Current through Register Vol. 48, No. 38, September 20, 2024
a) IDNR
will determine if enrollment for Illinois CREP is available based on Illinois
CREP appropriations and availability of Federal CREP. IDNR will post notice of
Illinois CREP availability on the IDNR CREP website.
b) Landowners enrolling acreage in Illinois
CREP shall initiate the enrollment process through their local SWCD office. If
their local SWCD is not participating in Illinois CREP, IDNR will direct the
Landowner to an alternative SWCD.
c) Illinois CREP enrollment shall adhere to
the following timing requirements:
1)
Landowners enrolling acreage in an Illinois CREP Grant of Conservation Right
and Easement Agreement that is subject to a Federal CREP contract enrolled
before May 26, 2021 must execute the Illinois CREP Grant of Conservation Right
and Easement Agreement prior to the termination date of the Federal CREP
contract, unless an extension is granted by IDNR.
2) Landowners enrolling acreage in an
Illinois CREP Grant of Conservation Right and Easement Agreement that is
subject to a new Federal CREP contract after May 26, 2021 must execute the
Illinois CREP Grant of Conservation Right and Easement Agreement within 18
months of execution of the Federal CREP contract, unless an extension is
granted by FSA.
3) Landowners
enrolling acreage in an Illinois CREP Grant of Conservation Right and Easement
Agreement that is subject to an expired Federal CREP contract enrolling
acreage, but is under an existing 15-year or 35-year Illinois CREP Grant of
Conservation Right and Easement Agreement, have the following options:
A) Landowners may request a subsequent
15-year Illinois CREP Grant of Conservation Right and Easement Agreement within
the last 18 months of an existing Illinois CREP Grant of Conservation Right and
Easement Agreement.
B) Landowners
may request the conversion of an existing Illinois CREP Grant of Conservation
Right and Easement Agreement to a permanent Illinois CREP Grant of Conservation
Right and Easement Agreement at any time.
d) IDNR or the associated SWCD shall assist
the Landowner and conduct the enrollment process. Illinois CREP enrollment
forms are available on the IDNR CREP website. A complete Illinois CREP
enrollment application shall include the following:
1) Signed Illinois CREP enrollment
application form;
2) Current
Federal CREP Contract (CRP-1) and Federal CREP Worksheet (CRP-2C), if
applicable;
3) Current Illinois
CREP Grant of Conservation Right and Easement Agreement, if
applicable;
4) Property
identification information, including aerial photo or satellite imaging
depicting the Federal CREP acreage; Illinois CREP Acreage; Additional Acres;
and site access routes;
5)
Deed;
6) Property tax
bills;
7) Letter of commitment for
grant of ingress/egress, if applicable;
8) Power of Attorney, if
applicable;
9) Current Federal
Conservation Plan or Schedule of Operation or an Illinois Conservation
Management Plan; and
10) Any
additional or clarifying information that may be requested by IDNR.
e) The Illinois CREP enrollment
application will be submitted to the Technical Review Team.
1) The Technical Review Team shall conduct an
initial review of the enrollment application to:
A) Determine if all required documents have
been submitted;
B) Determine if the
proposed Illinois CREP Acreage meets all eligibility requirements of Section
1515.20;
and
C) Assign an application
receipt date and enrollment number.
2) The initial review may result in:
A) Approval of the enrollment application for
further evaluation;
B) Suggested
changes in the application; or
C)
Denial of the enrollment application with the basis or reasoning for the
denial.
3) Upon approval
of the enrollment application for further evaluation, the Technical Review Team
shall conduct a technical review and negotiate terms of a proposed Illinois
CREP Grant of Conservation Right and Easement Agreement to:
A) Document field conditions of the property,
such as the presence of permanent structures, waste dumps, and other uses or
conditions;
B) Analyze or review
any new information obtained by the field review or other sources;
C) Prepare a preliminary Illinois
Conservation Management Plan of the proposed acreage; and
D) Negotiate the following terms of the
proposed Illinois CREP Grant of Conservation Right and Easement Agreement:
i) Specific acres to be enrolled;
ii) The Illinois CREP payment rate for the
acres to be enrolled (see Section
1515.50);
iii) Estimated Illinois CREP Grant of
Conservation Right and Easement Agreement payment;
iv) Estimated Illinois CREP cost-share
payment, if any; and
v) Preliminary
Illinois Conservation Management Plan.
4) Upon completion of the technical review
and negotiation of the proposed Illinois CREP Grant of Conservation Right and
Easement Agreement, the Technical Review Team may:
A) Approve the enrollment application for
further processing of the proposed Illinois CREP Acreage, as identified;
or
B) Deny the enrollment
application, with the basis and reasoning for the denial.
f) The Landowner will be provided
with a preliminary draft of the proposed Illinois CREP Grant of Conservation
Right and Easement Agreement reflecting the negotiated terms.
1) If the Landowner approves of the
preliminary draft, the Landowner shall provide the approval using a form
provided by IDNR.
2) If the
Landowner cancels or withdraws from the Illinois CREP enrollment process after
providing written approval of the preliminary draft, but prior to the closing
on the Illinois CREP Grant of Conservation Right and Easement Agreement, the
Landowner shall be required to pay costs incurred by the SWCD and IDNR after
the date of approval. These costs include: administrative costs for meetings
and field visits; costs associated with completing Illinois CREP documents and
executing the Illinois CREP Grant of Conservation Right and Easement Agreement;
attorney fees; survey expenses; title work; and other SWCD costs. IDNR will
send written notice to the Landowner requesting payment with a summary of the
costs incurred from the written approval date through the date of cancellation
or withdrawal.
g) IDNR
will confirm the necessary title and land rights for the purchase of the
Illinois CREP Grant of Conservation Right and Easement Agreement.
1) IDNR or SWCD and the Landowner shall
address, if necessary, the following property issues including:
A) Title commitments and title insurance
policies;
B) Mortgage
subordinations, if applicable;
C)
Survey of proposed acreage, if IDNR determines a survey is necessary;
and
D) Any other appropriate
property issues.
2) If
IDNR determines that any condition of the property or its title is incompatible
with the proposed Illinois CREP requirements, IDNR will notify the SWCD and the
Landowner and suspend the Illinois CREP enrollment process until the
incompatible condition of the property or in the property title is resolved. If
the incompatible condition cannot be resolved on a timely basis, IDNR may
terminate the enrollment process, with notice to the SWCD and the
Landowner.
h) Upon IDNR
approval of the necessary title and land rights, the SWCD or IDNR and the
Landowner will close on the purchase of the Illinois CREP Grant of Conservation
Right and Easement Agreement. All executed Illinois CREP Grant of Conservation
Right and Easement Agreement shall be recorded with the local County
Recorder.
i) If, at any time during
the enrollment process set forth in this Section, IDNR determines that
insufficient funds are available to complete the purchase of an Illinois CREP
Grant of Conservation Right and Easement Agreement, IDNR or the SWCD will
notify the Landowner of this situation and the enrollment process shall be
delayed until sufficient funding becomes available. Should an enrollment
process be delayed for lack of sufficient funds, the Landowner may elect to
wait for sufficient funding or elect to terminate the enrollment process at no
cost to the Landowner.
