TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.100 PURPOSE OF RULES
Section 4180.100 Purpose of
Rules
a) To set forth the practice and procedures to be followed by the
Illinois Department of Natural Resources and all other State agencies in
reviewing the effect of State agency undertakings on historic resources;
b) To establish procedures to facilitate inter-agency activities;
and
c) To establish procedures to allow public access to the review
process.
 | TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.110 DEFINITIONS
Section 4180.110 Definitions
a) Words
shall have the meaning as defined in the Illinois State Agency Historic
Resources Preservation Act [20 ILCS 3420], hereinafter referred to as "the
Act".
b) "Area of Potential Effects". The Area of Potential
Effects includes the geographical area or areas within which an undertaking
will cause changes in the character or use of historic properties.
c) "Director" as used herein shall mean the Director of
the Department of Natural Resources or their designee.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.120 INCORPORATIONS BY REFERENCE
Section 4180.120
Incorporations by Reference
a) The definition and interpretation of criteria for the National
Register of Historic Places as found in Section 101 of the National Historic
Preservation Act of 1966 (16 U.S.C. 470) and its implementing regulations (36
CFR 60).
b) The interpretation for the criteria of adverse effect and the
definition of "no adverse effect" as found in Section 106 of the
National Historic Preservation Act (16 U.S.C. 470) and its implementing
regulations, "Protection of Historic Properties" (36 CFR 800).
c) Minimum professional standards of education and experience for
qualified professionals for purposes of conducting activities in compliance
with this Act as found in the National Historic Preservation Act (16 U.S.C.
470) and its implementing regulations (36 CFR 61, Appendix A).
d) Minimum professional standards for archaeological surveys and
evaluation are provided in "Guidelines For Archeological Consultants and
Reconnaissance Surveys and Reports", Illinois Historic Preservation
Agency, revised June 1991. This document is available from the Department of
Natural Resources, One Natural Resources Way, Springfield, Illinois 62702.
e) Minimum standards for documentation to be provided in
compliance with the Act can be found in "Archaeology and Historic
Preservation; Secretary of the Interior's Standards and Guidelines";
Federal Register, Vol. 48, N. 190, pp. 44716-44742.
f) The
depiction of "high probability areas" on county maps as produced
according to the criteria in 20 ILCS 3420/6 by the Illinois State Museum from
data maintained in the Illinois Geographical Information System as of July 1,
1992. The maps are maintained and available for inspection by the public at
the offices of the Illinois Department of Natural Resources, One Natural
Resources Way, Springfield, IL 62702 and at the Illinois State Museum
Collection Center, Department of Anthropology, 1920 10½ Street, Springfield,
62703. Copies may be obtained from the Illinois State Museum Collection
Center, Department of Anthropology.
(Source: Amended at 17 Ill. Reg. 1521, effective January 25, 1993)
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.130 APPLICABILITY
Section 4180.130
Applicability
These rules apply to all State
agency undertakings as defined in Section 3(f) of the Act exclusive of those
exempted by Section 4(g) of the Act.
SUBPART B: REVIEW PROCEDURES
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.200 NOTICE OF UNDERTAKING
Section 4180.200 Notice of
Undertaking
a) As early in the planning process as possible, written notice
pursuant to Section 4(a) of the Act shall be delivered to the Illinois Department
of Natural Resources. The written notice shall include, at a minimum:
1) a brief description of the proposed undertaking, including
identification of State agency involvement;
2) a map and other description of the location of the proposed
undertaking as appropriate, including known prior land uses; and
3) current photographs of all structures above ground within the
Area of Potential Effects, any history generally known about the area or known
previous surveys.
b) If the Director determines within thirty (30) calendar days
that no resources will be affected, he will so inform the Department of Natural
Resources, and the project may proceed.
c) If the Department of Natural Resources chooses, initial notice
of a project may include documentation required under Section 4180.250. In
this instance, the Director will combine the review periods pursuant to Section
4180.200(b) and Section 4180.250(b).
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.250 IDENTIFICATION OF HISTORIC RESOURCES
Section 4180.250
Identification of Historic Resources
a) If the Director does not issue a no effect finding within 30
days after receipt of the notice for the undertaking, the Director will consult
with the State agency to determine the documentation necessary to identify and
evaluate historic resources within the Area of Potential Effects. Documentation
requirements may include, but is not limited to, archaeological surveys and
testing, historic surveys, detailed histories of individual structures, and
proposed architectural plans. The Director may require an on-site inspection
by qualified professionals or appropriate staff to determine presence of
historic resources. During documentation consultation, the Director will make
available to the State agency such lists and maps as are available at the
office of the Department of Natural Resources.
b) If the Director determines that no historic resources as
defined in Section 3(c) of the Act exist within the Area of Potential Effects,
he will notify the agency within thirty (30) calendar days after receipt of
complete documentation (i.e., sufficient documentation to apply the criteria of
the National Register of Historic Places). The agency will then have complied
with the law and may proceed with the undertaking.
c) If the Director determines that historic resources as defined
in Section 3(c) of the Act exist within the Area of Potential Effects, he will
notify the State agency within thirty (30) calendar days after receipt of
complete documentation and inform the agency of the likelihood of an adverse
effect.
d) The State agency may proceed with an undertaking if no
response is received from the Illinois Department of Natural Resources within
forty five (45) calendar days after date of completed documentation.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.300 DETERMINATION OF EFFECT
Section 4180.300
Determination of Effect
a) The Director shall apply the criteria of adverse effect as
defined in Section 3(d) of the Act and deliver his conclusion to the State
agency.
b) The Director may conclude that no effect or no adverse effect
will occur based on the documentation submitted by the State agency. In these
instances, upon receipt of written notice to that effect from the Department of
Natural Resources, the State agency will have fulfilled its responsibilities
pursuant to the Act. In some cases, the Director may issue a no adverse effect
finding with conditions. In this case, the State agency will fulfill its
responsibilities pursuant to the Act by meeting the conditions and notifying
the Director in writing.
c) If the Director concludes, in consultation with the State
agency, that an adverse effect exists, the State agency shall initiate the
consultation process outlined in Section 4180.350.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.350 CONSULTATION PROCESS FOR ADVERSE EFFECTS
Section 4180.350
Consultation Process for Adverse Effects
a) To initiate the consultation process, the Director and the
State agency shall consult to determine such further investigation of various
alternatives as is necessary to determine all feasible and prudent alternatives
to the undertaking as originally proposed in order to avoid, minimize or
mitigate the identified adverse effects.
b) In addition to the State agency and the Department of Natural
Resources, consulting parties may include State agencies, local governments,
local not-for-profit groups and other parties of interest as agreed to by the
State agency and the Director. The State agency and the Director may agree to
call a public information meeting to obtain public comment concerning the
proposed undertaking and its effects on historic resources pursuant to Section
4180.450.
c) After consideration of the information collected during the
consulting process, if the State agency and the Director agree upon a feasible
and prudent alternative which eliminates the adverse effect, the Director shall
conclude that there is no adverse effect and, upon receipt of written notice to
that effect from the Department of Natural Resources, the State agency will
have fulfilled its responsibilities under the Act.
d) After consideration of the information collected during the
consulting process, if the State agency and the Director agree upon a feasible
and prudent alternative which minimizes or mitigates the adverse effect, or if
they determine that there are no feasible and prudent alternatives, the
Director shall execute a Memorandum of Agreement as provided in Section 4(d) of
the Act within thirty (30) calendar days. Other consulting parties shall have
the opportunity to concur with the Agreement if they will be responsible for
carrying out any of the terms specified in the agreement. Upon ratification of
the Memorandum of Agreement and carrying out its terms, the State agency will
have fulfilled its responsibilities under the Act.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.400 FAILURE TO AGREE
Section 4180.400 Failure to
Agree
If the State agency and the
Director fail to agree upon the existence of a feasible and prudent alternative
and cannot execute a Memorandum of Agreement, the State agency shall call a
public meeting pursuant to Section 4(e) of the Act. The purpose of the public
meeting is to solicit the opinions and recommendations of national, State and
local units of government, public and private organizations, and private
individuals. Public meetings shall be carried out pursuant to Section
4180.450.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.450 PUBLIC MEETING
Section 4180.450 Public
Meeting
a) The State agency shall give notice of a public meeting at
least thirty (30) calendar days before the date of the public meeting. Notice
shall be placed in a newspaper of general circulation in the area in which the
proposed undertaking is to occur. The notice shall include the following
information:
1) The date, time, and place of the public meeting;
2) The purpose of the public meeting;
3) A description of the undertaking;
4) A description of the resources involved; and
5) The procedure for offering written or oral testimony.
b) The State agency shall designate an officer to conduct the
public meeting and shall be responsible for recording the proceedings and
providing a written transcript which shall be delivered to the Director within
seven (7) calendar days after the public meeting. The written transcript shall
also be made available to the public by the State agency in accordance with the
Freedom of Information Act (5 ILCS 140). The Director or his designee shall
attend the public meeting. If the Director and the State agency agree that the
purposes of the Act will be served, the agency may include consideration of
historic resources within their existing public hearing procedures.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.500 MEDIATION COMMITTEE APPOINTMENT AND PROCEDURES
Section 4180.500 Mediation
Committee Appointment and Procedures
a) The Director shall appoint five persons to serve on the
Historic Preservation Mediation Committee pursuant to Sections 4(e) and (f) of
the Act. The Director shall serve as Chairman of the Committee. The Committee
shall have the power to write By-Laws and Rules governing operation. The Department
shall provide education and staff support necessary to conduct business.
Members shall serve without compensation but shall have expenses reimbursed by Department.
b) If, within fourteen (14) calendar days after the public
meeting, the State agency and Director fail to agree, the State agency shall
submit documentation to the Committee as specified in Section 4(e) of the Act.
The document shall contain, at a minimum:
1) Description of the proposed undertaking;
2) Description of the resources affected;
3) Alternatives considered and reasons for their rejection; and
4) A written transcript of the public meeting.
c) The Committee shall meet pursuant to Section 4(f) of the Act
and provide its findings or comments to the State agency within thirty (30)
calendar days after receipt of this documentation. The State agency shall
implement the undertaking in accordance with comments of the Committee or
respond in writing prior to proceeding with the undertaking concerning the
reasons why implementation of the Committee's findings or comments is not
prudent or feasible.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.550 EMERGENCY UNDERTAKINGS
Section 4180.550 Emergency
Undertakings
a) An emergency undertaking is an action by a State agency
necessary to prevent an imminent threat to property or public health or
safety. Such an undertaking shall be considered an emergency if the action
must be implemented within thirty (30) calendar days, usually due to a natural
disaster or emergency declared by the Governor or a local government's chief
elected official. In such instances, the State agency shall informally consult
with Department of Natural Resources staff to the extent practical to explain
reasons for declaring the emergency and take into account Department of Natural
Resources recommendations.
b) As soon as possible after taking the action, the State agency
shall report to the Director concerning the reasons for the emergency action
taken, including impacts on historic resources and measures taken to mitigate
adverse impacts.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.600 CATEGORICAL NO EFFECTS
Section 4180.600 Categorical
No Effects
The State agency and the
Director may enter into a written agreement stating that a repetitive
undertaking or a certain class of undertakings shall have no effect on historic
resources, thereby waiving the requirement for review of each action covered by
the agreement. To qualify, a State agency shall assign a staff person to carry
out the terms of such agreement. Such agreements shall be subject to review
for amendment or revision. Examples include: minor sewer rehabilitation,
in-kind bridge repair, licensing private wells, and highway maintenance.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.650 PROGRAMMATIC AGREEMENTS
Section 4180.650
Programmatic Agreements
The State agency and the
Director may enter into a written agreement stating that a repetitive
undertaking or certain class of undertakings or a large complex undertaking may
have an adverse effect on historic resources and may detail the measures to be undertaken
to minimize or mitigate the adverse effects programmatically. Such agreements
are appropriate when adverse effects to specific resources are anticipated but
unknown at the time consultation occurs. Such agreements shall be for a
specified period of time and shall be subject to review for amendment or
revision. Examples include: major land acquisitions, routine maintenance at
State-owned complexes, master management plans or statewide loan programs
involving similar work items.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.700 FORECLOSURE
Section 4180.700 Foreclosure
If the State agency fails to
notify the Director of an undertaking in accordance with Section 4(a) of the
Act, the Director shall advise a State agency that the State agency has not
afforded the Department of Natural Resources a reasonable opportunity to comment.
If the State agency objects to this finding, the Director shall consider
consultation concluded and initiate Sections 4(e) and (f) of the Act.
| TITLE 17: CONSERVATION
CHAPTER VI: DEPARTMENT OF NATURAL RESOURCES
PART 4180
RULES FOR REVIEW OF STATE AGENCY UNDERTAKINGS
SECTION 4180.750 RESOURCES DISCOVERED DURING UNDERTAKING IMPLEMENTATION
Section 4180.750 Resources
Discovered During Undertaking Implementation
When the State agency has fully
complied with the Act and finds resources during the implementation of the
project not subject to treatment in a previously executed agreement or other
finding by the Director, the State agency shall cease, or cause to stop, any
activity having an effect on the resource and consult with the Director to
determine a treatment plan for any historic resources affected by the
undertaking. If the State agency and the Director cannot agree upon a
treatment plan, the matter shall be brought before the Mediation Committee
within fourteen (14) calendar days for immediate resolution. Portions of the
project not affecting the discovered resources may proceed.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
