104TH CONGRESS

1ST SESSION H. R. 714

AN ACT

To establish the Midewin National Tallgrass Prairie

in the State of Illinois, and for other purposes.
104TH CONGRESS

1ST SESSION H. R. 714

AN ACT

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,
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Il3 linois Land Conservation Act of 1995’’.

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

5 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Definitions.

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.

6 SEC. 2. DEFINITIONS.

7 For purposes of this Act:

8 (1) The term ‘‘Administrator’’ means the Ad9 ministrator of the United States Environmental Pro10 tection Agency.

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

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

13 grazing.
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1 (3) The term ‘‘Arsenal’’ means the Joliet Army

2 Ammunition Plant located in the State of Illinois.

3 (4) The acronym ‘‘CERCLA’’ means the Com4 prehensive Environmental Response, Compensation,

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

6 (5) The term ‘‘Defense Environmental Restora7 tion Program’’ means the program of environmental

8 restoration for defense installations established by

9 the Secretary of Defense under section 2701 of title

10 10, United States Code.

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

12 applicable Federal, State, and local laws, regula13 tions, and requirements related to protection of

14 human health, natural and cultural resources, or the

15 environment, including CERCLA, the Solid Waste

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

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

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

19 the Federal Insecticide, Fungicide, and Rodenticide

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

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

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

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

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

25 CERCLA (42 U.S.C. 9601(14)).
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1 (8) The abbreviation ‘‘MNP’’ means the

2 Midewin National Tallgrass Prairie established pur3 suant to section 104 and managed as a part of the

4 National Forest System.

5 (9) The term ‘‘national cemetery’’ means a

6 cemetery established and operated as part of the Na7 tional Cemetery System of the Department of Veter8 ans Affairs and subject to the provisions of chapter

9 24 of title 38, United States Code.

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

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

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

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

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

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

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

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

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

19 (13) The term ‘‘response action’’ has the mean20 ing given the term ‘‘response’’ by section 101(25) of

21 CERCLA (42 U.S.C. 9601(25)).
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1 TITLE I—CONVERSION OF JO2 LIET ARMY AMMUNITION

3 PLANT TO MIDEWIN NA4 TIONAL TALLGRASS PRAIRIE

5 SEC. 101. PRINCIPLES OF TRANSFER.

6 (a) LAND USE PLAN.—The Congress ratifies in prin7 ciple the proposals generally identified by the land use

8 plan which was developed by the Joliet Arsenal Citizen

9 Planning Commission and unanimously approved on May

10 30, 1995.

11 (b) TRANSFER WITHOUT REIMBURSEMENT.—The

12 area constituting the Midewin National Tallgrass Prairie

13 shall be transferred, without reimbursement, to the Sec14 retary of Agriculture.

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

16 Secretary of Agriculture of those portions of the Arsenal

17 transferred to the Secretary under this Act shall be in ac18 cordance with sections 104 and 105 regarding the

19 Midewin National Tallgrass Prairie.

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

21 Army and the Secretary of Agriculture shall each provide

22 and maintain physical and other security measures on

23 such portion of the Arsenal as is under the administrative

24 jurisdiction of such Secretary. Such security measures

25 (which may include fences and natural barriers) shall in-
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1 clude measures to prevent members of the public from

2 gaining unauthorized access to such portions of the Arse3 nal as are under the administrative jurisdiction of such

4 Secretary and that may endanger health or safety.

5 (e) COOPERATIVE AGREEMENTS.—The Secretary of

6 the Army, the Secretary of Agriculture, and the Adminis7 trator are individually and collectively authorized to enter

8 into cooperative agreements and memoranda of under9 standing among each other and with other affected Fed10 eral agencies, State and local governments, private organi11 zations, and corporations to carry out the purposes for

12 which the Midewin National Tallgrass Prairie is estab13 lished.

14 (f) INTERIM ACTIVITIES OF THE SECRETARY OF AG15 RICULTURE.—Prior to transfer and subject to such rea16 sonable terms and conditions as the Secretary of the Army

17 may prescribe, the Secretary of Agriculture may enter

18 upon the Arsenal property for purposes related to plan19 ning, resource inventory, fish and wildlife habitat manipu20 lation (which may include prescribed burning), and other

21 such activities consistent with the purposes for which the

22 Midewin National Tallgrass Prairie is established.
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1 SEC. 102. TRANSFER OF MANAGEMENT RESPONSIBILITIES

2 AND JURISDICTION OVER ARSENAL.

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

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

5 Secretary of the Army shall effect the transfer of those

6 portions of the Arsenal property identified for transfer to

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

8 The Secretary of the Army shall transfer to the Secretary

9 of Agriculture only those portions of the Arsenal for which

10 the Secretary of the Army and the Administrator concur

11 that no further action is required under any environmental

12 law and which therefore have been eliminated from the

13 areas to be further studied pursuant to the Defense Envi14 ronmental Restoration Program for the Arsenal. Within

15 4 months after the date of the enactment of this Act, the

16 Secretary of the Army and the Administrator shall provide

17 to the Secretary of Agriculture all existing documentation

18 supporting such finding and all existing information relat19 ing to the environmental conditions of the portions of the

20 Arsenal to be transferred to the Secretary of Agriculture

21 pursuant to this subsection.

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

23 Army shall transfer to the Secretary of Agriculture in ac24 cordance with section 106(c) any portion of the property

25 generally identified in subsection (d) and not transferred

26 under subsection (a) after the Secretary of the Army and
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1 the Administrator concur that no further action is re2 quired at that portion of property under any environ3 mental law and that such portion is therefore eliminated

4 from the areas to be further studied pursuant to the De5 fense Environmental Restoration Program for the Arse6 nal. At least 2 months before any transfer under this sub7 section, the Secretary of the Army and the Administrator

8 shall provide to the Secretary of Agriculture all existing

9 documentation supporting such finding and all existing in10 formation relating to the environmental conditions of the

11 portion of the Arsenal to be transferred. Transfer of juris12 diction pursuant to this subsection may be accomplished

13 on a parcel-by-parcel basis.

14 (c) EFFECT ON CONTINUED RESPONSIBILITIES AND

15 LIABILITY OF SECRETARY OF THE ARMY.—Subsections

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

17 affect the responsibilities and liabilities of the Secretary

18 of the Army specified in section 103.

19 (d) IDENTIFICATION OF PORTIONS FOR TRANSFER

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

21 of Agriculture under subsections (a) and (b) shall be iden22 tified on a map or maps which shall be agreed to by the

23 Secretary of the Army and the Secretary of Agriculture.

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

25 Agriculture shall be all the real property and improve-
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1 ments comprising the Arsenal, except for lands and facili2 ties described in subsection (e) or designated for disposal

3 under section 106 or title II.

4 (e) PROPERTY USED FOR ENVIRONMENTAL CLEAN5 UP.—

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

7 shall retain jurisdiction, authority, and control over

8 real property at the Arsenal to be used for—

9 (A) water treatment;

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

11 any hazardous substance, pollutant or contami12 nant, hazardous material, or petroleum prod13 ucts or their derivatives;

14 (C) other purposes related to any response

15 action at the Arsenal; and

16 (D) other actions required at the Arsenal

17 under any environmental law to remediate con18 tamination or conditions of noncompliance with

19 any environmental law.

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

21 shall consult with the Secretary of Agriculture re22 garding the identification and management of the

23 real property retained under this subsection and en24 sure that activities carried out on that property are

25 consistent, to the extent practicable, with the pur-
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1 poses for which the Midewin National Tallgrass

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

3 and with the other provisions of such section and

4 section 105.

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

6 case of any conflict between management of the

7 property by the Secretary of Agriculture and any re8 sponse action, or any other action required under

9 any other environmental law, including actions to re10 mediate petroleum products of their derivatives, the

11 response action or other action shall take priority.

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

13 transfer of jurisdiction of Arsenal property from the Sec14 retary of the Army to the Secretary of Agriculture shall

15 be borne by the Secretary of Agriculture.

16 SEC. 103. CONTINUATION OF RESPONSIBILITY AND LIABIL17 ITY OF SECRETARY OF THE ARMY FOR ENVI18 RONMENTAL CLEANUP.

19 (a) RESPONSIBILITY.—The liabilities and responsibil20 ities of the Secretary of the Army under any environ21 mental law shall not transfer under any circumstances to

22 the Secretary of Agriculture as a result of the property

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

24 a result of interim activities of the Secretary of Agri25 culture on Arsenal property under section 101(f). With re-
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1 spect to the real property at the Arsenal, the Secretary

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

3 out—

4 (1) all response actions required under

5 CERCLA at or related to the property;

6 (2) all remediation actions required under any

7 other environmental law at or related to the prop8 erty; and

9 (3) all actions required under any other envi10 ronmental law to remediate petroleum products or

11 their derivatives (including motor oil and aviation

12 fuel) at or related to the property.

13 (b) LIABILITY.—

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

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

16 limit or otherwise change, directly or indirectly, the

17 responsibilities or liabilities under any environmental

18 law of any person (including the Secretary of Agri19 culture), except as provided in paragraph (3) with

20 respect to the Secretary of Agriculture.

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

22 The Secretary of the Army shall retain any obliga23 tion or other liability at the Arsenal that the Sec24 retary may have under CERCLA and other environ25 mental laws. Following transfer of any portions of
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1 the Arsenal pursuant to this Act, the Secretary of

2 the Army shall be accorded all easements and access

3 to such property as may be reasonably required to

4 carry out such obligation or satisfy such liability.

5 (3) SPECIAL RULES FOR SECRETARY OF AGRI6 CULTURE.—The Secretary of Agriculture shall not

7 be responsible or liable under any environmental law

8 for matters which are in any way related directly or

9 indirectly to activities of the Secretary of the Army,

10 or any party acting under the authority of the Sec11 retary in connection with the Defense Environmental

12 Restoration Program, at the Arsenal and which are

13 for any of the following:

14 (A) Costs of response actions required

15 under CERCLA at or related to the Arsenal.

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

17 noncompliance with any environmental law at

18 or related to the Arsenal or related to the pres19 ence, release, or threat of release of any hazard20 ous substance, pollutant, contaminant, hazard21 ous waste or hazardous material of any kind at

22 or related to the Arsenal, including contamina23 tion resulting from migration of hazardous sub24 stances, pollutants, contaminants, hazardous

25 materials, or petroleum products or their de-
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1 rivatives disposed during activities of the De2 partment of the Army.

3 (C) Costs of actions necessary to remedy

4 such noncompliance or other problem specified

5 in subparagraph (B).

6 (c) 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 environmental laws, including actions

12 to remediate petroleum products or their derivatives.

13 (d) CONSULTATION.—The Secretary of Agriculture

14 shall consult with the Secretary of the Army with respect

15 to the Secretary of Agriculture’s management of real prop16 erty included in the Midewin National Tallgrass Prairie

17 subject to any response action or other action at the Arse18 nal being carried out by or under the authority of the Sec19 retary of the Army under any environmental law. The Sec20 retary of Agriculture shall consult with the Secretary of

21 the Army prior to undertaking any activities on the

22 Midewin National Tallgrass Prairie that may disturb the

23 property to ensure that such activities will not exacerbate

24 contamination problems or interfere with performance by

25 the Secretary of the Army of response actions at the prop-
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1 erty. In carrying out response actions at the Arsenal, the

2 Secretary of the Army shall consult with the Secretary of

3 Agriculture to ensure that such actions are carried out in

4 a manner consistent with the purposes for which the

5 Midewin National Tallgrass Prairie is established, as spec6 ified in section 104(c), and the other provisions of such

7 section and section 105.

8 SEC. 104. ESTABLISHMENT AND ADMINISTRATION OF

9 MIDEWIN NATIONAL TALLGRASS PRAIRIE.

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

11 initial transfer of jurisdiction of portions of the Arsenal

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

13 Secretary of Agriculture shall establish the Midewin Na14 tional Tallgrass Prairie. The MNP shall—

15 (1) be administered by the Secretary of Agri16 culture; and

17 (2) consist of the real property so transferred

18 and such other portions of the Arsenal subsequently

19 transferred under section 102(b) or 106.

20 (b) ADMINISTRATION.—

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

22 shall manage the Midewin National Tallgrass Prairie

23 as a part of the National Forest System in accord24 ance with this Act and the laws, rules, and regula25 tions pertaining to the National Forest System, ex-
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1 cept that the Bankhead-Jones Farm Tenant Act of

2 1937 (7 U.S.C. 1010–1012) shall not apply to the

3 MNP.

4 (2) INITIAL MANAGEMENT ACTIVITIES.—In

5 order to expedite the administration and public use

6 of the Midewin National Tallgrass Prairie, the Sec7 retary of Agriculture may conduct management ac8 tivities at the MNP to effectuate the purposes for

9 which the MNP is established, as set forth in sub10 section (c), in advance of the development of a land

11 and resource management plan for the MNP.

12 (3) LAND AND RESOURCE MANAGEMENT

13 PLAN.—In developing a land and resource manage14 ment plan for the Midewin National Tallgrass Prai15 rie, the Secretary of Agriculture shall consult with

16 the Illinois Department of Conservation and local

17 governments adjacent to the MNP and provide an

18 opportunity for public comment. Any parcel trans19 ferred to the Secretary of Agriculture under this Act

20 after the development of a land and resource man21 agement plan for the MNP may be managed in ac22 cordance with such plan without need for an amend23 ment to the plan.

24 (c) PURPOSES OF THE MIDEWIN NATIONAL

25 TALLGRASS PRAIRIE.—The Midewin National Tallgrass
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1 Prairie is established to be managed for National Forest

2 System purposes, including the following:

3 (1) To manage the land and water resources of

4 the MNP in a manner that will conserve and en5 hance the native populations and habitats of fish,

6 wildlife, and plants.

7 (2) To provide opportunities for scientific, envi8 ronmental, and land use education and research.

9 (3) To allow the continuation of agricultural

10 uses of lands within the MNP consistent with sec11 tion 105(b).

12 (4) To provide a variety of recreation opportu13 nities that are not inconsistent with the preceding

14 purposes.

15 (d) OTHER LAND ACQUISITION FOR MNP.—

16 (1) LAND ACQUISITION FUNDS.—Notwithstand17 ing section 7 of the Land and Water Conservation

18 Fund Act of 1965 (16 U.S.C. 460l–9), monies ap19 propriated from the Land and Water Conservation

20 Fund established under section 2 of such Act (16

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

22 lands and interests in land for inclusion in the

23 Midewin National Tallgrass Prairie.
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1 (2) ACQUISITION OF PRIVATE LANDS.—Acquisi2 tion of private lands for inclusion in the Midewin

3 National Tallgrass Prairie shall be on a willing seller

4 basis only.

5 (e) COOPERATION WITH STATES, LOCAL GOVERN6 MENTS AND OTHER ENTITIES.—In the management of

7 the Midewin National Tallgrass Prairie, the Secretary of

8 Agriculture is authorized and encouraged to cooperate

9 with appropriate Federal, State and local governmental

10 agencies, private organizations and corporations. Such co11 operation may include cooperative agreements as well as

12 the exercise of the existing authorities of the Secretary

13 under the Cooperative Forestry Assistance Act of 1978

14 and the Forest and Rangeland Renewable Resources Re15 search Act of 1978. The objects of such cooperation may

16 include public education, land and resource protection,

17 and cooperative management among government, cor18 porate and private landowners in a manner which furthers

19 the purposes for which the Midewin National Tallgrass

20 Prairie is established.

21 SEC. 105. SPECIAL MANAGEMENT REQUIREMENTS FOR

22 MIDEWIN NATIONAL TALLGRASS PRAIRIE.

23 (a) PROHIBITION AGAINST THE CONSTRUCTION OF

24 NEW THROUGH ROADS.—No new construction of any

25 highway, public road, or any part of the interstate system,
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1 whether Federal, State, or local, shall be permitted

2 through or across any portion of the Midewin National

3 Tallgrass Prairie. Nothing herein shall preclude construc4 tion and maintenance of roads for use within the MNP,

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

6 under applicable Federal law, or preclude such access as

7 is necessary. Nothing herein shall preclude necessary ac8 cess by the Secretary of the Army for purposes of restora9 tion and cleanup as provided in this Act.

10 (b) AGRICULTURAL LEASES AND SPECIAL USE AU11 THORIZATIONS.—Within the Midewin National Tallgrass

12 Prairie, use of the lands for agricultural purposes shall

13 be permitted subject to the following terms and conditions:

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

15 under section 102 there exists any lease issued by

16 the Department of the Army, Department of De17 fense, or any other agency thereof, for agricultural

18 purposes upon the parcel transferred, the Secretary

19 of Agriculture, upon transfer of jurisdiction, shall

20 convert the lease to a special use authorization, the

21 terms of which shall be identical in substance to the

22 lease that existed prior to the transfer, including the

23 expiration date and any payments owed the United

24 States.
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1 (2) The Secretary of Agriculture may issue spe2 cial use authorizations to persons for use of the

3 Midewin National Tallgrass Prairie for agricultural

4 purposes. Special use authorizations issued pursuant

5 to this paragraph shall include terms and conditions

6 as the Secretary of Agriculture may deem appro7 priate.

8 (3) No agricultural special use authorization

9 shall be issued for agricultural purposes which has

10 a term extending beyond the date twenty years from

11 the date of enactment of this Act, except that noth12 ing in this Act shall preclude the Secretary of Agri13 culture from issuing agricultural special use author14 izations or grazing permits which are effective after

15 twenty years from the date of enactment of this Act

16 for purposes primarily related to erosion control,

17 provision for food and habitat for fish and wildlife,

18 or other resource management activities consistent

19 with the purposes of the Midewin National Tallgrass

20 Prairie.

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

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

23 to the State of Illinois and affected counties pursuant to

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

25 500). All such monies not distributed pursuant to such
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1 Acts shall be covered into the Treasury and shall con2 stitute a special fund, which shall be available to the Sec3 retary of Agriculture, in such amounts as are provided in

4 advance in appropriation Acts, to cover the cost to the

5 United States of such prairie-improvement work as the

6 Secretary may direct. Any portion of any deposit made

7 to the fund which the Secretary determines to be in excess

8 of the cost of doing such work shall be transferred, upon

9 such determination, to miscellaneous receipts, Forest

10 Service Fund, as a National Forest receipt of the fiscal

11 year in which such transfer is made.

12 (d) USER FEES.—The Secretary of Agriculture is au13 thorized to charge reasonable fees for the admission, occu14 pancy, and use of the Midewin National Tallgrass Prairie

15 and may prescribe a fee schedule providing for reduced

16 or a waiver of fees for persons or groups engaged in au17 thorized activities including those providing volunteer

18 services, research, or education. The Secretary shall per19 mit admission, occupancy, and use at no additional charge

20 for persons possessing a valid Golden Eagle Passport or

21 Golden Age Passport.

22 (e) 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 pursuant to this Act.
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1 (f) TREATMENT OF USER FEES AND SALVAGE RE2 CEIPTS.—Monies collected pursuant to subsections (d)

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

4 a special fund to be known as the Midewin National

5 Tallgrass Prairie Restoration Fund. Deposits in the

6 Midewin National Tallgrass Prairie Restoration Fund

7 shall be available to the Secretary of Agriculture, in such

8 amounts as are provided in advance in appropriation Acts,

9 for restoration and administration of the Midewin Na10 tional Tallgrass Prairie, including construction of a visitor

11 and education center, restoration of ecosystems, construc12 tion of recreational facilities (such as trails), construction

13 of administrative offices, and operation and maintenance

14 of the MNP.

15 SEC. 106. SPECIAL DISPOSAL RULES FOR CERTAIN ARSE16 NAL PARCELS INTENDED FOR MNP.

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

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

19 disposal pursuant to subsection (c):

20 (1) Manufacturing Area—Study Area 1—

21 Southern Ash Pile, Study Area 2—Explosive Burn22 ing Ground, Study Area 3—Flashing Grounds,

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

24 Toluene Tank Farms, Study Area 11—Landfill,

25 Study Area 12—Sellite Manufacturing Area, Study
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1 Area 14—Former Pond Area, Study Area 15—Sew2 age Treatment Plant.

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

4 Study Area L1, Explosive Burning Ground: Study

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

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

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

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

9 L10, Group 4: Study Area L14, Group 5: Study

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

11 Study Area L19, Group 27: Study Area L23, Group

12 62: Study Area L25, PVC Area: Study Area L33,

13 including all associated inventoried buildings and

14 structures as identified in the Joliet Army Ammuni15 tion Plant Plantwide Building and Structures Re16 port and the contaminate study sites for both the

17 Manufacturing and Load Assembly and Packing

18 sides of the Joliet Arsenal as delineated in the

19 Dames and Moore Final Report, Proposed Future

20 Land Use Map, dated May 30, 1995.

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

22 (a) shall not include the property at the Arsenal des23 ignated for disposal under title II.

24 (c) INITIAL OFFER TO SECRETARY OF AGRI25 CULTURE.—Within 6 months after the construction and
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1 installation of any remedial design approved by the Ad2 ministrator and required for any lands described in sub3 section (a), the Administrator shall provide to the Sec4 retary of Agriculture all existing information regarding

5 the implementation of such remedy, including information

6 regarding its effectiveness. Within 3 months after the Ad7 ministrator provides such information to the Secretary of

8 Agriculture, the Secretary of the Army shall offer the Sec9 retary of Agriculture the option of accepting a transfer

10 of the areas described in subsection (a), without reim11 bursement, to be added to the Midewin National Tallgrass

12 Prairie and subject to the terms and conditions, including

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

14 event the Secretary of Agriculture declines such offer, the

15 property may be disposed of as the Army would ordinarily

16 dispose of such property under applicable provisions of

17 law. Any sale or other transfer of property conducted pur18 suant to this subsection may be accomplished on a parcel19 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.—Subject to section 301,

8 the Secretary of the Army shall transfer, without reim9 bursement, to the Secretary of Veterans Affairs the parcel

10 of real property at the Arsenal described in subsection (b)

11 for use as a national cemetery.

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

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

14 property at the Arsenal consisting of approximately 982

15 acres, the approximate legal description of which includes

16 part of sections 30 and 31 Jackson Township, T34N

17 R10E, and part of sections 25 and 36 Channahon Town18 ship, T34N R9E, Will County, Illinois, as depicted in the

19 Arsenal Land Use Concept.

20 (c) SECURITY MEASURES.—The Secretary of Veter21 ans Affairs shall provide and maintain physical and other

22 security measures on the real property transferred under

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

24 fences and natural barriers) shall include measures to pre25 vent members of the public from gaining unauthorized ac-
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1 cess to the portion of the Arsenal that is under the admin2 istrative jurisdiction of the Secretary of Veterans Affairs

3 and that may endanger health or safety.

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

5 transfer of jurisdiction of Arsenal properties from the Sec6 retary of the Army to the Secretary of Veterans Affairs

7 shall be borne solely by the Secretary of Veterans Affairs.

8 SEC. 202. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSE9 NAL FOR A COUNTY LANDFILL.

10 (a) TRANSFER REQUIRED.—Subject to section 301,

11 the Secretary of the Army shall transfer, without com12 pensation, to Will County, Illinois, all right, title, and in13 terest of the United States in and to the parcel of real

14 property at the Arsenal described in subsection (b), which

15 shall be operated as a landfill by the County.

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 455

19 acres, the approximate legal description of which includes

20 part of sections 8 and 17, Florence Township, T33N

21 R10E, Will County, Illinois, as depicted in the Arsenal

22 Land Use Concept.

23 (c) CONDITION ON CONVEYANCE.—The conveyance

24 shall be subject to the condition that the Army (or its

25 agents or assigns) may use the landfill established on the
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1 real property transferred under subsection (a) for the dis2 posal of construction debris, refuse, and other

3 nonhazardous materials from the restoration and cleanup

4 of the Arsenal property as provided for in this Act. Such

5 use shall be at no cost to the Federal Government.

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

7 period beginning on the date the Secretary of the Army

8 makes the conveyance under subsection (a), if the Sec9 retary of the Army determines that the conveyed real

10 property is not being operated as a landfill or that Will

11 County, Illinois, is in violation of the condition specified

12 in subsection (c), then, at the option of the United States,

13 all right, title, and interest in and to the property, includ14 ing improvements thereon, shall be subject to reversion to

15 the United States. In the event the United States exercises

16 its option to cause the property to revert, the United

17 States shall have the right of immediate entry onto the

18 property. Any determination of the Secretary of the Army

19 under this subsection shall be made on the record after

20 an opportunity for a hearing.

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

22 transfer of real property under this section shall be borne

23 by Will County, Illinois.

24 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec25 retary of the Army may require such additional terms and
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1 conditions in connection with the conveyance under this

2 section as the Secretary of the Army considers appropriate

3 to protect the interests of the United States.

4 SEC. 203. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSE5 NAL FOR ECONOMIC DEVELOPMENT.

6 (a) TRANSFER REQUIRED.—Subject to section 301,

7 the Secretary of the Army shall transfer to the State of

8 Illinois, all right, title, and interest of the United States

9 in and to the parcel of real property at the Arsenal de10 scribed in subsection (b), which shall be used for economic

11 redevelopment to replace all or a part of the economic ac12 tivity lost at the Arsenal.

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

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

15 property at the Arsenal consisting of—

16 (1) approximately 1,900 acres, the approximate

17 legal description of which includes part of section

18 30, Jackson Township, Township 34 North, Range

19 10 East, and sections or parts of sections 24, 25,

20 26, 35, and 36, Township 34 North, Range 9 East,

21 in Channahon Township, an area of 9.77 acres

22 around the Des Plaines River Pump Station located

23 in the southeast quarter of section 15, Township 34

24 North, Range 9 East of the Third Principal Merid25 ian, in Channahon Township, and an area of 511’
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1 x 596’ around the Kankakee River Pump Station in

2 the Northwest Quarter of section 5, Township 33

3 North, Range 9 East, east of the Third Principal

4 Meridian in Wilmington Township, containing 6.99

5 acres, located along the easterly side of the Kan6 kakee Cut-Off in Will County, Illinois, as depicted in

7 the Arsenal Re-Use Concept, and the connecting pip8 ing to the northern industrial site, as described by

9 the United States Army Report of Availability, dated

10 13 December 1993; and

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

12 legal description of which includes part of sections

13 16, 17, 18 Florence Township, Township 33 North,

14 Range 10 East, Will County, Illinois, as depicted in

15 the Arsenal Land Use Concept.

16 (c) CONSIDERATION.—The conveyance under sub17 section (a) shall be made without consideration. However,

18 the conveyance shall be subject to the condition that, if

19 the State of Illinois reconveys all or any part of the con20 veyed property to a non-Federal entity, the State shall pay

21 to the United States an amount equal to the fair market

22 value of the reconveyed property. The Secretary of the

23 Army shall determine the fair market value of any prop24 erty reconveyed by the State as of the time of the

25 reconveyance, excluding the value of improvements made
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1 to the property by the State. The Secretary may treat a

2 lease of the property as a reconveyance if the Secretary

3 determines that the lease was used in an effort to avoid

4 operation of this subsection. Amounts received under this

5 subsection shall be deposited in the general fund of the

6 Treasury for purposes of deficit reduction.

7 (d) OTHER CONDITIONS OF CONVEYANCE.—

8 (1) REDEVELOPMENT AUTHORITY.—The con9 veyance under subsection (a) shall be subject to the

10 further condition that the Governor of the State of

11 Illinois establish a redevelopment authority to be re12 sponsible for overseeing the economic redevelopment

13 of the conveyed land.

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

15 condition specified in paragraph (1), the redevelop16 ment authority shall be established within one year

17 after the date of the enactment of this Act.

18 (e) REVERSIONARY INTEREST.—During the 20-year

19 period beginning on the date the Secretary of the Army

20 makes the conveyance under subsection (a), if the Sec21 retary determines that a condition specified in subsection

22 (c) or (d) is not being satisfied or that the conveyed land

23 is not being used for economic development purposes,

24 then, at the option of the United States, all right, title,

25 and interest in and to the property, including improve-
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1 ments thereon, shall be subject to reversion to the United

2 States. In the event the United States exercises its option

3 to cause the property to revert, the United States shall

4 have the right of immediate entry onto the property. Any

5 determination of the Secretary under this subsection shall

6 be made on the record after an opportunity for a hearing.

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

8 transfer of real property under this section shall be borne

9 by the State of Illinois.

10 (g) ADDITIONAL TERMS AND CONDITIONS.—The

11 Secretary of the Army may require such additional terms

12 and conditions in connection with the conveyance under

13 this section as the Secretary considers appropriate to pro14 tect the interests of the United States.

15 TITLE III—MISCELLANEOUS

16 PROVISIONS

17 SEC. 301. DEGREE OF ENVIRONMENTAL CLEANUP.

18 (a) IN GENERAL.—Nothing in this Act shall be con19 strued to restrict or lessen the degree of cleanup at the

20 Arsenal required to be carried out under provisions of any

21 environmental law.

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

23 Midewin National Tallgrass Prairie under title I and the

24 additional real property disposals required under title II

25 shall not restrict or lessen in any way any response action
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1 or degree of cleanup under CERCLA or other environ2 mental law, or any response action required under any en3 vironmental law to remediate petroleum products or their

4 derivatives (including motor oil and aviation fuel), re5 quired to be carried out under the authority of the Sec6 retary of the Army at the Arsenal and surrounding areas,

7 except to the extent otherwise allowable under such laws.

8 (c) ENVIRONMENTAL QUALITY OF PROPERTY.—Any

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

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

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

12 other environmental laws.

Passed the House of Representatives July 31, 1995.

Attest:

Clerk.