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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4946 Referred in Senate (RFS)]

103d CONGRESS
  2d Session
                                H. R. 4946

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 7 (legislative day, September 12), 1994

                                Received

            October 8 (legislative day, September 12), 1994

       Read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 AN ACT

 
  To establish the Midewin National Tallgrass Prairie in the State of 
                   Illinois, and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Illinois Land 
Conservation Act of 1994''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Transfer of management responsibilities and jurisdiction over 
                            the Arsenal.
Sec. 4. Continuation of responsibility and liability of the Secretary 
                            of the Army for environmental cleanup.
Sec. 5. Establishment of the Midewin National Tallgrass Prairie.
Sec. 6. Disposal of certain real property at the Arsenal for a national 
                            veterans cemetery and a county landfill and 
                            to the Administrator of General Services.
Sec. 7. Degree of environmental cleanup.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the United States Environmental Protection Agency.
            (2) The term ``agricultural purposes'' means the use of 
        land for row crops, pasture, hay, and grazing.
            (3) The term ``Arsenal'' means the Joliet Army Ammunition 
        Plant located in the State of Illinois.
            (4) The acronym ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (5) The term ``environmental law'' means all applicable 
        Federal, State, and local laws, regulations, and requirements 
        related to protection of human health, natural and cultural 
        resources, or the environment, including CERCLA, 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.), and the 
        Safe Drinking Water Act (42 U.S.C. 300f et seq.).
            (6) The term ``hazardous substance'' has the meaning given 
        such term by section 101(14) of CERCLA (42 U.S.C. 9601(14)).
            (7) The abbreviation ``MNP'' means the Midewin National 
        Tallgrass Prairie established pursuant to section 5 and managed 
        as a part of the National Forest System.
            (8) The term ``national cemetery'' means a cemetery 
        established and operated as part of the National Cemetery 
        System of the Department of Veterans Affairs and subject to the 
        provisions of chapter 24 of title 38, United States Code.
            (9) The term ``person'' has the meaning given such term by 
        section 101(21) of CERCLA (42 U.S.C. 9601(21)).
            (10) The term ``pollutant or contaminant'' has the meaning 
        given such term by section 101(33) of CERCLA (42 U.S.C. 
        9601(33)).
            (11) The term ``release'' has the meaning given such term 
        by section 101(22) of CERCLA (42 U.S.C. 9601(22))
            (12) The term ``response action'' has the meaning given 
        such term by section 101(25) of CERCLA (42 U.S.C. 9601(25)).

SEC. 3. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER 
              THE ARSENAL.

    (a) Principles of Transfer.--
            (1) Land use plan.--The Congress ratifies in principle the 
        proposals generally identified by the land use plan which was 
        developed by the Joliet Arsenal Citizen Planning Commission and 
        unanimously approved on April 8, 1994.
            (2) Transfer without reimbursement.--The area constituting 
        the MNP shall be transferred, without reimbursement, to the 
        Secretary of Agriculture.
            (3) Management of mnp.--Management by the Secretary of 
        Agriculture of those portions of the Arsenal transferred to the 
        Secretary under this Act shall be in accordance with section 5 
        establishing the MNP.
            (4) Security measures.--The Secretary of the Army, the 
        Secretary of Agriculture, and the Secretary of Veterans 
        Affairs, shall each provide and maintain physical and other 
        security measures on such portion of the Arsenal as is under 
        the administrative jurisdiction of such Secretary. Such 
        security measures (which may include fences and natural 
        barriers) shall include measures to prevent members of the 
        public from gaining unauthorized access to such portions of the 
        Arsenal as are under the administrative jurisdiction of such 
        Secretary and that may endanger health or safety.
            (5) Cooperative agreements.--The Secretary of the Army, the 
        Secretary of Agriculture, and the Administrator are 
        individually and collectively authorized to enter into 
        cooperative agreements and memoranda of understanding among 
        each other and with other affected Federal agencies, State and 
        local governments, private organizations, and corporations to 
        carry out the purposes for which the MNP is established.
    (b) Interim Activities of the Secretary of Agriculture.--Prior to 
transfer and subject to such reasonable terms and conditions as the 
Secretary of the Army may prescribe, the Secretary of Agriculture may 
enter upon the Arsenal property for purposes related to planning, 
resource inventory, fish and wildlife habitat manipulation (which may 
include prescribed burning), and other such activities consistent with 
the purposes for which the MNP is established.
    (c) Phased Transfer of Jurisdiction.--Jurisdiction over lands 
comprising the Arsenal shall be transferred as follows:
            (1) Initial transfer.--Within 6 months after the date of 
        the enactment of this Act, the Secretary of the Army shall 
        effect the transfer of those portions of the Arsenal property 
        identified for transfer to the Secretary of Agriculture 
        pursuant to subsection (d) and to the Secretary of Veterans 
        Affairs pursuant to section 6(a)(2). In the case of the Arsenal 
        property to be transferred to the Secretary of Agriculture, the 
        Secretary of the Army shall transfer to the Secretary of 
        Agriculture only those portions for which the Secretary of the 
        Army and the Administrator concur that no further action is 
        required under any environmental law and which therefore have 
        been eliminated from the areas to be further studied pursuant 
        to the Defense Environmental Restoration Program for the 
        Arsenal. Within 4 months after the date of the enactment of 
        this Act, the Secretary of the Army and the Administrator shall 
        provide to the Secretary of Agriculture all existing 
        documentation supporting such finding and all existing 
        information relating to the environmental conditions of the 
        portions of the Arsenal to be transferred to the Secretary of 
        Agriculture pursuant to this paragraph.
            (2) Additional transfers.--The Secretary of the Army shall 
        transfer in accordance with section 6(b) to the Secretary of 
        Agriculture any portion of the property generally identified in 
        subsection (d) and not transferred pursuant to paragraph (1) 
        after the Secretary of the Army and the Administrator concur 
        that no further action is required at that portion of property 
        under any environmental law and that such portion is therefore 
        eliminated from the areas to be further studied pursuant to the 
        Defense Environmental Restoration Program for the Arsenal. At 
        least 2 months before any transfer under this paragraph, the 
        Secretary of the Army and the Administrator shall provide to 
        the Secretary of Agriculture all existing documentation 
        supporting such finding and all existing information relating 
        to the environmental conditions of the portion of the Arsenal 
        to be transferred. Transfer of jurisdiction pursuant to this 
        paragraph may be accomplished on a parcel-by-parcel basis. This 
        paragraph, paragraph (1), and their requirements shall not in 
        any way affect the responsibilities and liabilities of the 
        Secretary of the Army specified in section 4.
    (d) Identification of Portions for Transfer for MNP.--The lands to 
be transferred under subsection (c) shall be identified on a map or 
maps which shall be agreed to by the Secretary of the Army and the 
Secretary of Agriculture. Generally, the land to be transferred to the 
Secretary of Agriculture shall be all the real property and 
improvements comprising the Arsenal, except for lands and facilities 
described in subsection (e) or designated for disposal under section 6.
    (e) Property Used for Environmental Cleanup.--
            (1) Retention.--The Secretary of the Army shall retain 
        jurisdiction, authority, and control over real property at the 
        Arsenal to be used for--
                    (A) water treatment;
                    (B) the treatment, storage, or disposal of any 
                hazardous substance, pollutant or contaminant, 
                hazardous material, or petroleum products or their 
                derivatives;
                    (C) other purposes related to any response action 
                at the Arsenal; and
                    (D) other actions required at the Arsenal under any 
                environmental law to remediate contamination or 
                conditions of noncompliance with any environmental law.
            (2) Conditions.--The Secretary of the Army shall consult 
        with the Secretary of Agriculture regarding the identification 
        and management of the real property retained under this 
        subsection and ensure that activities carried out on that 
        property are consistent, to the extent practicable, with the 
        purposes for which the MNP is established, as specified in 
        subsection (c) of section 5, and with the other provisions of 
        such section.
            (3) Priority of response actions.--In the case of any 
        conflict between management of the property by the Secretary of 
        Agriculture and any response action or other action required 
        under environmental law to remediate petroleum products or 
        their derivatives, the response action or other such action 
        shall take priority.
    (f) Surveys.--All costs of necessary surveys for the transfer of 
jurisdiction of properties among Federal agencies shall be shared 
equally by the Secretary of the Army and the Secretary of the 
Department receiving the property. For lands transferred to a non-
Federal agency pursuant to section 6, the Secretary of the Army shall 
pay the survey costs.

SEC. 4. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF THE SECRETARY 
              OF THE ARMY FOR ENVIRONMENTAL CLEANUP.

    (a) Responsibility.--The liabilities and responsibilities of the 
Secretary of the Army under any environmental law shall not transfer 
under any circumstances to the Secretary of Agriculture as a result of 
the property transfers made under section 3 or section 6(b), or as a 
result of implementation of section 3(b). With respect to the real 
property at the Arsenal, the Secretary of the Army shall remain liable 
for and continue to carry out--
            (1) all response actions required under CERCLA and other 
        environmental law at or related to the property; and
            (2) all actions required under any other environmental law 
        to remediate petroleum products or their derivatives (including 
        motor oil and aviation fuel).
    (b) Liability.--
            (1) In general.--Nothing in this Act shall be construed to 
        effect, modify, amend, repeal, alter, limit or otherwise 
        change, directly or indirectly, the responsibilities or 
        liabilities under any applicable environmental law of any 
        person (including the Secretary of Agriculture), except as 
        provided in paragraph (3) with respect to the Secretary of 
        Agriculture.
            (2) Liability of secretary of the army.--The Secretary of 
        the Army shall retain any obligation or other liability at the 
        Arsenal that the Secretary may have under CERCLA and other 
        environmental laws. Following transfer of any portions of the 
        Arsenal pursuant to this Act, the Secretary of the Army shall 
        be accorded all easements and access to such property as may be 
        reasonably required to carry out such obligation or satisfy 
        such liability.
            (3) Special rules for secretary of agriculture.--The 
        Secretary of Agriculture shall not be responsible or liable 
        under any environmental law for matters which are in any way 
        related directly or indirectly to activities of the Secretary 
        of the Army, or any party acting under the authority of the 
        Secretary in connection with the Defense Environmental 
        Restoration Program, at the Arsenal and which are for any of 
        the following:
                    (A) Costs of response actions required under CERCLA 
                at or related to the Arsenal.
                    (B) Costs, penalties, or fines related to 
                noncompliance with any environmental law at or related 
                to the Arsenal or related to the presence, release, or 
                threat of release of any hazardous substance, 
                pollutant, contaminant, hazardous waste or hazardous 
                material of any kind at or related to the Arsenal, 
                including contamination resulting from migration of 
                hazardous substances, pollutants, contaminants, 
                hazardous materials, or petroleum products or their 
                derivatives disposed during activities of the 
                Department of the Army.
                    (C) Costs of actions necessary to remedy such 
                noncompliance or other problem specified in paragraph 
                (B).
    (c) Payment of Response Action Costs.--Any Federal department or 
agency that had or has operations at the Arsenal resulting in the 
release or threatened release of hazardous substances, pollutants, or 
contaminants shall pay the cost of related response actions or related 
actions under other statutes to remediate petroleum products or their 
derivatives, including motor oil and aviation fuel.
    (d) Consultation.--The Secretary of Agriculture shall consult with 
the Secretary of the Army with respect to the Secretary of 
Agriculture's management of real property included in the MNP subject 
to any response action or other action at the Arsenal being carried out 
by or under the authority of the Secretary of the Army under any 
environmental law. The Secretary of Agriculture shall consult with the 
Secretary of the Army prior to undertaking any activities on the MNP 
that may disturb the property to ensure that such activities will not 
exacerbate contamination problems or interfere with performance by the 
Secretary of the Army of response actions at the property. In carrying 
out response actions at the Arsenal, the Secretary of the Army shall 
consult with the Secretary of Agriculture to ensure that such actions 
are carried out in a manner consistent with the purposes for which the 
MNP is established, as specified in subsection (c) of section 5, and 
the other provisions of such section.

SEC. 5. ESTABLISHMENT OF THE MIDEWIN NATIONAL TALLGRASS PRAIRIE.

    (a) Establishment.--On the effective date of the initial transfer 
of jurisdiction of portions of the Arsenal to the Secretary of 
Agriculture under section 3(c)(1), the Secretary of Agriculture shall 
establish the Midewin National Tallgrass Prairie, which shall--
            (1) be administered by the Secretary of Agriculture; and
            (2) consist of the real property so transferred and such 
        other portions of the Arsenal subsequently transferred under 
        section 3(c)(2).
    (b) Administration.--
            (1) In general.--The Secretary of Agriculture shall manage 
        the MNP as a part of the National Forest System in accordance 
        with this Act and the laws, rules and regulations pertaining to 
        the National Forests, except that the Bankhead-Jones Farm 
        Tenant Act of 1937 (7 U.S.C. 1010-1012) shall not apply to the 
        MNP.
            (2) Land acquisition funds.--Notwithstanding section 7 of 
        the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-9), monies appropriated from the Land and Water 
        Conservation Fund established under section 2 of such Act (16 
        U.S.C. 460l-5) shall be available for acquisition of lands and 
        interests in land for inclusion in the MNP.
            (3) Acquisition of private lands.--Acquisition of private 
        lands for inclusion in the MNP shall be on a willing seller 
        basis only.
            (4) Initial management activities.--In order to expedite 
        the administration and public use of the MNP, the Secretary of 
        Agriculture may conduct management activities at the MNP to 
        effectuate the purposes for which the MNP is established, as 
        set forth in subsection (c), in advance of the development of a 
        land and resource management plan for the MNP.
            (5) Land and resource management plan.--In developing a 
        land and resource management plan for the MNP, the Secretary of 
        Agriculture shall consult with the Illinois Department of 
        Conservation and local governments adjacent to the MNP and 
        provide an opportunity for public comment. Any parcel 
        transferred to the Secretary of Agriculture under this Act 
        after the development of a land and resource management plan 
        for the MNP may be managed in accordance with such plan without 
        need for an amendment to the plan.
    (c) Purposes of the Midewin National Tallgrass Prairie.--The MNP is 
established to be managed for National Forest purposes, including the 
following:
            (1) To conserve and enhance populations and habitats of 
        fish, wildlife, and plants, including populations of grassland 
        birds, raptors, passerines, and marsh and water birds.
            (2) To restore and enhance, where practicable, habitat for 
        species listed as proposed, threatened or endangered under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
            (3) To provide fish and wildlife oriented public uses at 
        levels compatible with the conservation, enhancement and 
        restoration of native wildlife and plants and their habitats.
            (4) To provide opportunities for scientific research.
            (5) To provide opportunities for environmental and land use 
        education.
            (6) To manage the land and water resources of the MNP in a 
        manner that will conserve and enhance the natural diversity of 
        native fish, wildlife, and plants.
            (7) To conserve and enhance the quality of aquatic habitat.
            (8) To provide for public recreation insofar as such 
        recreation is compatible with the other purposes for which the 
        MNP is established.
    (d) Prohibition Against the Construction of New Through Roads.--No 
new construction of any highway, public road, or any part of the 
interstate system, whether Federal, State, or local, shall be permitted 
through or across any portion of the MNP. Nothing herein shall preclude 
construction and maintenance of roads for use within the MNP, or the 
granting of authorizations for utility rights-of-way under applicable 
Federal law, or preclude such access as is necessary. Nothing herein 
shall preclude necessary access by the Secretary of the Army for 
purposes of restoration and cleanup as provided in this Act.
    (e) Agricultural Leases and Special Use Authorizations.--Within the 
MNP, use of the lands for agricultural purposes shall be permitted 
subject to the following terms and conditions:
            (1) If at the time of transfer of jurisdiction under 
        section 3 there exists any lease issued by the Department of 
        the Army, Department of Defense, or any other agency thereof, 
        for agricultural purposes upon the parcel transferred, the 
        Secretary of Agriculture, upon transfer of jurisdiction, shall 
        convert the lease to a special use authorization, the terms of 
        which shall be identical in substance to the lease that existed 
        prior to the transfer, including the expiration date and any 
        payments owed the United States.
            (2) The Secretary of Agriculture may issue special use 
        authorizations to persons for use of the MNP for agricultural 
        purposes. Such special use authorizations shall require payment 
        of a rental fee, in advance, that is based on the fair market 
        value of the use allowed. Fair market value shall be determined 
        by appraisal or a competitive bidding process. Special use 
        authorizations issued pursuant to this paragraph shall include 
        terms and conditions as the Secretary of Agriculture may deem 
        appropriate.
            (3) No agricultural special use authorization shall be 
        issued for agricultural purposes which has a term extending 
        beyond the date twenty years from the date of enactment of this 
        Act, except that nothing in this Act shall preclude the 
        Secretary from issuing agricultural special use authorizations 
        or grazing permits which are effective after twenty years from 
        the date of enactment of this Act for purposes primarily 
        related to erosion control, provision for food and habitat for 
        fish and wildlife, or other resource management activities 
        consistent with the purposes of the MNP.
    (f) Treatment of Rental Fees.--Monies received pursuant to 
subsection (e) shall be subject to distribution to the State of 
Illinois and affected counties pursuant to the Acts of May 23, 1908, 
and March 1, 1911 (16 U.S.C. 500). All monies not so distributed 
pursuant to such Acts shall be covered into the Treasury and shall 
constitute a special fund, which is hereby appropriated and made 
available until expended, to cover the cost to the United States of 
such prairie-improvement work as the Secretary of Agriculture may 
direct. Any portion of any deposit made to the fund which the Secretary 
of Agriculture determines to be in excess of the cost of doing such 
work shall be transferred, upon such determination, to miscellaneous 
receipts, Forest Service Fund, as a National Forest receipt of the 
fiscal year in which such transfer is made.
    (g) User Fees.--The Secretary is authorized to charge reasonable 
fees for the admission, occupancy, and use of the MNP and may prescribe 
a fee schedule providing for reduced or a waiver of fees for persons or 
groups engaged in authorized activities including those providing 
volunteer services, research, or education. The Secretary shall permit 
admission, occupancy, and use at no additional charge for persons 
possessing a valid Golden Eagle Passport or Golden Age Passport.
    (h) Salvage of Improvements.--The Secretary of Agriculture may sell 
for salvage value any facilities and improvements which have been 
transferred to the Secretary of Agriculture pursuant to this Act.
    (i) Treatment of User Fees and Salvage Receipts.--Monies collected 
pursuant to subsections (g) and (h) shall be covered into the Treasury 
and constitute a special fund to be known as the Midewin National 
Tallgrass Prairie Restoration Fund (``Fund''). Deposits in this fund 
shall be available, subject to appropriation, until expended for use 
for restoration and administration of the MNP, including construction 
of a visitor and education center, restoration of ecosystems, 
construction of recreational facilities (such as trails), construction 
of administrative offices, and operation and maintenance of the MNP.
    (j) Cooperation with States, Local Governments and Other 
Entities.--In the management of the MNP, the Secretary is authorized 
and encouraged to cooperate with appropriate Federal, State and local 
governmental agencies, private organizations and corporations. Such 
cooperation may include cooperative agreements as well as the exercise 
of the existing authorities of the Secretary under the Cooperative 
Forestry Assistance Act of 1978 and the Forest and Rangeland Renewable 
Resources Research Act of 1978. The objects of such cooperation may 
include public education, land and resource protection, and cooperative 
management among government, corporate and private landowners in a 
manner which furthers the purposes of this Act.

SEC. 6. DISPOSAL OF CERTAIN REAL PROPERTY AT THE ARSENAL FOR A NATIONAL 
              VETERANS CEMETERY AND A COUNTY LANDFILL AND TO THE 
              ADMINISTRATOR OF GENERAL SERVICES.

    (a) Property Designated for Disposal Under This Section.--The 
following areas of real property at the Arsenal are designated for 
disposal under this section:
            (1) An area of real property consisting of approximately 
        425 acres, the approximate legal description of which includes 
        part of sections 8 and 17, Florence Township, T33N R10E, Will 
        County, Illinois, as depicted in the Arsenal Land Use Concept 
        to be conveyed to the County of Will, without compensation, to 
        be operated as a landfill by the County: Provided, That such 
        additional acreage shall be added to the landfill as is 
        necessary to reasonably accommodate needs for the disposal of 
        refuse and other materials from the restoration and cleanup of 
        only the Arsenal property as provided for in this Act: Provided 
        further, That the use of this additional acreage by any agency 
        of the Federal Government or its agents or assigns shall be at 
        no cost to the Federal Government. The Secretary of the Army 
        may require such additional terms and conditions in connection 
        with the conveyance under this paragraph as the Secretary 
        considers appropriate to protect the interests of the United 
        States.
            (2) An area of real property consisting of approximately 
        910 acres, the approximate legal description of which includes 
        part of sections 30 and 31, Jackson Township, T34N R10E, and 
        including part of sections 25 and 36, Channahon Township, T34N 
        R9E, Will County, Illinois, as depicted in the Arsenal Land Use 
        Concept to be transferred without reimbursement to the 
        Department of Veterans Affairs.
            (3) The following areas are designated for disposal 
        pursuant to subsection (b): Manufacturing Area--Study Area 1--
        Southern Ash Pile, Study Area 2--Explosive Burning Ground, 
        Study Area 3--Flashing Grounds, Study Area 4--Lead Azide Area, 
        Study Area 10--Toluene Tank Farms, Study Area 11--Landfill, 
        Study Area 12--Sellite Manufacturing Area, Study Area 14--
        Former Pond Area, Study Area 15--Sewage Treatment Plant. Load 
        Assemble Packing Area--Group 61: Study Area L1, Explosive 
        Burning Ground: Study Area L2, Demolition Area: Study Area L3, 
        Landfill Area: Study Area L4, Salvage Yard: Study Area L5, 
        Group 1: Study Area L7, Group 2: Study Area L8, Group 3: Study 
        Area L9, Group 3A: Study Area L10, Doyle Lake: Study Area L12, 
        Group 68: Study Area L13, Group 4: Study Area L14, Group 5: 
        Study Area L15, Group 8: Study Area L18, Group 9: Study Area 
        L19, Group 20, Study Area L20, Group 25: Study Area L22, Group 
        27: Study Area L23, Group 62: Study Area L25, Group 64: Study 
        Area L27, Group 65: Study Area L28, Extraction Pits: Study Area 
        L31, PVC Area: Study Area L33, Former Burning Area: Study Area 
        L34, Fill Area: Study Area L35, including all associated 
        inventoried buildings and structures as identified in the 
        Joliet Army Ammunition Plant Plantwide Building and Structures 
        Report and the contaminate study sites for both the 
        Manufacturing and Load Assembly and Packing sides of the Joliet 
        Arsenal as delineated in the Dames and Moore Final Report, 
        Phase 2 Remedial Investigation Manufacturing (MFG) Area Joliet 
        Army Ammunition Plant Joliet, Illinois (May 30, 1993. Contract 
        No. DAAA15-90-D-0015 task order No. 6 prepared for: United 
        States Army Environmental Center); and excepting the national 
        cemetery and landfill described in paragraphs (1) and (2).
    (b) Initial Offer to Secretary of Agriculture.--Within 6 months 
after the construction and installation of any remedial design approved 
by the Administrator and required for any lands described in subsection 
(a)(3), the Administrator shall provide to the Secretary of Agriculture 
all existing information regarding the implementation of such remedy, 
including information regarding its effectiveness. Within 3 months 
after the Administrator provides such information to the Secretary of 
Agriculture, the Secretary of the Army shall offer the Secretary of 
Agriculture the option of accepting a transfer of the areas described 
in subsection (a)(3), without reimbursement, to be added to the MNP and 
subject to the terms and conditions, including the limitations on 
liability, contained in this Act. In the event the Secretary of 
Agriculture declines such offer, the property may be disposed of as the 
Army would ordinarily dispose of such property under applicable 
provisions of law. Any sale or other transfer of property conducted 
pursuant to this subsection may be accomplished on a parcel-by-parcel 
basis.

SEC. 7. DEGREE OF ENVIRONMENTAL CLEANUP.

    (a) In General.--Nothing in this Act shall be construed to restrict 
or lessen the degree of cleanup at the Arsenal required to be carried 
out under provisions of any environmental law.
    (b) Response Action.--The establishment of the MNP shall not 
restrict or lessen in any way response action or degree of cleanup 
under CERCLA or other environmental law, or any response action 
required under any environmental law to remediate petroleum products or 
their derivatives (including motor oil and aviation fuel), required to 
be carried out under the authority of the Secretary of the Army at the 
Arsenal and surrounding areas.
    (c) Environmental Quality of Property.--Any contract for sale, 
deed, or other transfer of real property under section 6 shall be 
carried out in compliance with all applicable provisions of section 
120(h) of the CERCLA and other environmental laws.

            Passed the House of Representatives October 7, 1994.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 4946 RFS----2
HR 4946 RFS----3
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