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| Public Act 097-0785
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| HB5234 Enrolled | LRB097 18532 KTG 63763 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Historic Preservation Act is |
amended by changing Sections 2, 3, 4, and 5 as follows:
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(20 ILCS 3410/2) (from Ch. 127, par. 133d2)
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Sec. 2. As used in this Act:
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(a) "Council" means the Illinois Historic Sites Advisory |
Council. ;
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(b) (Blank). "Demolish" means raze, reconstruct or |
substantially alter;
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(c) "Agency" means the Historic Preservation
Agency. ;
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(d) "Director" means the Director of Historic Preservation |
who will serve as
the State Historic Preservation Officer. ;
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(d-1) "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 |
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Register; or |
(4) meets one or more criteria for listing in the |
National Register, as determined by the Director. |
(e) "Place" means (1) any parcel or contiguous grouping of |
parcels of
real estate under common or related ownership or |
control, where any significant
improvements are at least 40 |
years old, or (2) any aboriginal mound, fort,
earthwork, |
village, location, burial ground, historic or prehistoric |
ruin,
mine case or other location which is or may be the source |
of important archeological
data. ;
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(f) (Blank). "Registered Illinois Historic Place" means |
any place listed on the
"Illinois Register of Historic Places" |
pursuant to Section 6 of this Act;
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(g) (Blank). "Person" means any natural person, |
partnership, corporation, trust,
estate, association, body |
politic, agency, or unit of government and its
legal |
representatives, agents, or assigns; and
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(h) (Blank). "Municipal Preservation Agency" means any |
agency described in Section
11-48.2-3 of the "Illinois |
Municipal Code", as now or hereafter amended,
or any agency |
with similar authority created by a municipality under Article
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VII, Section 6 of the Illinois Constitution.
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(i) (Blank). "Critical Historic Feature" means those |
physical and environmental
components which taken singly or |
together, make a place eligible for designation
as a Registered |
Illinois Historic Place.
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(Source: P.A. 84-25.)
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(20 ILCS 3410/3) (from Ch. 127, par. 133d3)
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Sec. 3.
There is recognized and established hereunder the |
Illinois Historic
Sites Advisory Council, previously |
established pursuant to Federal regulations,
hereafter called |
the Council. The Council shall consist of
15 members. Of these, |
there shall be at least 3 historians, at least 3
architectural |
historians, or architects with a preservation background,
and |
at least 3 archeologists. The remaining 6 members shall be |
drawn from
supporting fields and have a preservation interest. |
Supporting fields shall
include but not be limited to |
historical geography, law, urban planning,
local government |
officials, and members of other preservation commissions.
All |
shall be appointed by the Director of Historic Sites and |
Preservation,
with the consent of the Board.
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The Council Chairperson shall be appointed by the Director |
of Historic
Sites and Preservation from the Council
membership |
and shall serve at the Director's pleasure.
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The Director of the Lincoln Presidential Library and the |
Director of
the Illinois State Museum shall serve on the |
Council
in advisory capacity as non-voting members.
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Terms of membership shall be 3 years and shall be staggered |
by the Director
to assure continuity of representation.
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The Council shall meet at least 3 4 times each year. |
Additional meetings
may be held at the call of the chairperson |
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or at the call of the Director.
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Members shall serve without compensation, but shall be |
reimbursed for actual
expenses incurred in the performance of |
their duties.
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(Source: P.A. 92-600, eff. 7-1-02.)
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(20 ILCS 3410/4) (from Ch. 127, par. 133d4)
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Sec. 4.
In addition to those powers specifically granted or |
necessary
to perform the duties prescribed by this Act, the |
Council shall have the
following powers:
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(a) to recommend nominations to the National Register of |
Historic Places;
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(b) (blank); to nominate places to the Illinois Register of |
Historic Places;
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(c) to recommend removal of places from the National |
Register of Historic Places;
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(d) (blank); to recommend removal of places from the |
Illinois Register of Historic Places;
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(e) (blank); to establish guidelines determining the |
eligibility for listing and
removing places on the Illinois |
Register of Historic Places; and
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(f) to advise the Agency on matters pertaining to
historic |
preservation.
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(Source: P.A. 84-25.)
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(20 ILCS 3410/5) (from Ch. 127, par. 133d5)
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Sec. 5.
In addition to the powers otherwise specifically |
granted to the
Agency by law, the Agency shall have
the |
following powers and responsibilities:
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(a) to perform the administrative functions for the |
Council;
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(b) to hold public hearings and meetings concerning the |
National Illinois Register
of Historic Places;
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(c) to prepare and periodically revise a statewide |
preservation plan;
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(d) to attempt to maximize the extent to which the |
preservation of historic resources Registered
Illinois |
Historic Places is accomplished through active use, including
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self-sustaining or revenue-producing use and through the |
involvement of
persons other than the Agency; and
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(e) to disseminate information of historic resources |
Registered Illinois Historic Places,
to provide technical and |
other assistance to persons involved in preservation
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activities, to develop interpretive programs and otherwise |
stimulate public
interest in preservation.
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(Source: P.A. 84-25.)
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(20 ILCS 3410/6 rep.)
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(20 ILCS 3410/7 rep.)
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(20 ILCS 3410/8 rep.)
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(20 ILCS 3410/9 rep.)
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(20 ILCS 3410/10 rep.)
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(20 ILCS 3410/11 rep.)
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(20 ILCS 3410/12 rep.)
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(20 ILCS 3410/13 rep.)
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(20 ILCS 3410/14 rep.)
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Section 10. The Illinois Historic Preservation Act is |
amended by repealing Sections 6, 7, 8, 9, 10, 11, 12, 13, and |
14.
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Section 15. The Illinois State Agency Historic Resources |
Preservation Act is amended by changing Sections 3 and 4 as |
follows:
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(20 ILCS 3420/3) (from Ch. 127, par. 133c23)
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Sec. 3. Definitions.
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(a) "Director" means the Director of Historic Preservation |
who shall serve
as the State Historic Preservation Officer.
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(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.
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(c) "Historic resource" means any property which is either |
publicly or
privately held and which:
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(1) is listed in the National Register of Historic |
Places (hereafter
"National Register");
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(2) has been formally determined by the Director to be |
eligible for
listing in the National Register as defined in |
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Section 106 of Title 16 of the
United States Code;
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(3) has been nominated by the Director and the Illinois |
Historic Sites
Advisory Council for listing in the National |
Register; or
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(4) meets one or more criteria for listing in the |
National Register, as
determined by the Director. ; or
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(5) (blank). is listed in the Illinois Register of |
Historic Places.
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(d) "Adverse effect" means:
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(1) destruction or alteration of all or part of an |
historic resource;
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(2) isolation or alteration of the surrounding |
environment of an historic
resource;
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(3) introduction of visual, audible, or atmospheric |
elements which are
out of character with an historic |
resource or which alter its setting;
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(4) neglect or improper utilization of an historic |
resource which
results in its deterioration or |
destruction; or
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(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.
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(e) "Comment" means the written finding by the Director of |
the effect of
a State undertaking on an historic resource.
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(f) "Undertaking" means any project, activity, or program |
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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:
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(1) directly undertaken by a State agency;
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(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
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(3) carried out pursuant to a State lease, permit, |
license, certificate,
approval, or other form of |
entitlement or permission.
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(g) "Committee" means the Historic Preservation Mediation |
Committee.
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(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.
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(i) "Private undertaking" means any undertaking that does |
not receive
public funding or is not on public lands.
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(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 |
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stream floodplains and including
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(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
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(2) a 500 yard wide area along the shore of Lake |
Michigan abutting the
high water mark.
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(Source: P.A. 87-717; 87-739; 87-847; 88-45.)
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(20 ILCS 3420/4) (from Ch. 127, par. 133c24)
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Sec. 4. State agency undertakings.
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(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
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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.
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(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.
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(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
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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
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units of government and public and private organizations may |
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participate
in the consultation process. The process may |
involve on-site inspections and
public informational meetings |
pursuant to regulations issued by the
Historic Preservation |
Agency.
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(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
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Director shall prepare a Memorandum of Agreement describing the
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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.
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(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
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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 |
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the Agency and the Director during the
consultation process and |
the reason for its rejection.
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(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
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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
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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
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Committee before proceeding with the undertaking.
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(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. When an
undertaking |
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involves a structure listed on the Illinois Register of |
Historic
Places, the rules and procedures of the Illinois |
Historic Preservation Act
shall apply. This subsection shall |
not prevent the Illinois Historic
Preservation Agency from |
entering into an agreement with the Advisory
Council on |
Historic Preservation pursuant to Section 106 of the National
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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
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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 Historic
Preservation |
Agency 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.
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(Source: P.A. 96-1000, eff. 7-2-10.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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INDEX
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Statutes amended in order of appearance
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