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[108th Congress Public Law 341]
[From the U.S. Government Printing Office]

[DOCID: f:publ341.108]

[[Page 1363]]

                     MISSOURI FEDERAL LANDS TRANSFER

[[Page 118 STAT. 1364]]

Public Law 108-341
108th Congress

                                 An Act

 
 To transfer Federal lands between the Secretary of Agriculture and the 
    Secretary of the Interior. <<NOTE: Oct. 18, 2004 -  [S. 1814]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Missouri.>> 

SECTION 1. PURPOSES AND DEFINITIONS.

    (a) Purposes.--The purposes of this Act are--
            (1) to transfer administrative jurisdiction of certain 
        Federal lands in Missouri from the Secretary of the Interior to 
        the Secretary of Agriculture for continued Federal operation of 
        the Mingo Job Corps Civilian Conservation Center; and
            (2) to not change the Secretary of Labor's role or authority 
        regarding this Job Corps Center.

    (b) Definitions.--For the purposes of this Act--
            (1) ``Center'' means the Mingo Job Corps Civilian 
        Conservation Center in Stoddard County, Missouri, referenced in 
        section 2(a) of this Act;
            (2) ``eligible employee'' means a person who, as of the date 
        of enactment of this Act, is a full-time, part-time, or 
        intermittent annual or per hour permanent Federal Government 
        employee of the Fish and Wildlife Service at the Mingo Job Corps 
        Civilian Conservation Center, including the two fully funded 
        Washington Office Job Corps support staff;
            (3) ``Environmental Authorities'' mean all applicable 
        Federal, State and local laws (including regulations) and 
        requirements related to protection of human health, natural 
        resources, or the environment, including but not limited to: the 
        Comprehensive Environmental Response, Compensation and Liability 
        Act of 1980 (42 U.S.C. 9601, et seq.); the Solid Waste Disposal 
        Act (42 U.S.C. 6901, et seq.); the Federal Water Pollution 
        Control Act (33 U.S.C. 1251, et seq.); the Clean Air Act (42 
        U.S.C. 7401, et seq.); the Federal Insecticide, Fungicide, and 
        Rodenticide Act (7 U.S.C. 136, et seq.); the Toxic Substances 
        Control Act (15 U.S.C. 2601, et seq.); the Safe Drinking Water 
        Act (42 U.S.C. 300f, et seq.); and the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321, et seq.);
            (4) ``U.S. Fish and Wildlife Service'' means the United 
        States Fish and Wildlife Service as referenced at title 16, 
        United States Code, section 742b(b);
            (5) ``Forest Service'' means the Department of Agriculture 
        Forest Service as established by the Secretary of Agriculture 
        pursuant to the authority of title 16, United States Code, 
        section 551;

[[Page 118 STAT. 1365]]

            (6) ``Job Corps'' means the national Job Corps program 
        established within the Department of Labor, as set forth in the 
        Workforce Investment Act of 1998, Public Law No. 105-220, 
        Sec. Sec. 141-161, 112 Stat. 1006-1021 (1998) (codified at 29 
        U.S.C. 2881-2901);
            (7) ``National Forest System'' means that term as defined at 
        title 16, United States Code, section 1609(a); and
            (8) ``National Wildlife Refuge System'' means that term as 
        defined at title 16, United States Code, section 668dd.

SEC. 2. TRANSFER OF ADMINISTRATION.

    (a) Transfer of Center.--Administrative jurisdiction over the Mingo 
Job Corps Civilian Conservation Center, comprising approximately 87 
acres in Stoddard County, Missouri, as generally depicted on a map 
entitled ``Mingo National Wildlife Refuge'', dated September 17, 2002, 
to be precisely identified in accordance with 
subsection (c) of this section, is hereby transferred, without 
consideration, from the Secretary of the Interior to the Secretary of 
Agriculture.
    (b) Maps and Legal Descriptions.--
            (1) The map referenced in this section shall be on file and 
        available for public inspection in the Office of the Chief, 
        Forest Service, Washington, DC, and in the office of the Chief 
        of Realty, U.S. Fish and Wildlife Service, Arlington, Virginia.
            (2) Not later than 180 days after the date of enactment of 
        this Act, the Secretary of the Interior, in consultation with 
        the Secretary of Agriculture, shall file a legal description and 
        map of all of the lands comprising the Center and being 
        transferred by section 2(a) of this Act with the Committee on 
        Resources of the United States House of Representatives and the 
        Committee on Environment and Public Works of the United States 
        Senate, and such description and map shall have the same force 
        and effect as if included in this Act, except that the Secretary 
        of the Interior may make typographical corrections as necessary.

    (c) Applicable Laws.--
            (1) Subject to section 3, the Center transferred pursuant to 
        subsection (a) shall be administered by the Secretary of 
        Agriculture and shall be subject to the laws and regulations 
        applicable to the National Forest System.
            (2) This transfer shall not conflict or interfere with any 
        laws and regulations applicable to Job Corps.

SEC. 3. IMPLEMENTATION OF TRANSFER.

    (a) Reversion Requirement.--
            (1) <<NOTE: Notification. Deadline.>> In the event that the 
        Center is no longer used or administered for Job Corps purposes, 
        as concurred to by the Secretary of Labor, the Secretary of 
        Agriculture shall so notify the Secretary of the Interior, and 
        the Secretary of the Interior shall have 180 days from the date 
        of such notice to exercise discretion to reassume jurisdiction 
        over such lands.
            (2) <<NOTE: Federal Register, publication. Deadline.>> The 
        reversionary provisions of subsection (a) shall be effected, 
        without further action by the Congress, through a Letter of 
        Transfer executed by the Chief, Forest Service, and the 
        Director, United States Fish and Wildlife Service, and with 
        notice thereof published in the Federal Register within 60 days 
        of the date of the Letter of Transfer.

    (b) Authorizations.--

[[Page 118 STAT. 1366]]

            (1) In general.--A permit or other authorization granted by 
        the U.S. Fish and Wildlife Service on the Center that is in 
        effect on the date of enactment of this Act will continue with 
        the concurrence of the Forest Service.
            (2) Reissuance.--A permit or authorization described in 
        paragraph (1) may be reissued or terminated under terms and 
        conditions prescribed by the Forest Service.
            (3) Exercise of rights.--The Forest Service may exercise any 
        of the rights of the U.S. Fish and Wildlife Service contained in 
        any permit or other authorization, including any right to amend, 
        modify, and revoke the permit or authorization.

    (c) Contracts.--
            (1) Existing contracts.--The Forest Service is authorized to 
        undertake all rights and obligations of the U.S. Fish and 
        Wildlife Service under contracts entered into by the U.S. Fish 
        and Wildlife Service on the Center that is in effect on the date 
        of enactment of this Act.
            (2) Notice of novation.--The Forest Service shall promptly 
        notify all contractors that it is assuming the obligations of 
        the U.S. Fish and Wildlife Service under such contracts.
            (3) Disputes.--Any contract disputes under the Contracts 
        Disputes Act (41 U.S.C. 601, et seq.) regarding the 
        administration of the Center and arising prior to the date of 
        enactment of this Act shall be the responsibility of the U.S. 
        Fish and Wildlife Service.

    (d) Memorandum of Agreement.--
            (1) In general.--The Chief, Forest Service, and the 
        Director, U.S. Fish and Wildlife Service, are authorized to 
        enter into a memorandum of agreement concerning implementation 
        of this Act, including procedures for--
                    (A) the orderly transfer of employees of the U.S. 
                Fish and Wildlife Service to the Forest Service;
                    (B) the transfer of property, fixtures, and 
                facilities;
                    (C) the transfer of records;
                    (D) the maintenance and use of roads and trails; and
                    (E) other transfer issues.

    (e) Agreements With the Secretary of Labor.--In the operation of the 
Center, the Forest Service will undertake the rights and obligations of 
the U.S. Fish and Wildlife Service with respect to existing agreements 
with the Secretary of Labor pursuant to Public Law 105-220 (29 U.S.C. 
2887, et seq.), and the Forest Service will be the responsible agency 
for any subsequent agreements or amendments to existing agreements.
    (f) Records.--
            (1) Area management records.--The Forest Service shall have 
        access to all records of the U.S. Fish and Wildlife Service 
        pertaining to the management of the Center.
            (2) Personnel records.--The personnel records of eligible 
        employees transferred pursuant to this Act, including the 
        Official Personnel Folder, Employee Performance File, and other 
        related files, shall be transferred to the Forest Service.
            (3) Land title records.--The U.S. Fish and Wildlife Service 
        shall provide to the Forest Service records pertaining to land 
        titles, surveys, and other records pertaining to transferred 
        real property and facilities.

    (g) Transfer of Personal Property.--

[[Page 118 STAT. 1367]]

            (1) In general.--All federally owned personal property 
        present at the Center is hereby transferred without 
        consideration to the jurisdiction of the Forest Service, except 
        that with regard to personal property acquired by the Fish and 
        Wildlife Service using funds provided by the Department of Labor 
        under the Job Corps program, the Forest Service shall dispose of 
        any such property in accordance with the procedures stated in 
        section 7(e) of the 1989 Interagency Agreement for 
        Administration of Job Corps Civilian Conservation Center 
        Program, as amended, between the Department of Labor and the 
        Department of the Interior.
            (2) <<NOTE: Deadline.>> Inventory.--Not later than 60 days 
        after the date of enactment of this Act, the U.S. Fish and 
        Wildlife Service shall provide the Forest Service with an 
        inventory of all property and facilities at the Center.
            (3) Property included.--Property under this subsection 
        includes, but is not limited to, buildings, office furniture and 
        supplies, computers, office equipment, vehicles, tools, 
        equipment, maintenance supplies, and publications.
            (4) Exclusion of property.--At the request of the authorized 
        representative of the U.S. Fish and Wildlife Service, the Forest 
        Service may exclude movable property from transfer based on a 
        showing by the U.S. Fish and Wildlife Service that the property 
        is needed for the mission of the U.S. Fish and Wildlife Service, 
        cannot be replaced in a cost-effective manner, and is not needed 
        for management of the Center.

SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORITIES.

    (a) Documentation of Existing Conditions.--
            (1) <<NOTE: Deadline.>> In general.--Within 60 days after 
        the date of enactment of this Act, the U.S. Fish and Wildlife 
        Service shall provide the Forest Service and the Office of Job 
        Corps, Employment and Training Administration, Department of 
        Labor, all reasonably ascertainable documentation and 
        information that exists on the environmental condition of the 
        land comprising the Center.
            (2) Additional documentation.--The U.S. Fish and Wildlife 
        Service shall provide the Forest Service and the Office of Job 
        Corps, Employment and Training Administration, Department of 
        Labor, with any additional documentation and information 
        regarding the environmental condition of the Center as such 
        documentation and information becomes available.

    (b) Actions Required.--
            (1) <<NOTE: Deadline.>> Assessment.--Within 120 days after 
        the date of enactment of this Act, the U.S. Fish and Wildlife 
        Service shall provide the Forest Service and the Office of Job 
        Corps, Employment and Training Administration, Department of 
        Labor, an assessment, consistent with ASTM Standard E1527, 
        indicating what action, if any, is required on the Center under 
        any Environmental Authorities.
            (2) Memorandum of agreement.--If the findings of the 
        environmental assessment indicate that action is required under 
        applicable Environmental Authorities with respect to any portion 
        of the Center, the Forest Service and the U.S. Fish and Wildlife 
        Service shall enter into a memorandum of agreement that--

[[Page 118 STAT. 1368]]

                    (A) provides for the performance by the U.S. Fish 
                and Wildlife Service of the required actions identified 
                in the environmental assessment; and
                    (B) includes a schedule for the timely completion of 
                the required actions to be taken as agreed to by U.S. 
                Fish and Wildlife Service and Forest Service.

    (c) <<NOTE: Deadline.>> Documentation of Actions.--After a mutually 
agreeable amount of time following completion of the environmental 
assessment, but not exceeding 180 days from such completion, the U.S. 
Fish and Wildlife Service shall provide the Forest Service and the 
Office of Job Corps, Employment and Training Administration, Department 
of Labor, with documentation demonstrating that all actions required 
under applicable Environmental Authorities have been taken that are 
necessary to protect human health and the environment with respect to 
any hazardous substance, pollutant, contaminant, hazardous waste, 
hazardous material, or petroleum product or derivative of a petroleum 
product on the Center.

    (d) Continuation of Responsibilities and Liabilities.--
            (1) In general.--The transfer of the Center and the 
        requirements of this section shall not in any way affect the 
        responsibilities and liabilities of the U.S. Fish and Wildlife 
        Service at the Center under any applicable Environmental 
        Authorities.
            (2) Access.--At all times after the date of enactment of 
        this Act, the U.S. Fish and Wildlife Service and its agents 
        shall be accorded any access to the Center that may be 
        reasonably required to carry out the responsibility or satisfy 
        the liability referred to in paragraph (1).
            (3) No liability.--The Forest Service shall not be liable 
        under any applicable Environmental Authorities for matters that 
        are related directly or indirectly to activities of the U.S. 
        Fish and Wildlife Service or the Department of Labor on the 
        Center occurring on or before the date of enactment of this Act, 
        including liability for--
                    (A) costs or performance of response actions 
                required under the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601, 
                et seq.) at or related to the Center; or
                    (B) costs, penalties, fines, or performance of 
                actions related to noncompliance with applicable 
                Environmental Authorities at or related to the Center or 
                related to the presence, release, or threat of release 
                of any hazardous substance, pollutant, or contaminant, 
                hazardous waste, hazardous material, or petroleum 
                product or derivative of a petroleum product of any kind 
                at or related to the Center, including contamination 
                resulting from migration.
            (4) No effect on responsibilities or liabilities.--Except as 
        provided in paragraph (3), nothing in this title affects, 
        modifies, amends, repeals, alters, limits or otherwise changes, 
        directly or indirectly, the responsibilities or liabilities 
        under applicable Environmental Authorities with respect to the 
        Forest Service after the date of enactment of this Act.

    (e) Other Federal Agencies.--Subject to the other provisions of this 
section, a Federal agency that carried or carries out operations at the 
Center resulting in the violation of an environmental authority shall be 
responsible for all costs associated with corrective actions and 
subsequent remediation.

[[Page 118 STAT. 1369]]

SEC. 5. PERSONNEL.

    (a) In General.--
            (1) Employment.--Notwithstanding section 3503 of title 5, 
        United States Code, the Forest Service will accept the transfer 
        of eligible employees at their current pay and grade levels to 
        administer the Center as of the date of enactment of this Act.

    (b) Transfer-Appointment in the Forest Service.--Eligible employees 
will transfer, without a break in Federal service and without 
competition, from the Department of the Interior, U.S. Fish and Wildlife 
Service, to the Department of Agriculture, Forest Service, upon an 
agreed date by both agencies.
    (c) Employee Benefit Transition.--Employees of the U.S. Fish and 
Wildlife Service who transfer to the Forest Service--
            (1) shall retain all benefits and/or eligibility for 
        benefits of Federal employment without interruption in coverage 
        or reduction in coverage, including those pertaining to any 
        retirement, Thrift Savings Plan (TSP), Federal Employee Health 
        Benefit (FEHB), Federal Employee Group Life Insurance (FEGLI), 
        leave, or other employee benefits;
            (2) shall retain their existing status with respect to the 
        Civil Service Retirement System (CSRS) or the Federal Employees 
        Retirement System (FERS);
            (3) shall be entitled to carry over any leave time 
        accumulated during their Federal Government employment;
            (4) shall retain their existing level of competitive 
        employment status and tenure; and
            (5) shall retain their existing GM, GS, or WG grade level 
        and pay.

SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS.

    (a) The U.S. Fish and Wildlife Service and the Forest Service will 
cover their own costs in implementing this Act.
    (b) There is hereby authorized to be appropriated such sums as may 
be necessary to carry out this Act.

    Approved October 18, 2004.

LEGISLATIVE HISTORY--S. 1814:
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HOUSE REPORTS: No. 108-716, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Apr. 20, considered and passed Senate.
            Oct. 4, considered and passed House.

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