(20 ILCS 3420/3)
(from Ch. 127, par. 133c23)
(a) "Director" means the Director of Natural Resources, or his or her designee.
(b) "Agency" shall have the same meaning as in Section 1-20 of
the Illinois Administrative Procedure Act, and shall specifically include
all agencies and entities made subject to such Act by any State statute.
(c) "Historic resource" means any property which is either publicly or
privately held and which:
(1) is listed in the National Register of Historic
Places (hereafter "National Register");
(2) has been formally determined by the Director to
be eligible for listing in the National Register as defined in Section 106 of Title 16 of the United States Code;
(3) has been nominated by the Director and the
Illinois Historic Sites Advisory Council for listing in the National Register;
(4) meets one or more criteria for listing in the
National Register, as determined by the Director; or
(d) "Adverse effect" means:
(1) destruction or alteration of all or part of an
(2) isolation or alteration of the surrounding
environment of an historic resource;
(3) introduction of visual, audible, or atmospheric
elements which are out of character with an historic resource or which alter its setting;
(4) neglect or improper utilization of an historic
resource which results in its deterioration or destruction; or
(5) transfer or sale of an historic resource to any
public or private entity without the inclusion of adequate conditions or restrictions regarding preservation, maintenance, or use.
(e) "Comment" means the written finding by the Director of the effect of
a State undertaking on an historic resource.
(f) "Undertaking" means any project, activity, or program that can
result in changes in the character or use of historic property, if any
historic property is located in the area of potential effects. The
project, activity or program shall be under the direct or indirect
jurisdiction of a State agency or licensed or assisted by a State agency.
An undertaking includes, but is not limited to, action which is:
(1) directly undertaken by a State agency;
(2) supported in whole or in part through State
contracts, grants, subsidies, loan guarantees, or any other form of direct or indirect funding assistance; or
(3) carried out pursuant to a State lease, permit,
license, certificate, approval, or other form of entitlement or permission.
(g) "Committee" means the Historic Preservation Mediation Committee.
(h) "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account economic,
environmental, social, and technological factors.
(i) "Private undertaking" means any undertaking that does not receive
public funding or is not on public lands.
(j) "High probability area" means any occurrence of Cahokia Alluvium,
Carmi Member of the Equality Formation, Grayslake Peat, Parkland Sand,
Peyton Colluvium, the Batavia Member of the Henry Formation, or the
Mackinaw Member, as mapped by Lineback et al. (1979) at a scale of
1-500,000 within permanent stream floodplains and including:
(1) 500 yards of the adjoining bluffline crest of the
Fox, Illinois, Kankakee, Kaskaskia, Mississippi, Ohio, Rock and Wabash Rivers and 300 yards of the adjoining bluffline crest of all other rivers or
(2) a 500 yard wide area along the shore of Lake
Michigan abutting the high water mark.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3420/4)
(from Ch. 127, par. 133c24)
State agency undertakings.
(a) As early in the planning process as may be practicable and prior to
the approval of the final design or plan of any undertaking by a State
agency, or prior to the funding of any undertaking by a State agency, or
prior to an action of approval or entitlement of any private undertaking by
a State agency, written notice of the project shall be given to the
Director either by the State agency or the recipients of its funds, permits
or licenses. The State agency shall consult with the Director to determine
the documentation requirements necessary for identification and treatment
of historic resources. For the purposes of identification and evaluation
of historic resources, the Director may require archaeological and historic
investigations. Responsibility for notice and documentation may be
delegated by the State agency to a local or private designee.
(b) Within 30 days after receipt of complete and correct documentation
of a proposed undertaking, the Director shall review and comment to the
agency on the likelihood that the undertaking will have an adverse effect
on a historic resource. In the case of a private undertaking, the
Director shall, not later than 30 days following the receipt of an
application with complete documentation of the undertaking, either approve
that application allowing the undertaking to proceed or tender to the
applicant a written statement setting forth the reasons for the
requirement of an archaeological investigation. If there is no action
within 30 days after the filing of the application with the complete
documentation of the undertaking, the applicant may deem the application
approved and may proceed with the undertaking. Thereafter, all
requirements for archaeological investigations are waived under this Act.
(c) If the Director finds that an undertaking will adversely affect an
historic resource or is inconsistent with agency policies, the State agency
shall consult with the Director and shall discuss alternatives to the proposed
undertaking which could eliminate, minimize, or mitigate its adverse effect.
During the consultation process, the State agency shall explore
all feasible and prudent plans which eliminate, minimize, or mitigate
adverse effects on historic resources. Grantees, permittees, licensees, or
other parties in interest and representatives of national, State, and local
units of government and public and private organizations may participate
in the consultation process. The process may involve on-site inspections and
public informational meetings pursuant to regulations issued by the Department of Natural Resources.
(d) The State agency and the Director may agree that there is a feasible
and prudent alternative which eliminates, minimizes, or mitigates the
adverse effect of the undertaking. Upon such agreement, or if the State
agency and the Director agree that there are no feasible and prudent
alternatives which eliminate, minimize, or mitigate the adverse effect, the
Director shall prepare a Memorandum of Agreement describing the
alternatives or stating the finding. The State agency may proceed with the
undertaking once a Memorandum of Agreement has been signed by both the
State agency and the Director.
(e) After the consultation process, the Director and the State agency
may fail to agree on the existence of a feasible and prudent alternative
which would eliminate, minimize, or mitigate the adverse effect of the
undertaking on the historic resource. If no agreement is reached, the agency
shall call a public meeting in the county where the undertaking is proposed
within 60 days. If, within 14 days following conclusion of the public
meeting, the State agency and the Director fail to agree on a feasible and
prudent alternative, the proposed undertaking, with supporting
documentation, shall be submitted to the Historic Preservation
Mediation Committee. The document shall be sufficient to identify each
alternative considered by the Agency and the Director during the
consultation process and the reason for its rejection.
(f) The Mediation Committee shall consist of the Director and 5 persons
appointed by the Director for terms of 3 years each, each of whom shall be
no lower in rank than a division chief and each of whom shall represent a
different State agency. An agency that is a party to mediation shall be
notified of all hearings and deliberations and shall have the right to
participate in deliberations as a non-voting member of the Committee.
Within 30 days after submission of the proposed undertaking, the Committee
shall meet with the Director and the submitting agency to review each
alternative considered by the State agency and the Director and to evaluate
the existence of a feasible and prudent alternative. In the event that the
Director and the submitting agency continue to disagree, the Committee
shall provide a statement of findings or comments setting forth an
alternative to the proposed undertaking or stating the finding that there
is no feasible or prudent alternative. The State agency shall consider the
written comments of the Committee and shall respond in writing to the
Committee before proceeding with the undertaking.
(g) When an undertaking is being reviewed pursuant to Section 106 of the
National Historic Preservation Act of 1966, the procedures of this law
shall not apply and any review or comment by the Director on such undertaking
shall be within the framework or procedures of the federal law. This subsection shall not prevent the Department of Natural Resources from entering into an agreement with the Advisory
Council on Historic Preservation pursuant to Section 106 of the National
Historic Preservation Act to substitute this Act and its procedures for
procedures set forth in Council regulations found in 36 C.F.R. Part 800.7.
A State undertaking that is necessary to prevent an immediate and
imminent threat to life or property shall be exempt from the requirements
of this Act. Where possible, the Director shall be consulted in the
determination of the exemption. In all cases, the agency shall provide the
Director with a statement of the reasons for the exemption and shall have
an opportunity to comment on the exemption. The statement and the comments
of the Director shall be included in the annual report of the Department of Natural Resources as a guide to future actions. The provisions of this
Act do not apply to undertakings pursuant to the Illinois Oil and Gas Act,
the Surface-Mined Land Conservation and Reclamation Act and the Surface
Coal Mining Land Conservation and Reclamation Act.
(Source: P.A. 100-695, eff. 8-3-18.)
(20 ILCS 3420/5)
(from Ch. 127, par. 133c25)
Responsibilities of the Department of Natural Resources,
Division of Historic Preservation.
(a) The Director shall include in the Department's
annual report an outline of State agency actions on which comment
was requested or issued under this Act.
(b) The Director shall maintain a current list of all historic resources
owned, operated, or leased by the State and appropriate maps indicating the
location of all such resources. These maps shall be in a form available to
the public and State agencies, except that the location of archaeological
resources shall be excluded.
(c) The Director shall make rules and issue appropriate guidelines to
implement this Act. These shall include, but not be limited to,
regulations for holding on-site inspections, public information meetings
and procedures for consultation, mediation, and resolutions by the
Committee pursuant to subsections (e) and (f) of Section 4.
(d) The Director shall (1) assist, to the fullest extent possible, the
State agencies in their identification of properties for inclusion in an
inventory of historic resources, including provision of criteria for
evaluation; (2) provide information concerning professional methods and
techniques for preserving, improving, restoring, and maintaining historic
resources when requested by State agencies; and (3) help facilitate State
agency compliance with this Act.
(e) The Director shall monitor the implementation of actions of each
State agency which have an effect, either adverse or beneficial, on an
(f) The Department of Natural Resources shall manage and control the preservation, conservation,
and analysis of fine and decorative arts, furnishings, and artifacts of the
Mansion in Springfield, the Governor's offices in the Capitol in Springfield
and the James
R. Thompson Center in Chicago, and the Hayes House in DuQuoin.
The Department of Natural Resources shall manage the preservation and conservation of the
grounds of the Illinois Executive Mansion in Springfield.
The Governor shall appoint a
of the Executive Mansion, with the advice and consent of the Senate, to assist
the Department of Natural Resources in
out the duties under this item (f).
appointed Curator must have experience in historic preservation or as a
The Curator shall serve at the pleasure of the Governor.
The Governor shall determine the compensation of the Curator, which shall not
be diminished during the term of appointment.
(Source: P.A. 100-695, eff. 8-3-18.)