Illinois Compiled Statutes
Chapter 525 - CONSERVATION
525 ILCS 35/ - Open Space Lands Acquisition and Development Act.

(525 ILCS 35/1) (from Ch. 85, par. 2101)
Sec. 1.

This Act shall be known and may be cited as the Open Space Lands Acquisition and Development Act.

(Source: P.A. 83-722.)

(525 ILCS 35/2) (from Ch. 85, par. 2102)
Sec. 2.

As used in this Act, unless the context otherwise requires, the terms
defined in the Sections following this Section and preceding Section 3 have the meanings ascribed to them in
those Sections.

(Source: P.A. 97-333, eff. 8-12-11.)

(525 ILCS 35/2.01) (from Ch. 85, par. 2102.01)
Sec. 2.01.

"Applicant" means a local government that files an application for grant
under this Act.

(Source: P.A. 78-938.)

(525 ILCS 35/2.02) (from Ch. 85, par. 2102.02)
Sec. 2.02.
"Director" means the Director of Natural Resources.

(Source: P.A. 89-445, eff. 2-7-96.)

(525 ILCS 35/2.03) (from Ch. 85, par. 2102.03)
Sec. 2.03.
"Department" means the Department of Natural Resources.

(Source: P.A. 89-445, eff. 2-7-96.)

(525 ILCS 35/2.04) (from Ch. 85, par. 2102.04)
Sec. 2.04.

"Local government" includes counties, townships, municipalities, park
districts, conservation districts, forest preserve districts, river
conservancy districts and any other unit of local government empowered to
expend public funds for the acquisition and development of land for
public outdoor park, recreation or
conservation purposes.

(Source: P.A. 84-109.)

(525 ILCS 35/2.05) (from Ch. 85, par. 2102.05)
Sec. 2.05.

"Project" means a proposal for the acquisition of open space
lands or for the capital development of park, recreation or
conservation areas by a local government.

(Source: P.A. 84-771.)

(525 ILCS 35/3) (from Ch. 85, par. 2103)
Sec. 3. From appropriations made from the Capital Development Fund,
Build Illinois Bond Fund or other
available or designated funds for such
purposes, the Department shall make grants to local governments as
financial assistance for the capital
development and improvement of park, recreation or conservation
areas, marinas and shorelines, including planning and engineering costs, and for the
acquisition of open space lands, including
acquisition of easements and other property interests less than fee simple
ownership if the Department determines that such property
interests are sufficient to carry out the purposes of this Act, subject to
the conditions and limitations set forth in this Act.
No more than 10% of the amount so appropriated for any fiscal year may
be committed or expended on any one project described in an application
under this Act.
Except for grants awarded from new appropriations in fiscal year 2023, any grant under this Act to a local government shall be conditioned upon
the state providing assistance on a 50/50 matching basis for the acquisition
of open space lands and for capital development
and improvement proposals. However, a local government defined as "distressed" under criteria adopted by the Department through administrative rule shall be eligible for assistance up to 90% for the acquisition
of open space lands and for capital development
and improvement proposals, provided that no more than 10% of the amount appropriated under this Act in any fiscal year is made available as grants to distressed local governments. For grants awarded from new appropriations in fiscal year 2023 only, a local government defined as "distressed" is eligible for assistance up to 100% for the acquisition of open space lands and for capital development and improvement proposals. The Department may make more than 10% of the amount appropriated in fiscal year 2023 available as grants to distressed local governments.
An advance payment of a minimum of 50% of any grant made to a unit of local government under this Act must be paid to the unit of local government at the time the Department awards the grant. A unit of local government may opt out of the advanced payment option at the time of the award of the grant. The remainder of the grant shall be distributed to the local government quarterly on a reimbursement basis. The Department shall consider an applicant's request for an extension to a grant under this Act if (i) the advanced payment is expended or legally obligated within the 2 years required by Section 5 of the Illinois Grant Funds Recovery Act or (ii) no advanced payment was made.
(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22.)

(525 ILCS 35/4) (from Ch. 85, par. 2104)
Sec. 4.

Any local government may apply to the Department for a grant under this
Act. An application must be in writing and contain a narrative description
of the project, the legal description of the open lands to be acquired
or used for the capital development project, a
current appraisal showing the fair market value of those lands to be acquired,
the project
cost, identification of a source of continuous funding sufficient to maintain
the new facilities to be created by capital development, the amount of
the project cost the applicant proposes to provide and
such other information as the Department reasonably requires.

(Source: P.A. 84-109.)

(525 ILCS 35/5) (from Ch. 85, par. 2105)
Sec. 5.

In considering applications for grants under this Act, the Department
shall give priority to projects which will provide the greatest benefit to the
residents of the areas of the State which have the highest concentration or
density of population, which are based upon criteria established by the
Department which reflect outdoor recreation needs and priorities identified
through the Statewide Comprehensive Outdoor Recreation Plan (SCORP) Program
carried out by the Department, or which are located in flood plain areas.
The total amount of grants made for any fiscal year may not exceed the
amount of the appropriation for grants made for that fiscal year.

(Source: P.A. 84-109.)

(525 ILCS 35/6) (from Ch. 85, par. 2106)
Sec. 6.

The Department shall consider all applications for grants for a fiscal
year before awarding any grants for that year. No consideration shall be
given for that fiscal year to an application that has not been timely
filed. If an application does not describe a project that is compatible
with the purposes of this Act, the Department shall deny that application.
The Department shall evaluate those applications that have been timely
filed and have been approved as being compatible with the purposes of this
Act and, subject to the limits established by Section 3, list in order of
priority the applicant, project and dollar amount of each grant recommended
to be awarded. The Department shall also indicate on the priority listing
of approved projects the last grant which may be paid during that fiscal
year because of the limit of moneys appropriated for grants for that fiscal
year.

(Source: P.A. 84-109.)

(525 ILCS 35/7) (from Ch. 85, par. 2107)
Sec. 7.

Within 30 days after completing its consideration of applications for
grants for a fiscal year, the Department shall notify each applicant of the
disposition made of its application. The Department shall, in addition, direct the
payment of grants to those applicants whose projects have been approved and
have been assigned a priority within the limits of the amounts appropriated
for grants for that fiscal year.

(Source: P.A. 84-109.)

(525 ILCS 35/9) (from Ch. 85, par. 2109)
Sec. 9.

The Department shall promulgate rules and regulations to effectuate the
purposes of this Act.

(Source: P.A. 84-109.)

(525 ILCS 35/10) (from Ch. 85, par. 2110)
Sec. 10.

This Act takes effect July 1, 1973 or upon becoming a law, whichever is
later.

(Source: P.A. 78-938.)

(525 ILCS 35/11) (from Ch. 85, par. 2111)
Sec. 11.

Progress reports on the implementation and development of this Act shall
be filed annually with the Governor and the General Assembly. Such
reports shall include a statement of goals and
objectives and such quantifiable support documentation as expenditures,
allocation of funds by location, including such performance and measurement
criteria sufficient to enable the General Assembly to properly evaluate and
review program effectiveness.

(Source: P.A. 84-109.)

(525 ILCS 35/13) (from Ch. 85, par. 2113)
Sec. 13.

There is hereby created in the State Treasury the Open Space
Lands Acquisition and Development Fund. The fund shall be used by the
Department to make grants to local governments in the manner and for the
purposes described in Section 3.

(Source: P.A. 86-925.)

(525 ILCS 35/14) (from Ch. 85, par. 2114)
Sec. 14.

There is hereby created in the State Treasury the Natural
Areas Acquisition Fund. The fund shall be used by the Department for the
acquisition, preservation and stewardship of natural areas, including
habitats for endangered and threatened species, high quality natural
communities, wetlands, and other areas with unique or unusual natural
heritage qualities.

(Source: P.A. 86-925.)