615 ILCS 105/ Hennepin Canal Parkway State Park Act.

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615 ILCS 105/0.01

(615 ILCS 105/0.01) (from Ch. 105, par. 482.9)

Sec. 0.01.

Short title.

This Act may be cited as the Hennepin Canal Parkway State Park Act.

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

615 ILCS 105/1

(615 ILCS 105/1) (from Ch. 105, par. 482a)

Sec. 1.

Cooperation with federal authorities.

The Department of
Natural Resources, subject to the approval of the Governor, is authorized to
enter into agreements with the duly authorized representatives of the United
States for the accomplishment by the United States of the following purposes:

(a) The acquisition by the United States of the fee simple title, or such
lesser title or interest in specific tracts which shall be determined and
mutually agreed upon in writing by the United States and the Department of
Natural Resources to be sufficient to effectuate the purpose and intent of
this Act and approved by the Attorney General prior to acquisition by the
United States, in and to the lands in the lake (known as Sinnissippi Lake)
created by the Government dam constructed across Rock River between
Sterling and Rock Falls, Illinois, and over which the United States now has
flowage rights or easements, and in and to all other lands upon which the
United States has rights or easements used for the purpose of and
appurtenant to the operation of the Federal project known as the Hennepin
Canal (which lake, canals, and appurtenances thereto are referred to
collectively in this Act as the Canal); the title to be acquired subject to
the continuing right of access to Sinnissippi Lake by the riparian owners
whose lands adjoin and abut the Lake;

(b) To repair and modify the Canal in order to place the same in proper
condition for public recreational use other than through-navigation; and

(c) To convey and transfer to this State the property of the Canal and
appurtenances thereto.

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

615 ILCS 105/2

(615 ILCS 105/2) (from Ch. 105, par. 482b)

Sec. 2.

Transfer of railroad bridges.

(a) The Department of Natural Resources hereby is authorized, at any time
before the acceptance of title to the Canal as provided in Section 3 of
this Act, to enter into an agreement with any corporation owning a
railroad which crosses a bridge over the Canal, providing for (1) a request
by both parties to the Secretary of the Army for a conveyance to the said
corporation of all right, title, and interest of the United States in and
to such bridge; (2) a further request (at the discretion of said
corporation) by both parties to the Secretary of the Army, for permission
to said corporation to replace such bridge with a land fill, making
adequate provision for culverts and other structures allowing passage of
the waters of the Canal and necessary drainage, and for right-of-way for
necessary and appropriate road crossings; (3) the assumption by said
corporation, upon delivery of such conveyance, of all obligation to
maintain said bridge and any land fill which may replace the same, and any
culverts or other structures and road crossings appurtenant to such fill;
and (4) an agreement by said corporation to hold the United States and the
State safe and harmless from any and all claims arising out of the
construction, reconstruction, repair, and maintenance of such bridge, land
fill, culverts or other structures, and road crossings.

(b) The Department of Natural Resources further is authorized, after the
acceptance of title to the Canal as provided in Section 3 of this Act, to
enter into an agreement with any corporation owning a railroad which
crosses a bridge over the Canal and which corporation has not obtained
title to such bridge as provided in Subsection (a) of this Section, which
agreement shall provide for (1) the conveyance to the said corporation of
all right, title, and interest of the State in and to such bridge; (2) the
replacement (at the discretion of the said corporation) of such bridge with
a land fill, making adequate provision for culverts and other structures
allowing passage of the waters of the Canal and for necessary drainage, and
for rights-of-way for necessary and appropriate road crossings; (3) the
assumption by said corporation of all obligation to maintain the said
bridge and any land fill which may replace the same, and any culverts or
other structures and road crossings appurtenant to such fill; and (4) an
agreement by said corporation to hold the State safe and harmless from any
and all claims arising out of the construction, reconstruction, repair, and
maintenance of such bridge, land fill, culverts or other structures, and
road crossings.

(c) The Department of Natural Resources is authorized
to execute, on behalf of the State, all conveyances and other documents
necessary and appropriate to accomplish the purposes of this Section.

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

615 ILCS 105/3

(615 ILCS 105/3) (from Ch. 105, par. 482c)

Sec. 3.

The Department of Natural Resources further is authorized and
directed, upon the accomplishment by the United States of the purposes
specified in Section 1 of this Act, to accept, with the approval of the
Attorney General, on behalf of the State a quitclaim deed from the United
States, in fee simple absolute, or such lesser title acquired pursuant to
Section 1 of this Act, for the property of the Canal, and similarly to accept
all other documents which may be necessary and appropriate to transfer to the
State all right, title, and interest of the United States in and to the Canal.

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

615 ILCS 105/4

(615 ILCS 105/4) (from Ch. 105, par. 482d)

Sec. 4.

Administration as State Park.

Upon the acceptance of title to the
Canal as aforesaid, the Canal shall
become a State Park, under the care, control, supervision, and management
of the Department of Natural Resources as provided by the
laws of this State concerning the State park system, except that (a) each
bridge which connects sections of a road which is part of the system of State
highways, and any approach to such a bridge, shall become part of such system
of State highways; (b) each other public road section or bridge, unless
designated by the Department of Natural Resources as an
access road or driveway of the Park, shall be maintained by the governmental
unit which maintains the road of which such section or bridge is a part; and
(c) the Department of Natural Resources shall control,
operate, and maintain all dams and other structures and facilities
which regulate or pertain to the regulation of the water levels in the several
pools of the Park, and shall construct, reconstruct, repair, maintain, and
operate such dams and other structures and facilities in such manner as will
best promote the public recreational use of the Park.

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

615 ILCS 105/5

(615 ILCS 105/5) (from Ch. 105, par. 482e)

Sec. 5.

Rock Falls Dam.

The Department of Natural Resources is
authorized to lease, in whole or in part, to the City of Rock Falls or
its successors or assigns, for a period not to exceed 60 years, the Rock Falls
Dam at Sterling Rock Falls, Illinois, and the necessary State owned land,
surplus waters and appurtenances for hydropower development.
All such leased property shall be deemed a part of the electric system of
the City of Rock Falls, Illinois, and the City is hereby expressly
authorized in connection therewith to acquire, construct, own, operate and
maintain without its corporate limits electric generating facilities and
appurtenances at or near the Rock Falls Dam.  All revenue received
from such leases shall be deposited in the State Treasury in the special fund
known as the State Parks Fund and shall be used only for those purposes
described in Section 8.11 of the State Finance
Act.

(Source: P.A. 90-14, eff. 7-1-97.)