103D CONGRESS

2D SESSION H. R. 4946

AN ACT

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 TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Il5 linois Land Conservation Act of 1994’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:
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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.

1 SEC. 2. DEFINITIONS.

2 For purposes of this Act:

3 (1) The term ‘‘Administrator’’ means the Ad4 ministrator of the United States Environmental Pro5 tection Agency.

6 (2) The term ‘‘agricultural purposes’’ means

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

8 grazing.

9 (3) The term ‘‘Arsenal’’ means the Joliet Army

10 Ammunition Plant located in the State of Illinois.

11 (4) The acronym ‘‘CERCLA’’ means the Com12 prehensive Environmental Response, Compensation,

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

14 (5) The term ‘‘environmental law’’ means all

15 applicable Federal, State, and local laws, regula16 tions, and requirements related to protection of

17 human health, natural and cultural resources, or the

18 environment, including CERCLA, the Solid Waste

19 Disposal Act (42 U.S.C. 6901 et seq.), the Federal

20 Water Pollution Control Act (33 U.S.C. 1251 et
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1 seq.), the Clean Air Act (42 U.S.C. 7401 et seq.),

2 the Federal Insecticide, Fungicide, and Rodenticide

3 Act (7 U.S.C. 136 et seq.), the Toxic Substances

4 Control Act (15 U.S.C. 2601 et seq.), and the Safe

5 Drinking Water Act (42 U.S.C. 300f et seq.).

6 (6) The term ‘‘hazardous substance’’ has the

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

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

9 (7) The abbreviation ‘‘MNP’’ means the

10 Midewin National Tallgrass Prairie established pur11 suant to section 5 and managed as a part of the Na12 tional Forest System.

13 (8) The term ‘‘national cemetery’’ means a

14 cemetery established and operated as part of the Na15 tional Cemetery System of the Department of Veter16 ans Affairs and subject to the provisions of chapter

17 24 of title 38, United States Code.

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

19 such term by section 101(21) of CERCLA (42

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

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

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

23 CERCLA (42 U.S.C. 9601(33)).
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1 (11) The term ‘‘release’’ has the meaning given

2 such term by section 101(22) of CERCLA (42

3 U.S.C. 9601(22))

4 (12) The term ‘‘response action’’ has the mean5 ing given such term by section 101(25) of CERCLA

6 (42 U.S.C. 9601(25)).

7 SEC. 3. TRANSFER OF MANAGEMENT RESPONSIBILITIES

8 AND JURISDICTION OVER THE ARSENAL.

9 (a) PRINCIPLES OF TRANSFER.—

10 (1) LAND USE PLAN.—The Congress ratifies in

11 principle the proposals generally identified by the

12 land use plan which was developed by the Joliet Ar13 senal Citizen Planning Commission and unanimously

14 approved on April 8, 1994.

15 (2) TRANSFER WITHOUT REIMBURSEMENT.—

16 The area constituting the MNP shall be transferred,

17 without reimbursement, to the Secretary of Agri18 culture.

19 (3) MANAGEMENT OF MNP.—Management by

20 the Secretary of Agriculture of those portions of the

21 Arsenal transferred to the Secretary under this Act

22 shall be in accordance with section 5 establishing the

23 MNP.

24 (4) SECURITY MEASURES.—The Secretary of

25 the Army, the Secretary of Agriculture, and the Sec-
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1 retary of Veterans Affairs, shall each provide and

2 maintain physical and other security measures on

3 such portion of the Arsenal as is under the adminis4 trative jurisdiction of such Secretary. Such security

5 measures (which may include fences and natural

6 barriers) shall include measures to prevent members

7 of the public from gaining unauthorized access to

8 such portions of the Arsenal as are under the ad9 ministrative jurisdiction of such Secretary and that

10 may endanger health or safety.

11 (5) COOPERATIVE AGREEMENTS.—The Sec12 retary of the Army, the Secretary of Agriculture,

13 and the Administrator are individually and collec14 tively authorized to enter into cooperative agree15 ments and memoranda of understanding among each

16 other and with other affected Federal agencies,

17 State and local governments, private organizations,

18 and corporations to carry out the purposes for which

19 the MNP is established.

20 (b) INTERIM ACTIVITIES OF THE SECRETARY OF AG21 RICULTURE.—Prior to transfer and subject to such rea22 sonable terms and conditions as the Secretary of the Army

23 may prescribe, the Secretary of Agriculture may enter

24 upon the Arsenal property for purposes related to plan25 ning, resource inventory, fish and wildlife habitat manipu-
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1 lation (which may include prescribed burning), and other

2 such activities consistent with the purposes for which the

3 MNP is established.

4 (c) PHASED TRANSFER OF JURISDICTION.—Jurisdic5 tion over lands comprising the Arsenal shall be transferred

6 as follows:

7 (1) INITIAL TRANSFER.—Within 6 months after

8 the date of the enactment of this Act, the Secretary

9 of the Army shall effect the transfer of those por10 tions of the Arsenal property identified for transfer

11 to the Secretary of Agriculture pursuant to sub12 section (d) and to the Secretary of Veterans Affairs

13 pursuant to section 6(a)(2). In the case of the Arse14 nal property to be transferred to the Secretary of

15 Agriculture, the Secretary of the Army shall transfer

16 to the Secretary of Agriculture only those portions

17 for which the Secretary of the Army and the Admin18 istrator concur that no further action is required

19 under any environmental law and which therefore

20 have been eliminated from the areas to be further

21 studied pursuant to the Defense Environmental Res22 toration Program for the Arsenal. Within 4 months

23 after the date of the enactment of this Act, the Sec24 retary of the Army and the Administrator shall pro25 vide to the Secretary of Agriculture all existing doc-
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1 umentation supporting such finding and all existing

2 information relating to the environmental conditions

3 of the portions of the Arsenal to be transferred to

4 the Secretary of Agriculture pursuant to this para5 graph.

6 (2) ADDITIONAL TRANSFERS.—The Secretary

7 of the Army shall transfer in accordance with section

8 6(b) to the Secretary of Agriculture any portion of

9 the property generally identified in subsection (d)

10 and not transferred pursuant to paragraph (1) after

11 the Secretary of the Army and the Administrator

12 concur that no further action is required at that por13 tion of property under any environmental law and

14 that such portion is therefore eliminated from the

15 areas to be further studied pursuant to the Defense

16 Environmental Restoration Program for the Arsenal.

17 At least 2 months before any transfer under this

18 paragraph, the Secretary of the Army and the Ad19 ministrator shall provide to the Secretary of Agri20 culture all existing documentation supporting such

21 finding and all existing information relating to the

22 environmental conditions of the portion of the Arse23 nal to be transferred. Transfer of jurisdiction pursu24 ant to this paragraph may be accomplished on a

25 parcel-by-parcel basis. This paragraph, paragraph
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1 (1), and their requirements shall not in any way af2 fect the responsibilities and liabilities of the Sec3 retary of the Army specified in section 4.

4 (d) IDENTIFICATION OF PORTIONS FOR TRANSFER

5 FOR MNP.—The lands to be transferred under subsection

6 (c) shall be identified on a map or maps which shall be

7 agreed to by the Secretary of the Army and the Secretary

8 of Agriculture. Generally, the land to be transferred to the

9 Secretary of Agriculture shall be all the real property and

10 improvements comprising the Arsenal, except for lands

11 and facilities described in subsection (e) or designated for

12 disposal under section 6.

13 (e) PROPERTY USED FOR ENVIRONMENTAL CLEAN14 UP.—

15 (1) RETENTION.—The Secretary of the Army

16 shall retain jurisdiction, authority, and control over

17 real property at the Arsenal to be used for—

18 (A) water treatment;

19 (B) the treatment, storage, or disposal of

20 any hazardous substance, pollutant or contami21 nant, hazardous material, or petroleum prod22 ucts or their derivatives;

23 (C) other purposes related to any response

24 action at the Arsenal; and
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1 (D) other actions required at the Arsenal

2 under any environmental law to remediate con3 tamination or conditions of noncompliance with

4 any environmental law.

5 (2) CONDITIONS.—The Secretary of the Army

6 shall consult with the Secretary of Agriculture re7 garding the identification and management of the

8 real property retained under this subsection and en9 sure that activities carried out on that property are

10 consistent, to the extent practicable, with the pur11 poses for which the MNP is established, as specified

12 in subsection (c) of section 5, and with the other

13 provisions of such section.

14 (3) PRIORITY OF RESPONSE ACTIONS.—In the

15 case of any conflict between management of the

16 property by the Secretary of Agriculture and any re17 sponse action or other action required under envi18 ronmental law to remediate petroleum products or

19 their derivatives, the response action or other such

20 action shall take priority.

21 (f) SURVEYS.—All costs of necessary surveys for the

22 transfer of jurisdiction of properties among Federal agen23 cies shall be shared equally by the Secretary of the Army

24 and the Secretary of the department receiving the prop25 erty. For lands transferred to a non-Federal agency pur-
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1 suant to section 6, the Secretary of the Army shall pay

2 the survey costs.

3 SEC. 4. CONTINUATION OF RESPONSIBILITY AND LIABILITY

4 OF THE SECRETARY OF THE ARMY FOR ENVI5 RONMENTAL CLEANUP.

6 (a) RESPONSIBILITY.—The liabilities and responsibil7 ities of the Secretary of the Army under any environ8 mental law shall not transfer under any circumstances to

9 the Secretary of Agriculture as a result of the property

10 transfers made under section 3 or section 6(b), or as a

11 result of implementation of section 3(b). With respect to

12 the real property at the Arsenal, the Secretary of the

13 Army shall remain liable for and continue to carry out—

14 (1) all response actions required under

15 CERCLA and other environmental law at or related

16 to the property; and

17 (2) all actions required under any other envi18 ronmental law to remediate petroleum products or

19 their derivatives (including motor oil and aviation

20 fuel).

21 (b) LIABILITY.—

22 (1) IN GENERAL.—Nothing in this Act shall be

23 construed to effect, modify, amend, repeal, alter,

24 limit or otherwise change, directly or indirectly, the

25 responsibilities or liabilities under any applicable en-
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1 vironmental law of any person (including the Sec2 retary of Agriculture), except as provided in para3 graph (3) with respect to the Secretary of Agri4 culture.

5 (2) LIABILITY OF SECRETARY OF THE ARMY.—

6 The Secretary of the Army shall retain any obliga7 tion or other liability at the Arsenal that the Sec8 retary may have under CERCLA and other environ9 mental laws. Following transfer of any portions of

10 the Arsenal pursuant to this Act, the Secretary of

11 the Army shall be accorded all easements and access

12 to such property as may be reasonably required to

13 carry out such obligation or satisfy such liability.

14 (3) SPECIAL RULES FOR SECRETARY OF AGRI15 CULTURE.—The Secretary of Agriculture shall not

16 be responsible or liable under any environmental law

17 for matters which are in any way related directly or

18 indirectly to activities of the Secretary of the Army,

19 or any party acting under the authority of the Sec20 retary in connection with the Defense Environmental

21 Restoration Program, at the Arsenal and which are

22 for any of the following:

23 (A) Costs of response actions required

24 under CERCLA at or related to the Arsenal.
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1 (B) Costs, penalties, or fines related to

2 noncompliance with any environmental law at

3 or related to the Arsenal or related to the pres4 ence, release, or threat of release of any hazard5 ous substance, pollutant, contaminant, hazard6 ous waste or hazardous material of any kind at

7 or related to the Arsenal, including contamina8 tion resulting from migration of hazardous sub9 stances, pollutants, contaminants, hazardous

10 materials, or petroleum products or their de11 rivatives disposed during activities of the De12 partment of the Army.

13 (C) Costs of actions necessary to remedy

14 such noncompliance or other problem specified

15 in paragraph (B).

16 (c) PAYMENT OF RESPONSE ACTION COSTS.—Any

17 Federal department or agency that had or has operations

18 at the Arsenal resulting in the release or threatened re19 lease of hazardous substances, pollutants, or contaminants

20 shall pay the cost of related response actions or related

21 actions under other statutes to remediate petroleum prod22 ucts or their derivatives, including motor oil and aviation

23 fuel.

24 (d) CONSULTATION.—The Secretary of Agriculture

25 shall consult with the Secretary of the Army with respect
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1 to the Secretary of Agriculture’s management of real prop2 erty included in the MNP subject to any response action

3 or other action at the Arsenal being carried out by or

4 under the authority of the Secretary of the Army under

5 any environmental law. The Secretary of Agriculture shall

6 consult with the Secretary of the Army prior to undertak7 ing any activities on the MNP that may disturb the prop8 erty to ensure that such activities will not exacerbate con9 tamination problems or interfere with performance by the

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

11 In carrying out response actions at the Arsenal, the Sec12 retary of the Army shall consult with the Secretary of Ag13 riculture to ensure that such actions are carried out in

14 a manner consistent with the purposes for which the MNP

15 is established, as specified in subsection (c) of section 5,

16 and the other provisions of such section.

17 SEC. 5. ESTABLISHMENT OF THE MIDEWIN NATIONAL

18 TALLGRASS PRAIRIE.

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

20 initial transfer of jurisdiction of portions of the Arsenal

21 to the Secretary of Agriculture under section 3(c)(1), the

22 Secretary of Agriculture shall establish the Midewin Na23 tional Tallgrass Prairie, which shall—

24 (1) be administered by the Secretary of Agri25 culture; and
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1 (2) consist of the real property so transferred

2 and such other portions of the Arsenal subsequently

3 transferred under section 3(c)(2).

4 (b) ADMINISTRATION.—

5 (1) IN GENERAL.—The Secretary of Agriculture

6 shall manage the MNP as a part of the National

7 Forest System in accordance with this Act and the

8 laws, rules and regulations pertaining to the Na9 tional Forests, except that the Bankhead-Jones

10 Farm Tenant Act of 1937 (7 U.S.C. 1010–1012)

11 shall not apply to the MNP.

12 (2) LAND ACQUISITION FUNDS.—Notwithstand13 ing section 7 of the Land and Water Conservation

14 Fund Act of 1965 (16 U.S.C. 460l–9), monies ap15 propriated from the Land and Water Conservation

16 Fund established under section 2 of such Act (16

17 U.S.C. 460l–5) shall be available for acquisition of

18 lands and interests in land for inclusion in the

19 MNP.

20 (3) ACQUISITION OF PRIVATE LANDS.—Acquisi21 tion of private lands for inclusion in the MNP shall

22 be on a willing seller basis only.

23 (4) INITIAL MANAGEMENT ACTIVITIES.—In

24 order to expedite the administration and public use

25 of the MNP, the Secretary of Agriculture may con-
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1 duct management activities at the MNP to effec2 tuate the purposes for which the MNP is estab3 lished, as set forth in subsection (c), in advance of

4 the development of a land and resource management

5 plan for the MNP.

6 (5) LAND AND RESOURCE MANAGEMENT

7 PLAN.—In developing a land and resource manage8 ment plan for the MNP, the Secretary of Agri9 culture shall consult with the Illinois Department of

10 Conservation and local governments adjacent to the

11 MNP and provide an opportunity for public com12 ment. Any parcel transferred to the Secretary of Ag13 riculture under this Act after the development of a

14 land and resource management plan for the MNP

15 may be managed in accordance with such plan with16 out need for an amendment to the plan.

17 (c) PURPOSES OF THE MIDEWIN NATIONAL

18 TALLGRASS PRAIRIE.—The MNP is established to be

19 managed for National Forest purposes, including the fol20 lowing:

21 (1) To conserve and enhance populations and

22 habitats of fish, wildlife, and plants, including popu23 lations of grassland birds, raptors, passerines, and

24 marsh and water birds.
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1 (2) To restore and enhance, where practicable,

2 habitat for species listed as proposed, threatened or

3 endangered under the Endangered Species Act of

4 1973 (16 U.S.C. 1531 et seq.).

5 (3) To provide fish and wildlife oriented public

6 uses at levels compatible with the conservation, en7 hancement and restoration of native wildlife and

8 plants and their habitats.

9 (4) To provide opportunities for scientific re10 search.

11 (5) To provide opportunities for environmental

12 and land use education.

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

14 the MNP in a manner that will conserve and en15 hance the natural diversity of native fish, wildlife,

16 and plants.

17 (7) To conserve and enhance the quality of

18 aquatic habitat.

19 (8) To provide for public recreation insofar as

20 such recreation is compatible with the other pur21 poses for which the MNP is established.

22 (d) PROHIBITION AGAINST THE CONSTRUCTION OF

23 NEW THROUGH ROADS.—No new construction of any

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

25 whether Federal, State, or local, shall be permitted
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1 through or across any portion of the MNP. Nothing herein

2 shall preclude construction and maintenance of roads for

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

4 utility rights-of-way under applicable Federal law, or pre5 clude such access as is necessary. Nothing herein shall

6 preclude necessary access by the Secretary of the Army

7 for purposes of restoration and cleanup as provided in this

8 Act.

9 (e) AGRICULTURAL LEASES AND SPECIAL USE AU10 THORIZATIONS.—Within the MNP, use of the lands for

11 agricultural purposes shall be permitted subject to the fol12 lowing terms and conditions:

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

14 under section 3 there exists any lease issued by the

15 Department of the Army, Department of Defense, or

16 any other agency thereof, for agricultural purposes

17 upon the parcel transferred, the Secretary of Agri18 culture, upon transfer of jurisdiction, shall convert

19 the lease to a special use authorization, the terms of

20 which shall be identical in substance to the lease

21 that existed prior to the transfer, including the expi22 ration date and any payments owed the United

23 States.

24 (2) The Secretary of Agriculture may issue spe25 cial use authorizations to persons for use of the
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1 MNP for agricultural purposes. Such special use au2 thorizations shall require payment of a rental fee, in

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

4 the use allowed. Fair market value shall be deter5 mined by appraisal or a competitive bidding process.

6 Special use authorizations issued pursuant to this

7 paragraph shall include terms and conditions as the

8 Secretary of Agriculture may deem appropriate.

9 (3) No agricultural special use authorization

10 shall be issued for agricultural purposes which has

11 a term extending beyond the date twenty years from

12 the date of enactment of this Act, except that noth13 ing in this Act shall preclude the Secretary from is14 suing agricultural special use authorizations or graz15 ing permits which are effective after twenty years

16 from the date of enactment of this Act for purposes

17 primarily related to erosion control, provision for

18 food and habitat for fish and wildlife, or other re19 source management activities consistent with the

20 purposes of the MNP.

21 (f) TREATMENT OF RENTAL FEES.—Monies received

22 pursuant to subsection (e) shall be subject to distribution

23 to the State of Illinois and affected counties pursuant to

24 the Acts of May 23, 1908, and March 1, 1911 (16 U.S.C.

25 500). All monies not so distributed pursuant to such Acts
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1 shall be covered into the Treasury and shall constitute a

2 special fund, which is hereby appropriated and made avail3 able until expended, to cover the cost to the United States

4 of such prairie-improvement work as the Secretary of Ag5 riculture may direct. Any portion of any deposit made to

6 the fund which the Secretary of Agriculture determines

7 to be in excess of the cost of doing such work shall be

8 transferred, upon such determination, to miscellaneous re9 ceipts, Forest Service Fund, as a National Forest receipt

10 of the fiscal year in which such transfer is made.

11 (g) USER FEES.—The Secretary is authorized to

12 charge reasonable fees for the admission, occupancy, and

13 use of the MNP and may prescribe a fee schedule provid14 ing for reduced or a waiver of fees for persons or groups

15 engaged in authorized activities including those providing

16 volunteer services, research, or education. The Secretary

17 shall permit admission, occupancy, and use at no addi18 tional charge for persons possessing a valid Golden Eagle

19 Passport or Golden Age Passport.

20 (h) SALVAGE OF IMPROVEMENTS.—The Secretary of

21 Agriculture may sell for salvage value any facilities and

22 improvements which have been transferred to the Sec23 retary of Agriculture pursuant to this Act.

24 (i) TREATMENT OF USER FEES AND SALVAGE RE25 CEIPTS.—Monies collected pursuant to subsections (g) and
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1 (h) shall be covered into the Treasury and constitute a

2 special fund to be known as the Midewin National

3 Tallgrass Prairie Restoration Fund (‘‘Fund’’). Deposits in

4 this fund shall be available, subject to appropriation, until

5 expended for use for restoration and administration of the

6 MNP, including construction of a visitor and education

7 center, restoration of ecosystems, construction of rec8 reational facilities (such as trails), construction of admin9 istrative offices, and operation and maintenance of the

10 MNP.

11 (j) COOPERATION WITH STATES, LOCAL GOVERN12 MENTS AND OTHER ENTITIES.—In the management of

13 the MNP, the Secretary is authorized and encouraged to

14 cooperate with appropriate Federal, State and local gov15 ernmental agencies, private organizations and corpora16 tions. Such cooperation may include cooperative agree17 ments as well as the exercise of the existing authorities

18 of the Secretary under the Cooperative Forestry Assist19 ance Act of 1978 and the Forest and Rangeland Renew20 able Resources Research Act of 1978. The objects of such

21 cooperation may include public education, land and re22 source protection, and cooperative management among

23 government, corporate and private landowners in a man24 ner which furthers the purposes of this Act.
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1 SEC. 6. DISPOSAL OF CERTAIN REAL PROPERTY AT THE

2 ARSENAL FOR A NATIONAL VETERANS CEME3 TERY AND A COUNTY LANDFILL AND TO THE

4 ADMINISTRATOR OF GENERAL SERVICES.

5 (a) PROPERTY DESIGNATED FOR DISPOSAL UNDER

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

7 the Arsenal are designated for disposal under this section:

8 (1) An area of real property consisting of ap9 proximately 425 acres, the approximate legal de10 scription of which includes part of sections 8 and 17,

11 Florence Township, T33N R10E, Will County, Illi12 nois, as depicted in the Arsenal Land Use Concept

13 to be conveyed to the County of Will, without com14 pensation, to be operated as a landfill by the Coun15 ty: Provided, That such additional acreage shall be

16 added to the landfill as is necessary to reasonably

17 accommodate needs for the disposal of refuse and

18 other materials from the restoration and cleanup of

19 only the Arsenal property as provided for in this

20 Act: Provided further, That the use of this additional

21 acreage by any agency of the Federal Government or

22 its agents or assigns shall be at no cost to the Fed23 eral Government. The Secretary of the Army may

24 require such additional terms and conditions in con25 nection with the conveyance under this paragraph as
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1 the Secretary considers appropriate to protect the

2 interests of the United States.

3 (2) An area of real property consisting of ap4 proximately 910 acres, the approximate legal de5 scription of which includes part of sections 30 and

6 31 Jackson Township, T34N R10E, and including

7 part of sections 25 and 36 Channahon Township,

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

9 Arsenal Land Use Concept to be transferred without

10 reimbursement to the Department of Veterans.

11 (3) The following areas are designated for dis12 posal pursuant to subsection (b): Manufacturing

13 Area—Study Area 1—Southern Ash Pile, Study

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

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

16 Study Area 10—Toluene Tank Farms, Study Area

17 11—Landfill, Study Area 12—Sellite Manufacturing

18 Area, Study Area 14—Former Pond Area, Study

19 Area 15—Sewage Treatment Plant. Load Assemble

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

21 Burning Ground: Study Area L2, Demolition Area:

22 Study Area L3, Landfill Area: Study Area L4, Sal23 vage Yard: Study Area L5, Group 1: Study Area

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

25 L9, Group 3A: Study Area L10, Doyle Lake: Study
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1 Area L12, Group 68: Study Area L13, Group 4:

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

3 8: Study Area L18, Group 9: Study Area L19,

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

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

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

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

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

9 Study Area L34, Fill Area: Study Area L35, includ10 ing all associated inventoried buildings and struc11 tures as identified in the Joliet Army Ammunition

12 Plant Plantwide Building and Structures Report and

13 the contaminate study sites for both the Manufac14 turing and Load Assembly and Packing sides of the

15 Joliet Arsenal as delineated in the Dames and

16 Moore Final Report, Phase 2 Remedial Investigation

17 Manufacturing (MFG) Area Joliet Army Ammuni18 tion Plant Joliet, Illinois (May 30, 1993. Contract

19 No. DAAA15–90–D–0015 task order No. 6 pre20 pared for: United States Army Environmental Cen21 ter); and excepting the national cemetery and land22 fill described in paragraphs (1) and (2).

23 (b) INITIAL OFFER TO SECRETARY OF AGRI24 CULTURE.—Within 6 months after the construction and

25 installation of any remedial design approved by the Ad-
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1 ministrator and required for any lands described in sub2 section (a)(3), the Administrator shall provide to the Sec3 retary of Agriculture all existing information regarding

4 the implementation of such remedy, including information

5 regarding its effectiveness. Within 3 months after the Ad6 ministrator provides such information to the Secretary of

7 Agriculture, the Secretary of the Army shall offer the Sec8 retary of Agriculture the option of accepting a transfer

9 of the areas described in subsection (a)(3), without reim10 bursement, to be added to the MNP and subject to the

11 terms and conditions, including the limitations on liability,

12 contained in this Act. In the event the Secretary of Agri13 culture declines such offer, the property may be disposed

14 of as the Army would ordinarily dispose of such property

15 under applicable provisions of law. Any sale or other trans16 fer of property conducted pursuant to this subsection may

17 be accomplished on a parcel-by-parcel basis.

18 SEC. 7. DEGREE OF ENVIRONMENTAL CLEANUP.

19 (a) IN GENERAL.—Nothing in this Act shall be con20 strued to restrict or lessen the degree of cleanup at the

21 Arsenal required to be carried out under provisions of any

22 environmental law.

23 (b) RESPONSE ACTION.—The establishment of the

24 MNP shall not restrict or lessen in any way response ac25 tion or degree of cleanup under CERCLA or other envi-
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1 ronmental law, or any response action required under any

2 environmental law to remediate petroleum products or

3 their derivatives (including motor oil and aviation fuel),

4 required to be carried out under the authority of the Sec5 retary of the Army at the Arsenal and surrounding areas.

6 (c) ENVIRONMENTAL QUALITY OF PROPERTY.—Any

7 contract for sale, deed, or other transfer of real property

8 under section 6 shall be carried out in compliance with

9 all applicable provisions of section 120(h) of the CERCLA

10 and other environmental laws.

Passed the House of Representatives October 7,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 4946

AN ACT

To establish the Midewin National Tallgrass Prairie

in the State of Illinois, and for other purposes.