Bill Text: IL HB1855 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Illinois Forestry Development Act. In a provision regarding a forest development cost share program under the Department of Natural Resources, provides that cost share payments shall not exceed the amount appropriated for such purposes. Provides that the Department shall create by administrative rule the criteria used to evaluate and approve cost share payment requests, with certain requirements. Provides that, starting in 2025, the Department shall file a report to the General Assembly on or before March 1 of each year with certain information. Provides that payments made under certain provisions relating to a forest development cost share program are not subject to the Grant Accountability and Transparency Act. Makes conforming changes to the Grant Accountability and Transparency Act. Effective immediately.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed) 2024-04-26 - Alternate Chief Sponsor Changed to Sen. Andrew S. Chesney [HB1855 Detail]

Download: Illinois-2023-HB1855-Engrossed.html

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AN ACT concerning conservation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Grant Accountability and Transparency Act
is amended by changing Section 45 as follows:
(30 ILCS 708/45)
Sec. 45. Applicability.
(a) Except as otherwise provided in this Section, the
requirements established under this Act apply to State
grant-making agencies that make State and federal pass-through
awards to non-federal entities. These requirements apply to
all costs related to State and federal pass-through awards.
The requirements established under this Act do not apply to
private awards, to allocations of State revenues paid over by
the Comptroller to units of local government and other taxing
districts pursuant to the State Revenue Sharing Act from the
Local Government Distributive Fund or the Personal Property
Tax Replacement Fund, to allotments of State motor fuel tax
revenues distributed by the Department of Transportation to
units of local government pursuant to the Motor Fuel Tax Law
from the Motor Fuel Tax Fund or the Transportation Renewal
Fund, or to awards, including capital appropriated funds, made
by the Department of Transportation to units of local

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government for the purposes of transportation projects
utilizing State funds, federal funds, or both State and
federal funds. This Act shall recognize that federal and
federal pass-through awards from the Department of
Transportation to units of local government are governed by
and must comply with federal guidelines under 2 CFR Part 200.
The changes made by this amendatory Act of the 102nd
General Assembly apply to pending actions as well as actions
commenced on or after the effective date of this amendatory
Act of the 102nd General Assembly.
(a-5) Nothing in this Act shall prohibit the use of State
funds for purposes of federal match or maintenance of effort.
(b) The terms and conditions of State, federal, and
pass-through awards apply to subawards and subrecipients
unless a particular Section of this Act or the terms and
conditions of the State or federal award specifically indicate
otherwise. Non-federal entities shall comply with requirements
of this Act regardless of whether the non-federal entity is a
recipient or subrecipient of a State or federal pass-through
award. Pass-through entities shall comply with the
requirements set forth under the rules adopted under
subsection (a) of Section 20 of this Act, but not to any
requirements in this Act directed towards State or federal
awarding agencies, unless the requirements of the State or
federal awards indicate otherwise.
When a non-federal entity is awarded a cost-reimbursement

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contract, only 2 CFR 200.330 through 200.332 are incorporated
by reference into the contract. However, when the Cost
Accounting Standards are applicable to the contract, they take
precedence over the requirements of this Act unless they are
in conflict with Subpart F of 2 CFR 200. In addition, costs
that are made unallowable under 10 U.S.C. 2324(e) and 41
U.S.C. 4304(a), as described in the Federal Acquisition
Regulations, subpart 31.2 and subpart 31.603, are always
unallowable. For requirements other than those covered in
Subpart D of 2 CFR 200.330 through 200.332, the terms of the
contract and the Federal Acquisition Regulations apply.
With the exception of Subpart F of 2 CFR 200, which is
required by the Single Audit Act, in any circumstances where
the provisions of federal statutes or regulations differ from
the provisions of this Act, the provision of the federal
statutes or regulations govern. This includes, for agreements
with Indian tribes, the provisions of the Indian
Self-Determination and Education and Assistance Act, as
amended, 25 U.S.C. 450-458ddd-2.
(c) State grant-making agencies may apply subparts A
through E of 2 CFR 200 to for-profit entities, foreign public
entities, or foreign organizations, except where the awarding
agency determines that the application of these subparts would
be inconsistent with the international obligations of the
United States or the statute or regulations of a foreign
government.

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(d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
different types of awards. The same applicability applies to
this Act.
(e) (Blank).
(f) For public institutions of higher education, the
provisions of this Act apply only to awards funded by federal
pass-through awards from a State agency to public institutions
of higher education. This Act shall recognize provisions in 2
CFR 200 as applicable to public institutions of higher
education, including Appendix III of Part 200 and the cost
principles under Subpart E.
(g) Each grant-making agency shall enhance its processes
to monitor and address noncompliance with reporting
requirements and with program performance standards. Where
applicable, the process may include a corrective action plan.
The monitoring process shall include a plan for tracking and
documenting performance-based contracting decisions.
(h) Notwithstanding any provision of law to the contrary,
grants awarded from federal funds received from the federal
Coronavirus State Fiscal Recovery Fund in accordance with
Section 9901 of the American Rescue Plan Act of 2021 are
subject to the provisions of this Act, but only to the extent
required by Section 9901 of the American Rescue Plan Act of
2021 and other applicable federal law or regulation.
(i) Payments and agreements made pursuant to Section 5 of
the Illinois Forestry Development Act are not subject to the

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provisions of this Act.
(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff.
6-10-22.)
Section 10. The Illinois Forestry Development Act is
amended by changing Section 5 as follows:
(525 ILCS 15/5) (from Ch. 96 1/2, par. 9105)
Sec. 5. A forest development cost share program is created
and shall be administered by the Department of Natural
Resources.
A timber grower who desires to participate in the cost
share program shall devise a forest management plan. To be
eligible to submit a proposed forest management plan, a timber
grower must own or operate at least 10 contiguous acres of land
in this State on which timber is produced, except that, no acre
on which a permanent building is located shall be included in
calculations of acreage for the purpose of determining
eligibility. Timber growers with Department approved forest
management plans covering less than 10 acres in effect on or
before the effective date of this amendatory Act of the 96th
General Assembly shall continue to be eligible under the
Illinois Forestry Development Act provisions. The proposed
forest management plan shall include a description of the land
to be managed under the plan, a description of the types of

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timber to be grown, a projected harvest schedule, a
description of forest management practices to be applied to
the land, an estimation of the cost of such practices, plans
for afforestation, plans for regenerative harvest and
reforestation, and a description of soil and water
conservation goals and wildlife habitat enhancement which will
be served by implementation of the forest management plan.
Upon receipt from a timber grower of a draft forest
management plan, the Department shall review the plan and, if
necessary, assist the timber grower to revise the plan. The
Department shall officially approve acceptable plans. Forest
management plans shall be revised as necessary and all
revisions must be approved by the Department. A plan shall be
evaluated every 2 years for reapproval.
The eligible land shall be maintained in a forest
condition for a period of 10 years or until commercial
harvest, whichever last occurs, as required by the plan.
The Department shall enter into agreements with timber
growers with approved forest management plans under which the
Department shall agree to pay a share of the total cost of
acceptable forest management plans and practices implemented
under the plan. The cost share amount is up to 80% of the total
cost of the forest management practices for such practices
approved to be funded from monies appropriated for this
purpose for subsequent fiscal years. Cost share funds shall be
paid from monies appropriated to the Department by the General

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Assembly for that purpose from the Illinois Forestry
Development Fund or any other fund in the State Treasury.
These cost share payments shall not exceed the amount
appropriated for such purposes. The Department shall create by
administrative rule the criteria used to evaluate and approve
cost share payment requests, including what forest management
practices shall be prioritized for payment. Payments shall
only be made after approved practices have been completed and
written documentation is provided to the Department showing
the total amount paid by the landowner for such practice.
Starting in 2025, the Department shall file a report in
writing to the General Assembly on or before March 1 of each
year with the following information from the preceding year:
the total number of agreements entered into pursuant to this
Section, the total amount of payments made pursuant to this
Section from the Illinois Forestry Development Fund, and the
total number of acres that were affected by said payments.
Payments and agreements made pursuant to this Section are not
subject to the Grant Accountability and Transparency Act.
The Department, upon recommendations made to it by the
Council, may provide for the categorization of forest
management practices and determine an appropriate cost share
percentage for each such category. Forest management practices
submitted by timber growers on whose timber sales fees of 4% of
the sale amount were paid as provided in Section 9a of the
"Timber Buyers Licensing Act", approved September 1, 1969, may

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be accorded a priority for approval within the assigned
category. Such timber growers may receive a cost share amount
which is increased above the amount for which they would
otherwise qualify by an amount equal to the fees paid by the
timber grower on sales occurring in the 2 fiscal years
immediately preceding the fiscal year in which the forest
management practices are approved and funded; provided,
however, that the total cost share amount shall not exceed the
total cost of the approved forest management practices.
Upon transfer of his or her right and interest in the land
or a change in land use, the timber grower shall forfeit all
rights to future payments and other benefits resulting from an
approved plan and shall refund to the Department all payments
received therefrom during the previous 10 years unless the
transferee of any such land agrees with the Department to
assume all obligations under the plan.
(Source: P.A. 96-217, eff. 8-10-09; 96-545, eff. 8-17-09.)