I 

108TH CONGRESS 

1ST SESSION H. R. 3433

To transfer Federal lands between the Secretary of Agriculture and the 

Secretary of the Interior. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 4, 2003

Mrs. EMERSON introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on Agriculture, 

and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL

To transfer Federal lands between the Secretary of 

Agriculture and the Secretary of the Interior.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PURPOSES AND DEFINITIONS. 

4 (a) PURPOSES.—The purposes of this Act are—

5 (1) to transfer administrative jurisdiction of 

6 certain Federal lands in Missouri from the Secretary 

7 of the Interior to the Secretary of Agriculture for 

8 continued Federal operation of the Mingo Job Corps 

9 Civilian Conservation Center; and 
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1 (2) to not change the Secretary of Labor’s role 

2 or authority regarding this Job Corps Center. 

3 (b) DEFINITIONS.—For the purposes of this Act—

4 (1) ‘‘Center’’ means the Mingo Job Corps Civil5 ian Conservation Center in Stoddard County, Mis6 souri, referenced in section 2(a) of this Act; 

7 (2) ‘‘eligible employee’’ means a person who, as 

8 of the date of enactment of this Act, is a full-time, 

9 part-time, or intermittent annual or per hour perma10 nent Federal Government employee of the Fish and 

11 Wildlife Service at the Mingo Job Corps Civilian 

12 Conservation Center, including the two fully funded 

13 Washington Office Job Corps support staff; 

14 (3) ‘‘Environmental Authorities’’ mean all ap15 plicable Federal, State and local laws (including reg16 ulations) and requirements related to protection of 

17 human health, natural resources, or the environ18 ment, including but not limited to: the Comprehen19 sive Environmental Response, Compensation and Li20 ability Act of 1980 (42 U.S.C. 9601, et seq.); the 

21 Solid Waste Disposal Act (42 U.S.C. 6901, et seq.); 

22 the Federal Water Pollution Control Act (33 U.S.C. 

23 1251, et seq.); the Clean Air Act (42 U.S.C. 7401, 

24 et seq.); the Federal Insecticide, Fungicide, and 

25 Rodenticide Act (7 U.S.C. 136, et seq.); the Toxic 
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1 Substances Control Act (15 U.S.C. 2601, et seq.); 

2 the Safe Drinking Water Act (42 U.S.C. 300f, et 

3 seq.); and the National Environmental Policy Act of 

4 1969 (42 U.S.C. 4321, et seq.); 

5 (4) ‘‘U.S. Fish and Wildlife Service’’ means the 

6 United States Fish and Wildlife Service as ref7 erenced at title 16, United States Code, section 

8 742b(b); 

9 (5) ‘‘Forest Service’’ means the Department of 

10 Agriculture Forest Service as established by the Sec11 retary of Agriculture pursuant to the authority of 

12 title 16, United States Code, section 551; 

13 (6) ‘‘Job Corps’’ means the national Job Corps 

14 program established within the Department of 

15 Labor, as set forth in the Workforce Investment Act 

16 of 1998, Public Law No. 105–220, §§ 141–161, 112 

17 Stat. 1006–1021 (1998) (codified at 29 U.S.C. 

18 2881–2901); 

19 (7) ‘‘National Forest System’’ means that term 

20 as defined at title 16, United States Code, section 

21 1609(a); and 

22 (8) ‘‘National Wildlife Refuge System’’ means 

23 that term as defined at title 16, United States Code, 

24 section 668dd. 
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1 SEC. 2. TRANSFER OF ADMINISTRATION. 

2 (a) TRANSFER OF CENTER.—Administrative jurisdic3 tion over the Mingo Job Corps Civilian Conservation Cen4 ter, comprising approximately 87 acres in Stoddard Coun5 ty, Missouri, as generally depicted on a map entitled 

6 ‘‘Mingo National Wildlife Refuge’’, dated September 17, 

7 2002, to be precisely identified in accordance with sub8 section (c) of this section, is hereby transferred, without 

9 consideration, from the Secretary of the Interior to the 

10 Secretary of Agriculture. 

11 (b) MAPS AND LEGAL DESCRIPTIONS.—

12 (1) The map referenced in this section shall be 

13 on file and available for public inspection in the Of14 fice of the Chief, Forest Service, Washington, DC, 

15 and in the office of the Chief of Realty, U.S. Fish 

16 and Wildlife Service, Arlington, Virginia. 

17 (2) Not later than 180 days after the date of 

18 enactment of this Act, the Secretary of the Interior, 

19 in consultation with the Secretary of Agriculture, 

20 shall file a legal description and map of all of the 

21 lands comprising the Center and being transferred 

22 by section 2(a) of this Act with the Committee on 

23 Resources of the United States House of Represent24 atives and the Committee on Environment and Pub25 lic Works of the United States Senate, and such de26 scription and map shall have the same force and ef-
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1 fect as if included in this Act, except that the Sec2 retary of the Interior may make typographical cor3 rections as necessary. 

4 (c) APPLICABLE LAWS.—

5 (1) Subject to section 3, the Center transferred 

6 pursuant to subsection (a) shall be administered by 

7 the Secretary of Agriculture and shall be subject to 

8 the laws and regulations applicable to the National 

9 Forest System. 

10 (2) This transfer shall not conflict or interfere 

11 with any laws and regulations applicable to Job 

12 Corps. 

13 SEC. 3. IMPLEMENTATION OF TRANSFER. 

14 (a) REVERSION REQUIREMENT.—

15 (1) In the event that the Center is no longer 

16 used or administered for Job Corps purposes, as 

17 concurred to by the Secretary of Labor, the Sec18 retary of Agriculture shall so notify the Secretary of 

19 the Interior, and the Secretary of the Interior shall 

20 have 180 days from the date of such notice to exer21 cise discretion to reassume jurisdiction over such 

22 lands. 

23 (2) The reversionary provisions of subsection 

24 (a) shall be effected, without further action by the 

25 Congress, through a Letter of Transfer executed by 
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1 the Chief, Forest Service, and the Director, United 

2 States Fish and Wildlife Service, and with notice 

3 thereof published in the Federal Register within 60 

4 days of the date of the Letter of Transfer. 

5 (b) AUTHORIZATIONS.—

6 (1) IN GENERAL.—A permit or other authoriza7 tion granted by the U.S. Fish and Wildlife Service 

8 on the Center that is in effect on the date of enact9 ment of this Act will continue with the concurrence 

10 of the Forest Service. 

11 (2) REISSUANCE.—A permit or authorization 

12 described in paragraph (1) may be reissued or termi13 nated under terms and conditions prescribed by the 

14 Forest Service. 

15 (3) EXERCISE OF RIGHTS.—The Forest Service 

16 may exercise any of the rights of the U.S. Fish and 

17 Wildlife Service contained in any permit or other au18 thorization, including any right to amend, modify, 

19 and revoke the permit or authorization. 

20 (c) CONTRACTS.—

21 (1) EXISTING CONTRACTS.—The Forest Service 

22 is authorized to undertake all rights and obligations 

23 of the U.S. Fish and Wildlife Service under con24 tracts entered into by the U.S. Fish and Wildlife 
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1 Service on the Center that is in effect on the date 

2 of enactment of this Act. 

3 (2) NOTICE OF NOVATION.—The Forest Service 

4 shall promptly notify all contractors that it is as5 suming the obligations of the U.S. Fish and Wildlife 

6 Service under such contracts. 

7 (3) DISPUTES.—Any contract disputes under 

8 the Contracts Disputes Act (41 U.S.C. 601, et seq.) 

9 regarding the administration of the Center and aris10 ing prior to the date of enactment of this Act shall 

11 be the responsibility of the U.S. Fish and Wildlife 

12 Service. 

13 (d) MEMORANDUM OF AGREEMENT.—

14 (1) IN GENERAL.—The Chief, Forest Service, 

15 and the Director, U.S. Fish and Wildlife Service, are 

16 authorized to enter into a memorandum of agree17 ment concerning implementation of this Act, includ18 ing procedures for—

19 (A) the orderly transfer of employees of 

20 the U.S. Fish and Wildlife Service to the Forest 

21 Service; 

22 (B) the transfer of property, fixtures, and 

23 facilities; 

24 (C) the transfer of records; 
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1 (D) the maintenance and use of roads and 

2 trails; and 

3 (E) other transfer issues. 

4 (e) AGREEMENTS WITH THE SECRETARY OF

5 LABOR.—In the operation of the Center, the Forest Serv6 ice will undertake the rights and obligations of the U.S. 

7 Fish and Wildlife Service with respect to existing agree8 ments with the Secretary of Labor pursuant to Public Law 

9 105–220 (29 U.S.C. 2887, et seq.), and the Forest Service 

10 will be the responsible agency for any subsequent agree11 ments or amendments to existing agreements. 

12 (f) RECORDS.—

13 (1) AREA MANAGEMENT RECORDS.—The Forest 

14 Service shall have access to all records of the U.S. 

15 Fish and Wildlife Service pertaining to the manage16 ment of the Center. 

17 (2) PERSONNEL RECORDS.—The personnel 

18 records of eligible employees transferred pursuant to 

19 this Act, including the Official Personnel Folder, 

20 Employee Performance File, and other related files, 

21 shall be transferred to the Forest Service. 

22 (3) LAND TITLE RECORDS.—The U.S. Fish and 

23 Wildlife Service shall provide to the Forest Service 

24 records pertaining to land titles, surveys, and other 
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1 records pertaining to transferred real property and 

2 facilities. 

3 (g) TRANSFER OF PERSONAL PROPERTY.—

4 (1) IN GENERAL.—All federally owned personal 

5 property present at the Center is hereby transferred 

6 without consideration to the jurisdiction of the For7 est Service, except that with regard to personal 

8 property acquired by the Fish and Wildlife Service 

9 using funds provided by the Department of Labor 

10 under the Job Corps program, the Forest Service 

11 shall dispose of any such property in accordance 

12 with the procedures stated in section 7(e) of the 

13 1989 Interagency Agreement for Administration of 

14 Job Corps Civilian Conservation Center Program, as 

15 amended, between the Department of Labor and the 

16 Department of the Interior. 

17 (2) INVENTORY.—Not later than 60 days after 

18 the date of enactment of this Act, the U.S. Fish and 

19 Wildlife Service shall provide the Forest Service with 

20 an inventory of all property and facilities at the Cen21 ter. 

22 (3) PROPERTY INCLUDED.—Property under 

23 this subsection includes, but is not limited to, build24 ings, office furniture and supplies, computers, office 
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1 equipment, vehicles, tools, equipment, maintenance 

2 supplies, and publications. 

3 (4) EXCLUSION OF PROPERTY.—At the request 

4 of the authorized representative of the U.S. Fish 

5 and Wildlife Service, the Forest Service may exclude 

6 movable property from transfer based on a showing 

7 by the U.S. Fish and Wildlife Service that the prop8 erty is needed for the mission of the U.S. Fish and 

9 Wildlife Service, cannot be replaced in a cost-effec10 tive manner, and is not needed for management of 

11 the Center. 

12 SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORI13 TIES. 

14 (a) DOCUMENTATION OF EXISTING CONDITIONS.—

15 (1) IN GENERAL.—Within 60 days after the 

16 date of enactment of this Act, the U.S. Fish and 

17 Wildlife Service shall provide the Forest Service and 

18 the Office of Job Corps, Employment and Training 

19 Administration, Department of Labor, all reasonably 

20 ascertainable documentation and information that 

21 exists on the environmental condition of the land 

22 comprising the Center. 

23 (2) ADDITIONAL DOCUMENTATION.—The U.S. 

24 Fish and Wildlife Service shall provide the Forest 

25 Service and the Office of Job Corps, Employment 
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1 and Training Administration, Department of Labor, 

2 with any additional documentation and information 

3 regarding the environmental condition of the Center 

4 as such documentation and information becomes 

5 available. 

6 (b) ACTIONS REQUIRED.—

7 (1) ASSESSMENT.—Within 120 days after the 

8 date of enactment of this Act, the U.S. Fish and 

9 Wildlife Service shall provide the Forest Service and 

10 the Office of Job Corps, Employment and Training 

11 Administration, Department of Labor, an assess12 ment, consistent with ASTM Standard E1527, indi13 cating what action, if any, is required on the Center 

14 under any Environmental Authorities. 

15 (2) MEMORANDUM OF AGREEMENT.—If the 

16 findings of the environmental assessment indicate 

17 that action is required under applicable Environ18 mental Authorities with respect to any portion of the 

19 Center, the Forest Service and the U.S. Fish and 

20 Wildlife Service shall enter into a memorandum of 

21 agreement that—

22 (A) provides for the performance by the 

23 U.S. Fish and Wildlife Service of the required 

24 actions identified in the environmental assess25 ment; and 
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1 (B) includes a schedule for the timely com2 pletion of the required actions to be taken as 

3 agreed to by U.S. Fish and Wildlife Service and 

4 Forest Service. 

5 (c) DOCUMENTATION OF ACTIONS.—After a mutually 

6 agreeable amount of time following completion of the envi7 ronmental assessment, but not exceeding 180 days from 

8 such completion, the U.S. Fish and Wildlife Service shall 

9 provide the Forest Service and the Office of Job Corps, 

10 Employment and Training Administration, Department of 

11 Labor, with documentation demonstrating that all actions 

12 required under applicable Environmental Authorities have 

13 been taken that are necessary to protect human health and 

14 the environment with respect to any hazardous substance, 

15 pollutant, contaminant, hazardous waste, hazardous mate16 rial, or petroleum product or derivative of a petroleum 

17 product on the Center. 

18 (d) CONTINUATION OF RESPONSIBILITIES AND LI19 ABILITIES.—

20 (1) IN GENERAL.—The transfer of the Center 

21 and the requirements of this section shall not in any 

22 way affect the responsibilities and liabilities of the 

23 U.S. Fish and Wildlife Service at the Center under 

24 any applicable Environmental Authorities. 
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1 (2) ACCESS.—At all times after the date of en2 actment of this Act, the U.S. Fish and Wildlife 

3 Service and its agents shall be accorded any access 

4 to the Center that may be reasonably required to 

5 carry out the responsibility or satisfy the liability re6 ferred to in paragraph (1). 

7 (3) NO LIABILITY.—The Forest Service shall 

8 not be liable under any applicable Environmental 

9 Authorities for matters that are related directly or 

10 indirectly to activities of the U.S. Fish and Wildlife 

11 Service or the Department of Labor on the Center 

12 occurring on or before the date of enactment of this 

13 Act, including liability for—

14 (A) costs or performance of response ac15 tions required under the Comprehensive Envi16 ronmental Response, Compensation, and Liabil17 ity Act of 1980 (42 U.S.C. 9601, et seq.) at or 

18 related to the Center; or 

19 (B) costs, penalties, fines, or performance 

20 of actions related to noncompliance with appli21 cable Environmental Authorities at or related to 

22 the Center or related to the presence, release, 

23 or threat of release of any hazardous substance, 

24 pollutant, or contaminant, hazardous waste, 

25 hazardous material, or petroleum product or de-
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1 rivative of a petroleum product of any kind at 

2 or related to the Center, including contamina3 tion resulting from migration. 

4 (4) NO EFFECT ON RESPONSIBILITIES OR LI5 ABILITIES.—Except as provided in paragraph (3), 

6 nothing in this title affects, modifies, amends, re7 peals, alters, limits or otherwise changes, directly or 

8 indirectly, the responsibilities or liabilities under ap9 plicable Environmental Authorities with respect to 

10 the Forest Service after the date of enactment of 

11 this Act. 

12 (e) OTHER FEDERAL AGENCIES.—Subject to the 

13 other provisions of this section, a Federal agency that car14 ried or carries out operations at the Center resulting in 

15 the violation of an environmental authority shall be re16 sponsible for all costs associated with corrective actions 

17 and subsequent remediation. 

18 SEC. 5. PERSONNEL. 

19 (a) IN GENERAL.—

20 (1) EMPLOYMENT.—Notwithstanding section 

21 3503 of title 5, United States Code, the Forest Serv22 ice will accept the transfer of eligible employees at 

23 their current pay and grade levels to administer the 

24 Center as of the date of enactment of this Act. 
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1 (b) TRANSFER-APPOINTMENT IN THE FOREST SERV2 ICE.—Eligible employees will transfer, without a break in 

3 Federal service and without competition, from the Depart4 ment of the Interior, U.S. Fish and Wildlife Service, to 

5 the Department of Agriculture, Forest Service, upon an 

6 agreed date by both agencies. 

7 (c) EMPLOYEE BENEFIT TRANSITION.—Employees 

8 of the U.S. Fish and Wildlife Service who transfer to the 

9 Forest Service—

10 (1) shall retain all benefits and/or eligibility for 

11 benefits of Federal employment without interruption 

12 in coverage or reduction in coverage, including those 

13 pertaining to any retirement, Thrift Savings Plan 

14 (TSP), Federal Employee Health Benefit (FEHB), 

15 Federal Employee Group Life Insurance (FEGLI), 

16 leave, or other employee benefits; 

17 (2) shall retain their existing status with re18 spect to the Civil Service Retirement System 

19 (CSRS) or the Federal Employees Retirement Sys20 tem (FERS); 

21 (3) shall be entitled to carry over any leave time 

22 accumulated during their Federal Government em23 ployment; 

24 (4) shall retain their existing level of competi25 tive employment status and tenure; and 
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1 (5) shall retain their existing GM, GS, or WG 

2 grade level and pay. 

3 SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS. 

4 (a) The U.S. Fish and Wildlife Service and the For5 est Service will cover their own costs in implementing this 

6 Act. 

7 (b) There is hereby authorized to be appropriated 

8 such sums as may be necessary to carry out this Act.

Æ