```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2398 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE AND DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Illinois Land 
Conservation Act of 1994''.
    (b) Definitions.--For purposes of this Act:
            (1) The term ``Administrator'' means the Administrator of 
        the United States Environmental Protection Agency.
            (2) The term ``agricultural purposes'' means the use of 
        land for row crops, pasture, hay and grazing.
            (3) The terms ``applicable law'' and ``applicable laws'' 
        mean all applicable Federal, State, and local laws, 
        regulations, and requirements, including but not limited to the 
        Comprehensive Environmental Response, Compensation and 
        Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Resource 
        Conservation and Recovery Act (42 U.S.C. 6901 et seq.), the 
        Clean Water Act (33 U.S.C. 1251 et seq.), and the Clean Air Act 
        (42 U.S.C. 7401 et seq.), and any amendments and implementing 
        regulations of such Acts, and any other laws, regulations, and 
        requirements related to protection of human health or the 
        environment.
            (4) The terms ``applicable environmental law'' and 
        ``applicable environmental laws'' mean all applicable Federal, 
        State, and local laws, regulations, and requirements related to 
        protection of human health or the environment, including but 
        not limited to those stated in section 1(b)(3).
            (5) The term ``Arsenal'' means the Joliet Army Ammunition 
        Plant located in the State of Illinois.
            (6) The acronym ``CERCLA'' means the Comprehensive 
        Environmental Response, Compensation and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.), as amended.
            (7) The term ``hazardous substance'' has the meaning given 
        such term by section 101(14) of CERCLA (42 U.S.C. 9601(14)).
            (8) The abbreviation ``MNP'' means the Midewin National 
        Tallgrass Prairie established pursuant to section 4 and managed 
        as a part of the National Forest System.
            (9) The term ``person'' has the meaning given that term by 
        section 101(21) of CERCLA (42 U.S.C. 9601(21)).
            (10) The term ``pollutant or contaminant'' has the meaning 
        given such term by section 101(33) of CERCLA (42 U.S.C. 
        9601(33)).
            (11) The term ``response action'' has the meaning given the 
        term ``response'' by section 101(25) of CERCLA (42 U.S.C. 
        9601(25)).
            (12) The term ``national cemetery'' means a cemetery 
        established and operated as part of the Department of Veterans 
        Affairs National Cemetery System and subject to the provisions 
        of chapter 24 of title 38, United States Code.

SEC. 2. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER 
              THE JOLIET ARSENAL.

    (a) Principles of Transfer.--
            (1) The Congress hereby ratifies in principle the proposals 
        generally identified by the land use plan which was developed 
        by the Joliet Arsenal Citizen Planning Commission and 
        unanimously approved on April 8, 1994.
            (2) The area constituting the MNP shall be transferred, 
        without reimbursement, to the Secretary of Agriculture.
            (3) Management by the Secretary of Agriculture of those 
        portions of the Arsenal so transferred shall be in accordance 
        with section 4.
            (4) This Act does not change in any fashion the 
        responsibilities or liabilities of any person under any 
        applicable environmental law except that the Secretary of 
        Agriculture shall not be liable or responsible for 
        contamination resulting from or related to the condition of the 
        property existing prior to transfer of the property, including 
        but not limited to migration of hazardous substances, 
        pollutants, contaminants, or petroleum products or their 
        derivatives disposed during activities of the Department of the 
        Army.
            (5) The Secretary of the Army shall be responsible for the 
        upkeep and maintenance of all fences, guardhouses, and other 
        security facilities, as well as the costs of security personnel 
        on all portions of the Arsenal that have not been transferred 
        to the Secretary of Agriculture.
            (6) The Secretary of the Army, the Secretary of 
        Agriculture, and the Administrator are individually and 
        collectively authorized to enter into cooperative agreements 
        and memoranda of understanding among each other and with other 
        affected Federal, State, and local governments, private 
        organizations and corporations for the purposes of implementing 
        this Act and carrying out the purposes for which the MNP is 
        established.
    (b) Interim Activities of the Secretary of Agriculture.--Prior to 
transfer and subject to such reasonable terms and conditions as the 
Secretary of the Army may prescribe, the Secretary of Agriculture may 
enter upon the Arsenal property for purposes related to planning, 
resource inventory, fish and wildlife habitat manipulation (which may 
include prescribed burning), and other such activities consistent with 
the purposes for which the MNP is established. Except as provided in 
section 2(a)(4), the Secretary of Agriculture shall not be liable or 
responsible in any way under CERCLA or any other applicable 
environmental law for environmental conditions related to any such 
interim activities.
    (c) Transfer of Jurisdiction.--Jurisdiction over lands comprising 
the Arsenal shall be transferred as follows:
            (1) Within 6 months of enactment of this Act and in 
        accordance with section 2(a), the Secretary of the Army shall 
        effect the transfer of those portions of the Arsenal property 
        identified for transfer to the Secretary of Agriculture 
        pursuant to section 2(c)(2) and to the Secretary of Veteran 
        Affairs pursuant to section 5.
            (2) The lands so transferred pursuant to paragraph (1) of 
        subsection (c) shall be identified on a map or maps which shall 
        be agreed to by the Secretary of the Army and the Secretary of 
        Agriculture. Generally, the land to be transferred to the 
        Secretary of Agriculture shall be all the real property and 
        improvements comprising the Arsenal, except for lands and 
        facilities described in section 2(d) or designated for disposal 
        under section 5.
            (3) 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 
        of the Department to whom the land is being transferred. For 
        lands transferred to a non-Federal agency pursuant to section 
        5, the Army shall pay the survey costs.
    (d) Property Used for Environmental Cleanup Purposes.--The 
Secretary of the Army shall retain jurisdiction, authority, and control 
over real property at the Arsenal to be used for water treatment; the 
treatment, storage, or disposal of any hazardous substance, pollutant 
or contaminant, petroleum products or their derivatives; or other 
purposes related to any response action at the Arsenal and other action 
required under any other applicable environmental law to remediate 
contamination or conditions of noncompliance at the Arsenal. The 
Secretary of the the Army shall consult with the Secretary of 
Agriculture regarding the identification and management of the real 
property retained under this paragraph and ensure that activities 
carried out on that property are consistent, to the extent practicable, 
with the purposes for which the MNP is to be established under section 
4(c), and consistent with the provisions of sections 4 (a), (b), and 
(d)-(i). In the case of any conflict between management of the property 
by the Secretary of Agriculture and any response action or action 
required under applicable law to remediate petroleum products or their 
derivatives, the response action or other action shall take priority.

SEC. 3. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF THE SECRETARY 
              OF THE ARMY FOR ENVIRONMENTAL CLEANUP.

    (a) Responsibility.--The Secretary of the Army shall, with respect 
to the real property at the Arsenal, remain liable for and continue to 
carry out--
            (1) all response actions required under CERCLA and other 
        applicable provisions of law at or related to the property, and
            (2) all actions required under any other applicable law to 
        remediate petroleum products or their derivatives (including 
        motor oil and aviation fuel).
The liabilities and responsibilities of the Secretary of the Army 
described in the preceding sentence shall not transfer under any 
circumstances to the Secretary of Agriculture. The Secretary of 
Agriculture shall consult with the Secretary of the Army with respect 
to the Secretary of Agriculture's management of real property subject 
to any such response action or other action at the property being 
carried out by or under the authority of the Secretary of the Army 
under such provisions of law.
    (b) Liability.--
            (1) Subject to subsections (b)(3) and (b)(4), nothing in 
        this Act shall relieve, and no action may be taken under this 
        Act to relieve, the Secretary of the Army or any other person 
        from any obligation or other liability that they may have at 
        the Arsenal under CERCLA and other laws.
            (2) After the transfer of jurisdiction under section 2(c), 
        the Secretary of the Army shall retain any obligation or other 
        liability at the Arsenal that it may have under CERCLA and 
        other applicable laws and shall be accorded all easements and 
        access as may be reasonably required to carry out such 
        obligation or other liability.
            (3) Subject to subsection (b)(4), the Secretary of 
        Agriculture shall not be responsible or liable for any costs of 
        response actions required under CERCLA at or related to the 
        Arsenal, or, with respect to noncompliance at or related to the 
        Arsenal by the Secretary of the Army of any applicable 
        environmental law, for any costs, penalties, fines, costs of 
        actions necessary to remedy such noncompliance, or costs of 
        other obligations. The Secretary of Agriculture shall not be 
        responsible or liable for any contamination resulting from or 
        related to conditions of the property existing prior to 
        transfer of the property, including contamination arising from 
        the operations of the Department of the Army and its 
        contractors. Contamination shall include but not be limited to 
        migration of hazardous substances, pollutants, contaminants, or 
        petroleum products or their derivatives disposed during 
        activities of the Department of the Army.
            (4) The Secretary of Agriculture shall be responsible and 
        liable only for and only to the extent of any other 
        contamination affirmatively introduced into the environment at 
        the Arsenal by the Secretary of Agriculture or the Department 
        of Agriculture. The Secretary of Agriculture shall consult with 
        the Secretary of the Army prior to undertaking any activities 
        that may disturb the property to ensure that such activities 
        will not exacerbate contamination problems or interfere with 
        performance by the Secretary of the Army of response actions at 
        the property.
    (c) Degree of Cleanup.--Nothing in this Act shall be construed to 
restrict or lessen the degree of cleanup at the Arsenal required to be 
carried out under applicable law. All response actions and other 
actions required under any other statute to remediate petroleum 
products or their derivatives (including motor oil and aviation fuel) 
carried out at the Arsenal shall attain a degree of cleanup of 
hazardous substances, pollutants, contaminants, and petroleum products 
or their derivatives that, at a minimum, is sufficient to fully meet 
the purposes set forth in section 4(c) for which the MNP will be 
established.
    (d) Payment of Response Action Costs.--Any Federal department or 
agency that had or has operations at the Arsenal resulting in the 
release or threatened release of hazardous substances, pollutants, or 
contaminants shall pay the cost of related response actions or related 
actions under other statutes to remediate petroleum products or their 
derivatives, including motor oil and aviation fuel.
    (e) Consultation.--In carrying out response actions at the Arsenal, 
the Secretary of the Army shall consult with the Secretary of 
Agriculture to ensure that such actions are carried out in a manner 
consistent with sections 4 (a), (b), and (d)-(i), and, to the extent 
practicable, consistent with the purposes set forth in section 4(c) for 
which the MNP will be established.

SEC. 4. ESTABLISHMENT OF THE MIDEWIN NATIONAL TALLGRASS PRAIRIE.

    (a) Establishment.--On the effective date of the transfer of 
jurisdiction under section 2(c), there is thereby established the 
Midewin National Tallgrass Prairie consisting of the real property so 
transferred for administration by the Secretary of Agriculture.
    (b) Administration.--
            (1) The Secretary of Agriculture 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: Provided, That the Bankhead-Jones Farm Tenant Act of 
        1937 (7 U.S.C. 1010-1012) shall not apply to the MNP.
            (2) Notwithstanding the provisions of section 7 of the Land 
        and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), 
        monies appropriated from the Land and Water Conservation Fund 
        shall be available for acquisition of lands and interests 
        therein for the MNP.
            (3) In order to expedite the administration and public use 
        of the MNP, the Secretary of Agriculture may conduct management 
        activities at the MNP to effectuate the purposes for which the 
        MNP is established, as set forth in subsection (c), in advance 
        of the development of a land and resource management plan for 
        the MNP.
            (4) In developing a land and resource management plan for 
        the MNP, the Secretary of Agriculture shall consult with the 
        Illinois Department of Conservation and local governments 
        adjacent to the MNP and provide an opportunity for public 
        comment. Any parcel transferred to the Secretary of 
        Agriculture, pursuant to section 2(d) and subsequent to the 
        development of a land and resource management plan for the MNP, 
        may be managed in accordance with such plan without need for an 
        amendment thereto.
    (c) Purposes of the Midewin National Tallgrass Prairie.--The MNP is 
established to be managed for National Forest purposes, including the 
following:
            (1) To conserve and enhance populations and habitats of 
        fish, wildlife, and plants, including populations of grasslands 
        birds, raptors, passerines, and marsh and water birds.
            (2) To restore and enhance, where practicable, habitat for 
        species listed as proposed, threatened or endangered under the 
        Endangered Species Act.
            (3) To provide fish and wildlife oriented public uses at 
        levels compatible with the conservation, enhancement and 
        restoration of native wildlife and plants and their habitats.
            (4) To provide opportunities for scientific research.
            (5) To provide opportunities for environmental and land use 
        education.
            (6) To manage the land and water resources of the MNP in a 
        manner that will conserve and enhance the natural diversity of 
        native fish, wildlife, and plants.
            (7) To conserve and enhance the quality of aquatic habitat.
            (8) To provide for public recreation insofar as such 
        recreation is compatible with the other purposes for which the 
        MNP is established.
    (d) Prohibition Against the Construction of New Through Roads.--No 
new construction of any highway, public road, or any part of the 
interstate system, whether Federal, State, or local, shall be permitted 
through or across any portion of the MNP. Nothing herein shall preclude 
construction and maintenance of roads for use within the MNP, or the 
granting of authorizations for utility rights-of-way under applicable 
Federal law, or preclude such access as is necessary. Nothing herein 
shall preclude necessary access by the Secretary of the Army for 
purposes of restoration and cleanup as provided in this Act.
    (e) Agricultural Leases and Special Use Authorizations.--Within the 
MNP, use of the lands for agricultural purposes shall be permitted 
subject to the following terms and conditions:
            (1) If at the time of transfer of jurisdiction pursuant to 
        section 2 there exists any lease issued by the Department of 
        the Army, Department of Defense, or any other agency thereof, 
        for agricultural purposes upon the parcel transferred, the 
        Secretary of Agriculture, upon transfer of jurisdiction, shall 
        convert the lease to a special use authorization, the terms of 
        which shall be identical in substance to the lease that existed 
        prior to the transfer, including the expiration date and any 
        payments owed the United States.
            (2) The Secretary of Agriculture may issue special use 
        authorizations to persons for use of the MNP for agricultural 
        purposes. Such special use authorizations shall require payment 
        of a rental fee, in advance, that is based on the fair market 
        value of the use allowed. Fair market value shall be determined 
        by appraisal or a competitive bidding process. Special use 
        authorizations issued pursuant to this paragraph shall include 
        terms and conditions as the Secretary of Agriculture may deem 
        appropriate.
            (3) No agricultural special use authorization shall be 
        issued for agricultural purposes which has a term extending 
        beyond the date twenty years from the date of enactment of this 
        Act: Provided, That nothing in this Act shall preclude the 
        Secretary from issuing agricultural special use authorizations 
        or grazing permits which are effective after twenty years from 
        the date of enactment of this Act for purposes primarily 
        related to erosion control, provision for food and habitat for 
        fish and wildlife, or other resource management activities 
        consistent with the purposes of this Act.
    (f) 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 reduced or a waiver of fees for persons or 
groups engaged in authorized activities including those providing 
volunteer services, research, or education: Provided, That the 
Secretary shall permit admission, occupancy and use at no additional 
charge for persons possessing a valid Golden Eagle Passport or Golden 
Age Passport.
    (g) Salvage of Improvements.--The Secretary of Agriculture may sell 
for salvage value any facilities and improvements which have been 
transferred to the Secretary of Agriculture pursuant to this Act.
    (h) Midewin National Tallgrass Prairie Restoration Fund.--Moneys 
received pursuant to subsection (e) shall be subject to distribution to 
the State of Illinois and affected counties pursuant to the Acts of May 
23, 1908 and March 1, 1911, as amended (16 U.S.C. 500). All moneys not 
so distributed pursuant to said Acts, and all other moneys collected 
pursuant to subsections (f) and (g) of this section shall be covered 
into the Treasury and constitute a special fund to be known as the 
Midewin National Tallgrass Prairie Restoration Fund (``Fund''). 
Deposits in this fund are appropriated and made available, without need 
for further appropriation, until expended, for use, with or without 
funds otherwise appropriated, for restoration and administration of the 
MNP, including but not limited to: 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.
    (i) Cooperation With States, Local Government and Other Entities.--
In the management of the MNP, the Secretary is authorized and 
encouraged to cooperate with appropriate Federal, State and local 
governmental agencies, private organizations, and corporations. Such 
cooperation may include cooperative agreements as well as the exercise 
of the existing authorities of the Secretary under the Cooperative 
Forestry Assistance Act of 1978, as amended, and the Forest and 
Rangeland Renewable Resources Research Act of 1978, as amended. The 
objects of such cooperation may include public education, land and 
resource protection, and cooperative management among government, 
corporate, and private landowners in a manner which furthers the 
purposes of this Act. Activities conducted pursuant to this subsection 
shall be exempt from the requirements of the Federal Advisory Committee 
Act (5 U.S.C. Appendix 2) and the rules and regulations promulgated 
thereunder.

SEC. 5. DISPOSAL OF CERTAIN REAL PROPERTY AT THE ARSENAL FOR INDUSTRIAL 
              DEVELOPMENT, A NATIONAL VETERANS CEMETERY, AND A COUNTY 
              LANDFILL.

    (a) Property Designated for Disposal Under This Section.--The 
following areas of real property at the Arsenal are designated for 
disposal under this section:
            (1) An area of real property consisting of approximately 
        1,900 acres located at the Arsenal, the approximate legal 
        description of which includes part of section 30, Jackson 
        Township, T34N R10E, and sections or part of sections 24, 25, 
        26, 35, and 36, Channahon Township, T34N R9E, Will County, 
        Illinois, as depicted in the Arsenal Land Use Concept to be 
        conveyed to the Village of Elwood, Illinois for the purpose of 
        an industrial park. Any funds received by the Village of Elwood 
        from the sale or other transfer of this property, or portions 
        thereof, less any costs expended for improvements thereon, 
        shall be remitted to the Department of the Army. Any sale or 
        transfer of this property by the Village of Elwood for the 
        development of the industrial park shall be at fair market 
        value, as determined in accordance with Federal appraisal 
        standards and procedures.
            (2) An area of real property consisting of approximately 
        1,100 acres, the approximate legal description of which 
        includes part of sections 16, 17, and 18, Florence Township, 
        T33N R10E, Will County, Illinois, as depicted in the Arsenal 
        Land Use Concept to be conveyed to the City of Wilmington, 
        Illinois, for the purpose of an industrial park. Any funds 
        received by the City of Wilmington from the sale or other 
        transfer of this property, or portions thereof, less any costs 
        expended for improvements thereon, shall be remitted to the 
        Department of the Army. Any sale or transfer of this property 
        by the City of Wilmington for the development of the industrial 
        park shall be at fair market value, as determined in accordance 
        with Federal appraisal standards and procedures.
            (3) An area of real property consisting of approximately 
        425 acres, the approximate legal description of which includes 
        part of sections 8 and 17, Florence Township, T33N R10E, Will 
        County, Illinois, as depicted in the Arsenal Land Use Concept 
        to be conveyed to the County of Will to be operated as a 
        landfill by the County: Provided, That such additional acreage 
        shall be added to the landfill as is necessary to reasonably 
        accommodate needs for the disposal of refuse and other 
        materials from the restoration and cleanup of only the Arsenal 
        property as provided for in this Act: Provided further, That 
        the use of this additional acreage by any agency of the Federal 
        Government or its agents or assigns shall be at no cost to the 
        Federal Government.
            (4) An area of real property consisting of approximately 
        910 acres, the approximate legal description of which includes 
        part of sections 30 and 31, Jackson Township, T34N R10E, and 
        including part of sections 25 and 36, Channahon Township, T34N 
        R9E, Will County, Illinois, as depicted in the Arsenal Land Use 
        Concept to be transferred to the Department of Veterans Affairs 
        in accordance with all provisions of section 2337, Public Law 
        100-180.
            (5) Pursuant to the requirements of subsection (b) and 
        section 2 (a), the Secretary of the Army shall transfer to the 
        Administrator of the General Services Administration the 
        following areas: Manufacturing Area--Study Area 1--Southern Ash 
        Pile, Study Area 2--Explosive Burning Ground, Study Area 3--
        Flashing Grounds, Study Area 4--Lead Azide Area, Study Area 
        10--Toluene Tank Farms, Study Area 11--Landfill, Study Area 
        12--Sellite Manufacturing Area, Study Area 14--Former Pond 
        Area, Study Area 15--Sewage Treatment Plant. Load Assemble 
        Packing Area--Group 61: Study Area L1, Explosive Burning 
        Ground: Study Area L2, Demolition Area: Study Area L3, Landfill 
        Area: Study Area L4, Salvage Yard: Study Area L5, Group 1: 
        Study Area L7, Group 2: Study Area L8, Group 3: Study Area L9, 
        Group 3A: Study Area 10, Doyle Lake: Study Area L12, Group 68: 
        Study Area L13, Group 4: Study Area L14, Group 5: Study Area 
        L15, Group 8: Study Area L18, Group 9: Study Area L19, Group 
        20, Study Area L20, Group 25: Study Area L22, Group 27: Study 
        Area L23, Group 62: Study Area L25, Group 64: Study Area L27, 
        Group 65: Study Area L28, Extraction Pits: Study Area L31, PVC 
        Area: Study Area L33, Former Burning Area: Study Area L34, Fill 
        Area: Study Area L35, including all associated inventoried 
        buildings and structures as identified in the Joliet Army 
        Ammunition Plant Plantwide Building and Structures Report and 
        the contaminate study sites for both the Manufacturing and Loan 
        Assembly and Packing sides of the Joliet Arsenal as delineated 
        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); and excepting the two industrial parks, 
        national cemetery and landfill described in subsections (a)(1), 
        (2)(3), and (a)(4).
    (b) Transfer of Lands in Subsection.--(a)(5) Within six months of 
satisfying all cleanup and other requirements contained in section 
120(h) of the CERCLA and in accordance with the requirements of section 
2(a), the Secretary of the Army shall offer the Secretary of 
Agriculture the option of accepting a transfer of the areas described 
in subsection (a)(5), without reimbursement, to be added to the MNP as 
described in section 4 and subject to the terms and conditions 
including the limitations on liability, contained in this Act. In the 
event the Secretary of Agriculture declines such offer, the property 
shall be disposed of as surplus property under the provisions of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 
et seq.).
    (c) Environmental Quality of the Property.--
            (1) Nothing in this section shall be construed to restrict 
        or lessen the degree of cleanup required to be carried out 
        under applicable law at the property designated for disposal 
        under this section.
            (2) The disposal of real property under this section shall 
        be carried out in compliance with all the provisions of section 
        120(h) of the CERCLA and any other applicable law.
                                 <all>
```