Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 801/ - Department of Natural Resources Act.

(20 ILCS 801/Art. 1 heading)

 
(20 ILCS 801/1-1)
Sec. 1-1.
Short title.
This Act may be cited as the Department of Natural Resources Act.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
 
(20 ILCS 801/1-5)
Sec. 1-5. Purpose. It is the purpose of this Act to change the
name of the Department of Conservation to the Department of Natural Resources
and to transfer to it various rights, powers, duties, and functions of the
Department of Energy and Natural Resources, the Department of Mines and
Minerals, the Abandoned Mined Lands Reclamation Council, and the Division of
Water Resources of the Department of Transportation. This Act also transfers
certain recycling, energy, and oil overcharge functions of the Department of
Energy and Natural Resources to the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity) and certain functions of the Department of Conservation related to the
Lincoln Monument to the Historic Preservation Agency. This Act consolidates
and centralizes the programs and services now offered to citizens by these
governmental bodies, resulting in more effective operation of these programs
and services.

(Source: P.A. 94-793, eff. 5-19-06.)
 
(20 ILCS 801/1-10)
Sec. 1-10.
Definitions.
For the purposes of this Act, unless the
context otherwise requires:
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.

(Source: P.A. 89-445, eff. 2-7-96.)
 
(20 ILCS 801/1-15)
Sec. 1-15. General powers and duties.
(a) It shall be the duty of the Department to investigate practical
problems, implement studies, conduct research and provide assistance,
information and data relating to the technology and administration of
the natural history, entomology, zoology, and botany of this State; the geology
and natural resources of this State; the water and atmospheric resources of
this State; and the archeological and cultural history of this State.
(b) The Department (i) shall obtain, store, and process relevant
data; recommend technological, administrative, and legislative changes and
developments; cooperate with other federal, state, and local governmental
research agencies, facilities, or institutes in the selection of projects
for study; cooperate with the Board of Higher Education and with the public
and private colleges and universities in this State in developing relevant
interdisciplinary approaches to problems; and evaluate curricula at all
levels
of education and provide assistance to instructors and (ii) may
sponsor an
annual
conference of leaders in government, industry, health, and education to
evaluate the state of this State's environment and natural resources.
(c) The Director, in accordance with the Personnel Code, shall employ
such personnel, provide such facilities, and contract for such outside services
as may be necessary to carry out the purposes of the Department. Maximum use
shall be made of existing federal and state agencies, facilities, and personnel
in conducting research under this Act.
(c-5) The Department may use the services of, and enter into necessary agreements with, outside entities for the purpose of evaluating grant applications and for the purpose of administering or monitoring compliance with grant agreements. Contracts under this subsection shall not exceed 2 years in length.
(d) In addition to its other powers, the Department has the following
powers:
(e) The Department is authorized to make grants to local not-for-profit
organizations for the purposes of development, maintenance and study of
wetland areas.
(f) The Department has the authority to accept, receive and administer
on behalf of the State any gifts, bequests, donations, income from property
rental and endowments. Any such funds received by the Department shall be
deposited into the Natural Resources Fund, a special fund which is hereby
created in the State treasury, and used for the purposes of this Act or,
when appropriate, for such purposes and under such restrictions, terms and
conditions as are predetermined by the donor or grantor of such funds or
property. Any accrued interest from money deposited into the Natural
Resources Fund shall be reinvested into the Fund and used in the same
manner as the principal. The Director shall maintain records which account
for and assure that restricted funds or property are disbursed or used
pursuant to the restrictions, terms or conditions of the donor.
(g) The Department shall recognize, preserve, and promote our special
heritage of recreational hunting and trapping by providing opportunities to
hunt and trap in accordance with the Wildlife Code.
(h) Within 5 years after the effective date of this amendatory Act of the 102nd General Assembly, the Department shall fly a United States Flag, an Illinois flag, and a POW/MIA flag at all State parks. Donations may be made by groups and individuals to the Department's Special Projects Fund for costs related to the implementation of this subsection.
(Source: P.A. 102-388, eff. 1-1-22; 102-699, eff. 4-19-22.)
 
(20 ILCS 801/1-17)
Sec. 1-17. Licenses; privacy protection.
(a) For purposes of this Section, "license" means a license required under
Article 3 of the Wildlife Code or under Article 20 of the Fish and Aquatic Life
Code.
(b) As soon as practicable, the Department must assign a customer
identification number to each
applicant for a license. After the applicant has been assigned a customer
identification number, the applicant may use that customer identification
number in place of his or her social security number on any subsequent
application for a license. The Department must keep a record of the social
security number of each applicant. The Department shall notify the applicant
that his or her social security number is kept on file with the Department.
(c) A licensee's social security number shall not appear on the face of his
or her license.
(d) The Department shall offer to each successful purchaser of a hunting license that was obtained by online purchase and issued pursuant to the Wildlife Code the opportunity to be redirected to the First Person Consent organ and tissue donor registry website maintained by the Secretary of State under Section 6-117 of the Illinois Vehicle Code.


(Source: P.A. 102-950, eff. 1-1-23.)
 
(20 ILCS 801/1-20)
Sec. 1-20.
Real property.
The Department has the power:
(a) To transfer jurisdiction of any realty under the control of the
Department to any other Department of the State Government, or to any
authority, commission or other agency of the State, and to acquire or accept
federal lands, when such transfer, acquisition or acceptance is
advantageous to the State and is approved in writing by the Governor.
(b) To lease, from time to time, any land or property, with or without
appurtenances, of which the Department has jurisdiction, and which are not
immediately to be used or developed by the State; provided that no such
lease be for a longer period of time than that in which it can reasonably
be expected the State will not have use for such property, and further
provided that no such lease be for a longer period of time than 5 years.

(Source: P.A. 89-445, eff. 2-7-96.)
 
(20 ILCS 801/1-23)
Sec. 1-23. Joel D. Brunsvold Building. The Illinois Department of Natural Resources Building located at One Natural Resources Way in Springfield, Illinois shall be known as the Joel D. Brunsvold Building.

(Source: P.A. 96-1545, eff. 3-10-11.)
 
(20 ILCS 801/1-25)
Sec. 1-25. Powers of the State Museum.
In addition to its other powers and duties, the Department shall
have the following powers and duties which shall be performed by the
State Museum:
 
(20 ILCS 801/1-30)
Sec. 1-30. Badges. The Director must authorize to each Conservation Police
Officer
and to any other employee of the Department exercising the powers of a peace
officer a
distinct badge that, on its face, (i) clearly states that the badge is
authorized by the
Department and (ii)
contains a unique identifying number.
No other badge shall be authorized by
the Department.
Nothing in this Section prohibits the Director from issuing shields or other
distinctive
identification to employees not exercising the powers of a peace officer if the
Director determines
that a shield or distinctive identification is needed by the employee to carry
out his or her
responsibilities.

(Source: P.A. 95-331, eff. 8-21-07.)
 
(20 ILCS 801/1-35)
Sec. 1-35.

Aquifer study. The Department shall conduct a study to (i)
develop an understanding of the geology of each aquifer in the State; (ii)
determine the groundwater flow through the geologic units and the interaction
of the groundwater with surface waters; (iii) analyze current groundwater
withdrawals; and (iv) determine the chemistry of the geologic units and the
groundwater in those units. Based upon information obtained from the study,
the Department shall develop geologic and groundwater flow models for each
underground aquifer in the State showing the impact of adding future wells
or of future groundwater withdrawals.


(Source: P.A. 95-331, eff. 8-21-07.)
 
(20 ILCS 801/1-40)
Sec. 1-40. Adeline Jay Geo-Karis Illinois Beach Marina; maintenance. The Department shall formulate and implement a 10-year program for the maintenance and reconstruction of the Adeline Jay Geo-Karis Illinois Beach Marina. The program shall be in place no later than January 1, 2008, and shall be known as the Adeline Jay Geo-Karis Illinois Beach Marina Program.

(Source: P.A. 95-522, eff. 8-28-07.)
 
(20 ILCS 801/1-45)
Sec. 1-45. Report on transfer of the powers and duties of the Historic Preservation Agency to the Department. The Department of Natural Resources shall, on or before December 31, 2018 and annually thereafter for 3 calendar years, provide a report to the General Assembly that includes an analysis of the effect the transfer of the powers and duties from the Historic Preservation Agency to the Department under this amendatory Act of the 100th General Assembly had on State government and State taxpayers. The report shall also include recommendations for further legislation relating to the implementation of the reorganization. A copy of each report shall be filed with the General Assembly as provided under Section 3.1 of the General Assembly Organization Act.

(Source: P.A. 100-695, eff. 8-3-18.)
 
(20 ILCS 801/Art. 5 heading)

 
(20 ILCS 801/5-5)
Sec. 5-5.
Office of Water Resources; powers and duties.
(a) There shall be an Office of Water Resources within the Department. The
Office shall exercise the powers and duties transferred to the Department of
Natural Resources from the Department of Transportation by this Act and such
other powers and duties as may be provided by law.
(b) The Office of Water Resources of the Department of Natural Resources
shall exercise the powers, rights, and duties formerly vested by law in the
Department of Transportation as successor to:
(c) The Office of Water Resources shall act as the State coordinating
agency and accept and administer grants or other financial assistance from the
federal government with respect to all of the following:
(Source: P.A. 89-445, eff. 2-7-96.)
 
(20 ILCS 801/5-10)
Sec. 5-10.
Additional powers.
With respect to the water resources of the
State, the Office of Water Resources shall have the following powers:
(a) To study and investigate ways and means by which the various water
uses may be coordinated to the end that the water resources of the State be
put to their maximum beneficial use and, in connection therewith, to
request any department or agency of the State to make surveys, studies,
investigations, prepare plans, reports and furnish such data and
information as may be necessary.
(b) To coordinate, determine and provide ways and means for the
equitable reconciliation and adjustment of the various conflicting claims
and rights to water by users or uses.
(c) To recommend legislation for the most feasible method or methods of
conserving water resources and putting them to the maximum possible use,
taking into account the problems of navigation, flood control, river flow
control and stabilization, reclamation, drainage and recapture, and further
utilization of water after use for any purpose, domestic and industrial
use, irrigation of land, municipal use, development of electric energy,
public health, recreational, fish and game life, and other beneficial use.
(d) To undertake regulatory flood hazard mapping within this State.
(e) To inspect and prescribe standards of repair, maintenance
and improvement of the facilities and properties of the Metro-East Sanitary
District.

(Source: P.A. 89-445, eff. 2-7-96; 90-14, eff. 7-1-97.)
 
(20 ILCS 801/Art. 10 heading)

 
(20 ILCS 801/10-5)
Sec. 10-5. Office of Mines and Minerals.
(a) The Department of Natural Resources shall have within it an Office of
Mines and Minerals, which shall be responsible for the functions previously
vested in the Department of Mines and Minerals and the Abandoned Mined Lands
Reclamation Council and such other related functions and responsibilities as
may be provided by law.
(b) The Office of Mines and Minerals shall
have a Director and a Manager.
The Director of the Office of Mines and Minerals shall be a person thoroughly
conversant with the theory and practice of coal mining but who is not
identified with either coal operators or coal miners. The Director of the
Office of Mines and Minerals must hold a certificate of competency as a mine
examiner issued by the Illinois Mining Board.
The Manager of the Office of Mines and Minerals
shall be a person who is thoroughly conversant with the theory and practice
of coal mining in the State of Illinois.
(c) Notwithstanding any provision of this Act or any other law to the contrary, the Department of Natural Resources may have within it an Office of Oil and Gas Resource Management, which may be responsible for the functions previously vested in the Department of Mines and Minerals relating to oil and gas resources, such other related functions and responsibilities as may be provided by law, and other functions and responsibilities at the discretion of the Department of Natural Resources.
(Source: P.A. 99-139, eff. 7-24-15.)
 
(20 ILCS 801/Art. 15 heading)

 
(20 ILCS 801/15-5)
Sec. 15-5. (Repealed).


(Source: P.A. 90-490, eff. 8-17-97. Repealed by P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
 
(20 ILCS 801/15-10)
Sec. 15-10. (Repealed).


(Source: P.A. 90-14, eff. 7-1-97. Repealed by P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
 
(20 ILCS 801/Art. 20 heading)

 
(20 ILCS 801/20-5)
Sec. 20-5. State Museum. The Department of Natural Resources
shall have within it the office of the Illinois State Museum. The
Board of the Illinois State Museum is retained as the governing
board for the State Museum.

(Source: P.A. 95-728, eff. 7-1-08 - See Sec. 999.)
 
(20 ILCS 801/20-10)
Sec. 20-10. Board of the Illinois State Museum.
(a) Within the Department there shall be a Board of the Illinois State
Museum, composed of 11 persons, one of whom shall be a senior citizen age 60 or
over. The Board shall be composed of 9 representatives of the natural
sciences, anthropology, art, and business, qualified by at least 10 years of
experience in practicing or teaching their several professions; one senior
citizen; and the Director of Natural Resources or the Director's designee.
Members of the Board shall be appointed by the Governor with the advice and
consent of the Senate and shall serve for 2-year terms.
The transfer of the Board to the Department under this Act does not terminate
or otherwise affect the term of membership of any member of the Board, except
that the former Director of Energy and Natural Resources is replaced by the
Director of Natural Resources.
(b) The Board shall:
(c) (Blank).

(Source: P.A. 102-303, eff. 1-1-22; 102-1005, eff. 5-27-22.)
 
(20 ILCS 801/20-15)
Sec. 20-15. Entrance fee. The Department may set by administrative rule an entrance fee for visitors to the Illinois State Museum. The fee assessed by this Section shall be deposited into the Illinois State Museum Fund for the Department to use to support the Illinois State Museum. The monies deposited into the Illinois State Museum Fund under this Section shall not be subject to administrative charges or chargebacks unless otherwise authorized by this Act.

(Source: P.A. 97-1136, eff. 1-1-13.)
 
(20 ILCS 801/20-20)
Sec. 20-20. Products manufactured in the United States. The Illinois State Museum shall set aside a booth or section of the gift shop for the sale of products manufactured in the United States. As used in this Section, "products manufactured in the United States" means assembled articles, materials, or supplies for which design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurred in the United States.

(Source: P.A. 98-1031, eff. 8-25-14.)
 
(20 ILCS 801/Art. 80 heading)

 
(20 ILCS 801/80-5)
Sec. 80-5.
Redesignation of Department.
The Department of
Conservation is redesignated as the Department of Natural Resources.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
 
(20 ILCS 801/80-10)
Sec. 80-10.
Director and Assistant Director.
The persons
serving as Director and Assistant Director of Conservation on the effective
date of this Act shall continue
to serve, respectively, as the Director and Assistant Director of Natural
Resources for the remainder of
their appointed terms and until their successors are appointed and have
qualified.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
 
(20 ILCS 801/80-15)
Sec. 80-15.
Discontinued departments and offices.
(a) The Department of Energy and Natural Resources, the Department of Mines
and Minerals, the Abandoned Mined Lands Reclamation Council, and the Division
of Water Resources of the Department of Transportation are hereby abolished.
(b) The following offices are abolished: the Director of Energy and Natural
Resources, the Director of Mines and Minerals, and the Assistant Directors of
Mines and Minerals.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
 
(20 ILCS 801/80-20)
Sec. 80-20. Transfer of powers.
(a) Except as otherwise provided in this Act, all of the rights, powers,
and duties vested by law in the Department of Conservation or in any office,
division, or bureau thereof are retained by the Department of Natural
Resources.
All of the rights, powers, and duties vested by law in the Department of
Conservation, or in any office, division, or bureau thereof, pertaining to the
Lincoln Monument are transferred to the Historic Preservation Agency.
(b) Except as otherwise provided in this Act, all of the rights, powers,
and duties vested by law in the Department of Energy and Natural Resources or
in any office, division, or bureau thereof are transferred to the Department of
Natural Resources.
All of the rights, powers, and duties vested by law in the Department of
Energy and Natural Resources, or in any office, division, or bureau thereof,
pertaining to recycling programs and solid waste management, energy
conservation and alternative energy programs, coal development and marketing
programs, and Exxon overcharge matters are transferred to the Department of
Commerce and Community Affairs (now Department of Commerce and Economic Opportunity).
(c) All of the rights, powers, and duties vested by law in the Department of
Mines and Minerals or in any office, division, or bureau thereof are
transferred to the Department of Natural Resources.
(d) All of the rights, powers, and duties vested by law in the Abandoned
Mined Lands Reclamation Council or in any office, division, or bureau thereof
are transferred to the Department of Natural Resources.
(e) All of the rights, powers, and duties vested by law in the Division of
Water Resources of the Department of Transportation or in any office, division,
or bureau thereof are transferred to the Department of Natural Resources.

(Source: P.A. 94-793, eff. 5-19-06.)
 
(20 ILCS 801/80-25)
Sec. 80-25. Transfer of personnel.
(a) Personnel employed by the Department of Conservation to perform
functions that are retained within the Department of Natural Resources shall
continue their service within the renamed Department.
(b) Personnel employed by the Department of Energy and Natural Resources,
the Department of Mines and Minerals, the Abandoned Mined Lands Reclamation
Council, or the Division of Water Resources of the Department of Transportation
to perform functions that are transferred by this Act to the Department of
Natural Resources are transferred to the Department of Natural Resources.
(c) Personnel employed by the Department of Energy and Natural Resources
to perform functions that are transferred by this Act to the Department of
Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) are transferred to the Department of Commerce
and Community Affairs (now Department of Commerce and Economic Opportunity).
(d) Personnel employed by the abolished departments to perform functions
that are not clearly classifiable within the areas referred to in this Section
or who are employed to perform complex functions that are transferred in part
to different departments under this Act shall be assigned and transferred to
appropriate departments by the Director of Natural Resources, in consultation
with the Director of Central Management Services.
(e) The rights of State employees, the State, and its agencies under the
Personnel Code and applicable collective bargaining agreements and retirement
plans are not affected by this Act.

(Source: P.A. 94-793, eff. 5-19-06.)
 
(20 ILCS 801/80-30) (from 20 ILCS 801/35)
Sec. 80-30. Transfer of property.
(a) All books, records, documents, property (real and personal),
unexpended appropriations, and pending business pertaining to the
rights, powers, and duties transferred by this Act from the Department of
Energy and Natural Resources, the Department of Mines and Minerals, the
Abandoned Mined Lands Reclamation Council, and the Division of Water Resources
of the Department of Transportation to the Department of Natural Resources
shall be delivered and transferred to the Department of Natural Resources.
All books, records, documents, property (real and personal), unexpended
appropriations, and pending business pertaining to the rights,
powers, and duties retained from the Department of Conservation by the
Department of Natural Resources shall be retained by the Department of
Natural Resources.
(b) All books, records, documents, property (real and personal),
unexpended appropriations, and pending business pertaining to the rights,
powers, and duties transferred by this Act from the Department of Energy and
Natural Resources to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) shall be
delivered and transferred to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity).
(c) All books, records, documents, property (real and personal), unexpended
appropriations, and pending business pertaining to the rights, powers, and
duties transferred by this Act from the Department of Conservation to the
Historic Preservation Agency shall be delivered and transferred to the Historic
Preservation Agency.

(Source: P.A. 94-793, eff. 5-19-06.)
 
(20 ILCS 801/80-35)
Sec. 80-35. Savings provisions.
(a) The rights, powers, and duties transferred to or retained in the
Department of Natural Resources, the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity), and the Historic Preservation Agency by this Act shall be vested in
and shall be exercised by
them subject to the provisions of this Act.
(b) An act done by a successor department or agency, or an officer or
employee thereof, in the exercise of the rights, powers, and duties transferred
by this Act shall have the same legal effect as if done by the former
department or division or the officers or employees thereof.
(c) The transfer of rights, powers, and duties to the Department of Natural
Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic
Preservation Agency under this Act does not invalidate any previous action
taken by or in respect to any of their predecessor departments or divisions
or their officers or employees.
References to these predecessor departments or divisions or their officers or
employees in any document, contract, agreement, or law shall, in appropriate
contexts, be deemed to refer to the successor department, agency, officer, or
employee.
(d) The transfer of powers and duties to the Department of Natural
Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic
Preservation Agency under this Act does not affect any person's rights,
obligations, or duties, including any civil or criminal penalties applicable
thereto, arising out of those transferred powers and duties.
(e) Whenever reports or notices are now required to be made or given or
documents furnished or served by any person to or upon the departments or
divisions, officers and employees transferred by this Act, they shall be made,
given, furnished, or served in the same manner to or upon the successor
department or agency, officer or employee.
(f) This Act does not affect any act done, ratified, or cancelled, any right
occurring or established, or any action or proceeding had or commenced in an
administrative, civil, or criminal cause before this Act takes effect. Any
such action or proceeding still pending may be prosecuted and continued by the
Department of Natural Resources, the Department of Commerce and Community
Affairs (now Department of Commerce and Economic Opportunity), or the Historic Preservation Agency, as the case may be.
(g) This Act does not affect the legality of any rules that are in force on
the effective date of this Act that have been duly adopted by any of the
agencies reorganized under this Act. Those rules shall continue in effect
until amended or repealed, except that references to a predecessor department
shall, in appropriate contexts, be deemed to refer to the successor department
or agency under this Act.
As soon as practicable after the effective date of this Act, the Department
of Natural Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the
Historic Preservation Agency shall each propose and adopt under the Illinois
Administrative Procedure Act any rules that may be necessary to consolidate and
clarify the rules of their predecessor departments relating to matters
transferred to them under this Act.

(Source: P.A. 94-793, eff. 5-19-06.)
 
(20 ILCS 801/80-40)
Sec. 80-40.
Effect on executive order.
This Act supersedes the
reorganization provided for in Executive Order No. 2 (1995).

(Source: P.A. 89-445, eff. 2-7-96.)
 
(20 ILCS 801/Art. 99 heading)

 
(20 ILCS 801/99-5)
Sec. 99-5.
Severability.
This Act is severable under Section
1.31 of the Statute on Statutes.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)
 
(20 ILCS 801/99-99)
Sec. 99-99.
Effective date.
This Act takes effect July 1, 1995.

(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96.)

Structure Illinois Compiled Statutes