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[Journal of the House of Representatives, 1995]
[Monday, July 31, 1995 (105), Para 105.8 Midewin National Tallgrass Prairie]
[Pages 1222-1225]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.105.8  midewin national tallgrass prairie

  On motion of Mr. EMERSON, by unanimous consent, the Committee on 
Commerce and the Committee on National Security were discharged from 
further consideration of the bill (H.R. 714) to establish the Midewin 
National Tallgrass Prairie in the State of Illinois, and for other 
purposes.
  When said bill was considered and read twice.
  The following amendment in the nature of a substitute, recommended by 
the Committee on Agriculture was considered:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Illinois 
     Land Conservation Act of 1995''.
       (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.

TITLE I--CONVERSION OF JOLIET ARMY AMMUNITION PLANT TO MIDEWIN NATIONAL 
                           TALLGRASS PRAIRIE

Sec. 101. Principles of transfer. 
Sec. 102. Transfer of management responsibilities and jurisdiction over 
              Arsenal.
Sec. 103. Continuation of responsibility and liability of Secretary of 
              the Army for environmental cleanup.
Sec. 104. Establishment and administration of Midewin National 
              Tallgrass Prairie.
Sec. 105. Special management requirements for Midewin National 
              Tallgrass Prairie.
Sec. 106. Special disposal rules for certain Arsenal parcels intended 
              for MNP.

     TITLE II--OTHER REAL PROPERTY DISPOSALS INVOLVING JOLIET ARMY 
                            AMMUNITION PLANT

Sec. 201. Disposal of certain real property at Arsenal for a national 
              cemetery.
Sec. 202. Disposal of certain real property at Arsenal for a county 
              landfill.
Sec. 203. Disposal of certain real property at Arsenal for economic 
              development.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. 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 ``Defense Environmental Restoration Program'' 
     means the program of environmental restoration for defense 
     installations established by the Secretary of Defense under 
     section 2701 of title 10, United States Code.
       (6) 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.).
       (7) The term ``hazardous substance'' has the meaning given 
     such term by section 101(14) of CERCLA (42 U.S.C. 9601(14)).
       (8) The abbreviation ``MNP'' means the Midewin National 
     Tallgrass Prairie established pursuant to section 104 and 
     managed as a part of the National Forest System.
       (9) 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.
       (10) The term ``person'' has the meaning given such term by 
     section 101(21) of CERCLA (42 U.S.C. 9601(21)).
       (11) The term ``pollutant or contaminant'' has the meaning 
     given such term by section 101(33) of CERCLA (42 U.S.C. 
     9601(33)).
       (12) The term ``release'' has the meaning given such term 
     by section 101(22) of CERCLA (42 U.S.C. 9601(22)).
       (13) The term ``response action'' has the meaning given the 
     term ``response'' by section 101(25) of CERCLA (42 U.S.C. 
     9601(25)).
TITLE I--CONVERSION OF JOLIET ARMY AMMUNITION PLANT TO MIDEWIN NATIONAL 
                           TALLGRASS PRAIRIE

     SEC. 101. PRINCIPLES OF TRANSFER.

       (a) 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 May 30, 1995.
       (b) Transfer Without Reimbursement.--The area constituting 
     the Midewin National Tallgrass Prairie shall be transferred, 
     without reimbursement, to the Secretary of Agriculture.
       (c) 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 
     sections 104 and 105 regarding the Midewin National Tallgrass 
     Prairie.
       (d) Security Measures.--The Secretary of the Army and the 
     Secretary of Agriculture 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.
       (e) 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 Midewin 
     National Tallgrass Prairie is established.
       (f) 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 Midewin National Tallgrass 
     Prairie is established.

[[Page 1223]]

     SEC. 102. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND 
                   JURISDICTION OVER
                   ARSENAL.

       (a) Initial Transfer of Jurisdiction.--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). The Secretary of the 
     Army shall transfer to the Secretary of Agriculture only 
     those portions of the Arsenal 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 subsection.
       (b) Additional Transfers.--The Secretary of the Army shall 
     transfer to the Secretary of Agriculture in accordance with 
     section 106(c) any portion of the property generally 
     identified in subsection (d) and not transferred under 
     subsection (a) 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 subsection, 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 
     subsection may be accomplished on a parcel-by-parcel basis.
       (c) Effect on Continued Responsibilities and Liability of 
     Secretary of the Army.--Subsections (a) and (b), and their 
     requirements, shall not in any way affect the 
     responsibilities and liabilities of the Secretary of the Army 
     specified in section 103.
       (d) Identification of Portions for Transfer for MNP.--The 
     lands to be transferred to the Secretary of Agriculture under 
     subsections (a) and (b) 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 106 or title II.
       (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 Midewin National Tallgrass 
     Prairie is established, as specified in section 104(c), and 
     with the other provisions of such section and section 105.
       (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 Arsenal property from the 
     Secretary of the Army to the Secretary of Agriculture shall 
     be borne by the Secretary of Agriculture.

     SEC. 103. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF 
                   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 102 or section 106, or as a result of interim 
     activities of the Secretary of Agriculture on Arsenal 
     property under section 101(f). With respect to the real 
     property at the Arsenal, the Secretary of the Army shall--
       (1) remain liable for environmental contamination 
     attributed to the Army; and
       (2) with respect to such contamination, continue to carry 
     out--
       (A) all response actions required under CERCLA at or 
     related to the property;
       (B) all remediation actions required under any other 
     environmental law at or related to the property; and
       (C) all actions required under any other environmental law 
     to remediate petroleum products or their derivatives 
     (including motor oil and aviation fuel) at or related to the 
     property.
       (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 subparagraph (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 Midewin National Tallgrass Prairie 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 Midewin National 
     Tallgrass Prairie 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 Midewin National Tallgrass Prairie 
     is established, as specified in section 104(c), and the other 
     provisions of such section and section 105.

     SEC. 104. ESTABLISHMENT AND ADMINISTRATION OF 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 102(a), the Secretary 
     of Agriculture shall establish the Midewin National Tallgrass 
     Prairie. The MNP 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 102(b) or 106.
       (b) Administration.--
       (1) In general.--The Secretary of Agriculture shall manage 
     the Midewin National Tallgrass Prairie as a part of the 
     National Forest System in accordance with this Act and the 
     laws, rules, and regulations pertaining to the National 
     Forest System, except that the Bankhead-Jones Farm Tenant Act 
     of 1937 (7 U.S.C. 1010-1012) shall not apply to the MNP.
       (2) Initial management activities.--In order to expedite 
     the administration and public use of the Midewin National 
     Tallgrass Prairie, 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.
       (3) Land and resource management plan.--In developing a 
     land and resource management plan for the Midewin National 
     Tallgrass Prairie, the Secretary of Agriculture shall consult 
     with the Illinois Department of Conservation and local 
     governments adjacent to the MNP and provide an

[[Page 1224]]

     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 Midewin National Tallgrass Prairie is established to be 
     managed for National Forest System 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) Other Land Acquisition for MNP.--
       (1) 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 Midewin National 
     Tallgrass Prairie.
       (2) Acquisition of private lands.--Acquisition of private 
     lands for inclusion in the Midewin National Tallgrass Prairie 
     shall be on a willing seller basis only.
       (e) Cooperation With States, Local Governments and Other 
     Entities.--In the management of the Midewin National 
     Tallgrass Prairie, the Secretary of Agriculture 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 for which the Midewin National Tallgrass Prairie 
     is established.

     SEC. 105. SPECIAL MANAGEMENT REQUIREMENTS FOR MIDEWIN 
                   NATIONAL TALLGRASS PRAIRIE.

       (a) 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 Midewin National Tallgrass Prairie. 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.
       (b) Agricultural Leases and Special Use Authorizations.--
     Within the Midewin National Tallgrass Prairie, 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 102 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 Midewin National 
     Tallgrass Prairie 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 of Agriculture 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 
     Midewin National Tallgrass Prairie.
       (c) Treatment of Rental Fees.--Monies received pursuant to 
     subsection (b) 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 such monies 
     not distributed pursuant to such Acts shall be covered into 
     the Treasury and shall constitute a special fund, which shall 
     be available to the Secretary of Agriculture, in such amounts 
     as are provided in advance in appropriation Acts, to cover 
     the cost to the United States of such prairie-improvement 
     work as the Secretary may direct. Any portion of any deposit 
     made to the fund which the Secretary 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.
       (d) User Fees.--The Secretary of Agriculture is authorized 
     to charge reasonable fees for the admission, occupancy, and 
     use of the Midewin National Tallgrass Prairie 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.
       (e) Salvage of Improvements.--The Secretary of Agriculture 
     may sell for salvage value any facilities and improvements 
     which have been transferred to the Secretary pursuant to this 
     Act.
       (f) Treatment of User Fees and Salvage Receipts.--Monies 
     collected pursuant to subsections (d) and (e) shall be 
     covered into the Treasury and constitute a special fund to be 
     known as the Midewin National Tallgrass Prairie Restoration 
     Fund. Deposits in the Midewin National Tallgrass Prairie 
     Restoration Fund shall be available to the Secretary of 
     Agriculture, in such amounts as are provided in advance in 
     appropriation Acts, for restoration and administration of the 
     Midewin National Tallgrass Prairie, 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.

     SEC. 106. SPECIAL DISPOSAL RULES FOR CERTAIN ARSENAL PARCELS 
                   INTENDED FOR MNP.

       (a) Description of Parcels.--Except as provided in 
     subsection (b), the following areas are designated for 
     disposal pursuant to subsection (c):
       (1) 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.
       (2) 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, Group 
     4: Study Area L14, Group 5: Study Area L15, Group 8: Study 
     Area L18, Group 9: Study Area L19, Group 27: Study Area L23, 
     Group 62: Study Area L25, PVC Area: Study Area L33, 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, Proposed Future Land Use Map, 
     dated May 30, 1995.
       (b) Exception.--The parcels described in subsection (a) 
     shall not include the property at the Arsenal designated for 
     disposal under title II.
       (c) 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), 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), without 
     reimbursement, to be added to the Midewin National Tallgrass 
     Prairie 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.

[[Page 1225]]

     TITLE II--OTHER REAL PROPERTY DISPOSALS INVOLVING JOLIET ARMY 
                            AMMUNITION PLANT

     SEC. 201. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSENAL FOR A 
                   NATIONAL CEMETERY.

       (a) Transfer Required.--Subject to section 301, the 
     Secretary of the Army shall transfer, without reimbursement, 
     to the Secretary of Veterans Affairs the parcel of real 
     property at the Arsenal described in subsection (b) for use 
     as a national cemetery.
       (b) Description of Property.--The real property to be 
     transferred under subsection (a) is a parcel of real property 
     at the Arsenal consisting of approximately 982 acres, the 
     approximate legal description of which includes part of 
     sections 30 and 31 Jackson Township, T34N R10E, and part of 
     sections 25 and 36 Channahon Township, T34N R9E, Will County, 
     Illinois, as depicted in the Arsenal Land Use Concept.
       (c) Security Measures.--The Secretary of Veterans Affairs 
     shall provide and maintain physical and other security 
     measures on the real property transferred under subsection 
     (a). Such security measures (which may include fences and 
     natural barriers) shall include measures to prevent members 
     of the public from gaining unauthorized access to the portion 
     of the Arsenal that is under the administrative jurisdiction 
     of such Secretary and that may endanger health or safety.
       (d) Surveys.--All costs of necessary surveys for the 
     transfer of jurisdiction of Arsenal properties from the 
     Secretary of the Army to the Secretary of Veterans Affairs 
     shall be borne solely by the Secretary of Veterans Affairs.

     SEC. 202. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSENAL FOR A 
                   COUNTY LANDFILL.

       (a) Transfer Required.--Subject to section 301, the 
     Secretary of the Army shall transfer, without compensation, 
     to Will County, Illinois, all right, title, and interest of 
     the United States in and to the parcel of real property at 
     the Arsenal described in subsection (b), which shall be 
     operated as a landfill by the County.
       (b) Description of Property.--The real property to be 
     transferred under subsection (a) is a parcel of real property 
     at the Arsenal consisting of approximately 455 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.
       (c) Condition on Conveyance.--The conveyance shall be 
     subject to the condition that the Army (or its agents or 
     assigns) may use the landfill established on the real 
     property transferred under subsection (a) for the disposal of 
     construction debris, refuse, and other nonhazardous materials 
     from the restoration and cleanup of the Arsenal property as 
     provided for in this Act. Such use shall be at no cost to the 
     Federal Government.
       (d) Reversionary Interest.--During the 5-year period 
     beginning on the date the Secretary of the Army makes the 
     conveyance under subsection (a), if the Secretary determines 
     that the conveyed real property is not being operated as a 
     landfill or that Will County, Illinois, is in violation of 
     the condition specified in subsection (c), all right, title, 
     and interest in and to the property, including improvements 
     thereon, shall revert to the United States. The United States 
     shall have the right of immediate entry onto the property. 
     Any determination of the Secretary under this subsection 
     shall be made on the record after an opportunity for a 
     hearing.
       (e) Surveys.--All costs of necessary surveys for the 
     transfer of real property under this section shall be borne 
     by Will County, Illinois.
       (f) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the conveyance under this section as the 
     Secretary considers appropriate to protect the interests of 
     the United States.

     SEC. 203. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSENAL FOR 
                   ECONOMIC DEVELOPMENT.

       (a) Transfer Required.--Subject to section 301, the 
     Secretary of the Army shall transfer to the State of 
     Illinois, all right, title, and interest of the United States 
     in and to the parcel of real property at the Arsenal 
     described in subsection (b), which shall be used for economic 
     redevelopment to replace all or a part of the economic 
     activity lost at the Arsenal.
       (b) Description of Property.--The real property to be 
     transferred under subsection (a) is a parcel of real property 
     at the Arsenal consisting of--
       (1) approximately 1,900 acres, the approximate legal 
     description of which includes part of section 30, Jackson 
     Township, Township 34 North, Range 10 East, and sections or 
     parts of sections 24, 25, 26, 35, and 36, Township 34 North, 
     Range 9 East, in Channahon Township, an area of 9.77 acres 
     around the Des Plaines River Pump Station located in the 
     southeast quarter of section 15, Township 34 North, Range 9 
     East of the Third Principal Meridian, in Channahon Township, 
     and an area of 511' x 596' around the Kankakee River Pump 
     Station in the Northwest Quarter of section 5, Township 33 
     North, Range 9 East, east of the Third Principal Meridian in 
     Wilmington Township, containing 6.99 acres, located along the 
     easterly side of the Kankakee Cut-Off in Will County, 
     Illinois, as depicted in the Arsenal Re-Use Concept, and the 
     connecting piping to the northern industrial site, as 
     described by the United States Army Report of Availability, 
     dated 13 December 1993; and
       (2) approximately 1,100 acres, the approximate legal 
     description of which includes part of sections 16, 17, 18 
     Florence Township, Township 33 North, Range 10 East, Will 
     County, Illinois, as depicted in the Arsenal Land Use 
     Concept.
       (c) Consideration.--The conveyance under subsection (a) 
     shall be made without consideration. However, the conveyance 
     shall be subject to the condition that, if the State of 
     Illinois reconveys all or any part of the conveyed property 
     to a non-Federal entity, the State shall pay to the United 
     States an amount equal to the fair market value of the 
     reconveyed property. The Secretary shall determine the fair 
     market value of any property reconveyed by the State as of 
     the time of the reconveyance, excluding the value of 
     improvements made to the property by the State. The Secretary 
     may treat a lease of the property as a reconveyance if the 
     Secretary determines that the lease was used in an effort to 
     avoid operation of this subsection. Amounts received under 
     this subsection shall be deposited in the general fund of the 
     Treasury for purposes of deficit reduction.
       (d) Other Conditions of Conveyance.--
       (1) Redevelopment authority.--The conveyance under 
     subsection (a) shall be subject to the further condition that 
     the Governor of the State of Illinois establish a 
     redevelopment authority to be responsible for overseeing the 
     economic redevelopment of the conveyed land.
       (2) Time for establishment.--To satisfy the condition 
     specified in paragraph (1), the redevelopment authority shall 
     be established within one year after the date of the 
     enactment of this Act.
       (e) Reversionary Interest.--During the 20-year period 
     beginning on the date the Secretary makes the conveyance 
     under subsection (a), if the Secretary determines that a 
     condition specified in subsection (c) or (d) is not being 
     satisfied, all right, title, and interest in and to the 
     conveyed property, including improvements thereon, shall 
     revert to the United States. The United States shall have the 
     right of immediate entry onto the property. Any determination 
     of the Secretary under this subsection shall be made on the 
     record after an opportunity for a hearing.
       (f) Surveys.--All costs of necessary surveys for the 
     transfer of real property under this section shall be borne 
     by the State of Illinois.
       (g) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the conveyance under this section as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. 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 Midewin 
     National Tallgrass Prairie under title I and the additional 
     real property disposals required under title II shall not 
     restrict or lessen in any way any 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 title II 
     shall be carried out in compliance with all applicable 
     provisions of section 120(h) of CERCLA and other 
     environmental laws.

  Mr. EMERSON submitted the following amendments to the committee 
amendment which were agreed to:

       In section 105(b)(2) of the bill, strike the sentence 
     beginning with ``Such special use'' and the sentence 
     beginning with ``Fair market value''.
       In section 201 of the bill, strike subsection (e).

  The committee amendment, as amended, was agreed to.
  The bill, as amended, was ordered to be engrossed and read a third 
time, was read a third time by title, and passed.
  A motion to reconsider the vote whereby the bill, as amended, was 
passed was, by unanimous consent, laid on the table.
  Ordered, That the Clerk request the concurrence of the Senate in said 
bill.
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