I

103D CONGRESS

2D SESSION H. R. 4946

To establish the Midewin National Tallgrass Prairie in the State of Illinois,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 12, 1994

Mr. SANGMEISTER introduced the following bill; which was referred jointly to

the Committees on Armed Services, Agriculture, and Energy and Commerce

A BILL

To establish the Midewin National Tallgrass Prairie in the

State of Illinois, and for other purposes.

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

3 SECTION 1. SHORT TITLE AND DEFINITIONS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Illinois Land Conservation Act of 1994’’.

6 (b) DEFINITIONS.—For purposes of this Act:

7 (1) The term ‘‘Administrator’’ means the Ad8 ministrator of the United States Environmental Pro9 tection Agency.
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1 (2) The term ‘‘agricultural purposes’’ means

2 the use of land for row crops, pasture, hay, and

3 grazing.

4 (3) The terms ‘‘applicable law’’ and ‘‘applicable

5 laws’’ mean all applicable Federal, State, and local

6 laws, regulations, and requirements, including but

7 not limited to the Comprehensive Environmental Re8 sponse, Compensation and Liability Act of 1980 (42

9 U.S.C. 9601 et seq.), the Resource Conservation and

10 Recovery Act (42 U.S.C. 6901 et seq.), the Clean

11 Water Act (33 U.S.C. 1251 et seq.) and the Clean

12 Air Act (42 U.S.C. 7401 et seq.), and any amend13 ments and implementing regulations of such Acts,

14 and any other laws, regulations, and requirements

15 related to protection of human health or the environ16 ment.

17 (4) The terms ‘‘applicable environmental law’’

18 and ‘‘applicable environmental laws’’ mean all appli19 cable Federal, State, and local laws, regulations, and

20 requirements related to protection of human health

21 or the environment, including but not limited to

22 those stated in section 1(b)(3).

23 (5) The term ‘‘Arsenal’’ means the Joliet Army

24 Ammunition Plant located in the State of Illinois.
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1 (6) The acronym ‘‘CERCLA’’ means the Com2 prehensive Environmental Response, Compensation

3 and Liability Act of 1980 (42 U.S.C. 9601 et seq.),

4 as amended.

5 (7) The term ‘‘hazardous substance’’ has the

6 meaning given such term by section 101(14) of

7 CERCLA (42 U.S.C. 9601(14)).

8 (8) The abbreviation ‘‘MNP’’ means the

9 Midewin National Tallgrass Prairie established pur10 suant to section 4 and managed as a part of the Na11 tional Forest System.

12 (9) The term ‘‘person’’ has the meaning given

13 that term by section 101(21) of CERCLA (42

14 U.S.C. 9601(21)).

15 (10) The term ‘‘pollutant or contaminant’’ has

16 the meaning given such term by section 101(33) of

17 CERCLA (42 U.S.C. 9601(33)).

18 (11) The term ‘‘response action’’ has the mean19 ing given the term ‘‘response’’ by section 101(25) of

20 CERCLA (42 U.S.C. 9601(25)).

21 (12) The term ‘‘national cemetery’’ means a

22 cemetery established and operated as part of the De23 partment of Veterans Affairs National Cemetery

24 System and subject to the provisions of chapter 24

25 of title 38, United States Code.
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1 SEC. 2. TRANSFER OF MANAGEMENT RESPONSIBILITIES

2 AND JURISDICTION OVER THE JOLIET ARSE3 NAL.

4 (a) PRINCIPLES OF TRANSFER.—

5 (1) The Congress hereby ratifies in principle

6 the proposals generally identified by the land use

7 plan which was developed by the Joliet Arsenal Citi8 zen Planning Commission and unanimously ap9 proved on April 8, 1994.

10 (2) The area constituting the MNP shall be

11 transferred, without reimbursement, to the Secretary

12 of Agriculture.

13 (3) Management by the Secretary of Agri14 culture of those portions of the Arsenal so trans15 ferred shall be in accordance with section 4.

16 (4) This Act does not change in any fashion the

17 responsibilities or liabilities of any person under any

18 applicable environmental law except that the Sec19 retary of Agriculture shall not be liable or respon20 sible for contamination resulting from or related to

21 the condition of the property existing prior to trans22 fer of the property, including but not limited to mi23 gration of hazardous substances, pollutants, con24 taminants, or petroleum products or their derivatives

25 disposed during activities of the Department of the

26 Army.
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1 (5) The Secretary of the Army shall be respon2 sible for the upkeep and maintenance of all fences,

3 guard houses, and other security facilities, as well as

4 the costs of security personnel on all portions of the

5 Arsenal that have not been transferred to the Sec6 retary of Agriculture.

7 (6) The Secretary of the Army, the Secretary of

8 Agriculture, and the Administrator are individually

9 and collectively authorized to enter into cooperative

10 agreements and memoranda of understanding

11 among each other and with other affected Federal,

12 State and local governments, private organizations

13 and corporations for the purposes of implementing

14 this Act and carrying out the purposes for which the

15 MNP is established.

16 (b) INTERIM ACTIVITIES OF THE SECRETARY OF AG17 RICULTURE.—Prior to transfer and subject to such rea18 sonable terms and conditions as the Secretary of the Army

19 may prescribe, the Secretary of Agriculture may enter

20 upon the Arsenal property for purposes related to plan21 ning, resource inventory, fish and wildlife habitat manipu22 lation (which may include prescribed burning), and other

23 such activities consistent with the purposes for which the

24 MNP is established. Except as provided in section 2(a)(4),

25 the Secretary of Agriculture shall not be liable or respon-
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1 sible in any way under CERCLA or any other applicable

2 environmental law for environmental conditions related to

3 any such interim activities.

4 (c) TRANSFER OF JURISDICTION.—Jurisdiction over

5 lands comprising the Arsenal shall be transferred as fol6 lows:

7 (1) Within 6 months of enactment of this Act

8 and in accordance with section 2(a), the Secretary of

9 the Army shall effect the transfer of those portions

10 of the Arsenal property identified for transfer to the

11 Secretary of Agriculture pursuant to section 2(c)(2)

12 and to the Secretary of Veterans Affairs pursuant to

13 section 5.

14 (2) The lands so transferred pursuant to para15 graph (1) of subsection (c) shall be identified on a

16 map or maps which shall be agreed to by the Sec17 retary of the Army and the Secretary of Agriculture.

18 Generally, the land to be transferred to the Sec19 retary of Agriculture shall be all the real property

20 and improvements comprising the Arsenal, except

21 for lands and facilities described in section 2(d) or

22 designated for disposal under section 5.

23 (3) All costs of necessary surveys for the trans24 fer of jurisdiction of properties among Federal agen25 cies shall be shared equally by the Secretary of the
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1 Army and the Secretary of the Department to whom

2 the land is being transferred. For lands transferred

3 to a non-Federal agency pursuant to section 5, the

4 Army shall pay the survey costs.

5 (d) PROPERTY USED FOR ENVIRONMENTAL CLEAN6 UP PURPOSES.—The Secretary of the Army shall retain

7 jurisdiction, authority, and control over real property at

8 the Arsenal to be used for water treatment; the treatment,

9 storage, or disposal of any hazardous substance, pollutant

10 or contaminant, petroleum products or their derivatives;

11 or other purposes related to any response action at the

12 Arsenal and other action required under any other applica13 ble environmental law to remediate contamination or con14 ditions of non-compliance at the Arsenal. The Secretary

15 of the Army shall consult with the Secretary of Agriculture

16 regarding the identification and management of the real

17 property retained under this paragraph and ensure that

18 activities carried out on that property are consistent, to

19 the extent practicable, with the purposes for which the

20 MNP is to be established under section 4(c), and consist21 ent with the provisions of sections 4 (a), (b), and (d)–

22 (i). In the case of any conflict between management of

23 the property by the Secretary of Agriculture and any re24 sponse action or action required under applicable law to
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1 remediate petroleum products or their derivatives, the re2 sponse action or other action shall take priority.

3 SEC. 3. CONTINUATION OF RESPONSIBILITY AND LIABIL4 ITY OF THE SECRETARY OF THE ARMY FOR

5 ENVIRONMENTAL CLEANUP.

6 (a) RESPONSIBILITY.—The Secretary of the Army

7 shall, with respect to the real property at the Arsenal, re8 main liable for and continue to carry out—

9 (1) all response actions required under

10 CERCLA and other applicable provisions of law at

11 or related to the property, and

12 (2) all actions required under any other applica13 ble law to remediate petroleum products or their de14 rivatives (including motor oil and aviation fuel).

15 The liabilities and responsibilities of the Secretary of the

16 Army described in the preceding sentence shall not trans17 fer under any circumstances to the Secretary of Agri18 culture. The Secretary of Agriculture shall consult with

19 the Secretary of the Army with respect to the Secretary

20 of Agriculture’s management of real property subject to

21 any such response action or other action at the property

22 being carried out by or under the authority of the Sec23 retary of the Army under such provisions of law.

24 (b) LIABILITY.—(1) Subject to subsections (b)(3)

25 and (b)(4), nothing in this Act shall relieve, and no action
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1 may be taken under this Act to relieve, the Secretary of

2 the Army or any other person from any obligation or other

3 liability that they may have at the Arsenal under

4 CERCLA and other laws.

5 (2) After the transfer of jurisdiction under section

6 2(c), the Secretary of the Army shall retain any obligation

7 or other liability at the Arsenal that it may have under

8 CERCLA and other applicable laws and shall be accorded

9 all easements and access as may be reasonably required

10 to carry out such obligation or other liability.

11 (3) Subject to subsection (b)(4), the Secretary of Ag12 riculture shall not be responsible or liable for any costs

13 of response actions required under CERCLA at or related

14 to the Arsenal, or, with respect to non-compliance at or

15 related to the Arsenal by the Secretary of the Army of

16 any applicable environmental law, for any costs, penalties,

17 fines, costs of actions necessary to remedy such non-com18 pliance, or costs of other obligations. The Secretary of Ag19 riculture shall not be responsible or liable for any contami20 nation resulting from or related to conditions of the prop21 erty existing prior to transfer of the property, including

22 contamination arising from the operations of the Depart23 ment of the Army and its contractors. Contamination shall

24 include but not be limited to migration of hazardous sub25 stances, pollutants, contaminants, or petroleum products
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1 or their derivatives disposed during activities of the De2 partment of the Army.

3 (4) The Secretary of Agriculture shall be responsible

4 and liable only for and only to the extent of any other

5 contamination affirmatively introduced into the environ6 ment at the Arsenal by the Secretary of Agriculture or

7 the Department of Agriculture. The Secretary of Agri8 culture shall consult with the Secretary of the Army prior

9 to undertaking any activities that may disturb the prop10 erty to ensure that such activities will not exacerbate con11 tamination problems or interfere with performance by the

12 Secretary of the Army of response actions at the property.

13 (c) DEGREE OF CLEANUP.—Nothing in this Act shall

14 be construed to restrict or lessen the degree of cleanup

15 at the Arsenal required to be carried out under applicable

16 law. All response actions and other actions required under

17 any other statute to remediate petroleum products or their

18 derivatives (including motor oil and aviation fuel) carried

19 out at the Arsenal shall attain a degree of cleanup of haz20 ardous substances, pollutants, contaminants, and petro21 leum products or their derivatives that, at a minimum, is

22 sufficient to fully meet the purposes set forth in section

23 4(c) for which the MNP will be established.

24 (d) PAYMENT OF RESPONSE ACTION COSTS.—Any

25 Federal department or agency that had or has operations
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1 at the Arsenal resulting in the release or threatened re2 lease of hazardous substances, pollutants, or contaminants

3 shall pay the cost of related response actions or related

4 actions under other statutes to remediate petroleum prod5 ucts or their derivatives, including motor oil and aviation

6 fuel.

7 (e) CONSULTATION.—In carrying out response ac8 tions at the Arsenal, the Secretary of the Army shall con9 sult with the Secretary of Agriculture to ensure that such

10 actions are carried out in a manner consistent with sec11 tions 4 (a), (b), and (d)–(i), and, to the extent practicable,

12 consistent with the purposes set forth in section 4(c) for

13 which the MNP will be established.

14 SEC. 4. ESTABLISHMENT OF THE MIDEWIN NATIONAL

15 TALLGRASS PRAIRIE.

16 (a) ESTABLISHMENT.—On the effective date of the

17 transfer of jurisdiction under section 2(c), there is thereby

18 established the Midewin National Tallgrass Prairie con19 sisting of the real property so transferred for administra20 tion by the Secretary of Agriculture.

21 (b) ADMINISTRATION.—(1) The Secretary of Agri22 culture shall manage the MNP as a part of the National

23 Forest System in accordance with this Act and the laws,

24 rules and regulations pertaining to the National Forests:
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1 Provided, That the Bankhead-Jones Farm Tenant Act of

2 1937 (7 U.S.C. 1010–1012) shall not apply to the MNP.

3 (2) Notwithstanding the provisions of section 7 of the

4 Land and Water Conservation Fund Act of 1965 (16

5 U.S.C. 4601–9), monies appropriated from the Land and

6 Water Conservation Fund shall be available for acquisition

7 of lands and interests therein for the MNP.

8 (3) In order to expedite the administration and public

9 use of the MNP, the Secretary of Agriculture may conduct

10 management activities at the MNP to effectuate the pur11 poses for which the MNP is established, as set forth in

12 subsection (c), in advance of the development of a land

13 and resource management plan for the MNP.

14 (4) In developing a land and resource management

15 plan for the MNP, the Secretary of Agriculture shall con16 sult with the Illinois Department of Conservation and local

17 governments adjacent to the MNP and provide an oppor18 tunity for public comment. Any parcel transferred to the

19 Secretary of Agriculture, pursuant to section 2(d) and

20 subsequent to the development of a land and resource

21 management plan for the MNP, may be managed in ac22 cordance with such plan without need for an amendment

23 thereto.

24 (c) PURPOSES OF THE MIDEWIN NATIONAL

25 TALLGRASS PRAIRIE.—The MNP is established to be
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1 managed for National Forest purposes, including the fol2 lowing:

3 (1) To conserve and enhance populations and

4 habitats of fish, wildlife, and plants, including popu5 lations of grassland birds, raptors, passerines, and

6 marsh and water birds.

7 (2) To restore and enhance, where practicable,

8 habitat for species listed as proposed, threatened or

9 endangered under the Endangered Species Act.

10 (3) To provide fish and wildlife oriented public

11 uses at levels compatible with the conservation, en12 hancement and restoration of native wildlife and

13 plants and their habitats.

14 (4) To provide opportunities for scientific re15 search.

16 (5) To provide opportunities for environmental

17 and land use education.

18 (6) To manage the land and water resources of

19 the MNP in a manner that will conserve and en20 hance the natural diversity of native fish, wildlife,

21 and plants.

22 (7) To conserve and enhance the quality of

23 aquatic habitat.
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1 (8) To provide for public recreation insofar as

2 such recreation is compatible with the other pur3 poses for which the MNP is established.

4 (d) PROHIBITION AGAINST THE CONSTRUCTION OF

5 NEW THROUGH ROADS.—No new construction of any

6 highway, public road, or any part of the interstate system,

7 whether Federal, State, or local, shall be permitted

8 through or across any portion of the MNP. Nothing herein

9 shall preclude construction and maintenance of roads for

10 use within the MNP, or the granting of authorizations for

11 utility rights-of-way under applicable Federal law, or pre12 clude such access as is necessary. Nothing herein shall

13 preclude necessary access by the Secretary of the Army

14 for purposes of restoration and cleanup as provided in this

15 Act.

16 (e) AGRICULTURAL LEASES AND SPECIAL USE AU17 THORIZATIONS.—Within the MNP, use of the lands for

18 agricultural purposes shall be permitted subject to the fol19 lowing terms and conditions:

20 (1) If at the time of transfer of jurisdiction

21 pursuant to section 2 there exists any lease issued

22 by the Department of the Army, Department of De23 fense, or any other agency thereof, for agricultural

24 purposes upon the parcel transferred, the Secretary

25 of Agriculture, upon transfer of jurisdiction, shall
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1 convert the lease to a special use authorization, the

2 terms of which shall be identical in substance to the

3 lease that existed prior to the transfer, including the

4 expiration date and any payments owed the United

5 States.

6 (2) The Secretary of Agriculture may issue spe7 cial use authorizations to persons for use of the

8 MNP for agricultural purposes. Such special use au9 thorizations shall require payment of a rental fee, in

10 advance, that is based on the fair market value of

11 the use allowed. Fair market value shall be deter12 mined by appraisal or a competitive bidding process.

13 Special use authorizations issued pursuant to this

14 paragraph shall include terms and conditions as the

15 Secretary of Agriculture may deem appropriate.

16 (3) No agricultural special use authorization

17 shall be issued for agricultural purposes which has

18 a term extending beyond the date twenty years from

19 the date of enactment of this Act: Provided, That

20 nothing in this Act shall preclude the Secretary from

21 issuing agricultural special use authorizations or

22 grazing permits which are effective after twenty

23 years from the date of enactment of this Act for

24 purposes primarily related to erosion control, provi25 sion for food and habitat for fish and wildlife, or
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1 other resource management activities consistent with

2 the purposes of this Act.

3 (f) FEES.—The Secretary is authorized to charge

4 reasonable fees for the admission, occupancy and use of

5 the MNP and may prescribe a fee schedule providing for

6 reduced or a waiver of fees for persons or groups engaged

7 in authorized activities including those providing volunteer

8 services, research, or education: Provided, That the Sec9 retary shall permit admission, occupancy and use at no

10 additional charge for persons possessing a valid Golden

11 Eagle Passport or Golden Age Passport.

12 (g) SALVAGE OF IMPROVEMENTS.—The Secretary of

13 Agriculture may sell for salvage value any facilities and

14 improvements which have been transferred to the Sec15 retary of Agriculture pursuant to this Act.

16 (h) MIDEWIN NATIONAL TALLGRASS PRAIRIE RES17 TORATION FUND.—Monies received pursuant to sub18 section (e) shall be subject to distribution to the State of

19 Illinois and affected counties pursuant to the Acts of May

20 23, 1908 and March 1, 1911, as amended (16 U.S.C.

21 500). All monies not so distributed pursuant to said Acts,

22 and all other monies collected pursuant to subsections (f)

23 and (g) of this section shall be covered into the Treasury

24 and constitute a special fund to be known as the Midewin

25 National Tallgrass Prairie Restoration Fund (‘‘Fund’’).
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1 Deposits in this fund are appropriated and made available,

2 without need for further appropriation, until expended, for

3 use, with or without funds otherwise appropriated, for res4 toration and administration of the MNP, including but not

5 limited to: construction of a visitor and education center;

6 restoration of ecosystems; construction of recreational fa7 cilities such as trails; construction of administrative of8 fices; and operation and maintenance.

9 (i) COOPERATION WITH STATES, LOCAL GOVERN10 MENTS AND OTHER ENTITIES.—In the management of

11 the MNP, the Secretary is authorized and encouraged to

12 cooperate with appropriate Federal, State and local gov13 ernmental agencies, private organizations and corpora14 tions. Such cooperation may include cooperative agree15 ments as well as the exercise of the existing authorities

16 of the Secretary under the Cooperative Forestry Assist17 ance Act of 1978, as amended, and the Forest and Range18 land Renewable Resources Research Act of 1978, as

19 amended. The objects of such cooperation may include

20 public education, land and resource protection, and coop21 erative management among government, corporate and

22 private landowners in a manner which furthers the pur23 poses of this Act. Activities conducted pursuant to this

24 subsection shall be exempt from the requirements of the
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1 Federal Advisory Committee Act (5 U.S.C. Appendix 2)

2 and the rules and regulations promulgated thereunder.

3 SEC. 5. DISPOSAL OF CERTAIN REAL PROPERTY AT THE

4 ARSENAL FOR INDUSTRIAL DEVELOPMENT, A

5 NATIONAL VETERANS CEMETERY, AND A

6 COUNTY LANDFILL.

7 (a) PROPERTY DESIGNATED FOR DISPOSAL UNDER

8 THIS SECTION.—The following areas of real property at

9 the Arsenal are designated for disposal under this section:

10 (1) An area of real property consisting of ap11 proximately 1,900 acres located at the Arsenal, the

12 approximate legal description of which includes part

13 of section 30, Jackson Township, T34N R10E, and

14 sections or part of sections 24, 25, 26, 35, and 36

15 Channahon Township, T34N R9E, Will County, Illi16 nois, as depicted in the Arsenal Land Use Concept

17 to be conveyed to the Village of Elwood, Illinois for

18 the purpose of an industrial park. Any funds re19 ceived by the Village of Elwood from the sale or

20 other transfer of this property, or portions thereof,

21 less any costs expended for improvements thereon,

22 shall be remitted to the Department of the Army.

23 Any sale or transfer of this property by the Village

24 of Elwood for the development of the industrial park

25 shall be at fair market value, as determined in ac-
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1 cordance with Federal appraisal standards and pro2 cedures.

3 (2) An area of real property consisting of ap4 proximately 1,100 acres, the approximate legal de5 scription of which includes part of sections 16, 17,

6 18 Florence Township, T33N R10E, Will County,

7 Illinois, as depicted in the Arsenal Land Use Con8 cept to be conveyed to the City of Wilmington, Illi9 nois, for the purpose of an industrial park. Any

10 funds received by the City of Wilmington from the

11 sale or other transfer of this property, or portions

12 thereof, less any costs expended for improvements

13 thereon, shall be remitted to the Department of the

14 Army. Any sale or transfer of this property by the

15 City of Wilmington for the development of the indus16 trial park shall be at fair market value, as deter17 mined in accordance with Federal appraisal stand18 ards and procedures.

19 (3) An area of real property consisting of ap20 proximately 425 acres, the approximate legal de21 scription of which includes part of sections 8 and 17,

22 Florence Township, T33N R10E, Will County, Illi23 nois, as depicted in the Arsenal Land Use Concept

24 to be conveyed to the County of Will to be operated

25 as a landfill by the County: Provided, That such ad-
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1 ditional acreage shall be added to the landfill as is

2 necessary to reasonably accommodate needs for the

3 disposal of refuse and other materials from the res4 toration and cleanup of only the Arsenal property as

5 provided for in this Act: Provided further, That the

6 use of this additional acreage by any agency of the

7 Federal Government or its agents or assigns shall be

8 at no cost to the Federal Government.

9 (4) An area of real property consisting of ap10 proximately 910 acres, the approximate legal de11 scription of which includes part of sections 30 and

12 31 Jackson Township, T34N R10E, and including

13 part of sections 25 an 36 Channahon Township,

14 T34N R9E, Will County, Illinois, as depicted in the

15 Arsenal Land Use Concept to be transferred to the

16 Department of Veterans Affairs in accordance with

17 all provisions of section 2337, Public Law 100–180.

18 (5) Pursuant to the requirements of subsection

19 (b) and section 2(a), the Secretary of the Army shall

20 transfer to the Administrator of the General Serv21 ices Administration the following areas: Manufactur22 ing Area—Study Area 1—Southern Ash Pile, Study

23 Area 2—Explosive Burning Ground, Study Area 3—

24 Flashing Grounds, Study Area 4—Lead Azide Area,

25 Study Area 10—Toluene Tank Farms, Study Area
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1 11—Landfill, Study Area 12—Sellite Manufacturing

2 Area, Study Area 14—Former Pond Area, Study

3 Area 15—Sewage Treatment Plant. Load Assemble

4 Packing Area—Group 61: Study Area L1, Explosive

5 Burning Ground: Study Area L2, Demolition Area:

6 Study Area L3, Landfill Area: Study Area L4, Sal7 vage Yard: Study Area L5, Group 1: Study Area

8 L7, Group 2: Study Area L8, Group 3: Study Area

9 L9, Group 3A: Study Area L10, Doyle Lake: Study

10 Area L12, Group 68: Study Area L13, Group 4:

11 Study Area L14, Group 5: Study Area L15, Group

12 8: Study Area L18, Group 9: Study Area L19,

13 Group 20, Study Area L20, Group 25: Study Area

14 L22, Group 27: Study Area L23, Group 62: Study

15 Area L25, Group 64: Study Area L27, Group 65:

16 Study Area L28, Extraction Pits: Study Area L31,

17 PVC Area: Study Area L33, Former Burning Area:

18 Study Area L34, Fill Area: Study Area L35, includ19 ing all associated inventoried buildings and struc20 tures as identified in the Joliet Army Ammunition

21 Plant Plantwide Building and Structures Report and

22 the contaminate study sites for both the Manufac23 turing and Load Assembly and Packing sides of the

24 Joliet Arsenal as delineated in the Dames and

25 Moore Final Report, Phase 2 Remedial Investigation
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1 Manufacturing (MFG) Area Joliet Army Ammuni2 tion Plant Joliet, Illinois (May 30, 1993. Contract

3 No. DAAA15–90–D–0015 task order No. 6 pre4 pared for: United States Army Environmental Cen5 ter); and excepting the two industrial parks, national

6 cemetery and landfill described in subsections (a)(1),

7 (a)(2), (a)(3), and (a)(4).

8 (b) TRANSFER OF LANDS IN SUBSECTION (a)(5).—

9 Within 6 months of satisfying all cleanup and other re10 quirements contained in section 120(h) of the CERCLA

11 and in accordance with the requirements of section 2(a),

12 the Secretary of the Army shall offer the Secretary of Ag13 riculture the option of accepting a transfer of the areas

14 described in subsection (a)(5), without reimbursement, to

15 be added to the MNP as described in section 4 and subject

16 to the terms and conditions, including the limitations on

17 liability, contained in this Act. In the event the Secretary

18 of Agriculture declines such offer, the property shall be

19 disposed of as surplus property under the provisions of

20 the Federal Property and Administrative Services Act of

21 1949 (40 U.S.C. 471 et seq.).

22 (c) ENVIRONMENTAL QUALITY OF THE PROPERTY.—

23 (1) Nothing in this section shall be construed to restrict

24 or lessen the degree of cleanup required to be carried out
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1 under applicable law at the property designated for dis2 posal under this section.

3 (2) The disposal of real property under this section

4 shall be carried out in compliance with all the provisions

5 of section 120(h) of the CERCLA and any other applica6 ble law.

Æ