20 ILCS 1920/ Abandoned Mined Lands and Water Reclamation Act.

(20 ILCS 1920/Art. I heading) ARTICLE I: GENERAL PROVISIONS

(20 ILCS 1920/1.01) (from Ch. 96 1/2, par. 8001.01)

Sec. 1.01. Short Title. This Act may be cited as the Abandoned Mined Lands and Water Reclamation Act.

(Source: P.A. 86-1475.)

(20 ILCS 1920/1.02) (from Ch. 96 1/2, par. 8001.02)

Sec. 1.02. Legislative Declaration. (a) It is the policy of this State to provide for the conservation and reclamation of lands and water affected by mining which have been abandoned, in order to restore these abandoned lands and waters to such productive use, in accordance with this State's conservation and land reclamation policies, as will aid in maintaining or improving the property tax base, protect the health, safety and general welfare of the people, promote the natural beauty and aesthetic values of this State and enhance the environment, and correct and prevent soil erosion, stream pollution, water, air and land pollution, and other injurious effects to persons, property, wildlife and natural resources.

(b) It is the purpose of this Act to implement these policies in a way which satisfies the requirements of the federal Surface Mining Control and Reclamation Act of 1977, P. L. 95-87, as amended, and which makes this State eligible for funds for reclamation of abandoned lands and waters under that Act.

(Source: P.A. 81-1020.)

(20 ILCS 1920/1.03) (from Ch. 96 1/2, par. 8001.03)

Sec. 1.03. Definitions. As used in this Act, unless the context otherwise requires:

(1) "Abandoned lands" means any land and water which were mined for coal or which were affected by such mining, wastebanks, coal processing, or other coal mining processes, and abandoned or left in an inadequate reclamation status prior to August 3, 1977, and for which there is no continuing reclamation responsibility under State or Federal laws. "Abandoned lands" also means, in the appropriate context, lands and water eligible for reclamation under Section 2.11 and Section 2.13 of this Act.

(2) "Department" means the Department of Natural Resources, successor to the Abandoned Mined Lands Reclamation Council as provided in the Department of Natural Resources Act.

(3) "Federal Act" means the Federal Surface Mining Control and Reclamation Act of 1977 (Public Law 95-87).

(4) "Person" means an individual, partnership, co-partnership, firm, joint venture, company, corporation, association, joint stock company, trust, estate, political subdivision, or any other public or private legal entity, or their legal representative, agent or assigns.

(5) "Reclamation" means the restoration of abandoned lands and waters to constructive uses, including, but not limited to forests, grasses and legumes, row crops, wildlife and aquatic reserves and recreational, residential and industrial sites, and abatement, control or prevention of adverse effects of coal mining.

(6) "Section" means a Section of this Act.

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

(20 ILCS 1920/1.04) (from Ch. 96 1/2, par. 8001.04)

Sec. 1.04. (Repealed).

(Source: P.A. 88-553. Repealed by P.A. 89-445, eff. 2-7-96.)

(20 ILCS 1920/1.05) (from Ch. 96 1/2, par. 8001.05)

Sec. 1.05. Creation of Program. The Department shall administer a program for the reclamation of abandoned lands and waters in accordance with this Act. The program shall be administered to provide the most effective use in this State of abandoned mine reclamation funds under the Federal Act.

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

(20 ILCS 1920/Art. II heading) ARTICLE II: RECLAMATION OF LANDS

(20 ILCS 1920/2.01) (from Ch. 96 1/2, par. 8002.01)

Sec. 2.01. Designation of Lands. The Department shall designate abandoned lands to be reclaimed in accordance with this Act, and shall determine which lands shall be acquired by the Department for the purpose of this Act. The Department shall by rule establish criteria for the designation of abandoned lands for reclamation and acquisition.

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

(20 ILCS 1920/2.02) (from Ch. 96 1/2, par. 8002.02)

Sec. 2.02. Manner of reclamation.

(a) The Department shall determine the manner of reclamation of designated abandoned lands, and shall make recommendations as to the use of those lands after reclamation.

(b) The Department may by rule provide for the filling of voids and sealing of tunnels, shafts and entryways, and reclamation of the surface impacts of underground or surface mines.

(Source: P.A. 100-1099, eff. 1-1-19.)

(20 ILCS 1920/2.03) (from Ch. 96 1/2, par. 8002.03)

Sec. 2.03. Priorities.

(a) Expenditures of moneys on abandoned lands for the purposes of this Article shall reflect the following priorities in the order stated:

(1) the protection of public health, safety, and property from extreme danger of adverse effects of coal mining practices or the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and are adjacent to a site that has been or will be remediated under this subparagraph (1);

(2) the protection of public health and safety from adverse effects of coal mining practices or the restoration of land and water resources and the environment that have been degraded by the adverse effects of coal mining practices and are adjacent to a site that has been or will be remediated under this subparagraph (2);

(3) the restoration of land and water resources and the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity;

(4) (blank);

(5) (blank);

(6) (blank).

(b) The Department may by rule establish additional criteria, including but not limited to:

(1) the financial ability of the landowners to abate pollution;

(2) the potential economic value of the land under private ownership subsequent to reclamation;

(3) the potential value of the land in the public domain for conservation, open space and recreation purposes subsequent to reclamation;

(4) the proximity of abandoned lands to municipalities, residential areas, and public facilities such as water supplies, parks and recreational areas.

Such additional criteria shall be applied in a manner consistent with the priorities in subsection (a) of this Section.

(Source: P.A. 100-1099, eff. 1-1-19.)

(20 ILCS 1920/2.04) (from Ch. 96 1/2, par. 8002.04)

Sec. 2.04. Reclamation.

(a) The Department or such agency or department of State government as the Department may designate pursuant to subsection (d) of Section 3.05 may enter and reclaim abandoned lands under this Section if the Department finds that:

(1) land or water resources have been adversely affected by past coal mining practices; and

(2) the adverse effects are at a stage where, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and

(3) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or the owners will not give permission for the United States, the States, political subdivisions, their agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.

(b) After (1) the findings required by subsection (a) of this Section have been made, and (2) giving notice by mail return receipt requested to the owners if known or if not known by posting notice upon the premises and advertising once in a newspaper of general circulation in the municipality in which the land lies, the Department or such agency or department of State government as the Department may designate pursuant to subsection (d) of Section 3.05 shall have the right to enter on the property adversely affected by past mining practices and any other property to have access to such property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects.

(c) The moneys expended for such work and the benefits accruing to any such premises so entered upon shall be chargeable against such land and shall mitigate or offset any claim in or any action brought by any owner of any interest in such premises for any alleged damage by virtue of such entry. This provision is not intended to create new rights of action or eliminate existing immunities.

(d) Entry under this Section shall be construed as an exercise of the police power for the protection of public health and safety and shall not be construed as an act of condemnation of property nor trespass thereon.

(Source: P.A. 100-1099, eff. 1-1-19.)

(20 ILCS 1920/2.05) (from Ch. 96 1/2, par. 8002.05)

Sec. 2.05. Studies and exploration.

(a) The Department or such agency or department of State government as the Department may designate pursuant to subsection (d) of Section 3.05 shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of such adverse effects.

(b) Entry under this Section shall be construed as an exercise of the police power for the protection of public health and safety and shall not be construed as an Act of condemnation of property nor trespass thereon.

(Source: P.A. 100-1099, eff. 1-1-19.)

(20 ILCS 1920/2.06) (from Ch. 96 1/2, par. 8002.06)

Sec. 2.06. Land Acquisition.

(a) The Department shall acquire by purchase, exchange, gift, condemnation, or otherwise, the fee simple title or any lesser interest in and to such land, rights or other property as the Department considers necessary for the reclamation of abandoned lands.

(b) Title to all lands acquired pursuant to this Section shall be in the name of the State. The price paid for land acquired under this Section shall reflect the market value of the land as adversely affected by past mining practices.

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

(20 ILCS 1920/2.07) (from Ch. 96 1/2, par. 8002.07)

Sec. 2.07. Transfers and Dispositions.

(a) Land acquired pursuant to this Act may, with the approval of the Department, be sold in accordance with procedures and standards adopted by the Department by rule. Such rules shall prescribe the purposes for which such land may be sold. Such rules may provide for public sale of one or more categories of lands at public sale under a system of competitive bidding at not less than market value, and shall provide for such sales to the extent required under the Federal Act.

(b) The Department may transfer administrative responsibility for land acquired to any agency or department of State government or to any political subdivision of the State with or without cost to such agency, department or political subdivision. The agreement under which a transfer is made shall specify: (1) the purposes for which the land may be used consistent with the authorization under which the land was acquired; and (2) that the administrative responsibility for the land will revert to the Department, if at any time in the future, the land is not used for the purposes specified.

(c) If the Department determines that any reclaimed lands will not be retained by the State, the Department shall notify the corporate authorities of the municipality in which any of the reclaimed lands are located and the county clerk of the respective county that those lands may be transferred to one or more of such local governments who have complied with this Section. In order to comply with this Section, the corporate authorities of such unit of local government must adopt by resolution, within 60 days after receipt of the notice from the Department, a statement of its intent to submit a plan for the use of such lands and submit such plan within 120 days of receipt of the notice. Two or more of the units may agree to prepare and submit a joint plan with respect to such lands. With the approval of the Department, the plan may be amended after it is submitted. If the Department approves a plan submitted under this paragraph, the Department shall transfer administrative authority and when appropriate, title for the affected lands to the unit or units of local government submitting the plan.

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

(20 ILCS 1920/2.08) (from Ch. 96 1/2, par. 8002.08)

Sec. 2.08. Special reclamation programs.

(a) In addition to the authority to acquire land under Section 2.06, the Department may use funds provided under the Federal Act to acquire land by purchase, donation, or condemnation, to reclaim such acquired land and retain the land or transfer title to it to a political subdivision or to any person, firm, association, or corporation, if the Department determines that such is an integral and necessary element of an economically feasible plan for the project to construct or rehabilitate housing for persons who have a disability as the result of employment in the mines or work incidental thereto, persons displaced by acquisition of land under Section 2.06, or persons dislocated as the result of adverse effects of mining practices which constitute an emergency as provided in the Federal Act or persons dislocated as the result of natural disasters or catastrophic failures from any cause. No part of the funds provided under this Section may be used to pay the actual construction costs of housing.

(b) Use of funds under this Section shall be subject to requirements under the Federal Act with respect to such projects.

(Source: P.A. 99-143, eff. 7-27-15.)

(20 ILCS 1920/2.09) (from Ch. 96 1/2, par. 8002.09)

Sec. 2.09. Liens.

(a) Within 6 months after the completion of projects to restore, reclaim, abate, control, or prevent adverse effects of past coal mining practices on privately owned land under this Article, the Department shall itemize the moneys so expended and may file a statement thereof in the office of the county in which the land lies which has the responsibility under local law for the recording of judgments against land, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of adverse effects of past mining practices if the moneys so expended shall result in a significant increase in property value. Such statement shall constitute a lien upon the land. The lien shall not exceed the amount determined by appraisal to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.

(b) No lien shall be filed under this Section against the property of any person who neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation performed hereunder.

(c) The landowner may proceed as provided by law to petition within 60 days of the filing of the lien, to determine the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices. The amount reported to be the increase in value of the premises shall constitute the amount of the lien and shall be recorded with the statement provided in this Section. Any party aggrieved by the decision may seek appropriate judicial relief at the Circuit Court.

(d) The lien provided in this Section shall be entered in the county office in which the land lies and which has responsibility under local law for the recording of judgments against land. Such statement shall constitute a lien upon the said land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon said land or such lesser priority as may be permitted or required by the Federal Act or regulations thereunder. The statement shall state the priority claimed for such lien.

To the extent that it is consistent with the Federal Surface Mining Control and Reclamation Act of 1977, Public Law 95-87, as amended, the Department shall provide by rule for the accumulation of interest on the amount secured by the lien.

(Source: P.A. 100-1099, eff. 1-1-19.)

(20 ILCS 1920/2.10) (from Ch. 96 1/2, par. 8002.10)

Sec. 2.10. Hearings and public participation.

(a) Prior to disposition of lands, the Department or such agency or department of State government as the Department may designate pursuant to subsection (d) of Section 3.05, when requested after appropriate public notice shall hold a public hearing, with the appropriate notice, in the county or counties or the appropriate subdivisions of the State in which lands acquired pursuant to Section 2.06 are located. The hearings shall be held at a time which shall afford local citizens and governments the maximum opportunity to participate in the decision concerning the use or disposition of the lands after restoration, reclamation, abatement, control or prevention of the adverse effects of past coal mining practices. The Department or designated agency or department of State government may hold such other hearings as it deems necessary in connection with the designation, acquisition, disposition or reclamation of abandoned lands.

(b) The Department shall by rule provide procedures for notice and conduct of hearings under this Section.

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

(20 ILCS 1920/2.11) (from Ch. 96 1/2, par. 8002.11)

Sec. 2.11. Non-coal reclamation.

(a) (Blank).

(b) The Department may make expenditures and carry out the purposes of this Section for lands mined for substances other than coal; provided, however, that those non-coal reclamation projects be accorded a high priority under subsection (a) of paragraph (1) of Section 2.03 and that annual expenditures for non-coal reclamation do not exceed 2% of the Department's annual budget for mine land reclamation. Except for those non-coal reclamation projects relating to the protection of the public health or safety which shall be accorded a high priority, non-coal reclamation expenditures shall be made only after all reclamation with respect to abandoned coal lands or coal development impacts has been accomplished.

(c) In those instances where coal mine waste piles are being reworked for conservation purposes, the Department may make additional incremental expenditures to dispose of the wastes from such operations by filling voids and sealing tunnels if the disposal of these wastes is in accordance with the purposes of this Section.

(d) The Department shall acquire, by purchase, exchange, gifts, condemnation or otherwise, the fee simple title or any lesser interest in and to such land rights or other property as the Department considers necessary to carry out the provisions of this Section. Transfers and dispositions of such land shall be made in the same manner as prescribed by Section 2.07 of this Act.

(e) Consistent with this Section, the Department may enter and reclaim abandoned non-coal mined lands in the same manner as prescribed in Section 2.04 of this Act.

(Source: P.A. 100-1099, eff. 1-1-19.)

(20 ILCS 1920/2.12) (from Ch. 96 1/2, par. 8002.12)

Sec. 2.12. Statement of Reclamation. Following reclamation, the Department shall file a Notice of Reclamation in the office of the Recorder in the county in which the reclaimed land lies. The Notice of Reclamation shall identify the land reclaimed, the adverse effects of past mining on the land, and briefly describe the reclamation. The Notice of Reclamation shall serve as perpetual notice to all concerned that the land has been mined and reclaimed, and provide that further information may be obtained by contacting the Department. This Section shall apply to all lands where reclamation is completed after July 1, 1991.

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

(20 ILCS 1920/2.13) (from Ch. 96 1/2, par. 8002.13)

Sec. 2.13. Interim Program and insolvent surety sites.

(a) The Department is authorized and empowered to enter and perform reclamation or drainage abatement on lands and waters within unreclaimed sites that were mined for coal or were affected by such mining, wastebanks, coal processing, or other coal mining processes and left in an inadequate reclamation status after August 3, 1977, if:

(1) the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on June 1, 1982, and any funds for reclamation or abatement which are available under a bond or other form of financial guarantee, or from any other source, are not sufficient to provide for adequate reclamation or abatement at the site; or

(2) the surface coal mining operation occurred during the period beginning on August 4, 1977, and ending on November 5, 1990, and the surety of the mining operator became insolvent during that period, and as of November 5, 1990, funds immediately available from proceedings relating to the insolvency, or from any financial guarantee or other source, are not sufficient to provide for adequate reclamation or abatement at the site.

(b) In determining which sites to reclaim under this Section, the Department shall follow the priorities stated in parts (1) and (2) of subsection (a) of Section 2.03. The Department shall ensure that the reclamation priority of sites reclaimed under this paragraph is the same or more urgent than the reclamation priority for eligible lands and waters that were abandoned or left in an inadequate reclamation status before August 3, 1977.

(c) The Department may establish by rule whatever additional criteria are necessary to satisfy funding requirements under the federal Act.

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

(20 ILCS 1920/2.14)

Sec. 2.14. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.

(Source: P.A. 94-1055, eff. 1-1-07.)

(20 ILCS 1920/Art. III heading) ARTICLE III: ADMINISTRATION

(20 ILCS 1920/3.01) (from Ch. 96 1/2, par. 8003.01)

Sec. 3.01. Rules. The Department may adopt rules for the administration and enforcement of this Act. Such rules shall be adopted in accordance with the Illinois Administrative Procedure Act.

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

(20 ILCS 1920/3.02) (from Ch. 96 1/2, par. 8003.02)

Sec. 3.02. State reclamation program. The Department may prepare and submit under the Federal Act (1) a State reclamation plan and appropriate amendments, (2) annual project lists and program plans, (3) grant proposals for federal funding, (4) inventories of previous projects, (5) annual and other reports as may be appropriate, and (6) such other applications, certifications or documents as may be required under the Federal Act in connection with reclamation or acquisition of abandoned lands.

(Source: P.A. 91-357, eff. 7-29-99.)

(20 ILCS 1920/3.03) (from Ch. 96 1/2, par. 8003.03)

Sec. 3.03. Enforcement. In addition to any other remedies provided for in this Article, the Department or such agency or department of State government as the Department may designate pursuant to subsection (d) of Section 3.05 may request the Attorney General to bring an action in any court of competent jurisdiction for an injunction to restrain any interference with the exercise of the right to enter or to conduct any work provided in this Article.

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

(20 ILCS 1920/3.04) (from Ch. 96 1/2, par. 8003.04)

Sec. 3.04. Water pollution control.

(a) The Department may set aside up to 30% of each year's allocation of available abandoned mine reclamation funds distributed annually from the State share and historic coal share funds into a separate fund for the abatement of the causes and treatment of the effects of acid mine drainage in a comprehensive manner within qualified hydrologic units affected by coal mining practices. These funds shall be deposited into a special State account and will be used and accounted for in accordance with all applicable State and federal regulations used solely to achieve the priorities stated in Title IV of the federal Surface Mining Control and Reclamation Act of 1977. In this Section, "qualified hydrologic unit" means a hydrologic unit in which the water quality has been significantly affected by acid mine drainage from coal mining practices in a manner that adversely impacts biological resources and that contains land and water that are eligible for protection under Section 1.03 of this Act and includes any of the priorities described in Section 2.03 of this Act.

(b) The Department or such agency or department of State government as the Department may designate pursuant to subsection (d) of Section 3.05 may construct and operate a plant or plants for the control and treatment of water pollution resulting from mine drainage. The extent of this control and treatment may be dependent upon the ultimate use of the water. No control or treatment under this Section shall in any way be less than that required under the Environmental Protection Act. The construction of a plant or plants may include major interceptors and other facilities appurtenant to the plan.

(Source: P.A. 100-1099, eff. 1-1-19.)

(20 ILCS 1920/3.05) (from Ch. 96 1/2, par. 8003.05)

Sec. 3.05. Administration.

(a) The Department shall determine and direct the expenditure of funds under this Article.

(b) The Department shall employ and fix the compensation of a person to direct and manage its responsibilities under this Act.

(c) The Department may contract or enter into cooperative agreement with any person or federal government entity in relation to the reclamation of abandoned land, including but not limited to the furnishing of services, plans, layouts, materials, or any matters of service incidental to the acquisition or disposition of such abandoned land or its reclamation.

(d) The Department may delegate responsibilities to other agencies or departments of State government with the authority and technical expertise to carry out the administrative responsibilities of the Department as provided in this Act, with the consent of such agencies or departments. The Department may contract with any State officer or agency or department of State government to administer responsibilities under this Act as may be deemed necessary and appropriate to provide for effective administration hereof, without unreasonable or unnecessary cost or duplication of effort, and taking into account the need to deliver fair and effective governmental service to the interested public.

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

(20 ILCS 1920/3.06) (from Ch. 96 1/2, par. 8003.06)

Sec. 3.06. Expenditure of appropriated funds. The Department shall determine and direct the expenditure of funds appropriated by the General Assembly for the purposes of this Act.

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

(20 ILCS 1920/3.07) (from Ch. 96 1/2, par. 8003.07)

Sec. 3.07. Repealer. The "Abandoned Mined Lands Reclamation Act", approved February 7, 1975, is repealed.

(Source: P.A. 81-1015.)

(20 ILCS 1920/3.08) (from Ch. 96 1/2, par. 8003.08)

Sec. 3.08. This Act shall take effect on June 1, 1980.

(Source: P.A. 81-1015.)