II

104TH CONGRESS

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Illinois Land Conserva5 tion Act of 1995’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act (unless the context clearly re8 quires otherwise) :
2

•S 449 IS

1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency.

4 (2) AGRICULTURAL PURPOSES.—The term ‘‘ag5 ricultural purposes’’ means, with respect to land, the

6 use of land for row crops, pasture, hay, or grazing.

7 (3) ARSENAL.—The term ‘‘Arsenal’’ means the

8 Joliet Army Ammunition Plant located in the State

9 of Illinois.

10 (4) ARSENAL LAND USE CONCEPT.—The term

11 ‘‘Arsenal Land Use Concept’’ refers to the proposals

12 that were developed and unanimously approved on

13 April 8, 1994, by the Joliet Arsenal Citizen Plan14 ning Commission.

15 (5) CERCLA.—The term ‘‘CERCLA’’ means

16 the Comprehensive Environmental Response, Com17 pensation, and Liability Act of 1980 (42 U.S.C.

18 9601 et seq.).

19 (6) DEFENSE ENVIRONMENTAL RESTORATION

20 PROGRAM.—The term ‘‘Defense Environmental Res21 toration Program’’ means the Defense Environ22 mental Restoration Program established under sec23 tion 2701 of title 10, United States Code.

24 (7) ENVIRONMENTAL LAW.—The term ‘‘envi25 ronmental law’’ means all applicable Federal, State,
3

•S 449 IS

1 and local laws, regulations, and requirements related

2 to the protection of human health, natural and cul3 tural resources, or the environment, including—

4 (A) CERCLA;

5 (B) the Solid Waste Disposal Act (42

6 U.S.C. 6901 et seq.);

7 (C) the Federal Water Pollution Control

8 Act (commonly known as the ‘‘Clean Water

9 Act’’; 33 U.S.C. 1251 et seq.);

10 (D) the Clean Air Act (42 U.S.C. 7401 et

11 seq.);

12 (E) the Federal Insecticide, Fungicide, and

13 Rodenticide Act (7 U.S.C. 136 et seq.);

14 (F) the Toxic Substances Control Act (15

15 U.S.C. 2601 et seq.); and

16 (G) title XIV of the Public Health Service

17 Act (commonly known as the ‘‘Safe Drinking

18 Water Act’’) (42 U.S.C. 300f et seq.).

19 (8) HAZARDOUS SUBSTANCE.—The term ‘‘haz20 ardous substance’’ has the meaning given the term

21 in section 101(14) of CERCLA (42 U.S.C.

22 9601(14)).

23 (9) MNP.—The term ‘‘MNP’’ means the

24 Midewin National Tallgrass Prairie established
4

•S 449 IS

1 under section 3 and managed as part of the Na2 tional Forest System.

3 (10) NATIONAL CEMETERY.—The term ‘‘na4 tional cemetery’’ means a cemetery that is part of

5 the National Cemetery System under chapter 24 of

6 title 38, United States Code.

7 (11) PERSON.—The term ‘‘person’’ has the

8 meaning given the term in section 101(21) of

9 CERCLA (42 U.S.C. 9601(21)).

10 (12) POLLUTANT OR CONTAMINANT.—The term

11 ‘‘pollutant or contaminant’’ has the meaning given

12 the term in section 101(33) of CERCLA (42 U.S.C.

13 9601(33)).

14 (13) RELEASE.—The term ‘‘release’’ has the

15 meaning given the term in section 101(22) of

16 CERCLA (42 U.S.C. 9601(22)).

17 (14) RESPONSE.—The term ‘‘response’’ has the

18 meaning given the term in section 101(25) of

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

20 (15) SECRETARY.—The term ‘‘Secretary’’

21 means the Secretary of Agriculture.

22 SEC. 3. ESTABLISHMENT OF THE MIDEWIN NATIONAL

23 TALLGRASS PRAIRIE.

24 (a) ESTABLISHMENT.—On the date of the initial

25 transfer of jurisdiction of portions of the Arsenal to the
5

•S 449 IS

1 Secretary under section 4(a)(1), the Secretary shall estab2 lish the MNP described in subsection (b).

3 (b) DESCRIPTION.—The MNP shall consist of all por4 tions of the Arsenal transferred to the Secretary under

5 this Act.

6 (c) ADMINISTRATION.—The Secretary shall manage

7 the MNP as a part of the National Forest System in ac8 cordance with this Act and the laws, rules, and regulations

9 pertaining to the National Forests, except that the

10 Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000 et

11 seq.) shall not apply to the MNP.

12 (d) LAND ACQUISITION FUNDS.—Notwithstanding

13 section 7 of the Land and Water Conservation Fund Act

14 of 1965 (16 U.S.C. 460l–9), money appropriated from the

15 land and water conservation fund established under sec16 tion 2 of the Act (16 U.S.C. 460l–5) may be used for ac17 quisition of lands and interests in land for inclusion in

18 the MNP.

19 (e) LAND AND RESOURCE MANAGEMENT PLAN.—

20 The Secretary shall develop a land and resource manage21 ment plan for the MNP, after consulting with the Illinois

22 Department of Conservation and local governments adja23 cent to the MNP and providing an opportunity for public

24 comment.
6

•S 449 IS

1 (f) PRE-PLAN MANAGEMENT.—In order to expedite

2 the administration and public use of the MNP, the Sec3 retary may, prior to the development of a land and re4 source management plan for the MNP under subsection

5 (e), manage the MNP for the purposes described in sub6 section (g).

7 (g) PURPOSES OF MNP.—In establishing the MNP,

8 the Secretary shall—

9 (1) conserve and enhance populations and habi10 tats of fish, wildlife, and plants, including popu11 lations of grassland birds, raptors, passerines, and

12 marsh and water birds;

13 (2) restore and enhance, where practicable,

14 habitats for species listed as threatened or endan15 gered, or proposed to be listed, under section 4 of

16 the Endangered Species Act of 1973 (16 U.S.C.

17 1533);

18 (3) provide fish- and wildlife-oriented public

19 uses at levels compatible with the conservation, en20 hancement, and restoration of native wildlife and

21 plants and the habitats of native wildlife and plants;

22 (4) provide opportunities for scientific research;

23 (5) provide opportunities for environmental and

24 land use education;
7

•S 449 IS

1 (6) manage the land and water resources of the

2 MNP in a manner that will conserve and enhance

3 the natural diversity of native fish, wildlife, and

4 plants;

5 (7) conserve and enhance the quality of aquatic

6 habitat; and

7 (8) provide for public recreation insofar as the

8 recreation is compatible with paragraphs (1) through

9 (7).

10 (h) PROHIBITION AGAINST THE CONSTRUCTION OF

11 NEW THROUGH ROADS.—

12 (1) IN GENERAL.—Subject to paragraph (2), no

13 new construction of a highway, public road, or part

14 of the interstate system, whether Federal, State, or

15 local, shall be permitted through or across any por16 tion of the MNP.

17 (2) ALLOWED ACCESS.—This subsection does

18 not preclude—

19 (A) construction and maintenance of roads

20 for use within the MNP;

21 (B) the granting of authorizations for util22 ity rights-of-way under applicable Federal,

23 State, or local law;
8

•S 449 IS

1 (C) necessary access by the Secretary of

2 the Army for purposes of restoration and clean3 up as provided in this Act;

4 (D) such other access as is necessary.

5 (i) AGRICULTURAL LEASES AND SPECIAL USE AU6 THORIZATIONS.—

7 (1) PREVIOUS LEASE.—If, at the time of trans8 fer of jurisdiction under section 4(a), there exists a

9 lease issued by the Secretary of the Army, Secretary

10 of Defense, or an employee of the Secretary of the

11 Army or the Secretary of Defense, for agricultural

12 purposes on the land transferred, the Secretary, on

13 the transfer of jurisdiction, shall issue a special use

14 authorization. Subject to paragraph (3), the terms

15 of the special use authorization shall be identical in

16 substance to the lease, including terms prescribing

17 the expiration date and any payments owed to the

18 United States. On issuance of the special use au19 thorization, the lease shall become void.

20 (2) OTHER SPECIAL USE AUTHORIZATIONS.—

21 The Secretary may issue a special use authorization

22 to a person for use of the MNP for agricultural pur23 poses. The special use authorization shall require

24 payment of a rental fee, in advance, that is based on

25 the fair market value of the use allowed. Fair mar-
9

•S 449 IS

1 ket value shall be determined by appraisal or a com2 petitive bidding process. Subject to paragraph (3),

3 the special use authorization shall include such

4 terms and conditions as the Secretary considers ap5 propriate.

6 (3) LIMITATION ON SPECIAL USE AUTHORIZA7 TIONS.—No special use authorization shall be issued

8 under this subsection that has a term extending be9 yond the date that is 20 years after the date of en10 actment of this Act, unless the special use authoriza11 tion is issued primarily for purposes related to—

12 (A) erosion control;

13 (B) provision for food and habitat for fish

14 and wildlife; or

15 (C) resource management activities con16 sistent with the purposes of the MNP.

17 (j) TREATMENT OF RENTAL FEES.—Funds received

18 under a special use authorization issued under subsection

19 (i) shall be subject to distribution to the State of Illinois

20 and affected counties in accordance with the Act of May

21 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 500) and

22 section 13 of the Act of March 1, 1911 (36 Stat. 963,

23 chapter 186; 16 U.S.C. 500). All funds not distributed

24 under the Acts shall be credited to an MNP Rental Fee

25 Account, to be maintained by the Secretary of the Treas-
10

•S 449 IS

1 ury. Amounts in the Account shall remain available until

2 expended, without fiscal year limitation. The Secretary

3 may use funds in the Account to carry out prairie-im4 provement work. Any funds in the account that the Sec5 retary determines to be in excess of the cost of doing prai6 rie-improvement work shall be transferred, on the deter7 mination, to miscellaneous receipts, Forest Service Fund,

8 as a National Forest receipt for the fiscal year in which

9 the transfer is made.

10 (k) USER FEES.—The Secretary is authorized to

11 charge reasonable fees for the admission, occupancy, and

12 use of the MNP and may prescribe a fee schedule provid13 ing for a reduction or a waiver of fees for a person en14 gaged in an activity authorized by the Secretary, including

15 volunteer services, research, or education. The Secretary

16 shall permit admission, occupancy, and use of the MNP

17 at no charge for a person possessing a valid Golden Eagle

18 Passport or Golden Age Passport.

19 (l) SALVAGE OF IMPROVEMENTS.—The Secretary

20 may sell for salvage value any facility or improvement that

21 is transferred to the Secretary under this Act.

22 (m) TREATMENT OF USER FEES AND SALVAGE RE23 CEIPTS.—Funds collected under subsections (k) and (l)

24 shall be credited to a Midewin National Tallgrass Prairie

25 Restoration Fund, to be maintained by the Secretary of
11

•S 449 IS

1 the Treasury. Amounts in the Fund shall remain available,

2 subject to appropriation, without fiscal year limitation.

3 The Secretary may use amounts in the Fund for restora4 tion and administration of the MNP, including construc5 tion of a visitor and education center, restoration of

6 ecosystems, construction of recreational facilities (such as

7 trails), construction of administrative offices, and oper8 ation and maintenance of the MNP.

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

11 the MNP, the Secretary shall, to the extent practicable,

12 cooperate with affected appropriate Federal, State, and

13 local governmental agencies, private organizations, and

14 corporations. The cooperation may include entering a co15 operative agreement or exercising authority under the Co16 operative Forestry Assistance Act of 1978 (16 U.S.C.

17 2101 et seq.) or the Forest and Rangeland Renewable Re18 sources Research Act of 1978 (16 U.S.C. 1641 et seq.).

19 The purpose of the cooperation may include public edu20 cation, land and resource protection, or cooperative man21 agement among government, corporate, and private land22 owners in a manner that is consistent with this Act.

23 SEC. 4. TRANSFER OF MANAGEMENT RESPONSIBILITIES

24 AND JURISDICTION OVER THE ARSENAL.

25 (a) PHASED TRANSFER OF JURISDICTION.—
12

•S 449 IS

1 (1) INITIAL TRANSFER.—Not later than 180

2 days after the date of the enactment of this Act, the

3 Secretary of the Army shall transfer to the Sec4 retary those portions of the Arsenal property identi5 fied for transfer to the Secretary under subsection

6 (c), and shall transfer to the Secretary of Veterans

7 Affairs those portions identified for transfer to the

8 Secretary of Veterans Affairs under section 5(c)(4).

9 In the case of the Arsenal property to be transferred

10 to the Secretary of Agriculture, the Secretary of the

11 Army shall transfer to the Secretary of Agriculture

12 only those portions for which the Secretary of the

13 Army and the Administrator concur in finding that

14 no further action is required under any environ15 mental law and that have been eliminated from the

16 areas to be further studied pursuant to the Defense

17 Environmental Restoration Program for the Arsenal.

18 Not later than 120 days after the date of the enact19 ment of this Act, the Secretary of the Army and

20 the Administrator shall provide to the Secretary—

21 (A) all documentation that exists on the

22 date the documentation is provided that sup23 ports the finding; and

24 (B) all information that exists on the date

25 the information is provided that relates to the
13

•S 449 IS

1 environmental conditions of the portions of the

2 Arsenal to be transferred to the Secretary

3 under this paragraph.

4 (2) ADDITIONAL TRANSFERS.—

5 (A) IN GENERAL.—The Secretary of the

6 Army shall transfer to the Secretary of Agri7 culture any portion of the property generally

8 identified in subsection (c) and not transferred

9 pursuant to paragraph (1) when the Secretary

10 of the Army and the Administrator concur in

11 finding that no further action is required at

12 that portion of property under any environ13 mental law and that the portion has been elimi14 nated from the areas to be further studied pur15 suant to the Defense Environmental Restora16 tion Program for the Arsenal.

17 (B) DOCUMENTATION AND INFORMA18 TION.—Not later than 60 days prior to a trans19 fer under this paragraph, the Secretary of the

20 Army and the Administrator shall provide to

21 the Secretary—

22 (i) all documentation that exists on

23 the date the documentation is provided

24 that supports the finding; and
14

•S 449 IS

1 (ii) all information that exists on the

2 date the information is provided that re3 lates to the environmental conditions of the

4 portions of the Arsenal to be transferred to

5 the Secretary under this paragraph.

6 (C) PARCEL-BY-PARCEL.—Transfer of ju7 risdiction under this paragraph may be accom8 plished on a parcel-by-parcel basis.

9 (3) RESPONSIBILITIES AND LIABILITIES.—This

10 section shall not affect the responsibilities and liabil11 ities of the Secretary of the Army under section 6.

12 (b) TRANSFER WITHOUT REIMBURSEMENT.—The

13 Secretary of the Army shall transfer the area constituting

14 the MNP to the Secretary without reimbursement.

15 (c) IDENTIFICATION OF PORTIONS FOR TRANSFER

16 FOR MNP.—The lands to be transferred to the Secretary

17 under subsection (a) shall be identified in an agreement

18 between the Secretary of the Army and the Secretary. All

19 the real property and improvements comprising the Arse20 nal, except for lands and facilities described in subsection

21 (g) or designated for transfer or disposal to parties other

22 than the Secretary under section 5, shall be transferred

23 to the Secretary.

24 (d) SECURITY MEASURES.—The Secretary, the Sec25 retary of the Army, and the Secretary of Veterans Affairs,
15

•S 449 IS

1 shall each provide and maintain physical and other secu2 rity measures on such portion of the Arsenal as is under

3 the administrative jurisdiction of the respective Secretary.

4 The security measures (which may include fences and nat5 ural barriers) shall include measures to prevent members

6 of the public from gaining unauthorized access to such

7 portions of the Arsenal as are under the administrative

8 jurisdiction of each respective Secretary and that may en9 danger health or safety.

10 (e) COOPERATIVE AGREEMENTS.—The Secretary,

11 the Secretary of the Army, and the Administrator individ12 ually and collectively may enter into a cooperative agree13 ment or a memoranda of understanding among each other,

14 with another affected Federal agency, State or local gov15 ernment, private organization, or corporation to carry out

16 the purposes described in section 3(g).

17 (f) INTERIM ACTIVITIES OF THE SECRETARY.—Prior

18 to transfer and subject to such reasonable terms and con19 ditions as the Secretary of the Army may prescribe, the

20 Secretary may enter on the Arsenal property for purposes

21 related to planning, resource inventory, fish and wildlife

22 habitat manipulation (which may include prescribed burn23 ing), and other such activities consistent with the purposes

24 for which the MNP is established.
16

•S 449 IS

1 (g) PROPERTY USED FOR ENVIRONMENTAL CLEAN2 UP.—

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

4 shall retain jurisdiction, authority, and control over

5 real property at the Arsenal that is used for—

6 (A) water treatment;

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

8 a hazardous substance, pollutant or contami9 nant, hazardous material, or petroleum product

10 or a derivative of the product;

11 (C) purposes related to a response at the

12 Arsenal; and

13 (D) actions required at the Arsenal under

14 an environmental law to remediate contamina15 tion or conditions of noncompliance with an en16 vironmental law.

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

18 shall consult with the Secretary regarding the identi19 fication and management of the real property re20 tained under this subsection and ensure that activi21 ties carried out on the property are compatible, to

22 the extent practicable, with the purposes for which

23 the MNP is established, as described in section 3(g),

24 and with the other provisions of this Act.
17

•S 449 IS

1 (3) PRIORITY OF RESPONSE.—In the case of a

2 conflict between management of the property by the

3 Secretary and a response or other action required

4 under an environmental law, or necessary to remedi5 ate a petroleum product or a derivative of the prod6 uct, the response or other action shall take priority.

7 (4) SURVEYS.—All costs of necessary surveys

8 for the transfer of jurisdiction of properties among

9 Federal agencies shall be shared equally by the Sec10 retary of the Army and the Secretary exercising ju11 risdiction over the property. In the case of lands

12 transferred to a non-Federal agency under section 5,

13 the Secretary of the Army shall pay the survey costs.

14 SEC. 5. DISPOSAL FOR INDUSTRIAL PARKS, A COUNTY

15 LANDFILL, AND A NATIONAL VETERANS CEM16 ETERY AND TO THE ADMINISTRATOR OF

17 GENERAL SERVICES.

18 (a) NATIONAL VETERANS CEMETERY.—The Sec19 retary of the Army shall convey to the Department of Vet20 erans Affairs, without compensation, an area of real prop21 erty to be used for a national cemetery, as authorized

22 under section 2337 of the National Defense Authorization

23 Act for Fiscal Years 1988 and 1989 (101 Stat. 1225),

24 consisting of approximately 910 acres, the approximate

25 legal description of which includes part of sections 30 and
18

•S 449 IS

1 31 Jackson Township, T. 34 N. R. 10 E., and including

2 part of sections 25 and 36 Channahon Township, T. 34

3 N. R. 9 E., Will County, Illinois, as depicted on the Arse4 nal Land Use Concept.

5 (b) COUNTY OF WILL LANDFILL.—

6 (1) IN GENERAL.—Subject to the other provi7 sions of this subsection, the Secretary of the Army

8 shall convey an area of real property to the County

9 of Will, without compensation, to be used for a land10 fill by the County, consisting of approximately 425

11 acres of the Arsenal, the approximate legal descrip12 tion of which includes part of sections 8 and 17,

13 Florence Township, T. 33 N. R. 10 E., Will County,

14 Illinois, as depicted in the Arsenal Land Use Con15 cept.

16 (2) ADDITIONS TO LANDFILL.—Additional acre17 age shall be added to the landfill described in para18 graph (1) as is necessary to reasonably accommo19 date needs for the disposal of refuse and other mate20 rials from the restoration and cleanup of the Arsenal

21 property.

22 (3) NO COMPENSATION.—Use of the landfill de23 scribed in paragraph (1) or additional acreage under

24 paragraph (2) by any agency of the Federal Govern25 ment shall be at no cost to the Federal Government.
19

•S 449 IS

1 (4) ADDITIONAL TERMS.—The Secretary of the

2 Army may require such additional terms and condi3 tions in connection with a conveyance under this

4 paragraph as the Secretary of the Army considers

5 appropriate to protect the interests of the United

6 States.

7 (5) REVERSIONARY INTEREST.—Any convey8 ance of real property under this subsection shall con9 tain a reversionary interest that provides that the

10 property shall revert to the Secretary of the Agri11 culture for inclusion in the MNP if the property is

12 not operated as a landfill.

13 (6) ENVIRONMENTAL LIABILITY.—Liability for

14 environmental conditions at or related to the landfill

15 described in paragraph (1) resulting from activities

16 occurring at the landfill after the date of enactment

17 of this Act and before a revision under paragraph

18 (5) shall be borne by the County of Will.

19 (c) VILLAGE OF ELWOOD INDUSTRIAL PARK.—The

20 Secretary of the Army shall convey an area of real prop21 erty to the Village of Elwood, Illinois, to be used for an

22 industrial park, consisting of approximately 1,900 acres

23 of the Arsenal, the approximate legal description of which

24 includes part of section 30, Jackson Township, T. 34 N.

25 R. 10 E., and sections or part of sections 24, 25, 26, 35,
20

•S 449 IS

1 and 36 Channahon Township, T. 34 N. R. 9 E., Will

2 County, Illinois, as depicted on the Arsenal Land Use

3 Concept. The conveyance shall be at fair market value,

4 as determined in accordance with Federal appraisal stand5 ards and procedures. Any funds received by the Village

6 of Elwood from the sale or other transfer of the property,

7 or portions of the property, less any costs expended for

8 improvements on the property, shall be remitted to the

9 Secretary of the Army.

10 (d) CITY OF WILMINGTON INDUSTRIAL PARK.—The

11 Secretary of the Army shall convey an area of real prop12 erty to the City of Wilmington, Illinois, to be used for an

13 industrial park, consisting of approximately 1,100 acres

14 of the Arsenal, the approximate legal description of which

15 includes part of sections 16, 17, and 18 Florence Town16 ship, T. 33 N. R. 10 E., Will County, Illinois, as depicted

17 on the Arsenal Land Use Concept. The conveyance shall

18 be at fair market value, as determined in accordance with

19 Federal appraisal standards and procedures. Any funds

20 received by the City of Wilmington from the sale or other

21 transfer of the property, or portions of the property, less

22 any costs expended for improvements on the property,

23 shall be remitted to the Secretary of the Army.

24 (e) OPTIONAL ADDITIONAL AREAS.—
21

•S 449 IS

1 (1) IN GENERAL.—Not later than 180 days

2 after the construction and installation of any reme3 dial design approved by the Administrator and re4 quired for any lands described in paragraph (2), the

5 Administrator shall provide to the Secretary all in6 formation existing on the date the information is

7 provided regarding the implementation of the rem8 edy, including information regarding the effective9 ness of the remedy. Not later than 180 days after

10 the Administrator provides the information to the

11 Secretary, the Secretary of the Army shall offer the

12 Secretary the option of accepting a conveyance of

13 the areas described in paragraph (2), without reim14 bursement, to be added to the MNP subject to the

15 terms and conditions, including the limitations on li16 ability, contained in this Act. If the Secretary de17 clines the offer, the property may be disposed of as

18 the Secretary of the Army would ordinarily dispose

19 of the property under applicable provisions of law.

20 The conveyance of property under this paragraph

21 may be accomplished on a parcel-by-parcel basis.

22 (2) DESCRIPTION OF AREAS.—

23 (A) IN GENERAL.—The areas on the Arse24 nal Land Use Concept that may be conveyed

25 under paragraph (1) are—
22

•S 449 IS

1 (i) manufacturing area, study area 1,

2 southern ash pile;

3 (ii) study area 2, explosive burning

4 ground;

5 (iii) study area 3, flashing-grounds;

6 (iv) study area 4, lead azide area;

7 (v) study area 10, toluene tank farms;

8 (vi) study area 11, landfill;

9 (vii) study area 12, sellite manufac10 turing area;

11 (viii) study area 14, former pond area;

12 (ix) study area 15, sewage treatment

13 plant;

14 (x) study area L1, load assemble

15 packing area, group 61;

16 (xi) study area L2, explosive burning

17 ground;

18 (xii) study area L3, demolition area;

19 (xiii) study area L4, landfill area;

20 (xiv) study area L5, salvage yard;

21 (xv) study area L7, group 1;

22 (xvi) study area L8, group 2;

23 (xvii) study area L9, group 3;

24 (xviii) study area L10, group 3A;

25 (xix) study area L12, Doyle Lake;
23

•S 449 IS

1 (xx) study area L14, group 4;

2 (xxi) study area L15, group 5;

3 (xxii) study area L18, group 8;

4 (xxiii) study area L19, group 9;

5 (xxiv) study area L20, group 20;

6 (xxv) study area L22, group 25;

7 (xxvi) study area L23, group 27;

8 (xxvii) study area L25, group 62;

9 (xxviii) study area L31, extraction

10 pits;

11 (xxix) study area L33, PVC area;

12 (xxx) study area L34, former burning

13 area; and

14 (xxxi) study area L35, fill area.

15 (B) ADDITIONAL AREAS.—The areas re16 ferred to in subparagraph (A) shall include all

17 associated inventoried buildings and structures

18 as identified in the Joliet Army Ammunition

19 Plant Plantwide Building and Structures Re20 port and the contaminate study sites for both

21 the manufacturing and load assembly and pack22 ing sides of the Joliet Arsenal as shown in the

23 Dames and Moore Final Report, Phase 2 Re24 medial Investigation Manufacturing (MFG)

25 Area Joliet Army Ammunition Plant Joliet, Illi-
24

•S 449 IS

1 nois (May 30, 1993. Contract No. DAAA15-90-

2 D-0015 task order No. 6 prepared for: United

3 States Army Environmental Center).

4 (C) EXCEPTION.—Notwithstanding sub5 paragraphs (A) and (B), the landfill and na6 tional cemetery described in paragraphs (3) and

7 (4) shall not be subject to paragraph (1).

8 SEC. 6. CONTINUATION OF RESPONSIBILITY AND LIABILITY

9 OF THE SECRETARY OF THE ARMY FOR ENVI10 RONMENTAL CLEANUP.

11 (a) RESPONSIBILITY.—A liability or responsibility of

12 the Secretary of the Army under an environmental law

13 shall not transfer to the Secretary of Agriculture as a re14 sult of this Act. With respect to the real property at the

15 Arsenal, the Secretary of the Army shall remain liable for

16 and continue to carry out—

17 (1) all responses required under CERCLA at or

18 related to the property;

19 (2) all remediation actions required under any

20 environmental law at or related to the property; and

21 (3) all actions required under any environ22 mental law to remediate petroleum products or de23 rivatives of the products (including motor oil and

24 aviation fuel) at or related to the property.

25 (b) LIABILITY.—
25

•S 449 IS

1 (1) IN GENERAL.—Nothing in this Act shall af2 fect, modify, amend, repeal, alter, limit, or otherwise

3 change, directly or indirectly, the responsibilities and

4 liabilities of a person under an applicable environ5 mental law, except as provided in paragraph (3) with

6 respect to the Secretary of Agriculture.

7 (2) LIABILITY OF THE SECRETARY OF THE

8 ARMY.—The Secretary of the Army shall retain any

9 obligation or other liability at the Arsenal that the

10 Secretary had under CERCLA and other environ11 mental laws. Following transfer of a portion of the

12 Arsenal under this Act, the Secretary of the Army

13 shall be accorded any easement or access to the

14 property that may be reasonably required to carry

15 out the obligation or satisfy the liability.

16 (3) LIABILITY OF THE DEPARTMENT OF AGRI17 CULTURE.—The Secretary of Agriculture shall not

18 be responsible or liable under any environmental law

19 for a matter that is related directly or indirectly to

20 an activity of the Secretary of the Army or a party

21 acting under the authority of the Secretary of the

22 Army in connection with the Defense Environmental

23 Restoration Program, at or related to the Arsenal,

24 including—
26

•S 449 IS

1 (A) the costs or performance of responses

2 required under CERCLA;

3 (B) the costs, penalties, or fines related to

4 noncompliance with an environmental law at or

5 related to the Arsenal or related to the pres6 ence, release, or threat of release of a, hazard7 ous substance, pollutant or contaminant, haz8 ardous waste, or hazardous material of any

9 kind at or related to the Arsenal, including con10 tamination resulting from migration of a haz11 ardous substance, pollutant or contaminant, a

12 hazardous material, or a petroleum product or

13 a derivative of the product disposed during an

14 activity of the Secretary of the Army; and

15 (C) the costs of an action necessary to

16 remedy noncompliance or another problem spec17 ified in subparagraph (B).

18 (d) PAYMENT OF RESPONSE COSTS.—A Federal

19 agency that had or has operations at the Arsenal resulting

20 in the release or threatened release of a hazardous sub21 stance or pollutant or contaminant shall pay the cost of

22 a related response and shall pay the costs of a related ac23 tion to remediate petroleum products or the derivatives of

24 the products, including motor oil and aviation fuel.
27

•S 449 IS

1 (e) CONSULTATION.—The Secretary shall consult

2 with the Secretary of the Army with respect to the man3 agement by the Secretary of real property included in the

4 MNP subject to a response or other action at the Arsenal

5 being carried out by or under the authority of the Sec6 retary of the Army under any environmental law. The Sec7 retary shall consult with the Secretary of the Army prior

8 to undertaking an activity on the MNP that may disturb

9 the property to ensure that the activity shall not exacer10 bate contamination problems or interfere with perform11 ance by the Secretary of the Army of a response at the

12 property. In carrying out a response at the Arsenal, the

13 Secretary of the Army shall consult with the Secretary to

14 ensure that the action is carried out in a manner compat15 ible with the purposes for which the MNP is established,

16 as specified in section 3(g), and with this Act.

17 SEC. 7. DEGREE OF ENVIRONMENTAL CLEANUP.

18 (a) IN GENERAL.—Nothing in this Act shall restrict

19 or lessen the degree of cleanup at the Arsenal required

20 to be carried out under any environmental law.

21 (b) RESPONSE.—The establishment of the MNP shall

22 not restrict or lessen in any way a response or degree of

23 cleanup required under CERCLA or other environmental

24 law, or a response required under any environmental law

25 to remediate petroleum products or the derivatives of the
28

•S 449 IS

1 products, including motor oil and aviation fuel, required

2 to be carried out by the Secretary of the Army at the Arse3 nal or surrounding areas.

4 (c) ENVIRONMENTAL QUALITY OF PROPERTY.—Any

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

6 under section 5 shall be carried out in compliance with

7 section 120(h) of the CERCLA (42 U.S.C. 9620(h)) and

8 other environmental laws.

Æ

S 449 IS——2