PUBLIC LAW 108–341—OCT. 18, 2004

MISSOURI FEDERAL LANDS TRANSFER

118 STAT. 1364 PUBLIC LAW 108–341—OCT. 18, 2004

Public Law 108–341

108th Congress

An Act

To transfer Federal lands between the Secretary of Agriculture and the Secretary

of the Interior.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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;

Missouri.

Oct. 18, 2004

[S. 1814]

PUBLIC LAW 108–341—OCT. 18, 2004 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, §§ 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) 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) 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.—

Federal Register,

publication.

Deadline.

Notification.

Deadline.

118 STAT. 1366 PUBLIC LAW 108–341—OCT. 18, 2004

(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.—

PUBLIC LAW 108–341—OCT. 18, 2004 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) 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) 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) 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—

Deadline.

Deadline.

Deadline.

118 STAT. 1368 PUBLIC LAW 108–341—OCT. 18, 2004

(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) 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.

Deadline.

PUBLIC LAW 108–341—OCT. 18, 2004 118 STAT. 1369

LEGISLATIVE HISTORY—S. 1814:

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.

Æ

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.