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91_HB3558eng HB3558 Engrossed LRB9111592JMmbA 1 AN ACT to amend the Abandoned Mined Lands and Water 2 Reclamation Act by changing Section 2.11. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Abandoned Mined Lands and Water 6 Reclamation Act is amended by changing Section 2.11 as 7 follows: 8 (20 ILCS 1920/2.11) (from Ch. 96 1/2, par. 8002.11) 9 Sec. 2.11. Non-coal reclamation. 10 (a) It is hereby declared that open and abandoned 11 tunnels, shafts, and entryways and abandoned and 12 deteriorating equipment, structures, and facilities resulting 13 from any previous non-coal mining operations constitute a 14 hazard to the public health and safety. The Department is 15 authorized and empowered to fill or seal such abandoned 16 tunnels, shafts, and entryways and remove equipment, 17 structures, and facilities which it determines could endanger 18 life and property and constitute a hazard to the public 19 health and safety. 20 (b) The Department may make expenditures and carry out 21 the purposes of this Section for lands mined for substances 22 other than coal; provided, however, that annual expenditures 23 for non-coal reclamation do not exceed 2% of the Department's 24 annual budget for mine land reclamation through August 31, 25 1999; and provided further, that all obligations for such 26 expenditures shall be made by August 31, 20011999. Except 27 for those non-coal reclamation projects relating to the 28 protection of the public health or safety which shall be 29 accorded a high priority, non-coal reclamation expenditures 30 shall be made only after all reclamation with respect to 31 abandoned coal lands or coal development impacts has been HB3558 Engrossed -2- LRB9111592JMmbA 1 accomplished. 2 (c) In those instances where coal mine waste piles are 3 being reworked for conservation purposes, the Department may 4 make additional incremental expenditures to dispose of the 5 wastes from such operations by filling voids and sealing 6 tunnels if the disposal of these wastes is in accordance with 7 the purposes of this Section. 8 (d) The Department shall acquire, by purchase, exchange, 9 gifts, condemnation or otherwise, the fee simple title or any 10 lesser interest in and to such land rights or other property 11 as the Department considers necessary to carry out the 12 provisions of this Section. Transfers and dispositions of 13 such land shall be made in the same manner as prescribed by 14 Section 2.07 of this Act. 15 (e) Consistent with this Section, the Department may 16 enter and reclaim abandoned non-coal mined lands in the same 17 manner as prescribed in Section 2.04 of this Act. 18 (Source: P.A. 88-185; 89-445, eff. 2-7-96.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.