II

103D CONGRESS

2D SESSION S. 2398

To establish the Midewin National Tallgrass Prairie in the State of Illinois,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 16 (legislative day, AUGUST 11), 1994

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 AND DEFINITIONS.

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

6 (b) DEFINITIONS.—For purposes of this Act:

7 (1) The term ‘‘Administrator’’ means the Ad8 ministrator of the United States Environmental Pro9 tection Agency.
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1 (2) The term ‘‘agricultural purposes’’ means

2 the use of land for row crops, pasture, hay and graz3 ing.

4 (3) The terms ‘‘applicable law’’ and ‘‘applicable

5 laws’’ mean all applicable Federal, State, and local

6 laws, regulations, and requirements, including but

7 not limited to the Comprehensive Environmental Re8 sponse, Compensation and Liability Act of 1980 (42

9 U.S.C. 9601 et seq.), the Resource Conservation and

10 Recovery Act (42 U.S.C. 6901 et seq.), the Clean

11 Water Act (33 U.S.C. 1251 et seq.), and the Clean

12 Air Act (42 U.S.C. 7401 et seq.), and any amend13 ments and implementing regulations of such Acts,

14 and any other laws, regulations, and requirements

15 related to protection of human health or the environ16 ment.

17 (4) The terms ‘‘applicable environmental law’’

18 and ‘‘applicable environmental laws’’ mean all appli19 cable Federal, State, and local laws, regulations, and

20 requirements related to protection of human health

21 or the environment, including but not limited to

22 those stated in section 1(b)(3).

23 (5) The term ‘‘Arsenal’’ means the Joliet Army

24 Ammunition Plant located in the State of Illinois.
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1 (6) The acronym ‘‘CERCLA’’ means the Com2 prehensive Environmental Response, Compensation

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

4 as amended.

5 (7) The term ‘‘hazardous substance’’ has the

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

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

8 (8) The abbreviation ‘‘MNP’’ means the

9 Midewin National Tallgrass Prairie established pur10 suant to section 4 and managed as a part of the Na11 tional Forest System.

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

13 that term by section 101(21) of CERCLA (42

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

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

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

17 CERCLA (42 U.S.C. 9601(33)).

18 (11) The term ‘‘response action’’ has the mean19 ing given the term ‘‘response’’ by section 101(25) of

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

21 (12) The term ‘‘national cemetery’’ means a

22 cemetery established and operated as part of the De23 partment of Veterans Affairs National Cemetery

24 System and subject to the provisions of chapter 24

25 of title 38, United States Code.
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1 SEC. 2. TRANSFER OF MANAGEMENT RESPONSIBILITIES

2 AND JURISDICTION OVER THE JOLIET ARSE3 NAL.

4 (a) PRINCIPLES OF TRANSFER.—

5 (1) The Congress hereby ratifies in principle

6 the proposals generally identified by the land use

7 plan which was developed by the Joliet Arsenal Citi8 zen Planning Commission and unanimously ap9 proved on April 8, 1994.

10 (2) The area constituting the MNP shall be

11 transferred, without reimbursement, to the Secretary

12 of Agriculture.

13 (3) Management by the Secretary of Agri14 culture of those portions of the Arsenal so trans15 ferred shall be in accordance with section 4.

16 (4) This Act does not change in any fashion the

17 responsibilities or liabilities of any person under any

18 applicable environmental law except that the Sec19 retary of Agriculture shall not be liable or respon20 sible for contamination resulting from or related to

21 the condition of the property existing prior to trans22 fer of the property, including but not limited to mi23 gration of hazardous substances, pollutants, con24 taminants, or petroleum products or their derivatives

25 disposed during activities of the Department of the

26 Army.
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1 (5) The Secretary of the Army shall be respon2 sible for the upkeep and maintenance of all fences,

3 guardhouses, and other security facilities, as well as

4 the costs of security personnel on all portions of the

5 Arsenal that have not been transferred to the Sec6 retary of Agriculture.

7 (6) The Secretary of the Army, the Secretary of

8 Agriculture, and the Administrator are individually

9 and collectively authorized to enter into cooperative

10 agreements and memoranda of understanding

11 among each other and with other affected Federal,

12 State, and local governments, private organizations

13 and corporations for the purposes of implementing

14 this Act and carrying out the purposes for which the

15 MNP is established.

16 (b) INTERIM ACTIVITIES OF THE SECRETARY OF AG17 RICULTURE.—Prior to transfer and subject to such rea18 sonable terms and conditions as the Secretary of the Army

19 may prescribe, the Secretary of Agriculture may enter

20 upon the Arsenal property for purposes related to plan21 ning, resource inventory, fish and wildlife habitat manipu22 lation (which may include prescribed burning), and other

23 such activities consistent with the purposes for which the

24 MNP is established. Except as provided in section 2(a)(4),

25 the Secretary of Agriculture shall not be liable or respon-
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1 sible in any way under CERCLA or any other applicable

2 environmental law for environmental conditions related to

3 any such interim activities.

4 (c) TRANSFER OF JURISDICTION.—Jurisdiction over

5 lands comprising the Arsenal shall be transferred as fol6 lows:

7 (1) Within 6 months of enactment of this Act

8 and in accordance with section 2(a), the Secretary of

9 the Army shall effect the transfer of those portions

10 of the Arsenal property identified for transfer to the

11 Secretary of Agriculture pursuant to section 2(c)(2)

12 and to the Secretary of Veteran Affairs pursuant to

13 section 5.

14 (2) The lands so transferred pursuant to para15 graph (1) of subsection (c) shall be identified on a

16 map or maps which shall be agreed to by the Sec17 retary of the Army and the Secretary of Agriculture.

18 Generally, the land to be transferred to the Sec19 retary of Agriculture shall be all the real property

20 and improvements comprising the Arsenal, except

21 for lands and facilities described in section 2(d) or

22 designated for disposal under section 5.

23 (3) All costs of necessary surveys for the trans24 fer of jurisdiction of properties among Federal agen25 cies shall be shared equally by the Secretary of the
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1 Army and the Secretary of the Department to whom

2 the land is being transferred. For lands transferred

3 to a non-Federal agency pursuant to section 5, the

4 Army shall pay the survey costs.

5 (d) PROPERTY USED FOR ENVIRONMENTAL CLEAN6 UP PURPOSES.—The Secretary of the Army shall retain

7 jurisdiction, authority, and control over real property at

8 the Arsenal to be used for water treatment; the treatment,

9 storage, or disposal of any hazardous substance, pollutant

10 or contaminant, petroleum products or their derivatives;

11 or other purposes related to any response action at the

12 Arsenal and other action required under any other applica13 ble environmental law to remediate contamination or con14 ditions of noncompliance at the Arsenal. The Secretary of

15 the the Army shall consult with the Secretary of Agri16 culture regarding the identification and management of

17 the real property retained under this paragraph and en18 sure that activities carried out on that property are con19 sistent, to the extent practicable, with the purposes for

20 which the MNP is to be established under section 4(c),

21 and consistent with the provisions of sections 4 (a), (b),

22 and (d)–(i). In the case of any conflict between manage23 ment of the property by the Secretary of Agriculture and

24 any response action or action required under applicable
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1 law to remediate petroleum products or their derivatives,

2 the response action or other action shall take priority.

3 SEC. 3. CONTINUATION OF RESPONSIBILITY AND LIABILITY

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

6 (a) RESPONSIBILITY.—The Secretary of the Army

7 shall, with respect to the real property at the Arsenal, re8 main liable for and continue to carry out—

9 (1) all response actions required under

10 CERCLA and other applicable provisions of law at

11 or related to the property, and

12 (2) all actions required under any other applica13 ble law to remediate petroleum products or their de14 rivatives (including motor oil and aviation fuel).

15 The liabilities and responsibilities of the Secretary of the

16 Army described in the preceding sentence shall not trans17 fer under any circumstances to the Secretary of Agri18 culture. The Secretary of Agriculture shall consult with

19 the Secretary of the Army with respect to the Secretary

20 of Agriculture’s management of real property subject to

21 any such response action or other action at the property

22 being carried out by or under the authority of the Sec23 retary of the Army under such provisions of law.

24 (b) LIABILITY.—
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1 (1) Subject to subsections (b)(3) and (b)(4),

2 nothing in this Act shall relieve, and no action may

3 be taken under this Act to relieve, the Secretary of

4 the Army or any other person from any obligation

5 or other liability that they may have at the Arsenal

6 under CERCLA and other laws.

7 (2) After the transfer of jurisdiction under sec8 tion 2(c), the Secretary of the Army shall retain any

9 obligation or other liability at the Arsenal that it

10 may have under CERCLA and other applicable laws

11 and shall be accorded all easements and access as

12 may be reasonably required to carry out such obliga13 tion or other liability.

14 (3) Subject to subsection (b)(4), the Secretary

15 of Agriculture shall not be responsible or liable for

16 any costs of response actions required under

17 CERCLA at or related to the Arsenal, or, with re18 spect to noncompliance at or related to the Arsenal

19 by the Secretary of the Army of any applicable envi20 ronmental law, for any costs, penalties, fines, costs

21 of actions necessary to remedy such noncompliance,

22 or costs of other obligations. The Secretary of Agri23 culture shall not be responsible or liable for any con24 tamination resulting from or related to conditions of

25 the property existing prior to transfer of the prop-
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1 erty, including contamination arising from the oper2 ations of the Department of the Army and its con3 tractors. Contamination shall include but not be lim4 ited to migration of hazardous substances, pollut5 ants, contaminants, or petroleum products or their

6 derivatives disposed during activities of the Depart7 ment of the Army.

8 (4) The Secretary of Agriculture shall be re9 sponsible and liable only for and only to the extent

10 of any other contamination affirmatively introduced

11 into the environment at the Arsenal by the Secretary

12 of Agriculture or the Department of Agriculture.

13 The Secretary of Agriculture shall consult with the

14 Secretary of the Army prior to undertaking any ac15 tivities that may disturb the property to ensure that

16 such activities will not exacerbate contamination

17 problems or interfere with performance by the Sec18 retary of the Army of response actions at the prop19 erty.

20 (c) DEGREE OF CLEANUP.—Nothing in this Act shall

21 be construed to restrict or lessen the degree of cleanup

22 at the Arsenal required to be carried out under applicable

23 law. All response actions and other actions required under

24 any other statute to remediate petroleum products or their

25 derivatives (including motor oil and aviation fuel) carried
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1 out at the Arsenal shall attain a degree of cleanup of haz2 ardous substances, pollutants, contaminants, and petro3 leum products or their derivatives that, at a minimum, is

4 sufficient to fully meet the purposes set forth in section

5 4(c) for which the MNP will be established.

6 (d) PAYMENT OF RESPONSE ACTION COSTS.—Any

7 Federal department or agency that had or has operations

8 at the Arsenal resulting in the release or threatened re9 lease of hazardous substances, pollutants, or contaminants

10 shall pay the cost of related response actions or related

11 actions under other statutes to remediate petroleum prod12 ucts or their derivatives, including motor oil and aviation

13 fuel.

14 (e) CONSULTATION.—In carrying out response ac15 tions at the Arsenal, the Secretary of the Army shall con16 sult with the Secretary of Agriculture to ensure that such

17 actions are carried out in a manner consistent with sec18 tions 4 (a), (b), and (d)–(i), and, to the extent practicable,

19 consistent with the purposes set forth in section 4(c) for

20 which the MNP will be established.

21 SEC. 4. ESTABLISHMENT OF THE MIDEWIN NATIONAL

22 TALLGRASS PRAIRIE.

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

24 transfer of jurisdiction under section 2(c), there is thereby

25 established the Midewin National Tallgrass Prairie con-
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1 sisting of the real property so transferred for administra2 tion by the Secretary of Agriculture.

3 (b) ADMINISTRATION.—

4 (1) The Secretary of Agriculture shall manage

5 the MNP as a part of the National Forest System

6 in accordance with this Act and the laws, rules and

7 regulations pertaining to the National Forests: Pro8 vided, That the Bankhead-Jones Farm Tenant Act

9 of 1937 (7 U.S.C. 1010–1012) shall not apply to the

10 MNP.

11 (2) Notwithstanding the provisions of section 7

12 of the Land and Water Conservation Fund Act of

13 1965 (16 U.S.C. 4601–9), monies appropriated from

14 the Land and Water Conservation Fund shall be

15 available for acquisition of lands and interests there16 in for the MNP.

17 (3) In order to expedite the administration and

18 public use of the MNP, the Secretary of Agriculture

19 may conduct management activities at the MNP to

20 effectuate the purposes for which the MNP is estab21 lished, as set forth in subsection (c), in advance of

22 the development of a land and resource management

23 plan for the MNP.

24 (4) In developing a land and resource manage25 ment plan for the MNP, the Secretary of Agri-
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1 culture shall consult with the Illinois Department of

2 Conservation and local governments adjacent to the

3 MNP and provide an opportunity for public com4 ment. Any parcel transferred to the Secretary of Ag5 riculture, pursuant to section 2(d) and subsequent to

6 the development of a land and resource management

7 plan for the MNP, may be managed in accordance

8 with such plan without need for an amendment

9 thereto.

10 (c) PURPOSES OF THE MIDEWIN NATIONAL

11 TALLGRASS PRAIRIE.—The MNP is established to be

12 managed for National Forest purposes, including the fol13 lowing:

14 (1) To conserve and enhance populations and

15 habitats of fish, wildlife, and plants, including popu16 lations of grasslands birds, raptors, passerines, and

17 marsh and water birds.

18 (2) To restore and enhance, where practicable,

19 habitat for species listed as proposed, threatened or

20 endangered under the Endangered Species Act.

21 (3) To provide fish and wildlife oriented public

22 uses at levels compatible with the conservation, en23 hancement and restoration of native wildlife and

24 plants and their habitats.
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1 (4) To provide opportunities for scientific re2 search.

3 (5) To provide opportunities for environmental

4 and land use education.

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

6 the MNP in a manner that will conserve and en7 hance the natural diversity of native fish, wildlife,

8 and plants.

9 (7) To conserve and enhance the quality of

10 aquatic habitat.

11 (8) To provide for public recreation insofar as

12 such recreation is compatible with the other pur13 poses for which the MNP is established.

14 (d) PROHIBITION AGAINST THE CONSTRUCTION OF

15 NEW THROUGH ROADS.—No new construction of any

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

17 whether Federal, State, or local, shall be permitted

18 through or across any portion of the MNP. Nothing herein

19 shall preclude construction and maintenance of roads for

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

21 utility rights-of-way under applicable Federal law, or pre22 clude such access as is necessary. Nothing herein shall

23 preclude necessary access by the Secretary of the Army

24 for purposes of restoration and cleanup as provided in this

25 Act.
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1 (e) AGRICULTURAL LEASES AND SPECIAL USE AU2 THORIZATIONS.—Within the MNP, use of the lands for

3 agricultural purposes shall be permitted subject to the fol4 lowing terms and conditions:

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

6 pursuant to section 2 there exists any lease issued

7 by the Department of the Army, Department of De8 fense, or any other agency thereof, for agricultural

9 purposes upon the parcel transferred, the Secretary

10 of Agriculture, upon transfer of jurisdiction, shall

11 convert the lease to a special use authorization, the

12 terms of which shall be identical in substance to the

13 lease that existed prior to the transfer, including the

14 expiration date and any payments owed the United

15 States.

16 (2) The Secretary of Agriculture may issue spe17 cial use authorizations to persons for use of the

18 MNP for agricultural purposes. Such special use au19 thorizations shall require payment of a rental fee, in

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

21 the use allowed. Fair market value shall be deter22 mined by appraisal or a competitive bidding process.

23 Special use authorizations issued pursuant to this

24 paragraph shall include terms and conditions as the

25 Secretary of Agriculture may deem appropriate.
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1 (3) No agricultural special use authorization

2 shall be issued for agricultural purposes which has

3 a term extending beyond the date twenty years from

4 the date of enactment of this Act: Provided, That

5 nothing in this Act shall preclude the Secretary from

6 issuing agricultural special use authorizations or

7 grazing permits which are effective after twenty

8 years from the date of enactment of this Act for

9 purposes primarily related to erosion control, provi10 sion for food and habitat for fish and wildlife, or

11 other resource management activities consistent with

12 the purposes of this Act.

13 (f) FEES.—The Secretary is authorized to charge

14 reasonable fees for the admission, occupancy and use of

15 the MNP and may prescribe a fee schedule providing for

16 reduced or a waiver of fees for persons or groups engaged

17 in authorized activities including those providing volunteer

18 services, research, or education: Provided, That the Sec19 retary shall permit admission, occupancy and use at no

20 additional charge for persons possessing a valid Golden

21 Eagle Passport or Golden Age Passport.

22 (g) SALVAGE OF IMPROVEMENTS.—The Secretary of

23 Agriculture may sell for salvage value any facilities and

24 improvements which have been transferred to the Sec25 retary of Agriculture pursuant to this Act.
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1 (h) MIDEWIN NATIONAL TALLGRASS PRAIRIE RES2 TORATION FUND.—Moneys received pursuant to sub3 section (e) shall be subject to distribution to the State of

4 Illinois and affected counties pursuant to the Acts of May

5 23, 1908 and March 1, 1911, as amended (16 U.S.C.

6 500). All moneys not so distributed pursuant to said Acts,

7 and all other moneys collected pursuant to subsections (f)

8 and (g) of this section shall be covered into the Treasury

9 and constitute a special fund to be known as the Midewin

10 National Tallgrass Prairie Restoration Fund (‘‘Fund’’).

11 Deposits in this fund are appropriated and made available,

12 without need for further appropriation, until expended, for

13 use, with or without funds otherwise appropriated, for res14 toration and administration of the MNP, including but not

15 limited to: construction of a visitor and education center;

16 restoration of ecosystems; construction of recreational fa17 cilities such as trails; construction of administrative of18 fices; and operation and maintenance.

19 (i) COOPERATION WITH STATES, LOCAL GOVERN20 MENT AND OTHER ENTITIES.—In the management of the

21 MNP, the Secretary is authorized and encouraged to co22 operate with appropriate Federal, State and local govern23 mental agencies, private organizations, and corporations.

24 Such cooperation may include cooperative agreements as

25 well as the exercise of the existing authorities of the Sec-
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1 retary under the Cooperative Forestry Assistance Act of

2 1978, as amended, and the Forest and Rangeland Renew3 able Resources Research Act of 1978, as amended. The

4 objects of such cooperation may include public education,

5 land and resource protection, and cooperative manage6 ment among government, corporate, and private land7 owners in a manner which furthers the purposes of this

8 Act. Activities conducted pursuant to this subsection shall

9 be exempt from the requirements of the Federal Advisory

10 Committee Act (5 U.S.C. Appendix 2) and the rules and

11 regulations promulgated thereunder.

12 SEC. 5. DISPOSAL OF CERTAIN REAL PROPERTY AT THE

13 ARSENAL FOR INDUSTRIAL DEVELOPMENT, A

14 NATIONAL VETERANS CEMETERY, AND A

15 COUNTY LANDFILL.

16 (a) PROPERTY DESIGNATED FOR DISPOSAL UNDER

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

18 the Arsenal are designated for disposal under this section:

19 (1) An area of real property consisting of ap20 proximately 1,900 acres located at the Arsenal, the

21 approximate legal description of which includes part

22 of section 30, Jackson Township, T34N R10E, and

23 sections or part of sections 24, 25, 26, 35, and 36,

24 Channahon Township, T34N R9E, Will County, Illi25 nois, as depicted in the Arsenal Land Use Concept
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1 to be conveyed to the Village of Elwood, Illinois for

2 the purpose of an industrial park. Any funds re3 ceived by the Village of Elwood from the sale or

4 other transfer of this property, or portions thereof,

5 less any costs expended for improvements thereon,

6 shall be remitted to the Department of the Army.

7 Any sale or transfer of this property by the Village

8 of Elwood for the development of the industrial park

9 shall be at fair market value, as determined in ac10 cordance with Federal appraisal standards and pro11 cedures.

12 (2) An area of real property consisting of ap13 proximately 1,100 acres, the approximate legal de14 scription of which includes part of sections 16, 17,

15 and 18, Florence Township, T33N R10E, Will

16 County, Illinois, as depicted in the Arsenal Land

17 Use Concept to be conveyed to the City of Wilming18 ton, Illinois, for the purpose of an industrial park.

19 Any funds received by the City of Wilmington from

20 the sale or other transfer of this property, or por21 tions thereof, less any costs expended for improve22 ments thereon, shall be remitted to the Department

23 of the Army. Any sale or transfer of this property

24 by the City of Wilmington for the development of

25 the industrial park shall be at fair market value, as
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1 determined in accordance with Federal appraisal

2 standards and procedures.

3 (3) An area of real property consisting of ap4 proximately 425 acres, the approximate legal de5 scription of which includes part of sections 8 and 17,

6 Florence Township, T33N R10E, Will County, Illi7 nois, as depicted in the Arsenal Land Use Concept

8 to be conveyed to the County of Will to be operated

9 as a landfill by the County: Provided, That such ad10 ditional acreage shall be added to the landfill as is

11 necessary to reasonably accommodate needs for the

12 disposal of refuse and other materials from the res13 toration and cleanup of only the Arsenal property as

14 provided for in this Act: Provided further, That the

15 use of this additional acreage by any agency of the

16 Federal Government or its agents or assigns shall be

17 at no cost to the Federal Government.

18 (4) An area of real property consisting of ap19 proximately 910 acres, the approximate legal de20 scription of which includes part of sections 30 and

21 31, Jackson Township, T34N R10E, and including

22 part of sections 25 and 36, Channahon Township,

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

24 Arsenal Land Use Concept to be transferred to the
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1 Department of Veterans Affairs in accordance with

2 all provisions of section 2337, Public Law 100–180.

3 (5) Pursuant to the requirements of subsection

4 (b) and section 2 (a), the Secretary of the Army

5 shall transfer to the Administrator of the General

6 Services Administration the following areas: Manu7 facturing Area—Study Area 1—Southern Ash Pile,

8 Study Area 2—Explosive Burning Ground, Study

9 Area 3—Flashing Grounds, Study Area 4—Lead

10 Azide Area, Study Area 10—Toluene Tank Farms,

11 Study Area 11—Landfill, Study Area 12—Sellite

12 Manufacturing Area, Study Area 14—Former Pond

13 Area, Study Area 15—Sewage Treatment Plant.

14 Load Assemble Packing Area—Group 61: Study

15 Area L1, Explosive Burning Ground: Study Area

16 L2, Demolition Area: Study Area L3, Landfill Area:

17 Study Area L4, Salvage Yard: Study Area L5,

18 Group 1: Study Area L7, Group 2: Study Area L8,

19 Group 3: Study Area L9, Group 3A: Study Area 10,

20 Doyle Lake: Study Area L12, Group 68: Study Area

21 L13, Group 4: Study Area L14, Group 5: Study

22 Area L15, Group 8: Study Area L18, Group 9:

23 Study Area L19, Group 20, Study Area L20, Group

24 25: Study Area L22, Group 27: Study Area L23,

25 Group 62: Study Area L25, Group 64: Study Area
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1 L27, Group 65: Study Area L28, Extraction Pits:

2 Study Area L31, PVC Area: Study Area L33,

3 Former Burning Area: Study Area L34, Fill Area:

4 Study Area L35, including all associated inventoried

5 buildings and structures as identified in the Joliet

6 Army Ammunition Plant Plantwide Building and

7 Structures Report and the contaminate study sites

8 for both the Manufacturing and Loan Assembly and

9 Packing sides of the Joliet Arsenal as delineated in

10 the Dames and Moore Final Report, Phase 2 Reme11 dial Investigation Manufacturing (MFG) Area Joliet

12 Army Ammunition Plant Joliet, Illinois (May 30,

13 1993. Contract No. DAAA15–90–D–0015 task

14 order No. 6 prepared for: United States Army Envi15 ronmental Center); and excepting the two industrial

16 parks, national cemetery and landfill described in

17 subsections (a)(1), (2)(3), and (a)(4).

18 (b) TRANSFER OF LANDS IN SUBSECTION.—(a)(5)

19 Within six months of satisfying all cleanup and other re20 quirements contained in section 120(h) of the CERCLA

21 and in accordance with the requirements of section 2(a),

22 the Secretary of the Army shall offer the Secretary of Ag23 riculture the option of accepting a transfer of the areas

24 described in subsection (a)(5), without reimbursement, to

25 be added to the MNP as described in section 4 and subject
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1 to the terms and conditions including the limitations on

2 liability, contained in this Act. In the event the Secretary

3 of Agriculture declines such offer, the property shall be

4 disposed of as surplus property under the provisions of

5 the Federal Property and Administrative Services Act of

6 1949 (40 U.S.C. 471 et seq.).

7 (c) ENVIRONMENTAL QUALITY OF THE PROPERTY.—

8 (1) Nothing in this section shall be construed to

9 restrict or lessen the degree of cleanup required to

10 be carried out under applicable law at the property

11 designated for disposal under this section.

12 (2) The disposal of real property under this sec13 tion shall be carried out in compliance with all the

14 provisions of section 120(h) of the CERCLA and

15 any other applicable law.

Æ