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Public Act 91-0220
SB1087 Enrolled LRB9102804MWmbB
AN ACT concerning Illinois' open spaces and natural
lands.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Illinois Open Land Trust Act.
Section 5. Policy.
(a) The provision of lands for the conservation of
natural resources and public recreation promote the public
health, prosperity, and general welfare and are proper
responsibilities of State government.
(b) Lands now dedicated to these purposes are not
adequate to protect the quality of life and meet the needs of
an expanding population.
(c) Natural areas, wetlands, forests, prairies, open
spaces, and greenways provide critical habitat for fish and
wildlife and are in need of protection.
(d) The opportunity to acquire lands that are available
and appropriate for these purposes will gradually disappear
as their cost correspondingly increases.
(e) It is desirable to encourage partnerships among
federal, State, and local governments and not-for-profit
corporations for the acquisition of land for conservation and
recreation purposes.
(f) It is necessary and desirable to provide assistance
in the form of grants and loans to units of local government
to acquire lands that have significant conservation and
recreation attributes.
Section 10. Definitions. As used in this Act:
"Conservation and recreation purposes" means activities
that are consistent with the protection and preservation of
open lands, natural areas, wetlands, prairies, forests,
watersheds, resource-rich areas, greenways, and fish and
wildlife habitats, including multiple use such as hunting,
fishing, trapping, and other recreational uses.
"Conservation easement" means a nonpossessory interest in
real property imposing limitations or affirmative obligations
the purposes of which include retaining or protecting
natural, scenic, or open-space values of real property,
assuring its availability for forest, recreational, or
open-space use, protecting natural resources, maintaining or
enhancing air or water quality, or preserving the natural,
historical, architectural, archacological, or cultural
aspects of real property. A conservation easement may be
released at any time by mutual consent of the parties.
"Department" means the Department of Natural Resources.
"Natural area" means an area of land that either retains
or has recovered to a substantial degree its original natural
or primeval character, though it need not be completely
undisturbed, or has floral, faunal, ecological, geological,
or archaeological features of scientific, educational,
scenic, or esthetic interest.
"Open space" means those undeveloped or minimally
developed lands that conserve and protect valuable natural
features or processes.
"Real property" means land, including improvements
existing on the land.
"Units of local government" means counties, townships,
municipalities, park districts, conservation districts,
forest preserve districts, river conservancy districts, and
any other units of local government empowered to expend
public funds for the acquisition and development of land for
public outdoor park, recreation, or conservation purposes.
Section 15. Powers and duties. The Department of
Natural Resources has the following powers and duties:
(a) To develop and administer the Illinois Open Land
Trust program.
(b) To acquire real property, including, but not limited
to, open space and natural areas for conservation and
recreation purposes. The lands shall be held in (i) fee
simple title or (ii) conservation easements for natural
areas, provided that these mechanisms are all voluntary on
the part of the landowners and do not involve the use of
eminent domain.
(c) To make grants to units of local government under
Section 25 of this Act in consultation with the Natural
Resources Advisory Board.
(d) To make loans to units of local government under
Section 30 of this Act in consultation with the Natural
Resources Advisory Board.
(e) To promulgate any rules, regulations, guidelines, and
directives necessary to implement the purposes of this Act.
(f) To execute contracts, grant or loan agreements,
memoranda of understanding, intergovernmental cooperation
agreements, and any other agreements with other State
agencies and units of local government that are necessary to
implement this Act.
(g) To execute contracts, memoranda of understanding,
and any other agreements with not-for-profit corporations
that are consistent with the purpose of this Act.
(h) To accept grants, loans, or appropriations from the
federal government or the State, or any agency or
instrumentality thereof, for the purposes of the Department
under this Act, including to make loans of any funds and to
enter into any agreement with the federal government or the
State, or any agency or instrumentality thereof, in
relationship to the grants, loans, or appropriations.
(i) To establish any interest rates, terms of repayment,
and other terms and conditions regarding loans made pursuant
to this Act that the Department deems necessary or
appropriate to protect the public interest and carry out the
purposes of this Act.
(j) To establish application, eligibility, selection,
notification, contract, and other procedures, rules, or
regulations deemed necessary and appropriate to carry out the
provisions of this Act.
(k) To fix, determine, charge, and collect any premiums,
fees, charges, costs, and expenses, including, without
limitation, any application fees, commitment fees, program
fees, or financing charges from any person in connection with
its activities under this Act.
(l) To report annually to the Governor and the General
Assembly on the progress made in implementing this Act and on
the status of all real property acquired pursuant to the Act.
Section 20. Illinois Open Land Trust Program. The
Department of Natural Resources shall develop and administer
the Illinois Open Land Trust Program. The purpose of the
program is to acquire real property, or conservation
easements for natural areas, from willing sellers for
conservation and recreation purposes. The land shall be
chosen because it will preserve and enhance Illinois' natural
environment, create a system of open spaces and natural
lands, and improve the quality of life and provide recreation
opportunities for citizens of this State now and in the
future.
Section 25. Grant program. From appropriations for
these purposes, the Department may make grants to units of
local government as financial assistance for the acquisition
of open space and natural lands if the Department determines
that the property interests are sufficient to carry out the
purposes of this Act.
The Department shall adopt rules concerning the selection
or grant recipients, amount of grant awards, and eligibility
requirements. The rules must include the following
additional requirements:
(1) No more than $2,000,000 may be awarded to any
grantee for a single project for any fiscal year.
(2) Any grant under this Act must be conditioned
upon the grantee providing a required match as defined by
rule.
(3) Funds may be used only to purchase interests in
land from willing sellers and may not involve the use of
eminent domain.
(4) The Department shall provide for a public
meeting to be conducted by the Natural Resources Advisory
Board prior to grant approval.
(5) All real property acquired with grant funds must
be accessible to the public for conservation and
recreation purposes, unless the Department determines
that public accessibility would be detrimental to the
real property or any associated natural resources.
(6) No real property acquired with grant funds may
be sold, leased, exchanged, or otherwise encumbered,
unless it is used to qualify for a federal program or,
subject to Department approval, transferred to the
federal government, the State, or a unit of local
government for conservation and recreation purposes
consistent with this Act.
(7) All grantees must agree to convey to the State
at no charge a conservation easement on the lands to be
acquired using the grant funds.
(8) Grantees must agree to manage lands in
accordance with the terms of the grant. Any changes in
management must be approved by the Department before
implementation.
(9) The Department is authorized to promulgate, by
rule, any other reasonable requirements determined
necessary to effectively implement this Act.
Section 30. Open Lands Loan Program. The Department
may establish an Open Lands Loan Program to make loans to
units of local government for the purpose of assisting in the
purchase of real property to protect open spaces and lands
with significant natural resource attributes. For purposes
of the program, and not by way of limitation on any other
purposes or programs provided for in this Act, there is
hereby established the Open Lands Loan Fund, a special fund
in the State treasury. The Department has the power to use
any appropriations from the State made for the purposes under
this Act and to enter into any intergovernmental agreements
with the federal government or the State, or any
instrumentality thereof, for purposes of capitalizing the
Open Lands Loan Fund. Moneys in the Open Lands Loan Fund may
be used for any purpose under the Open Lands Loan Program
including, without limitation, the making of loans permitted
under this Act.
The Department may establish and collect any fees and
charges, determine and enforce any terms and conditions, and
charge any interest rates that it determines to be necessary
and appropriate to the successful administration of the Open
Lands Loan Program. All principal and interest repayments on
loans made using funds withdrawn from the Open Lands Loan
Fund shall be deposited into the Open Lands Loan Fund to be
used for the purposes of the Open Lands Loan program or for
any other purpose under this Act that the Department, in its
discretion, finds appropriate. Investment earnings on moneys
held in the Open Lands Loan Fund or in any reserve fund or
pledged fund created with funds withdrawn from the Open Lands
Loan Fund must be treated in the same way as loan repayments.
The Department shall promulgate rules concerning selection
and eligibility requirements. The rules shall include the
following additional requirements:
(1) Units of local government receiving loans under
this Act to acquire real property must:
(A) agree to make and keep the lands accessible
to the public for conservation and recreation,
unless the Department determines that public
accessibility would be detrimental to the lands or
any natural resources associated with the land;
(B) agree that all real property acquired with
loan proceeds shall not be sold, leased, exchanged,
or otherwise encumbered unless it is used to qualify
for a federal program or, subject to Department
approval, transferred to the federal government, the
State, or a unit of local government for
conservation and recreation purposes consistent with
this Act;
(C) agree to execute and donate to the State
at no charge a conservation easement on the lands to
be acquired; and
(D) agree to manage lands in accordance with
the terms of the loan. Any changes in management
must be approved by the Department before
implementation.
(2) Loans made by the Department to units of local
government must be secured by interests in collateral and
guarantees that the Department determines are necessary
to protect the Department's interest in the repayment of
the principal and interest, if any, of each loan made
under this Section.
(3) Loans made by the Department may be used only
to purchase interests in land from willing sellers and
may not involve the use of eminent domain.
(4) Borrowers may not use the proceeds from other
Department grant programs to repay loans made under this
program.
(5) Borrowers must agree to manage lands in
accordance with the terms of the loan. Any changes in
management must be approved by the Department before
implementation.
(6) The Department is authorized to promulgate, by
rule, other reasonable requirements necessary to
effectively implement this Act.
Section 35. Community Planning Allowance. As provided in
this Section, the Department is authorized to make grants to
units of local government for the acquisition, development,
construction, reconstruction, improvement, financing,
architectural planning, and installation of capital
facilities. The grants shall be available only in connection
with lands acquired under this Act by the Department in fee
simple title. The grants may be made to the units of local
government in which the lands are located in an amount equal
to 7% of the purchase price of the open space land acquired
for qualified projects.
This Section does not apply to (i) counties with a
population greater than 3,000,000 or (ii) counties contiguous
to counties with a population greater than 3,000,000.
Section 810. The State Finance Act is amended by adding
Section 5.490 as follows:
(30 ILCS 105/5.490 new)
Sec. 5.490. The Open Lands Loan Fund.
Section 999. Effective date. This Act takes effect
upon becoming law.
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