HOUSE OF REPRESENTATIVES

1225

1995 T105.9

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.

T105.9 ROLLA, MISSOURI LAND

CONVEYANCE

On motion of Mr. EMERSON, by

unanimous consent, the Committee of

the Whole House on the state of the

Union was discharged from further consideration of the bill (H.R. 701) to authorize the Secretary of Agriculture to

convey lands to the City of Rolla, Missouri.

When said bill was considered and

read twice.

The following amendment in the nature of a substitute, recommended by

the Committee on Agriculture, was

then agreed to:
JOURNAL OF THE

1226

T105.10 JULY 31

Strike out all after the enacting clause and

insert:

SECTION 1. LAND CONVEYANCE, ROLLA RANGER

DISTRICT ADMINISTRATIVE SITE,

ROLLA, MISSOURI.

(a) CONVEYANCE AUTHORIZED.—Subject to

the terms and conditions specified in this

section, the Secretary of Agriculture may

sell to the city of Rolla, Missouri (in this

section referred to as the ‘‘City’’), all right,

title, and interest of the United States in

and to the following: The property identified

as the Rolla Ranger District Administrative

Site of the Forest Service located in Rolla,

Phelps County, Missouri, encompassing ten

acres more or less, the conveyance of which

by C.D. and Oma A. Hazlewood to the United

States was recorded on May 6, 1936, in book

104, page 286 of the Record of Deeds of Phelps

County, Missouri.

(b) CONSIDERATION.—As consideration for

the conveyance under subsection (a), the

City shall pay to the Secretary an amount

equal to the fair market value of the property as determined by an appraisal acceptable to the Secretary and prepared in accordance with the Uniform Appraisal Standards

for Federal Land Acquisition as published by

the Department of Justice. Payment shall be

due in full within six months after the date

the conveyance is made or, at the option of

the City, in twenty equal annual installments commencing on January 1 of the first

year following the conveyance and annually

thereafter until the total amount due has

been paid.

(c) DEPOSIT OF FUNDS RECEIVED.—Funds received by the Secretary under subsection (b)

as consideration for the conveyance shall be

deposited into the special fund in the Treasury authorized by the Act of December 4,

1967 (16 U.S.C. 484a, commonly known as the

Sisk Act). Such funds shall be available, subject to appropriation, until expended by the

Secretary.

(d) RELEASE.—Subject to compliance with

all Federal environmental laws prior to

transfer, the City, upon conveyance of the

property under subsection (a), shall agree in

writing to hold the United States harmless

from any and all claims relating to the property, including all claims resulting from hazardous materials on the conveyed lands.

(e) REVERSION.—The conveyance under subsection (a) shall be made by quitclaim deed

in fee simple subject to reversion to the

United States and right of reentry upon such

conditions as may be prescribed by the Secretary in the deed of conveyance or in the

event the City fails to comply with the compensation requirements specified in subsection (b).

(f) CONVERSION OF HISTORIC RESOURCES.—In

consultation with the State Historic Preservation Office of the State of Missouri, the

Secretary shall ensure that the historic resources on the property to be conveyed are

conserved by requiring, at the closing on the

conveyance of the property, that the City

convey an historic preservation easement to

the State of Missouri assuring the right of

the State to enter the property for historic

preservation purposes. The historic preservation easement shall be negotiated between

the State of Missouri and the City, and the

conveyance of the easement shall be a condition to the conveyance authorized under subsection (a). The protection of the historic resources on the conveyed property shall be

the responsibility of the State of Missouri

and the City, and not that of the Secretary.

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.

T105.10 TALLADEGA NATIONAL FOREST

On motion of Mr. EMERSON, by

unanimous consent, the Committee of

the Whole House on the state of the

Union was discharged from further consideration of the bill (H.R. 1874) to

modify the boundaries of the Talladega

National Forest, Alabama.

When said bill was considered and

read twice.

The following amendment in the nature of a substitute, recommended by

the Committee on Agriculture, was

then agreed to:

Strike out all after the enacting clause and

insert:

SECTION 1. EXPANSION OF TALLADEGA NATIONAL FOREST.

(a) BOUNDARY MODIFICATION.—The exterior

boundaries of the Talladega National Forest

is hereby modified to include the following

described lands:

Huntsville Meridian, Township 17 South,

Range 8 East, Section 34, NE1⁄4, SW1⁄4, and

S1⁄2NW1⁄4, Cleburne County, containing 339.40

acres, more or less.

Huntsville Meridian, Township 13 South,

Range 9 East, Section 28, SE1⁄4, Calhoun

County, containing 160.00 acres, more or less.

(b) ADMINISTRATION.—(1) Subject to valid

existing rights, all Federal lands described

under subsection (a) are hereby added to and

shall be administered as part of the

Talladega National Forest, and the Secretary of the Interior shall transfer, without

reimbursement, administrative jurisdiction

over such lands to the Secretary of Agriculture.

(2) Nothing in this section shall be construed to affect the validity of or the terms

and conditions of any existing right-of-way,

easement, lease, license, or permit on lands

transferred by subsection (a), except that

such lands shall be administered by the Forest Service. Reissuance of any authorization

shall be in accordance with the laws and regulations generally applying to the Forest

Service, and the change of jurisdiction over

such lands resulting from the enactment of

this Act shall not constitute a ground for the

denial of renewal or reissuance of such authorization.

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.

T105.11 RECESS—1:36 P.M.

The SPEAKER pro tempore, Mr.

EVERETT, pursuant to clause 12 of

rule I, declared the House in recess at

1 o’clock and 36 minutes p.m., subject

to the call of the Chair until 2 p.m..

T105.12 AFTER RECESS—2 P.M.

The SPEAKER pro tempore, Mr.

COMBEST, called the House to order.

T105.13 D.C. EMERGENCY HIGHWAY

RELIEF

Mr. SHUSTER moved to suspend the

rules and pass the bill (H.R. 2017) to authorize an increased Federal share of

the costs of certain transportation

projects in the District of Columbia for

fiscal years 1995 and 1996; as amended.

The SPEAKER pro tempore, Mr.

COMBEST, recognized Mr. SHUSTER

and Mr. RAHALL, each for 20 minutes.

After debate,

The question being put, viva voce,

Will the House suspend the rules and

pass said bill, as amended?

The SPEAKER pro tempore, Mr.

COMBEST, announced that two-thirds

of the Members present had voted in

the affirmative.

So, two-thirds of the Members

present having voted in favor thereof,

the rules were suspended and said bill,

as amended, was passed.

A motion to reconsider the vote

whereby the rules were suspended and

said 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.

T105.14 ORDER OF BUSINESS—

CONSIDERATION OF AMENDMENT—H.R.

2099

On motion of Mr. LEWIS of California, by unanimous consent,

Ordered, That during the further consideration of the bill (H.R. 2099) making appropriations for the Departments

of Veterans Affairs and Housing and

Urban Development, and for sundry

independent agencies, boards, commissions, corporations, and offices for fiscal year ending September 30, 1996, and

for other purposes, pursuant to the provisions of House Resolution 201, the

time for consideration of the amendment of Mr. Dingell, and all amendments thereto, be limited to 30 minutes, to be equally divided and controlled by Mr. Dingell and Mr. Lewis.

T105.15 VA—HUD APPROPRIATION, FY 1996

The SPEAKER pro tempore, Mr.

WHITFIELD, pursuant to House Resolution 201 and rule XXIII, declared the

House resolved into the Committee of

the Whole House on the state of the

Union for the further consideration of

the bill (H.R. 2099) making appropriations for the Departments of Veterans

Affairs and Housing and Urban Development, and for sundry independent

agencies, boards, commissions, corporations, and offices for fiscal year

ending September 30, 1996, and for

other purposes.

Mr. COMBEST, Chairman of the

Committee of the Whole, resumed the

chair; and after some time spent therein,

The SPEAKER pro tempore, Mr.

PORTER, assumed the Chair.

When Mr. COMBEST, Chairman, reported that the Committee, having had

under consideration said bill, had come

to no resolution thereon.

T105.16 RECESS—4:30 P.M.

The SPEAKER pro tempore, Mr. ENSIGN, pursuant to clause 12 of rule I,

declared the House in recess subject to

the call of the Chair.