```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 449 Introduced in Senate (IS)]

  1st Session
                                 S. 449

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            February 16 (legislative day, January 30), 1995

Mr. Simon (for himself and Ms. Moseley-Braun) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illinois Land Conservation Act of 
1995''.

SEC. 2. DEFINITIONS.

    As used in this Act (unless the context clearly requires otherwise) 
:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Agricultural purposes.--The term ``agricultural 
        purposes'' means, with respect to land, the use of land for row 
        crops, pasture, hay, or grazing.
            (3) Arsenal.--The term ``Arsenal'' means the Joliet Army 
        Ammunition Plant located in the State of Illinois.
            (4) Arsenal Land Use Concept.--The term ``Arsenal Land Use 
        Concept'' refers to the proposals that were developed and 
        unanimously approved on April 8, 1994, by the Joliet Arsenal 
        Citizen Planning Commission.
            (5) CERCLA.--The term ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.).
            (6) Defense environmental restoration program.--The term 
        ``Defense Environmental Restoration Program'' means the Defense 
        Environmental Restoration Program established under section 
        2701 of title 10, United States Code.
            (7) Environmental law.--The term ``environmental law'' 
        means all applicable Federal, State, and local laws, 
        regulations, and requirements related to the protection of 
        human health, natural and cultural resources, or the 
        environment, including--
                    (A) CERCLA;
                    (B) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
                    (C) the Federal Water Pollution Control Act 
                (commonly known as the ``Clean Water Act''; 33 U.S.C. 
                1251 et seq.);
                    (D) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    (E) the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.);
                    (F) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.); and
                    (G) title XIV of the Public Health Service Act 
                (commonly known as the ``Safe Drinking Water Act'') (42 
                U.S.C. 300f et seq.).
            (8) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning given the term in section 101(14) of CERCLA (42 
        U.S.C. 9601(14)).
            (9) MNP.--The term ``MNP'' means the Midewin National 
        Tallgrass Prairie established under section 3 and managed as 
        part of the National Forest System.
            (10) National cemetery.--The term ``national cemetery'' 
        means a cemetery that is part of the National Cemetery System 
        under chapter 24 of title 38, United States Code.
            (11) Person.--The term ``person'' has the meaning given the 
        term in section 101(21) of CERCLA (42 U.S.C. 9601(21)).
            (12) Pollutant or contaminant.--The term ``pollutant or 
        contaminant'' has the meaning given the term in section 101(33) 
        of CERCLA (42 U.S.C. 9601(33)).
            (13) Release.--The term ``release'' has the meaning given 
        the term in section 101(22) of CERCLA (42 U.S.C. 9601(22)).
            (14) Response.--The term ``response'' has the meaning given 
        the term in section 101(25) of CERCLA (42 U.S.C. 9601(25)).
            (15) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. ESTABLISHMENT OF THE MIDEWIN NATIONAL TALLGRASS PRAIRIE.

    (a) Establishment.--On the date of the initial transfer of 
jurisdiction of portions of the Arsenal to the Secretary under section 
4(a)(1), the Secretary shall establish the MNP described in subsection 
(b).
    (b) Description.--The MNP shall consist of all portions of the 
Arsenal transferred to the Secretary under this Act.
    (c) Administration.--The Secretary shall manage the MNP as a part 
of the National Forest System in accordance with this Act and the laws, 
rules, and regulations pertaining to the National Forests, except that 
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000 et seq.) shall not 
apply to the MNP.
    (d) Land Acquisition Funds.--Notwithstanding section 7 of the Land 
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), money 
appropriated from the land and water conservation fund established 
under section 2 of the Act (16 U.S.C. 460l-5) may be used for 
acquisition of lands and interests in land for inclusion in the MNP.
    (e) Land and Resource Management Plan.--The Secretary shall develop 
a land and resource management plan for the MNP, after consulting with 
the Illinois Department of Conservation and local governments adjacent 
to the MNP and providing an opportunity for public comment.
    (f) Pre-Plan Management.--In order to expedite the administration 
and public use of the MNP, the Secretary may, prior to the development 
of a land and resource management plan for the MNP under subsection 
(e), manage the MNP for the purposes described in subsection (g).
    (g) Purposes of MNP.--In establishing the MNP, the Secretary 
shall--
            (1) conserve and enhance populations and habitats of fish, 
        wildlife, and plants, including populations of grassland birds, 
        raptors, passerines, and marsh and water birds;
            (2) restore and enhance, where practicable, habitats for 
        species listed as threatened or endangered, or proposed to be 
        listed, under section 4 of the Endangered Species Act of 1973 
        (16 U.S.C. 1533);
            (3) provide fish- and wildlife-oriented public uses at 
        levels compatible with the conservation, enhancement, and 
        restoration of native wildlife and plants and the habitats of 
        native wildlife and plants;
            (4) provide opportunities for scientific research;
            (5) provide opportunities for environmental and land use 
        education;
            (6) 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) conserve and enhance the quality of aquatic habitat; 
        and
            (8) provide for public recreation insofar as the recreation 
        is compatible with paragraphs (1) through (7).
    (h) Prohibition Against the Construction of New Through Roads.--
            (1) In general.--Subject to paragraph (2), no new 
        construction of a highway, public road, or part of the 
        interstate system, whether Federal, State, or local, shall be 
        permitted through or across any portion of the MNP.
            (2) Allowed access.--This subsection does not preclude--
                    (A) construction and maintenance of roads for use 
                within the MNP;
                    (B) the granting of authorizations for utility 
                rights-of-way under applicable Federal, State, or local 
                law;
                    (C) necessary access by the Secretary of the Army 
                for purposes of restoration and cleanup as provided in 
                this Act;
                    (D) such other access as is necessary.
    (i) Agricultural Leases and Special Use Authorizations.--
            (1) Previous lease.--If, at the time of transfer of 
        jurisdiction under section 4(a), there exists a lease issued by 
        the Secretary of the Army, Secretary of Defense, or an employee 
        of the Secretary of the Army or the Secretary of Defense, for 
        agricultural purposes on the land transferred, the Secretary, 
        on the transfer of jurisdiction, shall issue a special use 
        authorization. Subject to paragraph (3), the terms of the 
        special use authorization shall be identical in substance to 
        the lease, including terms prescribing the expiration date and 
        any payments owed to the United States. On issuance of the 
        special use authorization, the lease shall become void.
            (2) Other special use authorizations.--The Secretary may 
        issue a special use authorization to a person for use of the 
        MNP for agricultural purposes. The special use authorization 
        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. Subject to paragraph (3), the special use 
        authorization shall include such terms and conditions as the 
        Secretary considers appropriate.
            (3) Limitation on special use authorizations.--No special 
        use authorization shall be issued under this subsection that 
        has a term extending beyond the date that is 20 years after the 
        date of enactment of this Act, unless the special use 
        authorization is issued primarily for purposes related to--
                    (A) erosion control;
                    (B) provision for food and habitat for fish and 
                wildlife; or
                    (C) resource management activities consistent with 
                the purposes of the MNP.
    (j) Treatment of Rental Fees.--Funds received under a special use 
authorization issued under subsection (i) shall be subject to 
distribution to the State of Illinois and affected counties in 
accordance with the Act of May 23, 1908 (35 Stat. 260, chapter 192; 16 
U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963, 
chapter 186; 16 U.S.C. 500). All funds not distributed under the Acts 
shall be credited to an MNP Rental Fee Account, to be maintained by the 
Secretary of the Treasury. Amounts in the Account shall remain 
available until expended, without fiscal year limitation. The Secretary 
may use funds in the Account to carry out prairie-improvement work. Any 
funds in the account that the Secretary determines to be in excess of 
the cost of doing prairie-improvement work shall be transferred, on the 
determination, to miscellaneous receipts, Forest Service Fund, as a 
National Forest receipt for the fiscal year in which the transfer is 
made.
    (k) User Fees.--The Secretary is authorized to charge reasonable 
fees for the admission, occupancy, and use of the MNP and may prescribe 
a fee schedule providing for a reduction or a waiver of fees for a 
person engaged in an activity authorized by the Secretary, including 
volunteer services, research, or education. The Secretary shall permit 
admission, occupancy, and use of the MNP at no charge for a person 
possessing a valid Golden Eagle Passport or Golden Age Passport.
    (l) Salvage of Improvements.--The Secretary may sell for salvage 
value any facility or improvement that is transferred to the Secretary 
under this Act.
    (m) Treatment of User Fees and Salvage Receipts.--Funds collected 
under subsections (k) and (l) shall be credited to a Midewin National 
Tallgrass Prairie Restoration Fund, to be maintained by the Secretary 
of the Treasury. Amounts in the Fund shall remain available, subject to 
appropriation, without fiscal year limitation. The Secretary may use 
amounts in the Fund for restoration and administration of the MNP, 
including construction of a visitor and education center, restoration 
of ecosystems, construction of recreational facilities (such as 
trails), construction of administrative offices, and operation and 
maintenance of the MNP.
    (n) Cooperation With States, Local Governments, and Other 
Entities.--In the management of the MNP, the Secretary shall, to the 
extent practicable, cooperate with affected appropriate Federal, State, 
and local governmental agencies, private organizations, and 
corporations. The cooperation may include entering a cooperative 
agreement or exercising authority under the Cooperative Forestry 
Assistance Act of 1978 (16 U.S.C. 2101 et seq.) or the Forest and 
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et 
seq.). The purpose of the cooperation may include public education, 
land and resource protection, or cooperative management among 
government, corporate, and private landowners in a manner that is 
consistent with this Act.

SEC. 4. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER 
              THE ARSENAL.

    (a) Phased Transfer of Jurisdiction.--
            (1) Initial transfer.--Not later than 180 days after the 
        date of the enactment of this Act, the Secretary of the Army 
        shall transfer to the Secretary those portions of the Arsenal 
        property identified for transfer to the Secretary under 
        subsection (c), and shall transfer to the Secretary of Veterans 
Affairs those portions identified for transfer to the Secretary of 
Veterans Affairs under section 5(c)(4). In the case of the Arsenal 
property to be transferred to the Secretary of Agriculture, the 
Secretary of the Army shall transfer to the Secretary of Agriculture 
only those portions for which the Secretary of the Army and the 
Administrator concur in finding that no further action is required 
under any environmental law and that have been eliminated from the 
areas to be further studied pursuant to the Defense Environmental 
Restoration Program for the Arsenal. Not later than 120 days after the 
date of the enactment of this Act, the Secretary of the Army and the 
Administrator shall provide to the Secretary--
                    (A) all documentation that exists on the date the 
                documentation is provided that supports the finding; 
                and
                    (B) all information that exists on the date the 
                information is provided that relates to the 
                environmental conditions of the portions of the Arsenal 
                to be transferred to the Secretary under this 
                paragraph.
            (2) Additional transfers.--
                    (A) In general.--The Secretary of the Army shall 
                transfer to the Secretary of Agriculture any portion of 
                the property generally identified in subsection (c) and 
                not transferred pursuant to paragraph (1) when the 
                Secretary of the Army and the Administrator concur in 
                finding that no further action is required at that 
                portion of property under any environmental law and 
                that the portion has been eliminated from the areas to 
                be further studied pursuant to the Defense 
                Environmental Restoration Program for the Arsenal.
                    (B) Documentation and information.--Not later than 
                60 days prior to a transfer under this paragraph, the 
                Secretary of the Army and the Administrator shall 
                provide to the Secretary--
                            (i) all documentation that exists on the 
                        date the documentation is provided that 
                        supports the finding; and
                            (ii) all information that exists on the 
                        date the information is provided that relates 
                        to the environmental conditions of the portions 
                        of the Arsenal to be transferred to the 
                        Secretary under this paragraph.
                    (C) Parcel-by-parcel.--Transfer of jurisdiction 
                under this paragraph may be accomplished on a parcel-
                by-parcel basis.
            (3) Responsibilities and liabilities.--This section shall 
        not affect the responsibilities and liabilities of the 
        Secretary of the Army under section 6.
    (b) Transfer Without Reimbursement.--The Secretary of the Army 
shall transfer the area constituting the MNP to the Secretary without 
reimbursement.
    (c) Identification of Portions for Transfer for MNP.--The lands to 
be transferred to the Secretary under subsection (a) shall be 
identified in an agreement between the Secretary of the Army and the 
Secretary. All the real property and improvements comprising the 
Arsenal, except for lands and facilities described in subsection (g) or 
designated for transfer or disposal to parties other than the Secretary 
under section 5, shall be transferred to the Secretary.
    (d) Security Measures.--The Secretary, the Secretary of the Army, 
and the Secretary of Veterans Affairs, shall each provide and maintain 
physical and other security measures on such portion of the Arsenal as 
is under the administrative jurisdiction of the respective Secretary. 
The 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 each respective Secretary and that may 
endanger health or safety.
    (e) Cooperative Agreements.--The Secretary, the Secretary of the 
Army, and the Administrator individually and collectively may enter 
into a cooperative agreement or a memoranda of understanding among each 
other, with another affected Federal agency, State or local government, 
private organization, or corporation to carry out the purposes 
described in section 3(g).
    (f) Interim Activities of the Secretary.--Prior to transfer and 
subject to such reasonable terms and conditions as the Secretary of the 
Army may prescribe, the Secretary may enter on the Arsenal property for 
purposes related to planning, resource inventory, fish and wildlife 
habitat manipulation (which may include prescribed burning), and other 
such activities consistent with the purposes for which the MNP is 
established.
    (g) Property Used for Environmental Cleanup.--
            (1) Retention.--The Secretary of the Army shall retain 
        jurisdiction, authority, and control over real property at the 
        Arsenal that is used for--
                    (A) water treatment;
                    (B) the treatment, storage, or disposal of a 
                hazardous substance, pollutant or contaminant, 
                hazardous material, or petroleum product or a 
                derivative of the product;
                    (C) purposes related to a response at the Arsenal; 
                and
                    (D) actions required at the Arsenal under an 
                environmental law to remediate contamination or 
                conditions of noncompliance with an environmental law.
            (2) Conditions.--The Secretary of the Army shall consult 
        with the Secretary regarding the identification and management 
        of the real property retained under this subsection and ensure 
        that activities carried out on the property are compatible, to 
        the extent practicable, with the purposes for which the MNP is 
        established, as described in section 3(g), and with the other 
        provisions of this Act.
            (3) Priority of response.--In the case of a conflict 
        between management of the property by the Secretary and a 
        response or other action required under an environmental law, 
        or necessary to remediate a petroleum product or a derivative 
        of the product, the response or other action shall take 
        priority.
            (4) Surveys.--All costs of necessary surveys for the 
        transfer of jurisdiction of properties among Federal agencies 
        shall be shared equally by the Secretary of the Army and the 
        Secretary exercising jurisdiction over the property. In the 
        case of lands transferred to a non-Federal agency under section 
        5, the Secretary of the Army shall pay the survey costs.

SEC. 5. DISPOSAL FOR INDUSTRIAL PARKS, A COUNTY LANDFILL, AND A 
              NATIONAL VETERANS CEMETERY AND TO THE ADMINISTRATOR OF 
              GENERAL SERVICES.

    (a) National Veterans Cemetery.--The Secretary of the Army shall 
convey to the Department of Veterans Affairs, without compensation, an 
area of real property to be used for a national cemetery, as authorized 
under section 2337 of the National Defense Authorization Act for Fiscal 
Years 1988 and 1989 (101 Stat. 1225), consisting of approximately 910 
acres, the approximate legal description of which includes part of 
sections 30 and 31 Jackson Township, T. 34 N. R. 10 E., and including 
part of sections 25 and 36 Channahon Township, T. 34 N. R. 9 E., Will 
County, Illinois, as depicted on the Arsenal Land Use Concept.
    (b) County of Will Landfill.--
            (1) In general.--Subject to the other provisions of this 
        subsection, the Secretary of the Army shall convey an area of 
        real property to the County of Will, without compensation, to 
        be used for a landfill by the County, consisting of 
        approximately 425 acres of the Arsenal, the approximate legal 
        description of which includes part of sections 8 and 17, 
        Florence Township, T. 33 N. R. 10 E., Will County, Illinois, as 
        depicted in the Arsenal Land Use Concept.
            (2) Additions to landfill.--Additional acreage shall be 
        added to the landfill described in paragraph (1) as is 
        necessary to reasonably accommodate needs for the disposal of 
        refuse and other materials from the restoration and cleanup of 
        the Arsenal property.
            (3) No compensation.--Use of the landfill described in 
        paragraph (1) or additional acreage under paragraph (2) by any 
        agency of the Federal Government shall be at no cost to the 
        Federal Government.
            (4) Additional terms.--The Secretary of the Army may 
        require such additional terms and conditions in connection with 
        a conveyance under this paragraph as the Secretary of the Army 
        considers appropriate to protect the interests of the United 
        States.
            (5) Reversionary interest.--Any conveyance of real property 
        under this subsection shall contain a reversionary interest 
        that provides that the property shall revert to the Secretary 
        of the Agriculture for inclusion in the MNP if the property is 
        not operated as a landfill.
            (6) Environmental liability.--Liability for environmental 
        conditions at or related to the landfill described in paragraph 
        (1) resulting from activities occurring at the landfill after 
        the date of enactment of this Act and before a revision under 
        paragraph (5) shall be borne by the County of Will.
    (c) Village of Elwood Industrial Park.--The Secretary of the Army 
shall convey an area of real property to the Village of Elwood, 
Illinois, to be used for an industrial park, consisting of 
approximately 1,900 acres of the Arsenal, the approximate legal 
description of which includes part of section 30, Jackson Township, T. 
34 N. R. 10 E., and sections or part of sections 24, 25, 26, 35, and 36 
Channahon Township, T. 34 N. R. 9 E., Will County, Illinois, as 
depicted on the Arsenal Land Use Concept. The conveyance shall be at 
fair market value, as determined in accordance with Federal appraisal 
standards and procedures. Any funds received by the Village of Elwood 
from the sale or other transfer of the property, or portions of the 
property, less any costs expended for improvements on the property, 
shall be remitted to the Secretary of the Army.
    (d) City of Wilmington Industrial Park.--The Secretary of the Army 
shall convey an area of real property to the City of Wilmington, 
Illinois, to be used for an industrial park, consisting of 
approximately 1,100 acres of the Arsenal, the approximate legal 
description of which includes part of sections 16, 17, and 18 Florence 
Township, T. 33 N. R. 10 E., Will County, Illinois, as depicted on the 
Arsenal Land Use Concept. The conveyance shall be at fair market value, 
as determined in accordance with Federal appraisal standards and 
procedures. Any funds received by the City of Wilmington from the sale 
or other transfer of the property, or portions of the property, less 
any costs expended for improvements on the property, shall be remitted 
to the Secretary of the Army.
    (e) Optional Additional Areas.--
            (1) In general.--Not later than 180 days after the 
        construction and installation of any remedial design approved 
        by the Administrator and required for any lands described in 
        paragraph (2), the Administrator shall provide to the Secretary 
        all information existing on the date the information is 
        provided regarding the implementation of the remedy, including 
        information regarding the effectiveness of the remedy. Not 
        later than 180 days after the Administrator provides the 
        information to the Secretary, the Secretary of the Army shall 
        offer the Secretary the option of accepting a conveyance of the 
        areas described in paragraph (2), without reimbursement, to be 
        added to the MNP subject to the terms and conditions, including 
        the limitations on liability, contained in this Act. If the 
        Secretary declines the offer, the property may be disposed of 
        as the Secretary of the Army would ordinarily dispose of the 
        property under applicable provisions of law. The conveyance of 
        property under this paragraph may be accomplished on a parcel-
        by-parcel basis.
            (2) Description of areas.--
                    (A) In general.--The areas on the Arsenal Land Use 
                Concept that may be conveyed under paragraph (1) are--
                            (i) manufacturing area, study area 1, 
                        southern ash pile;
                            (ii) study area 2, explosive burning 
                        ground;
                            (iii) study area 3, flashing-grounds;
                            (iv) study area 4, lead azide area;
                            (v) study area 10, toluene tank farms;
                            (vi) study area 11, landfill;
                            (vii) study area 12, sellite manufacturing 
                        area;
                            (viii) study area 14, former pond area;
                            (ix) study area 15, sewage treatment plant;
                            (x) study area L1, load assemble packing 
                        area, group 61;
                            (xi) study area L2, explosive burning 
                        ground;
                            (xii) study area L3, demolition area;
                            (xiii) study area L4, landfill area;
                            (xiv) study area L5, salvage yard;
                            (xv) study area L7, group 1;
                            (xvi) study area L8, group 2;
                            (xvii) study area L9, group 3;
                            (xviii) study area L10, group 3A;
                            (xix) study area L12, Doyle Lake;
                            (xx) study area L14, group 4;
                            (xxi) study area L15, group 5;
                            (xxii) study area L18, group 8;
                            (xxiii) study area L19, group 9;
                            (xxiv) study area L20, group 20;
                            (xxv) study area L22, group 25;
                            (xxvi) study area L23, group 27;
                            (xxvii) study area L25, group 62;
                            (xxviii) study area L31, extraction pits;
                            (xxix) study area L33, PVC area;
                            (xxx) study area L34, former burning area; 
                        and
                            (xxxi) study area L35, fill area.
                    (B) Additional areas.--The areas referred to in 
                subparagraph (A) shall include 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 shown in the Dames and 
                Moore Final Report, Phase 2 Remedial Investigation 
                Manufacturing (MFG) Area Joliet Army Ammunition Plant 
                Joliet, Illinois (May 30, 1993. Contract No. DAAA15-90-
                D-0015 task order No. 6 prepared for: United States 
                Army Environmental Center).
                    (C) Exception.--Notwithstanding subparagraphs (A) 
                and (B), the landfill and national cemetery described 
                in paragraphs (3) and (4) shall not be subject to 
                paragraph (1).

SEC. 6. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF THE SECRETARY 
              OF THE ARMY FOR ENVIRONMENTAL CLEANUP.

    (a) Responsibility.--A liability or responsibility of the Secretary 
of the Army under an environmental law shall not transfer to the 
Secretary of Agriculture as a result of this Act. With respect to the 
real property at the Arsenal, the Secretary of the Army shall remain 
liable for and continue to carry out--
            (1) all responses required under CERCLA at or related to 
        the property;
            (2) all remediation actions required under any 
        environmental law at or related to the property; and
            (3) all actions required under any environmental law to 
        remediate petroleum products or derivatives of the products 
        (including motor oil and aviation fuel) at or related to the 
        property.
    (b) Liability.--
            (1) In general.--Nothing in this Act shall affect, modify, 
        amend, repeal, alter, limit, or otherwise change, directly or 
        indirectly, the responsibilities and liabilities of a person 
        under an applicable environmental law, except as provided in 
        paragraph (3) with respect to the Secretary of Agriculture.
            (2) Liability of the secretary of the army.--The Secretary 
        of the Army shall retain any obligation or other liability at 
        the Arsenal that the Secretary had under CERCLA and other 
        environmental laws. Following transfer of a portion of the 
        Arsenal under this Act, the Secretary of the Army shall be 
        accorded any easement or access to the property that may be 
        reasonably required to carry out the obligation or satisfy the 
        liability.
            (3) Liability of the department of agriculture.--The 
        Secretary of Agriculture shall not be responsible or liable 
        under any environmental law for a matter that is related 
        directly or indirectly to an activity of the Secretary of the 
        Army or a party acting under the authority of the Secretary of 
        the Army in connection with the Defense Environmental 
        Restoration Program, at or related to the Arsenal, including--
                    (A) the costs or performance of responses required 
                under CERCLA;
                    (B) the costs, penalties, or fines related to 
                noncompliance with an environmental law at or related 
                to the Arsenal or related to the presence, release, or 
                threat of release of a, hazardous substance, pollutant 
                or contaminant, hazardous waste, or hazardous material 
                of any kind at or related to the Arsenal, including 
                contamination resulting from migration of a hazardous 
                substance, pollutant or contaminant, a hazardous 
                material, or a petroleum product or a derivative of the 
                product disposed during an activity of the Secretary of 
                the Army; and
                    (C) the costs of an action necessary to remedy 
                noncompliance or another problem specified in 
                subparagraph (B).
    (d) Payment of Response Costs.--A Federal agency that had or has 
operations at the Arsenal resulting in the release or threatened 
release of a hazardous substance or pollutant or contaminant shall pay 
the cost of a related response and shall pay the costs of a related 
action to remediate petroleum products or the derivatives of the 
products, including motor oil and aviation fuel.
    (e) Consultation.--The Secretary shall consult with the Secretary 
of the Army with respect to the management by the Secretary of real 
property included in the MNP subject to a response 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 shall 
consult with the Secretary of the Army prior to undertaking an activity 
on the MNP that may disturb the property to ensure that the activity 
shall not exacerbate contamination problems or interfere with 
performance by the Secretary of the Army of a response at the property. 
In carrying out a response at the Arsenal, the Secretary of the Army 
shall consult with the Secretary to ensure that the action is carried 
out in a manner compatible with the purposes for which the MNP is 
established, as specified in section 3(g), and with this Act.

SEC. 7. DEGREE OF ENVIRONMENTAL CLEANUP.

    (a) In General.--Nothing in this Act shall restrict or lessen the 
degree of cleanup at the Arsenal required to be carried out under any 
environmental law.
    (b) Response.--The establishment of the MNP shall not restrict or 
lessen in any way a response or degree of cleanup required under CERCLA 
or other environmental law, or a response required under any 
environmental law to remediate petroleum products or the derivatives of 
the products, including motor oil and aviation fuel, required to be 
carried out by the Secretary of the Army at the Arsenal or surrounding 
areas.
    (c) Environmental Quality of Property.--Any contract for sale, 
deed, or other transfer of real property under section 5 shall be 
carried out in compliance with section 120(h) of the CERCLA (42 U.S.C. 
9620(h)) and other environmental laws.
                                 <all>
S 449 IS----2
```