Treasury the Open Space Lands Acquisition and Development Fund. The fund shall be used by the Department to make grants to local governments in the manner and for the purposes described in Section 3.

(Source: P.A. 86-925.)

(525 ILCS 35/14) (from Ch. 85, par. 2114)

Sec. 14. There is hereby created in the State Treasury the Natural Areas Acquisition Fund. The fund shall be used by the Department for the acquisition, preservation and stewardship of natural areas, including habitats for endangered and threatened species, high quality natural communities, wetlands, and other areas with unique or unusual natural heritage qualities.

(Source: P.A. 86-925.)