Public Act 097-0317
 
HB0390 EnrolledLRB097 03906 KTG 43945 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Parks Designation Act is amended by
adding Section 11 as follows:
 
    (20 ILCS 840/11 new)
    Sec. 11. Leasing property.
    (a) Notwithstanding any provision of this Act or any other
law to the contrary, property located within Pyramid State Park
and described in subsection (b) of this Section shall no longer
be designated part of Pyramid State Park and the Department of
Natural Resources is authorized to lease such property to a
private entity having options to purchase property adjacent
thereto on which mining operations are planned, provided that
the private entity shall demonstrate to the Department that:
        (1) the property described in subsection (b) of this
    Section does not include areas:
            (A) listed on the Illinois Natural Areas
        Inventory;
            (B) serving as known critical habitats for species
        listed as threatened or endangered in Illinois;
            (C) serving as part of a floodplain; or
            (D) that are part of an Illinois State Natural
        Preserve.
        (2) mining operations are feasible on the adjacent
    property;
        (3) such operations shall consist of overburden
    removal and, at the option of the Department, replacement
    of topsoil in reclamation;
        (4) such operations shall have a significant impact on
    the local economy as they are projected to create
    employment opportunities for approximately 45 persons and
    to serve as the source of payroll and direct expenditures
    of approximately $12 to $15 million per year;
        (5) no surface mining for the extraction of coal shall
    be conducted on the property described in subsection (b) of
    this Section;
        (6) the property described in subsection (b) of this
    Section and the property adjacent thereto on which mining
    operations are planned shall be reclaimed by the private
    entity on the expiration of the lease and shall be fit for
    conservation and recreation purposes; and
        (7) the adjacent property consists of 240 acres and
    shall ultimately be conveyed to the State, Department of
    Natural Resources.
    (b) The property is described as follows:
        The East 300 feet of even width of the Northwest
    Quarter, of Section 8,
        And
        The East 300 feet of even width of the South 1,620 feet
    of the Southwest Quarter, Section 5,
        And
        South 300 feet of even width of the North Half of the
    Southeast Quarter, Section 5,
        And
        The West 300 feet of even width of the South 1,620 feet
    of the Southwest Quarter, Section 4,
        And
        The West 300 feet of even width of the North 2,940 feet
    of the West Half, Section 9,
        And
        North Half of the Southeast Quarter, Section 8.
        All in Township 6 South, Range 3 West, of the Third
    Principal Meridian, Perry County, Illinois.
    (c) The Department of Natural Resources shall lease the
property described in subsection (b) of this Section for fair
market value, and the term of the lease shall be for a period
of no longer than 10 years with no option for renewal.
    (d) Prior to the execution of the lease, the private entity
must receive Department approval of a plan for the reclamation
of both the property described in subsection (b) of this
Section and the property adjacent thereto on which mining
operations are planned. The plan shall include a cost estimate
and timeline for reclamation activities. The private entity
shall provide financial assurance in an amount and in a form
sufficient to fund all reclamation activities in the
Department-approved reclamation plan. At the option of the
Department, both properties shall be reclaimed to farmland
standards, with reclamation activities occurring
contemporaneously with farmland activities. On the expiration
of the lease and upon the request of the Department of Natural
Resources, the private entity must execute the reclamation
plan.
    (e) Any and all leases for the property described in
subsection (b) of this Section in effect on the effective date
of this amendatory Act of the 97th General Assembly are
terminated by operation of law.
    (f) The provisions of this Section only apply to property
described in subsection (b) of this Section and property
adjacent thereto, and do not apply to any other property within
Pyramid State Park, any other property within any other
designated State park under the jurisdiction of the Department
of Natural Resources, or any other State property.
    (g) The authorization for the Department lease property
under this Section shall not apply if the Department determines
that mining activities pose a risk to the recreational uses,
wildlife, hydrology, water quality, habitat, or potential for
habitat restoration of lands owned by the Department.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.