I

104TH CONGRESS

1ST SESSION H. R. 714

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

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1995

Mr. WELLER introduced the following bill; which was referred to the Committee on Agriculture and, in addition, to the Committees on National Security, Commerce, and Transportation and Infrastructure, for a period to

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

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 TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Il5 linois Land Conservation Act of 1995’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.
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TITLE I—CONVERSION OF JOLIET ARMY AMMUNITION PLANT TO

MIDEWIN NATIONAL TALLGRASS PRAIRIE

Sec. 101. Principles of transfer.

Sec. 102. Transfer of management responsibilities and jurisdiction over Arsenal.

Sec. 103. Continuation of responsibility and liability of Secretary of the Army

for environmental cleanup.

Sec. 104. Establishment and administration of Midewin National Tallgrass

Prairie.

Sec. 105. Special management requirements for Midewin National Tallgrass

Prairie.

Sec. 106. Special disposal rules for certain Arsenal parcels intended for MNP.

TITLE II—OTHER REAL PROPERTY DISPOSALS INVOLVING

JOLIET ARMY AMMUNITION PLANT

Sec. 201. Disposal of certain real property at Arsenal for a national cemetery.

Sec. 202. Disposal of certain real property at Arsenal for a county landfill.

Sec. 203. Disposal of certain real property at Arsenal for economic development.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Degree of environmental cleanup.

1 SEC. 2. DEFINITIONS.

2 For purposes of this Act:

3 (1) The term ‘‘Administrator’’ means the Ad4 ministrator of the United States Environmental Pro5 tection Agency.

6 (2) The term ‘‘agricultural purposes’’ means

7 the use of land for row crops, pasture, hay, and

8 grazing.

9 (3) The term ‘‘Arsenal’’ means the Joliet Army

10 Ammunition Plant located in the State of Illinois.

11 (4) The acronym ‘‘CERCLA’’ means the Com12 prehensive Environmental Response, Compensation,

13 and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
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1 (5) The term ‘‘Defense Environmental Restora2 tion Program’’ means the program of environmental

3 restoration for defense installations established by

4 the Secretary of Defense under section 2701 of title

5 10, United States Code.

6 (6) The term ‘‘environmental law’’ means all

7 applicable Federal, State, and local laws, regula8 tions, and requirements related to protection of

9 human health, natural and cultural resources, or the

10 environment, including CERCLA, the Solid Waste

11 Disposal Act (42 U.S.C. 6901 et seq.), the Federal

12 Water Pollution Control Act (33 U.S.C. 1251 et

13 seq.), the Clean Air Act (42 U.S.C. 7401 et seq.),

14 the Federal Insecticide, Fungicide, and Rodenticide

15 Act (7 U.S.C. 136 et seq.), the Toxic Substances

16 Control Act (15 U.S.C. 2601 et seq.), and the Safe

17 Drinking Water Act (42 U.S.C. 300f et seq.).

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

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

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

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

22 Midewin National Tallgrass Prairie established pur23 suant to section 104 and managed as a part of the

24 National Forest System.
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1 (9) The term ‘‘national cemetery’’ means a

2 cemetery established and operated as part of the Na3 tional Cemetery System of the Department of Veter4 ans Affairs and subject to the provisions of chapter

5 24 of title 38, United States Code.

6 (10) The term ‘‘person’’ has the meaning given

7 such term by section 101(21) of CERCLA (42

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

9 (11) The term ‘‘pollutant or contaminant’’ has

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

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

12 (12) The term ‘‘release’’ has the meaning given

13 such term by section 101(22) of CERCLA (42

14 U.S.C. 9601(22)).

15 (13) The term ‘‘response action’’ has the mean16 ing given such term by section 101(25) of CERCLA

17 (42 U.S.C. 9601(25)).

18 TITLE I—CONVERSION OF JO19 LIET ARMY AMMUNITION

20 PLANT TO MIDEWIN NA21 TIONAL TALLGRASS PRAIRIE

22 SEC. 101. PRINCIPLES OF TRANSFER.

23 (a) LAND USE PLAN.—The Congress ratifies in prin24 ciple the proposals generally identified by the land use

25 plan which was developed by the Joliet Arsenal Citizen
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1 Planning Commission and unanimously approved on April

2 8, 1994.

3 (b) TRANSFER WITHOUT REIMBURSEMENT.—The

4 area constituting the Midewin National Tallgrass Prairie

5 shall be transferred, without reimbursement, to the Sec6 retary of Agriculture.

7 (c) MANAGEMENT OF MNP.—Management by the

8 Secretary of Agriculture of those portions of the Arsenal

9 transferred to the Secretary under this Act shall be in ac10 cordance with sections 104 and 105 regarding the

11 Midewin National Tallgrass Prairie.

12 (d) SECURITY MEASURES.—The Secretary of the

13 Army and the Secretary of Agriculture shall each provide

14 and maintain physical and other security measures on

15 such portion of the Arsenal as is under the administrative

16 jurisdiction of such Secretary. Such security measures

17 (which may include fences and natural barriers) shall in18 clude measures to prevent members of the public from

19 gaining unauthorized access to such portions of the Arse20 nal as are under the administrative jurisdiction of such

21 Secretary and that may endanger health or safety.

22 (e) COOPERATIVE AGREEMENTS.—The Secretary of

23 the Army, the Secretary of Agriculture, and the Adminis24 trator are individually and collectively authorized to enter

25 into cooperative agreements and memoranda of under-
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1 standing among each other and with other affected Fed2 eral agencies, State and local governments, private organi3 zations, and corporations to carry out the purposes for

4 which the Midewin National Tallgrass Prairie is estab5 lished.

6 (f) INTERIM ACTIVITIES OF THE SECRETARY OF AG7 RICULTURE.—Prior to transfer and subject to such rea8 sonable terms and conditions as the Secretary of the Army

9 may prescribe, the Secretary of Agriculture may enter

10 upon the Arsenal property for purposes related to plan11 ning, resource inventory, fish and wildlife habitat manipu12 lation (which may include prescribed burning), and other

13 such activities consistent with the purposes for which the

14 Midewin National Tallgrass Prairie is established.

15 SEC. 102. TRANSFER OF MANAGEMENT RESPONSIBILITIES

16 AND JURISDICTION OVER ARSENAL.

17 (a) INITIAL TRANSFER OF JURISDICTION.—Within 6

18 months after the date of the enactment of this Act, the

19 Secretary of the Army shall effect the transfer of those

20 portions of the Arsenal property identified for transfer to

21 the Secretary of Agriculture pursuant to subsection (d).

22 The Secretary of the Army shall transfer to the Secretary

23 of Agriculture only those portions of the Arsenal for which

24 the Secretary of the Army and the Administrator concur

25 that no further action is required under any environmental
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1 law and which therefore have been eliminated from the

2 areas to be further studied pursuant to the Defense Envi3 ronmental Restoration Program for the Arsenal. Within

4 4 months after the date of the enactment of this Act, the

5 Secretary of the Army and the Administrator shall provide

6 to the Secretary of Agriculture all existing documentation

7 supporting such finding and all existing information relat8 ing to the environmental conditions of the portions of the

9 Arsenal to be transferred to the Secretary of Agriculture

10 pursuant to this subsection.

11 (b) ADDITIONAL TRANSFERS.—The Secretary of the

12 Army shall transfer to the Secretary of Agriculture in ac13 cordance with section 106(c) any portion of the property

14 generally identified in subsection (d) and not transferred

15 under subsection (a) after the Secretary of the Army and

16 the Administrator concur that no further action is re17 quired at that portion of property under any environ18 mental law and that such portion is therefore eliminated

19 from the areas to be further studied pursuant to the De20 fense Environmental Restoration Program for the Arse21 nal. At least 2 months before any transfer under this sub22 section, the Secretary of the Army and the Administrator

23 shall provide to the Secretary of Agriculture all existing

24 documentation supporting such finding and all existing in25 formation relating to the environmental conditions of the
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1 portion of the Arsenal to be transferred. Transfer of juris2 diction pursuant to this subsection may be accomplished

3 on a parcel-by-parcel basis.

4 (c) EFFECT ON CONTINUED RESPONSIBILITIES AND

5 LIABILITY OF SECRETARY OF THE ARMY.—Subsections

6 (a) and (b), and their requirements, shall not in any way

7 affect the responsibilities and liabilities of the Secretary

8 of the Army specified in section 103.

9 (d) IDENTIFICATION OF PORTIONS FOR TRANSFER

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

11 of Agriculture under subsections (a) and (b) shall be iden12 tified on a map or maps which shall be agreed to by the

13 Secretary of the Army and the Secretary of Agriculture.

14 Generally, the land to be transferred to the Secretary of

15 Agriculture shall be all the real property and improve16 ments comprising the Arsenal, except for lands and facili17 ties described in subsection (e) or designated for disposal

18 under section 106 or title II.

19 (e) PROPERTY USED FOR ENVIRONMENTAL CLEAN20 UP.—

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

22 shall retain jurisdiction, authority, and control over

23 real property at the Arsenal to be used for—

24 (A) water treatment;
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1 (B) the treatment, storage, or disposal of

2 any hazardous substance, pollutant or contami3 nant, hazardous material, or petroleum prod4 ucts or their derivatives;

5 (C) other purposes related to any response

6 action at the Arsenal; and

7 (D) other actions required at the Arsenal

8 under any environmental law to remediate con9 tamination or conditions of noncompliance with

10 any environmental law.

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

12 shall consult with the Secretary of Agriculture re13 garding the identification and management of the

14 real property retained under this subsection and en15 sure that activities carried out on that property are

16 consistent, to the extent practicable, with the pur17 poses for which the Midewin National Tallgrass

18 Prairie is established, as specified in section 104(c),

19 and with the other provisions of such section and

20 section 105.

21 (3) PRIORITY OF RESPONSE ACTIONS.—In the

22 case of any conflict between management of the

23 property by the Secretary of Agriculture and any re24 sponse action or other action required under envi25 ronmental law to remediate petroleum products or
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1 their derivatives, the response action or other such

2 action shall take priority.

3 (f) SURVEYS.—All costs of necessary surveys for the

4 transfer of jurisdiction of Arsenal property from the Sec5 retary of the Army to the Secretary of Agriculture shall

6 be shared equally by the two Secretaries.

7 SEC. 103. CONTINUATION OF RESPONSIBILITY AND LIABIL8 ITY OF SECRETARY OF THE ARMY FOR ENVI9 RONMENTAL CLEANUP.

10 (a) RESPONSIBILITY.—The liabilities and responsibil11 ities of the Secretary of the Army under any environ12 mental law shall not transfer under any circumstances to

13 the Secretary of Agriculture as a result of the property

14 transfers made under section 102 or section 106, or as

15 a result of interim activities of the Secretary of Agri16 culture on Arsenal property under section 101(f). With re17 spect to the real property at the Arsenal, the Secretary

18 of the Army shall remain liable for and continue to carry

19 out—

20 (1) all response actions required under

21 CERCLA at or related to the property;

22 (2) all remediation actions required under any

23 other environmental law at or related to the prop24 erty; and
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1 (3) all actions required under any other envi2 ronmental law to remediate petroleum products or

3 their derivatives (including motor oil and aviation

4 fuel) at or related to the property.

5 (b) LIABILITY.—

6 (1) IN GENERAL.—Nothing in this Act shall be

7 construed to effect, modify, amend, repeal, alter,

8 limit or otherwise change, directly or indirectly, the

9 responsibilities or liabilities under any applicable en10 vironmental law of any person (including the Sec11 retary of Agriculture), except as provided in para12 graph (3) with respect to the Secretary of Agri13 culture.

14 (2) LIABILITY OF SECRETARY OF THE ARMY.—

15 The Secretary of the Army shall retain any obliga16 tion or other liability at the Arsenal that the Sec17 retary may have under CERCLA and other environ18 mental laws. Following transfer of any portions of

19 the Arsenal pursuant to this Act, the Secretary of

20 the Army shall be accorded all easements and access

21 to such property as may be reasonably required to

22 carry out such obligation or satisfy such liability.

23 (3) SPECIAL RULES FOR SECRETARY OF AGRI24 CULTURE.—The Secretary of Agriculture shall not

25 be responsible or liable under any environmental law
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1 for matters which are in any way related directly or

2 indirectly to activities of the Secretary of the Army,

3 or any party acting under the authority of the Sec4 retary in connection with the Defense Environmental

5 Restoration Program, at the Arsenal and which are

6 for any of the following:

7 (A) Costs of response actions required

8 under CERCLA at or related to the Arsenal.

9 (B) Costs, penalties, or fines related to

10 noncompliance with any environmental law at

11 or related to the Arsenal or related to the pres12 ence, release, or threat of release of any hazard13 ous substance, pollutant, contaminant, hazard14 ous waste or hazardous material of any kind at

15 or related to the Arsenal, including contamina16 tion resulting from migration of hazardous sub17 stances, pollutants, contaminants, hazardous

18 materials, or petroleum products or their de19 rivatives disposed during activities of the De20 partment of the Army.

21 (C) Costs of actions necessary to remedy

22 such noncompliance or other problem specified

23 in subparagraph (B).

24 (c) PAYMENT OF RESPONSE ACTION COSTS.—Any

25 Federal department or agency that had or has operations
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1 at the Arsenal resulting in the release or threatened re2 lease of hazardous substances, pollutants, or contaminants

3 shall pay the cost of related response actions or related

4 actions under other statutes to remediate petroleum prod5 ucts or their derivatives, including motor oil and aviation

6 fuel.

7 (d) CONSULTATION.—The Secretary of Agriculture

8 shall consult with the Secretary of the Army with respect

9 to the Secretary of Agriculture’s management of real prop10 erty included in the Midewin National Tallgrass Prairie

11 subject to any response action or other action at the Arse12 nal being carried out by or under the authority of the Sec13 retary of the Army under any environmental law. The Sec14 retary of Agriculture shall consult with the Secretary of

15 the Army prior to undertaking any activities on the

16 Midewin National Tallgrass Prairie that may disturb the

17 property to ensure that such activities will not exacerbate

18 contamination problems or interfere with performance by

19 the Secretary of the Army of response actions at the prop20 erty. In carrying out response actions at the Arsenal, the

21 Secretary of the Army shall consult with the Secretary of

22 Agriculture to ensure that such actions are carried out in

23 a manner consistent with the purposes for which the

24 Midewin National Tallgrass Prairie is established, as spec-
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1 ified in section 104(c), and the other provisions of such

2 section and section 105.

3 SEC. 104. ESTABLISHMENT AND ADMINISTRATION OF

4 MIDEWIN NATIONAL TALLGRASS PRAIRIE.

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

6 initial transfer of jurisdiction of portions of the Arsenal

7 to the Secretary of Agriculture under section 102(a), the

8 Secretary of Agriculture shall establish the Midewin Na9 tional Tallgrass Prairie. The MNP shall—

10 (1) be administered by the Secretary of Agri11 culture; and

12 (2) consist of the real property so transferred

13 and such other portions of the Arsenal subsequently

14 transferred under section 102(b) or 106.

15 (b) ADMINISTRATION.—

16 (1) IN GENERAL.—The Secretary of Agriculture

17 shall manage the Midewin National Tallgrass Prairie

18 as a part of the National Forest System in accord19 ance with this Act and the laws, rules, and regula20 tions pertaining to the National Forest System, ex21 cept that the Bankhead-Jones Farm Tenant Act of

22 1937 (7 U.S.C. 1010–1012) shall not apply to the

23 MNP.

24 (2) INITIAL MANAGEMENT ACTIVITIES.—In

25 order to expedite the administration and public use
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1 of the Midewin National Tallgrass Prairie, the Sec2 retary of Agriculture may conduct management ac3 tivities at the MNP to effectuate the purposes for

4 which the MNP is established, as set forth in sub5 section (c), in advance of the development of a land

6 and resource management plan for the MNP.

7 (3) LAND AND RESOURCE MANAGEMENT

8 PLAN.—In developing a land and resource manage9 ment plan for the Midewin National Tallgrass Prai10 rie, the Secretary of Agriculture shall consult with

11 the Illinois Department of Conservation and local

12 governments adjacent to the MNP and provide an

13 opportunity for public comment. Any parcel trans14 ferred to the Secretary of Agriculture under this Act

15 after the development of a land and resource man16 agement plan for the MNP may be managed in ac17 cordance with such plan without need for an amend18 ment to the plan.

19 (c) PURPOSES OF THE MIDEWIN NATIONAL

20 TALLGRASS PRAIRIE.—The Midewin National Tallgrass

21 Prairie is established to be managed for National Forest

22 System purposes, including the following:

23 (1) To conserve and enhance populations and

24 habitats of fish, wildlife, and plants, including popu-
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1 lations of grassland birds, raptors, passerines, and

2 marsh and water birds.

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

4 habitat for species listed as proposed, threatened or

5 endangered under the Endangered Species Act of

6 1973 (16 U.S.C. 1531 et seq.).

7 (3) To provide fish and wildlife oriented public

8 uses at levels compatible with the conservation, en9 hancement and restoration of native wildlife and

10 plants and their habitats.

11 (4) To provide opportunities for scientific re12 search.

13 (5) To provide opportunities for environmental

14 and land use education.

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

16 the MNP in a manner that will conserve and en17 hance the natural diversity of native fish, wildlife,

18 and plants.

19 (7) To conserve and enhance the quality of

20 aquatic habitat.

21 (8) To provide for public recreation insofar as

22 such recreation is compatible with the other pur23 poses for which the MNP is established.

24 (d) OTHER LAND ACQUISITION FOR MNP.—
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1 (1) LAND ACQUISITION FUNDS.—Notwithstand2 ing section 7 of the Land and Water Conservation

3 Fund Act of 1965 (16 U.S.C. 460l–9), monies ap4 propriated from the Land and Water Conservation

5 Fund established under section 2 of such Act (16

6 U.S.C. 460l–5) shall be available for acquisition of

7 lands and interests in land for inclusion in the

8 Midewin National Tallgrass Prairie.

9 (2) ACQUISITION OF PRIVATE LANDS.—Acquisi10 tion of private lands for inclusion in the Midewin

11 National Tallgrass Prairie shall be on a willing seller

12 basis only.

13 (e) COOPERATION WITH STATES, LOCAL GOVERN14 MENTS AND OTHER ENTITIES.—In the management of

15 the Midewin National Tallgrass Prairie, the Secretary is

16 authorized and encouraged to cooperate with appropriate

17 Federal, State and local governmental agencies, private

18 organizations and corporations. Such cooperation may in19 clude cooperative agreements as well as the exercise of the

20 existing authorities of the Secretary under the Cooperative

21 Forestry Assistance Act of 1978 and the Forest and

22 Rangeland Renewable Resources Research Act of 1978.

23 The objects of such cooperation may include public edu24 cation, land and resource protection, and cooperative man25 agement among government, corporate and private land-
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1 owners in a manner which furthers the purposes for which

2 the Midewin National Tallgrass Prairie is established.

3 SEC. 105. SPECIAL MANAGEMENT REQUIREMENTS FOR

4 MIDEWIN NATIONAL TALLGRASS PRAIRIE.

5 (a) PROHIBITION AGAINST THE CONSTRUCTION OF

6 NEW THROUGH ROADS.—No new construction of any

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

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

9 through or across any portion of the Midewin National

10 Tallgrass Prairie. Nothing herein shall preclude construc11 tion and maintenance of roads for use within the MNP,

12 or the granting of authorizations for utility rights-of-way

13 under applicable Federal law, or preclude such access as

14 is necessary. Nothing herein shall preclude necessary ac15 cess by the Secretary of the Army for purposes of restora16 tion and cleanup as provided in this Act.

17 (b) AGRICULTURAL LEASES AND SPECIAL USE AU18 THORIZATIONS.—Within the Midewin National Tallgrass

19 Prairie, use of the lands for agricultural purposes shall

20 be permitted subject to the following terms and conditions:

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

22 under section 102 there exists any lease issued by

23 the Department of the Army, Department of De24 fense, or any other agency thereof, for agricultural

25 purposes upon the parcel transferred, the Secretary
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1 of Agriculture, upon transfer of jurisdiction, shall

2 convert the lease to a special use authorization, the

3 terms of which shall be identical in substance to the

4 lease that existed prior to the transfer, including the

5 expiration date and any payments owed the United

6 States.

7 (2) The Secretary of Agriculture may issue spe8 cial use authorizations to persons for use of the

9 Midewin National Tallgrass Prairie for agricultural

10 purposes. Such special use authorizations shall re11 quire payment of a rental fee, in advance, that is

12 based on the fair market value of the use allowed.

13 Fair market value shall be determined by appraisal

14 or a competitive bidding process. Special use author15 izations issued pursuant to this paragraph shall in16 clude terms and conditions as the Secretary of Agri17 culture may deem appropriate.

18 (3) No agricultural special use authorization

19 shall be issued for agricultural purposes which has

20 a term extending beyond the date twenty years from

21 the date of enactment of this Act, except that noth22 ing in this Act shall preclude the Secretary from is23 suing agricultural special use authorizations or graz24 ing permits which are effective after twenty years

25 from the date of enactment of this Act for purposes
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1 primarily related to erosion control, provision for

2 food and habitat for fish and wildlife, or other re3 source management activities consistent with the

4 purposes of the Midewin National Tallgrass Prairie.

5 (c) TREATMENT OF RENTAL FEES.—Monies received

6 pursuant to subsection (b) shall be subject to distribution

7 to the State of Illinois and affected counties pursuant to

8 the Acts of May 23, 1908, and March 1, 1911 (16 U.S.C.

9 500). All such monies not distributed pursuant to such

10 Acts shall be covered into the Treasury and shall con11 stitute a special fund, which is hereby appropriated and

12 made available until expended, to cover the cost to the

13 United States of such prairie-improvement work as the

14 Secretary of Agriculture may direct. Any portion of any

15 deposit made to the fund which the Secretary of Agri16 culture determines to be in excess of the cost of doing such

17 work shall be transferred, upon such determination, to

18 miscellaneous receipts, Forest Service Fund, as a National

19 Forest receipt of the fiscal year in which such transfer

20 is made.

21 (d) USER FEES.—The Secretary is authorized to

22 charge reasonable fees for the admission, occupancy, and

23 use of the Midewin National Tallgrass Prairie and may

24 prescribe a fee schedule providing for reduced or a waiver

25 of fees for persons or groups engaged in authorized activi-
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1 ties including those providing volunteer services, research,

2 or education. The Secretary shall permit admission, occu3 pancy, and use at no additional charge for persons pos4 sessing a valid Golden Eagle Passport or Golden Age

5 Passport.

6 (e) SALVAGE OF IMPROVEMENTS.—The Secretary of

7 Agriculture may sell for salvage value any facilities and

8 improvements which have been transferred to the Sec9 retary of Agriculture pursuant to this Act.

10 (f) TREATMENT OF USER FEES AND SALVAGE RE11 CEIPTS.—Monies collected pursuant to subsections (d)

12 and (e) shall be covered into the Treasury and constitute

13 a special fund to be known as the Midewin National

14 Tallgrass Prairie Restoration Fund. Deposits in the

15 Midewin National Tallgrass Prairie Restoration Fund,

16 which are hereby appropriated and made available until

17 expended, shall be used for restoration and administration

18 of the Midewin National Tallgrass Prairie, including con19 struction of a visitor and education center, restoration of

20 ecosystems, construction of recreational facilities (such as

21 trails), construction of administrative offices, and oper22 ation and maintenance of the MNP.

23 (g) USE OF GROUND WATER RESOURCES.—The Sec24 retary of Agriculture shall develop a plan to provide Will

25 County, Illinois, and local jurisdictions in the county with
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1 reasonable access to, and use of, ground water through

2 the system of water wells in existence on the date of the

3 enactment of this Act and located on portions of Arsenal

4 property to be included in the Midewin National Tallgrass

5 Prairie. The Secretary shall develop the water access and

6 use plan in consultation with the Board of Commissioners

7 of Will County, the redevelopment authority established

8 pursuant to section 203(c), and representatives of the af9 fected jurisdictions.

10 SEC. 106. SPECIAL DISPOSAL RULES FOR CERTAIN ARSE11 NAL PARCELS INTENDED FOR MNP.

12 (a) DESCRIPTION OF PARCELS.—Except as provided

13 in subsection (b), the following areas are designated for

14 disposal pursuant to subsection (c):

15 (1) Manufacturing Area—Study Area 1—

16 Southern Ash Pile, Study Area 2—Explosive Burn17 ing Ground, Study Area 3—Flashing Grounds,

18 Study Area 4—Lead Azide Area, Study Area 10—

19 Toluene Tank Farms, Study Area 11—Landfill,

20 Study Area 12—Sellite Manufacturing Area, Study

21 Area 14—Former Pond Area, Study Area 15—Sew22 age Treatment Plant.

23 (2) Load Assemble Packing Area—Group 61:

24 Study Area L1, Explosive Burning Ground: Study

25 Area L2, Demolition Area: Study Area L3, Landfill
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1 Area: Study Area L4, Salvage Yard: Study Area L5,

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

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

4 L10, Doyle Lake: Study Area L12, Group 4: Study

5 Area L14, Group 5: Study Area L15, Group 8:

6 Study Area L18, Group 9: Study Area L19, Group

7 20, Study Area L20, Group 25: Study Area L22,

8 Group 27: Study Area L23, Group 62: Study Area

9 L25, Extraction Pits: Study Area L31, PVC Area:

10 Study Area L33, Former Burning Area: Study Area

11 L34, Fill Area: Study Area L35, including all asso12 ciated inventoried buildings and structures as identi13 fied in the Joliet Army Ammunition Plant Plantwide

14 Building and Structures Report and the contaminate

15 study sites for both the Manufacturing and Load

16 Assembly and Packing sides of the Joliet Arsenal as

17 delineated in the Dames and Moore Final Report,

18 Phase 2 Remedial Investigation Manufacturing

19 (MFG) Area Joliet Army Ammunition Plant Joliet,

20 Illinois (May 30, 1993. Contract No. DAAA15–90–

21 D–0015 task order No. 6 prepared for: United

22 States Army Environmental Center).

23 (b) EXCEPTION.—The parcels described in subsection

24 (a) shall not include the property at the Arsenal des25 ignated for disposal under title II.
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1 (c) INITIAL OFFER TO SECRETARY OF AGRI2 CULTURE.—Within 6 months after the construction and

3 installation of any remedial design approved by the Ad4 ministrator and required for any lands described in sub5 section (a), the Administrator shall provide to the Sec6 retary of Agriculture all existing information regarding

7 the implementation of such remedy, including information

8 regarding its effectiveness. Within 3 months after the Ad9 ministrator provides such information to the Secretary of

10 Agriculture, the Secretary of the Army shall offer the Sec11 retary of Agriculture the option of accepting a transfer

12 of the areas described in subsection (a), without reim13 bursement, to be added to the Midewin National Tallgrass

14 Prairie and subject to the terms and conditions, including

15 the limitations on liability, contained in this Act. In the

16 event the Secretary of Agriculture declines such offer, the

17 property may be disposed of as the Army would ordinarily

18 dispose of such property under applicable provisions of

19 law. Any sale or other transfer of property conducted pur20 suant to this subsection may be accomplished on a parcel21 by-parcel basis.
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1 TITLE II—OTHER REAL PROP2 ERTY DISPOSALS INVOLVING

3 JOLIET ARMY AMMUNITION

4 PLANT

5 SEC. 201. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSE6 NAL FOR A NATIONAL CEMETERY.

7 (a) TRANSFER REQUIRED.—Not later than 6 months

8 after the date of the enactment of this Act, the Secretary

9 of the Army shall transfer, without reimbursement, to the

10 Secretary of Veterans Affairs the parcel of real property

11 at the Arsenal described in subsection (b) for use as a

12 national cemetery. Subsections (b) and (c) of section 2337

13 of the National Defense Authorization Act for Fiscal

14 Years 1988 and 1989 (Public Law 101–180; 101 Stat.

15 1225) shall apply to the transfer.

16 (b) DESCRIPTION OF PROPERTY.—The real property

17 to be transferred under subsection (a) is a parcel of real

18 property at the Arsenal consisting of approximately 910

19 acres, the approximate legal description of which includes

20 part of sections 30 and 31 Jackson Township, T34N

21 R10E, and part of sections 25 and 36 Channahon Town22 ship, T34N R9E, Will County, Illinois, as depicted in the

23 Arsenal Land Use Concept.

24 (c) SECURITY MEASURES.—The Secretary of Veter25 ans Affairs shall provide and maintain physical and other
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1 security measures on the real property transferred under

2 subsection (a). Such security measures (which may include

3 fences and natural barriers) shall include measures to pre4 vent members of the public from gaining unauthorized ac5 cess to the portion of the Arsenal that is under the admin6 istrative jurisdiction of such Secretary and that may en7 danger health or safety.

8 (d) SURVEYS.—All costs of necessary surveys for the

9 transfer of jurisdiction of Arsenal properties from the Sec10 retary of the Army to the Secretary of Veterans Affairs

11 shall be shared equally by the two Secretaries.

12 SEC. 202. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSE13 NAL FOR A COUNTY LANDFILL.

14 (a) TRANSFER REQUIRED.—The Secretary of the

15 Army shall transfer, without compensation, to the County

16 of Will, Illinois, all right, title, and interest of the United

17 States in and to the parcel of real property at the Arsenal

18 described in subsection (b), which shall be operated as a

19 landfill by the County.

20 (b) DESCRIPTION OF PROPERTY.—The real property

21 to be transferred under subsection (a) is a parcel of real

22 property at the Arsenal consisting of—

23 (1) approximately 425 acres, the approximate

24 legal description of which includes part of sections 8

25 and 17, Florence Township, T33N R10E, Will
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1 County, Illinois, as depicted in the Arsenal Land

2 Use Concept; and

3 (2) such additional acreage at the Arsenal as is

4 necessary to reasonably accommodate needs for the

5 disposal of refuse and other materials from the res6 toration and cleanup of only the Arsenal property as

7 provided for in this Act.

8 (c) USE OF LANDFILL.—The use by any agency of

9 the Federal Government (or its agents or assigns) of the

10 landfill established on the real property described in sub11 section (b)(2) shall be at no cost to the Federal Govern12 ment.

13 (d) REVERSIONARY INTEREST.—During the 5-year

14 period beginning on the date the Secretary of the Army

15 makes the conveyance under subsection (a), if the Sec16 retary determines that the conveyed real property is not

17 being operated as a landfill or that the Federal Govern18 ment (or its agents or assigns) is denied reasonable access

19 to the portion of the landfill described in subsection (b)(2),

20 all right, title and interest in and to the property, includ21 ing improvements thereon, shall revert to the United

22 States. The United States shall have the right of imme23 diate entry onto the property. Any determination of the

24 Secretary under this subsection shall be made on the

25 record after an opportunity for a hearing.
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1 (e) SURVEYS.—All costs of necessary surveys for the

2 transfer of real property under this section shall be borne

3 by the Secretary of the Army.

4 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec5 retary of the Army may require such additional terms and

6 conditions in connection with the conveyance under this

7 section as the Secretary considers appropriate to protect

8 the interests of the United States.

9 SEC. 203. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSE10 NAL FOR ECONOMIC DEVELOPMENT.

11 (a) TRANSFER REQUIRED.—Subject to subsection

12 (c), the Secretary of the Army shall transfer, without com13 pensation, to the State of Illinois, all right, title, and inter14 est of the United States in and to the parcel of real prop15 erty at the Arsenal described in subsection (b), which shall

16 be used for economic redevelopment to replace all or a part

17 of the economic activity lost at the Arsenal.

18 (b) DESCRIPTION OF PROPERTY.—The real property

19 to be transferred under subsection (a) is a parcel of real

20 property at the Arsenal consisting of—

21 (1) approximately 1,900 acres located at the

22 Arsenal, the approximate legal description of which

23 includes part of section 30, Jackson Township,

24 T34N R10E, and sections or part of sections 24, 25,

25 26, 35, and 36, Channahon Township, T34N R9E,
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1 Will County, Illinois, as depicted in the Arsenal

2 Land Use Concept; and

3 (2) approximately 1,100 acres, the approximate

4 legal description of which includes part of sections

5 16, 17, 18 Florence Township, T33N R10E, Will

6 County, Illinois, as depicted in the Arsenal Land

7 Use Concept.

8 (c) CONDITION OF CONVEYANCE.—

9 (1) REDEVELOPMENT AUTHORITY.—The con10 veyance under subsection (a) shall be subject to the

11 condition that the Governor of the State of Illinois

12 establish a redevelopment authority to be responsible

13 for overseeing the economic redevelopment of the

14 conveyed land.

15 (2) TIME FOR ESTABLISHMENT.—To satisfy the

16 condition specified in paragraph (1), the redevelop17 ment authority shall be established within one year

18 after the date of the enactment of this Act.

19 (d) REVERSIONARY INTEREST.—During the 5-year

20 period beginning on the date the Secretary makes the con21 veyance under subsection (a), if the Secretary determines

22 that the conveyed real property is not being used for eco23 nomic redevelopment or that the redevelopment authority

24 established under subsection (c) is not overseeing such re25 development, all right, title and interest in and to the
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1 property, including improvements thereon, shall revert to

2 the United States. The United States shall have the right

3 of immediate entry onto the property. Any determination

4 of the Secretary under this subsection shall be made on

5 the record after an opportunity for a hearing.

6 (e) SURVEYS.—All costs of necessary surveys for the

7 transfer of real property under this section shall be borne

8 by the Secretary of the Army.

9 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec10 retary of the Army may require such additional terms and

11 conditions in connection with the conveyance under this

12 section as the Secretary considers appropriate to protect

13 the interests of the United States.

14 TITLE III—MISCELLANEOUS

15 PROVISIONS

16 SEC. 301. DEGREE OF ENVIRONMENTAL CLEANUP.

17 (a) IN GENERAL.—Nothing in this Act shall be con18 strued to restrict or lessen the degree of cleanup at the

19 Arsenal required to be carried out under provisions of any

20 environmental law.

21 (b) RESPONSE ACTION.—The establishment of the

22 Midewin National Tallgrass Prairie shall not restrict or

23 lessen in any way response action or degree of cleanup

24 under CERCLA or other environmental law, or any re25 sponse action required under any environmental law to re-
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1 mediate petroleum products or their derivatives (including

2 motor oil and aviation fuel), required to be carried out

3 under the authority of the Secretary of the Army at the

4 Arsenal and surrounding areas.

5 (c) ENVIRONMENTAL QUALITY OF PROPERTY.—Any

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

7 under title II shall be carried out in compliance with all

8 applicable provisions of section 120(h) of CERCLA and

9 other environmental laws.

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