(20 ILCS 1920/Art. II heading)
ARTICLE II:
RECLAMATION OF LANDS
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(20 ILCS 1920/2.01) (from Ch. 96 1/2, par. 8002.01)
Sec. 2.01.
Designation of Lands.
The Department shall
designate abandoned lands to be reclaimed in accordance with this Act, and
shall determine which lands shall be acquired by the Department
for the purpose of this Act. The Department shall by rule
establish criteria for the designation of abandoned lands for reclamation and
acquisition.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.02) (from Ch. 96 1/2, par. 8002.02)
Sec. 2.02.
Manner of Reclamation.
(a) The Department shall determine the
manner of reclamation of designated abandoned lands, and the use of those
lands after reclamation.
(b) The Department may by rule provide for the filling of
voids and sealing of tunnels, shafts and entryways, and reclamation of the
surface impacts of underground or surface mines.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.03) (from Ch. 96 1/2, par. 8002.03)
Sec. 2.03.
Priorities.
(a) Expenditures of moneys on abandoned lands for the purposes of this
Article shall reflect the following priorities in the order stated:
(1) the protection of public health, safety, general
| | welfare, and property from extreme danger of adverse effects of coal mining practices;
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(2) the protection of public health, safety, and
| | general welfare from adverse effects of coal mining practices;
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(3) the restoration of land and water resources and
| | the environment previously degraded by adverse effects of coal mining practices including measures for the conservation and development of soil, water (excluding channelization), woodland, fish and wildlife, recreation resources, and agricultural productivity;
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(4) research and demonstration projects relating to
| | the development of surface mining reclamation and water quality control program methods and techniques;
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(5) the protection, repair, replacement,
| | construction, or enhancement of public facilities adversely affected by coal mining practices;
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(6) the development of publicly owned land adversely
| | affected by coal mining practices including land acquired as provided in this Act for recreation and historic purposes, conservation, and reclamation purposes and open space benefits.
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(b) The Department may by rule establish additional
criteria, including but not limited to:
(1) the financial ability of the landowners to abate
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(2) the potential economic value of the land under
| | private ownership subsequent to reclamation;
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(3) the potential value of the land in the public
| | domain for conservation, open space and recreation purposes subsequent to reclamation;
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(4) the proximity of abandoned lands to
| | municipalities, residential areas, and public facilities such as water supplies, parks and recreational areas.
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Such additional criteria shall be applied in a manner consistent with the
priorities in subsection (a) of this Section.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.04) (from Ch. 96 1/2, par. 8002.04)
Sec. 2.04.
Reclamation.
(a) The Department or such agency or department of
State government as the Department may designate pursuant to
subsection (d) of Section 3.05 may enter and reclaim abandoned lands under this
Section if the Department finds that:
(1) land or water resources have been adversely
| | affected by past coal mining practices; and
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(2) the adverse effects are at a stage where, in the
| | public interest, action to restore, reclaim, abate, control, or prevent should be taken; and
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(3) the owners of the land or water resources where
| | entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known, or readily available; or the owners will not give permission for the United States, the States, political subdivisions, their agents, employees, or contractors to enter upon such property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.
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(b) After (1) the findings required by subsection (a) of this Section
have been made, and (2) giving notice by mail return receipt requested to
the owners if known or if not known by posting notice upon the premises
and advertising once in a newspaper of general circulation in the municipality
in which the land lies, the Department or such agency or
department of State government as the Department may designate
pursuant to subsection (d) of Section 3.05 shall have the right to enter on
the property adversely affected by past mining practices and any other property
to have access to such property to do all things necessary or expedient
to restore, reclaim, abate, control, or prevent the adverse effects.
(c) The moneys expended for such work and the benefits accruing to any
such premises so entered upon shall be chargeable against such land and
shall mitigate or offset any claim in or any action brought by any owner
of any interest in such premises for any alleged damage by virtue of such
entry. This provision is not intended to create new rights of action or
eliminate existing immunities.
(d) Entry under this Section shall be construed as an exercise of the
police power for the protection of public health, safety, and general welfare
and shall not be construed as an act of condemnation of property nor trespass
thereon.
(Source: P.A. 91-357, eff. 7-29-99.)
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(20 ILCS 1920/2.05) (from Ch. 96 1/2, par. 8002.05)
Sec. 2.05.
Studies and Exploration.
(a) The Department or such agency or department of State
government as the Department may designate pursuant to
subsection (d) of Section 3.05 shall have the right to enter upon any property
for the
purpose of conducting studies or exploratory work to determine the existence of
adverse effects of past coal mining practices and to determine the feasibility
of restoration, reclamation, abatement, control, or prevention of such adverse
effects.
(b) Entry under this Section shall be construed as an exercise of the
police power for the protection of public health, safety, and general welfare
and shall not be construed as an Act of condemnation of property nor trespass
thereon.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.06) (from Ch. 96 1/2, par. 8002.06)
Sec. 2.06.
Land Acquisition.
(a) The Department shall acquire by purchase, exchange,
gift, condemnation, or otherwise, the fee simple title or any lesser interest
in and to such land, rights or other property as the Department
considers necessary for the reclamation of abandoned lands.
(b) Title to all lands acquired pursuant to this Section shall be in the
name of the State. The price paid for land acquired under this Section
shall reflect the market value of the land as adversely affected by past
mining practices.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.07) (from Ch. 96 1/2, par. 8002.07)
Sec. 2.07.
Transfers and Dispositions.
(a) Land acquired pursuant to this Act may, with the approval of the
Department, be sold in accordance with procedures and standards
adopted by the Department by rule. Such rules shall prescribe
the purposes for which such land may be sold. Such rules may provide for
public sale of one or more categories of lands at public sale under a system
of competitive bidding at not less than market value, and shall provide
for such sales to the extent required under the Federal Act.
(b) The Department may transfer administrative
responsibility for land acquired to any agency or department of State
government or to any political subdivision of the State with or without cost to
such agency, department or political subdivision. The agreement under which a
transfer is made shall specify: (1) the purposes for which the land may be
used consistent with the authorization under which the land was acquired; and
(2) that the administrative responsibility for the land will revert to the
Department, if at any time in the future, the land is not used
for the purposes specified.
(c) If the Department determines that any reclaimed lands
will not be retained
by the State, the Department shall notify the corporate
authorities of the municipality in which any of the reclaimed lands are
located and the county clerk of the respective county that those lands may
be transferred to one or more of such local governments who have complied
with this Section. In order to comply with this Section, the corporate
authorities of such unit of local government must adopt by resolution, within
60 days after receipt of the notice from the Department, a
statement of its
intent to submit a plan for the use of such lands and submit such plan within
120 days of receipt of the notice. Two or more of the units may agree to
prepare and submit a joint plan with respect to such lands. With the approval
of the Department, the plan may be amended after it is
submitted. If the Department approves a plan submitted under
this paragraph, the Department shall transfer administrative
authority and when appropriate, title for the affected lands to the unit or
units of local government submitting the plan.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.08) (from Ch. 96 1/2, par. 8002.08)
Sec. 2.08.
Special reclamation programs.
(a) In addition to the authority to acquire land under Section 2.06, the
Department may use funds provided under the Federal Act to
acquire land by purchase, donation, or condemnation, to reclaim such acquired
land and retain
the land or transfer title to it to a political subdivision or to any person,
firm, association, or corporation, if the Department determines
that such is an integral and necessary element of an economically feasible plan
for the project to construct or rehabilitate housing for persons disabled as
the result of employment in the mines or work incidental thereto, persons
displaced by acquisition of land under Section 2.06, or persons dislocated
as the result of adverse effects of mining practices which constitute an
emergency as provided in the Federal Act or persons dislocated as the result
of natural disasters or catastrophic failures from any cause. No part of
the funds provided under this Section may be used to pay the actual
construction costs of housing.
(b) Use of funds under this Section shall be subject to requirements under
the Federal Act with respect to such projects.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.09) (from Ch. 96 1/2, par. 8002.09)
Sec. 2.09.
Liens.
(a) Within 6 months after the completion of projects to restore, reclaim,
abate, control, or prevent adverse effects of past coal mining practices on
privately owned land under this Article, the
Department shall itemize the moneys so expended and may
file a statement thereof in the office of the county in which the land lies
which has the responsibility under local law for the recording of judgments
against land, together with a notarized
appraisal by an independent appraiser of the value of the land before the
restoration, reclamation, abatement, control, or prevention of adverse effects
of past mining practices if the moneys so expended shall result in a
significant increase in property value. Such statement shall constitute a lien
upon the land. The lien shall not exceed the amount determined by
appraisal to be the increase in the market value of the land as a result of the
restoration, reclamation, abatement, control, or prevention of the adverse
effects of past coal mining practices.
(b) No lien shall be filed under this Section against the property of
any person, who owned the surface prior to May 2, 1977, and who neither
consented to nor participated in nor exercised control over the mining
operation which necessitated the reclamation performed hereunder.
(c) The landowner may proceed as provided by law to petition within 60
days of the filing of the lien, to determine the increase in the market
value of the land as a result of the restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining practices.
The amount reported to be the increase in value of the premises shall
constitute the amount of the lien and shall be recorded with the statement
provided in this Section. Any party aggrieved by the decision may seek
appropriate judicial relief
at the Circuit Court.
(d) The lien provided in this Section shall be entered in the county office
in which the land lies and which has responsibility under local law for
the recording of judgments against land. Such statement shall constitute
a lien upon the said land as of the date of the expenditure of the moneys
and shall have priority as a lien second only to the lien of real estate
taxes imposed upon said land or such lesser priority as may be permitted
or required by the Federal Act or regulations thereunder. The statement
shall state the priority claimed for such lien.
To the extent that it is consistent with the Federal Surface Mining Control
and Reclamation Act of 1977, P.L. 95-87, as amended, the Department shall
provide by rule for the accumulation of interest on the
amount secured by the lien.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.10) (from Ch. 96 1/2, par. 8002.10)
Sec. 2.10.
Hearings and public participation.
(a) Prior to disposition of lands, the Department or such
agency or department of State government as the Department may
designate pursuant to subsection (d) of Section 3.05, when requested after
appropriate public notice shall hold a public hearing, with the appropriate
notice, in the county
or counties or the appropriate subdivisions of the State in which lands
acquired pursuant to Section 2.06 are located. The hearings shall be held
at a time which shall afford local citizens and governments the maximum
opportunity to participate in the decision concerning the use or disposition
of the lands after restoration, reclamation, abatement, control or prevention
of the adverse effects of past coal mining practices. The Department or designated agency or department of State government
may hold such other hearings as it deems necessary in connection
with the designation, acquisition, disposition or reclamation of abandoned
lands.
(b) The Department shall by rule provide procedures for
notice and conduct of hearings under this Section.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.11) (from Ch. 96 1/2, par. 8002.11)
Sec. 2.11. Non-coal reclamation.
(a) It is hereby declared that open and abandoned tunnels, shafts, and
entryways and abandoned and deteriorating equipment, structures, and facilities
resulting from any previous non-coal mining operations constitute a hazard to
the public health and safety. The Department is authorized and
empowered to fill
or seal such abandoned tunnels, shafts, and entryways and remove equipment,
structures, and facilities which it determines could endanger life and property
and constitute a hazard to the public health and safety.
(b) The Department may make expenditures and carry out the
purposes of this Section for lands mined for substances other than coal;
provided, however, that annual expenditures for non-coal reclamation do not
exceed 2% of the Department's annual budget for mine land
reclamation.
Except for those non-coal reclamation projects relating to the protection of
the public health or safety which shall be accorded a high priority, non-coal
reclamation expenditures shall be made only after all reclamation with respect
to abandoned coal lands or coal development impacts has been accomplished.
(c) In those instances where coal mine waste piles are being reworked
for conservation purposes, the Department may make additional
incremental
expenditures to dispose of the wastes from such operations by filling voids
and sealing tunnels if the disposal of these wastes is in accordance with
the purposes of this Section.
(d) The Department shall acquire, by purchase, exchange,
gifts, condemnation or otherwise, the fee simple title or any lesser interest
in and to such land rights or other property as the Department
considers necessary to carry out the provisions of this Section. Transfers and
dispositions of such land shall be made in the same manner as prescribed by
Section 2.07 of this Act.
(e) Consistent with this Section, the Department may enter
and reclaim abandoned non-coal mined lands in the same manner as prescribed in
Section 2.04 of this Act.
(Source: P.A. 97-991, eff. 8-17-12.)
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(20 ILCS 1920/2.12) (from Ch. 96 1/2, par. 8002.12)
Sec. 2.12.
Statement of Reclamation.
Following reclamation, the
Department shall file a Notice of Reclamation in the office of
the Recorder in the county in which the reclaimed land lies. The Notice of
Reclamation shall identify the land reclaimed, the adverse effects of past
mining on the land, and briefly describe the reclamation. The Notice of
Reclamation shall serve as perpetual notice to all concerned that the land has
been mined and reclaimed, and provide that further information may be obtained
by contacting the Department. This Section shall apply to all
lands where reclamation is completed after July 1, 1991.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.13) (from Ch. 96 1/2, par. 8002.13)
Sec. 2.13.
Interim Program and insolvent surety sites.
(a) The Department is authorized and empowered to enter
and perform reclamation or drainage abatement on lands and waters within
unreclaimed sites that were mined for coal or were affected by such mining,
wastebanks, coal processing, or other coal mining processes and left in an
inadequate reclamation status after August 3, 1977, if:
(1) the surface coal mining operation occurred during
| | the period beginning on August 4, 1977, and ending on June 1, 1982, and any funds for reclamation or abatement which are available under a bond or other form of financial guarantee, or from any other source, are not sufficient to provide for adequate reclamation or abatement at the site; or
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(2) the surface coal mining operation occurred during
| | the period beginning on August 4, 1977, and ending on November 5, 1990, and the surety of the mining operator became insolvent during that period, and as of November 5, 1990, funds immediately available from proceedings relating to the insolvency, or from any financial guarantee or other source, are not sufficient to provide for adequate reclamation or abatement at the site.
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(b) In determining which sites to reclaim under this Section, the
Department shall follow the priorities stated in parts (1) and
(2) of subsection (a) of Section 2.03. The Department shall
ensure that the reclamation priority of sites reclaimed under this paragraph is
the same or more urgent than the reclamation priority for eligible lands and
waters that were abandoned or left in an inadequate reclamation status before
August 3, 1977.
(c) The Department may establish by rule whatever additional
criteria are necessary to satisfy funding requirements under the federal Act.
(Source: P.A. 89-445, eff. 2-7-96.)
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(20 ILCS 1920/2.14)
Sec. 2.14. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.)
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