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Prairie State? Protecting Illinois' remaining grasslands and green spaces has become an effort

Though it was nicknamed the "Prairie State" in 1842, Illinois has lost most of its natural prairie to development. Efforts to preserve Illinois' remaining grasslands and green spaces, and to protect wildlife and promote recreation, began attracting major state dollars two decades ago. But maintaining that commitment has become a preservation effort in and of itself. 

Last year, grassroots groups helped protect special state funds created to acquire and preserve open space and natural areas. This spring, legislators are once again faced with proposals that rely on tapping those funds to fill holes in the state's general budget. And, though preservation efforts appear to enjoy statewide support, advocates are suggesting that conservation and recreation funding may need long-term protections against state budget-makers who are facing sagging revenues in the short-term.

In 2004, Gov. Rod Blagojevich saw conservation dollars as one solution to a state deficit of more than $2 billion. He proposed a one-year "holiday" for the open space and natural areas initiatives. The programs are not without merit, the governor told lawmakers. "But in a year when the economy is struggling — a year where you have to make tough choices — to us, we think a holiday is reasonable, and it will save us $34 million."

Those savings would have been deposited in the state's main checkbook, depleting the Open Space Lands Acquisition and Development Fund and the Natural Areas Acquisition Fund, which were created to foster recreational areas and save green space. 

More than 140 conservancy groups protested the plan, questioning its constitutionality and arguing that a one-year funding break would result in an unrecoverable loss of land. Sen. Pamela Althoff, a McHenry Republican, took up those concerns, pushing for a change in state law guaranteeing that money paid into the open space and natural areas funds could not be tapped when the state has trouble paying its bills. The conservation dollars, which are derived from a portion of the state tax on real estate transfers, should not be used to backfill unrelated budget shortfalls, Althoff argues. 

"I just feel very strongly that when individuals agree to a tax, it just is an accountability measure to make sure that those dollars are being used for what we promised."

Bipartisan support in both chambers ultimately rebuffed the transfer of the funds, but legislators didn't buttress the funds against future onslaughts. And as lawmakers begin crafting a budget for the fiscal year that begins in July, open space and conservation dollars are again being eyed for other purposes.

The Open Space Lands Acquisition and Development Program, which allows local governments to build playgrounds, basketball courts and nature preserves, typically awards some $20 million in state grants each year. The Natural Areas Acquisition Program spends about $5 million a year purchasing and preserving natural areas that are often home to endangered species.

The accounts that bankroll the program are among some 350 dedicated funds the governor wants to put into a special fund for elementary and secondary education. Under the plan, the state would commandeer most of the dollars left in these funds at the end of this fiscal year. If lawmakers agree, education would be assured of an annual boost of $140 million in each of the next three years.

Blagojevich aides stress the plan would not endanger conservation efforts or any other program funded by the hundreds of dedicated accounts. "That is not going to cause, in any way, shape, or form, a negative impact on these funds' abilities to meet their operating needs," says Becky Carroll, a Blagojevich budget spokeswoman. "This comes down to a matter of priorities."

Preservationists argue it's more a matter of precedent, one that could mark a steep decline in the state's commitment to conservation and recreation. 

It also would follow a national trend. President John F. Kennedy pushed for legislation that created the Land and Water Conservation Fund program in 1964 with the intent of helping states pay for public recreation areas. But as the program grew, federal lawmakers raided the fund to pay other bills, sapping cash that had gone to state grants. 

Facing shrinking federal funds, the Illinois Association of Park Districts pushed legislation to duplicate the land conservation program at the state level, creating in 1986 the Open Space Lands Acquisition and Development Program. It awards annual grants to local governments, enabling them to better afford projects that allow the public to enjoy everything from fields and streams to skate parks and outdoor swimming pools. Also funded by the real estate tax, the natural areas acquisition program focuses on acquiring and preserving forests, wetlands, prairies and other habitats with diverse vegetation and wildlife. 

In 1989, supporters realized that general state dollars were an unsteady funding source, so the open space program was linked to the more reliable real estate transfer tax, says Ted Flickinger, president and CEO of the Illinois Association of Park Districts. On the sale of a $100,000 home, the tax works out to $100. Half the revenue funds affordable housing efforts, while 35 percent goes to open space acquisition and development and 15 percent fuels natural areas spending.

Brent Manning, executive director of the DuPage County Forest Preserve District and former director of the Illinois Department of Natural Resources, says the real estate fee should fund programs that attempt to balance nature with neighborhoods.

"It's a funding source that makes a lot of sense," he says. "As development continues, this is the opportunity to set aside some pieces of land for quality of life purposes."

Improving community recreation opportunities is one of the main goals of the Open Space Lands Acquisition and Development Program. Department of Natural Resources staff evaluate grant applications on several factors, including the promotion of conservation. Generally, the proposals fall into two categories: buying land to create parks and nature preserves and developing those areas with playgrounds, trails and other recreational structures. In most cases, the state awards up to $750,000 for land purchases and $400,000 for development grants, but local governments must bear at least half the cost of any project. Grant recipients aren't reimbursed by the state until after the project is completed.

This year, the state awarded 77 grants worth $25.3 million, which included $4 million in federal money. Since its creation, the state's open space program has provided $196.4 million in grants to 1,076 local government units.

The Natural Areas Acquisition Fund is also supported by the real estate tax. But that program focuses on acquiring and preserving land with high quality, rich resource areas. This conservation effort became a concern in the mid-1970s when a natural areas inventory revealed that less than 1 percent of the Illinois landscape remained as the first settlers had discovered it in the early 1800s. Unlike the open space program, this initiative is managed by the state, with program dollars going toward land acquisition and salaries for staff and biologists, says Tom Flattery, office director of realty, environment and planning for natural resources. 

"It's making some effort to protect our settlement heritage," Flattery says. "It's similar to protecting endangered species."

Like the open space program, the conservation initiative addresses a quality of life issue, Flattery says, noting the role natural habitats play in protecting plant and animal species. Natural areas can prevent soil erosion near rivers and lakes, while providing a buffer that separates farmland chemicals from sources of drinking water. And prairies and woodlands also give homes to a number of creatures and hint at an Illinois landscape that once was dominated by "prairies verdant growing." The natural areas program spent $30 million acquiring 13,000 acres over the past 10 years, including Hanover Bluff in far-northwestern Jo Daviess County, Cache River in southernmost Johnson County and Redwing Slough in northeastern Lake County. 

Flattery says efforts to preserve open space and natural areas have been effective, but Illinois is still far behind other states, having made little improvement since a 1990 Texas study put Illinois 48th out of 50 states in open space ownership. He attributes the poor ranking, in part, to the state's rich topsoil, on display in many a corn and soybean field, which boosts the value of the land. 

In the Chicago area, a booming population has a similar effect on property values. "Let's face it, when you look at the urban sprawl, it's a competition between how fast [communities] can grow and how fast we can protect [open spaces]," Flattery says.

In fact, Kendall County, about 40 miles southwest of Chicago, is the second-fastest growing county nationwide, according to U.S. Census data from 2003 to 2004. Boone and Will counties, two of Illinois' northernmost counties, also made the top 100 list.

Downstate, acreage may not be as pricey as in suburbia, but the land is not lying fallow. Flattery notes that satellite imagery shows 76 percent of Illinois is in agricultural production. 

While economic development might impede conservation efforts, state surveys show widespread public support for open space protection. In 2003, the Department of Natural Resources found that 56 percent of respondents said open space is important to quality of life, 82 percent thought such land should be acquired before it is lost to development and 92 percent believed open space should be preserved to protect wildlife habitat.

Park and forest preserve district officials note their dependence on the state programs because their hands often are tied by local tax caps and the development that follows growing populations. 

James Breen, director of the St. Charles Park District, says open space funding has been essential to the western suburb's ability to provide community recreational facilities, including playground equipment, ball fields, fishing ponds and exercise paths. In the past two years alone, the district was awarded $791,300 in state grants. "It would be impossible to provide for these types of parks and recreational facilities if it were not for the state assistance provided through this program," Breen says. 

Carl Becker, director of Conservation Programs for The Nature Conservancy in Illinois, says public support for the issue can be seen in the Statehouse. He points out that lawmakers defeated the plan to zero out funding last year. "This resonates throughout the state of Illinois by people in every community and that was reflected last year by the votes of their representatives and senators." 

Conservation advocates want legislators to stick up for the programs again this year, arguing that the governor's proposed "fund sweep" raises a constitutional question: whether a fee paid by one group — in this case the sellers of real estate — can be funneled into the state's main checkbook. In the past, courts have ruled that fees must have some relation to the state service they support. In this sense, land development supports land conservation. If Blagojevich gets his way, the fee also would fund education.

Conservationists balk at the suggestion that the open space fund is hoarding a surplus. Projects can take a year or two to complete, at which point the fund needs cash to reimburse local governments. "It's what I would call a spurious surplus," Becker says. "It's really not there." 

The administration disagrees, saying the open space money has always been able to meet statewide demands. "It's never been able to make more grants than money available in the fund," Carroll says. "Removing a small portion of their surplus dollars will not impact their ability to provide additional grants."

But while the accounts may show a positive balance at the end of a fiscal year, they may actually be overdrawn. For example, with three months left in this budget year, the open space fund had a cash balance of $48 million. But, the program was on the hook for $61 million in grants promised but not yet cashed in by local governments. 

As the legislature prepares to negotiate budget specifics, some legislators seem certain the conservation accounts will be removed from the final list of funds tapped for education spending. "As long as any administration proposes to utilize those funds for any other purpose, I'm confident we as a group will come together and object to it," says Althoff, the McHenry Republican.

But for some conservation supporters, such assurances fall short. 

Manning, the DuPage Forest Preserve director, says the biggest problem facing the funds now is their apparent accessibility to cash hungry budget-makers. "Politicians desire to use those funds for something else," Manning says. "They see this big pile of money sitting there, but the fact is it's not sitting there. It's being distributed as the projects reach completion."

Guaranteeing the funds' exclusivity may prove difficult, as the dollars in both the Open Space Lands Acquisition and Development Fund and the Natural Areas Acquisition Fund have been tapped for general distribution in the past. Three years ago, as former Gov. George Ryan was cobbling together his last state budget, lawmakers agreed to grab $29 million from the open space fund and deposit it in the state's checking account.

Kenneth Fiske works as a consultant with Conservation Services in Woodstock, a business focused on helping localities preserve open space. 

A former McHenry County Conservation District director, Fiske has been writing conservation grant proposals since 1971. He points to the difficulties the federal program faced when dedicated money became the subject of budget transfers and questions whether the state programs will suffer without permanent protections.

"Right now, we all think the grant program is fairly stable," Fiske says. "It needs to be in a fund that can't be moved around. If it can be moved around, we're going to have trouble every year."

Open lands funding 

The state tax on real estate transfers is equal to $1 for every $1,000 a property is worth. That means the seller of a $100,000 home owes the state $100. The Open Space Lands Acquisition and Development Fund gets 35 percent of the tax revenue. That share amounted to $30 million last year. The state awards about $20 million in open space grants each year, but doesn't pay recipients until a project is completed, which can take a couple years. In other words, the open space fund is liable for several years' worth of projects. If every local government could cash in their grants today, the fund would be short $13 million because it has a balance of $48 million but owes $61 million in awards. The governor's office views the fund's large cash balance as a surplus, some of which can be diverted to spend on elementary and secondary education. 


 

Illinois Issues, May 2005

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