108TH CONGRESS

2D SESSION S. 1814

AN ACT

To transfer Federal lands between the Secretary of

Agriculture and the Secretary of the Interior.

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

2

S 1814 ES

1 SECTION 1. PURPOSES AND DEFINITIONS.

2 (a) PURPOSES.—The purposes of this Act are—

3 (1) to transfer administrative jurisdiction of

4 certain Federal lands in Missouri from the Secretary

5 of the Interior to the Secretary of Agriculture for

6 continued Federal operation of the Mingo Job Corps

7 Civilian Conservation Center; and

8 (2) to not change the Secretary of Labor’s role

9 or authority regarding this Job Corps Center.

10 (b) DEFINITIONS.—For the purposes of this Act—

11 (1) ‘‘Center’’ means the Mingo Job Corps Civil12 ian Conservation Center in Stoddard County, Mis13 souri, referenced in section 2(a) of this Act;

14 (2) ‘‘eligible employee’’ means a person who, as

15 of the date of enactment of this Act, is a full-time,

16 part-time, or intermittent annual or per hour perma17 nent Federal Government employee of the Fish and

18 Wildlife Service at the Mingo Job Corps Civilian

19 Conservation Center, including the two fully funded

20 Washington Office Job Corps support staff;

21 (3) ‘‘Environmental Authorities’’ mean all ap22 plicable Federal, State and local laws (including reg23 ulations) and requirements related to protection of

24 human health, natural resources, or the environ25 ment, including but not limited to: the Comprehen26 sive Environmental Response, Compensation and Li-
†

3

S 1814 ES

1 ability Act of 1980 (42 U.S.C. 9601, et seq.); the

2 Solid Waste Disposal Act (42 U.S.C. 6901, et seq.);

3 the Federal Water Pollution Control Act (33 U.S.C.

4 1251, et seq.); the Clean Air Act (42 U.S.C. 7401,

5 et seq.); the Federal Insecticide, Fungicide, and

6 Rodenticide Act (7 U.S.C. 136, et seq.); the Toxic

7 Substances Control Act (15 U.S.C. 2601, et seq.);

8 the Safe Drinking Water Act (42 U.S.C. 300f, et

9 seq.); and the National Environmental Policy Act of

10 1969 (42 U.S.C. 4321, et seq.);

11 (4) ‘‘U.S. Fish and Wildlife Service’’ means the

12 United States Fish and Wildlife Service as ref13 erenced at title 16, United States Code, section

14 742b(b);

15 (5) ‘‘Forest Service’’ means the Department of

16 Agriculture Forest Service as established by the Sec17 retary of Agriculture pursuant to the authority of

18 title 16, United States Code, section 551;

19 (6) ‘‘Job Corps’’ means the national Job Corps

20 program established within the Department of

21 Labor, as set forth in the Workforce Investment Act

22 of 1998, Public Law No. 105–220, §§ 141–161, 112

23 Stat. 1006–1021 (1998) (codified at 29 U.S.C.

24 2881–2901);
†

4

S 1814 ES

1 (7) ‘‘National Forest System’’ means that term

2 as defined at title 16, United States Code, section

3 1609(a); and

4 (8) ‘‘National Wildlife Refuge System’’ means

5 that term as defined at title 16, United States Code,

6 section 668dd.

7 SEC. 2. TRANSFER OF ADMINISTRATION.

8 (a) TRANSFER OF CENTER.—Administrative jurisdic9 tion over the Mingo Job Corps Civilian Conservation Cen10 ter, comprising approximately 87 acres in Stoddard Coun11 ty, Missouri, as generally depicted on a map entitled

12 ‘‘Mingo National Wildlife Refuge’’, dated September 17,

13 2002, to be precisely identified in accordance with sub14 section (c) of this section, is hereby transferred, without

15 consideration, from the Secretary of the Interior to the

16 Secretary of Agriculture.

17 (b) MAPS AND LEGAL DESCRIPTIONS.—

18 (1) The map referenced in this section shall be

19 on file and available for public inspection in the Of20 fice of the Chief, Forest Service, Washington, DC,

21 and in the office of the Chief of Realty, U.S. Fish

22 and Wildlife Service, Arlington, Virginia.

23 (2) Not later than 180 days after the date of

24 enactment of this Act, the Secretary of the Interior,

25 in consultation with the Secretary of Agriculture,
†

5

S 1814 ES

1 shall file a legal description and map of all of the

2 lands comprising the Center and being transferred

3 by section 2(a) of this Act with the Committee on

4 Resources of the United States House of Represent5 atives and the Committee on Environment and Pub6 lic Works of the United States Senate, and such de7 scription and map shall have the same force and ef8 fect as if included in this Act, except that the Sec9 retary of the Interior may make typographical cor10 rections as necessary.

11 (c) APPLICABLE LAWS.—

12 (1) Subject to section 3, the Center transferred

13 pursuant to subsection (a) shall be administered by

14 the Secretary of Agriculture and shall be subject to

15 the laws and regulations applicable to the National

16 Forest System.

17 (2) This transfer shall not conflict or interfere

18 with any laws and regulations applicable to Job

19 Corps.

20 SEC. 3. IMPLEMENTATION OF TRANSFER.

21 (a) REVERSION REQUIREMENT.—

22 (1) In the event that the Center is no longer

23 used or administered for Job Corps purposes, as

24 concurred to by the Secretary of Labor, the Sec25 retary of Agriculture shall so notify the Secretary of
†

6

S 1814 ES

1 the Interior, and the Secretary of the Interior shall

2 have 180 days from the date of such notice to exer3 cise discretion to reassume jurisdiction over such

4 lands.

5 (2) The reversionary provisions of subsection

6 (a) shall be effected, without further action by the

7 Congress, through a Letter of Transfer executed by

8 the Chief, Forest Service, and the Director, United

9 States Fish and Wildlife Service, and with notice

10 thereof published in the Federal Register within 60

11 days of the date of the Letter of Transfer.

12 (b) AUTHORIZATIONS.—

13 (1) IN GENERAL.—A permit or other authoriza14 tion granted by the U.S. Fish and Wildlife Service

15 on the Center that is in effect on the date of enact16 ment of this Act will continue with the concurrence

17 of the Forest Service.

18 (2) REISSUANCE.—A permit or authorization

19 described in paragraph (1) may be reissued or termi20 nated under terms and conditions prescribed by the

21 Forest Service.

22 (3) EXERCISE OF RIGHTS.—The Forest Service

23 may exercise any of the rights of the U.S. Fish and

24 Wildlife Service contained in any permit or other au-
†

7

S 1814 ES

1 thorization, including any right to amend, modify,

2 and revoke the permit or authorization.

3 (c) CONTRACTS.—

4 (1) EXISTING CONTRACTS.—The Forest Service

5 is authorized to undertake all rights and obligations

6 of the U.S. Fish and Wildlife Service under con7 tracts entered into by the U.S. Fish and Wildlife

8 Service on the Center that is in effect on the date

9 of enactment of this Act.

10 (2) NOTICE OF NOVATION.—The Forest Service

11 shall promptly notify all contractors that it is as12 suming the obligations of the U.S. Fish and Wildlife

13 Service under such contracts.

14 (3) DISPUTES.—Any contract disputes under

15 the Contracts Disputes Act (41 U.S.C. 601, et seq.)

16 regarding the administration of the Center and aris17 ing prior to the date of enactment of this Act shall

18 be the responsibility of the U.S. Fish and Wildlife

19 Service.

20 (d) MEMORANDUM OF AGREEMENT.—

21 (1) IN GENERAL.—The Chief, Forest Service,

22 and the Director, U.S. Fish and Wildlife Service, are

23 authorized to enter into a memorandum of agree24 ment concerning implementation of this Act, includ25 ing procedures for—
†

8

S 1814 ES

1 (A) the orderly transfer of employees of

2 the U.S. Fish and Wildlife Service to the Forest

3 Service;

4 (B) the transfer of property, fixtures, and

5 facilities;

6 (C) the transfer of records;

7 (D) the maintenance and use of roads and

8 trails; and

9 (E) other transfer issues.

10 (e) AGREEMENTS WITH THE SECRETARY OF

11 LABOR.—In the operation of the Center, the Forest Serv12 ice will undertake the rights and obligations of the U.S.

13 Fish and Wildlife Service with respect to existing agree14 ments with the Secretary of Labor pursuant to Public Law

15 105–220 (29 U.S.C. 2887, et seq.), and the Forest Service

16 will be the responsible agency for any subsequent agree17 ments or amendments to existing agreements.

18 (f) RECORDS.—

19 (1) AREA MANAGEMENT RECORDS.—The Forest

20 Service shall have access to all records of the U.S.

21 Fish and Wildlife Service pertaining to the manage22 ment of the Center.

23 (2) PERSONNEL RECORDS.—The personnel

24 records of eligible employees transferred pursuant to

25 this Act, including the Official Personnel Folder,
†

9

S 1814 ES

1 Employee Performance File, and other related files,

2 shall be transferred to the Forest Service.

3 (3) LAND TITLE RECORDS.—The U.S. Fish and

4 Wildlife Service shall provide to the Forest Service

5 records pertaining to land titles, surveys, and other

6 records pertaining to transferred real property and

7 facilities.

8 (g) TRANSFER OF PERSONAL PROPERTY.—

9 (1) IN GENERAL.—All federally owned personal

10 property present at the Center is hereby transferred

11 without consideration to the jurisdiction of the For12 est Service, except that with regard to personal

13 property acquired by the Fish and Wildlife Service

14 using funds provided by the Department of Labor

15 under the Job Corps program, the Forest Service

16 shall dispose of any such property in accordance

17 with the procedures stated in section 7(e) of the

18 1989 Interagency Agreement for Administration of

19 Job Corps Civilian Conservation Center Program, as

20 amended, between the Department of Labor and the

21 Department of the Interior.

22 (2) INVENTORY.—Not later than 60 days after

23 the date of enactment of this Act, the U.S. Fish and

24 Wildlife Service shall provide the Forest Service with
†

10

S 1814 ES

1 an inventory of all property and facilities at the Cen2 ter.

3 (3) PROPERTY INCLUDED.—Property under

4 this subsection includes, but is not limited to, build5 ings, office furniture and supplies, computers, office

6 equipment, vehicles, tools, equipment, maintenance

7 supplies, and publications.

8 (4) EXCLUSION OF PROPERTY.—At the request

9 of the authorized representative of the U.S. Fish

10 and Wildlife Service, the Forest Service may exclude

11 movable property from transfer based on a showing

12 by the U.S. Fish and Wildlife Service that the prop13 erty is needed for the mission of the U.S. Fish and

14 Wildlife Service, cannot be replaced in a cost-effec15 tive manner, and is not needed for management of

16 the Center.

17 SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORI18 TIES.

19 (a) DOCUMENTATION OF EXISTING CONDITIONS.—

20 (1) IN GENERAL.—Within 60 days after the

21 date of enactment of this Act, the U.S. Fish and

22 Wildlife Service shall provide the Forest Service and

23 the Office of Job Corps, Employment and Training

24 Administration, Department of Labor, all reasonably

25 ascertainable documentation and information that
†

11

S 1814 ES

1 exists on the environmental condition of the land

2 comprising the Center.

3 (2) ADDITIONAL DOCUMENTATION.—The U.S.

4 Fish and Wildlife Service shall provide the Forest

5 Service and the Office of Job Corps, Employment

6 and Training Administration, Department of Labor,

7 with any additional documentation and information

8 regarding the environmental condition of the Center

9 as such documentation and information becomes

10 available.

11 (b) ACTIONS REQUIRED.—

12 (1) ASSESSMENT.—Within 120 days after the

13 date of enactment of this Act, the U.S. Fish and

14 Wildlife Service shall provide the Forest Service and

15 the Office of Job Corps, Employment and Training

16 Administration, Department of Labor, an assess17 ment, consistent with ASTM Standard E1527, indi18 cating what action, if any, is required on the Center

19 under any Environmental Authorities.

20 (2) MEMORANDUM OF AGREEMENT.—If the

21 findings of the environmental assessment indicate

22 that action is required under applicable Environ23 mental Authorities with respect to any portion of the

24 Center, the Forest Service and the U.S. Fish and
†

12

S 1814 ES

1 Wildlife Service shall enter into a memorandum of

2 agreement that—

3 (A) provides for the performance by the

4 U.S. Fish and Wildlife Service of the required

5 actions identified in the environmental assess6 ment; and

7 (B) includes a schedule for the timely com8 pletion of the required actions to be taken as

9 agreed to by U.S. Fish and Wildlife Service and

10 Forest Service.

11 (c) DOCUMENTATION OF ACTIONS.—After a mutually

12 agreeable amount of time following completion of the envi13 ronmental assessment, but not exceeding 180 days from

14 such completion, the U.S. Fish and Wildlife Service shall

15 provide the Forest Service and the Office of Job Corps,

16 Employment and Training Administration, Department of

17 Labor, with documentation demonstrating that all actions

18 required under applicable Environmental Authorities have

19 been taken that are necessary to protect human health and

20 the environment with respect to any hazardous substance,

21 pollutant, contaminant, hazardous waste, hazardous mate22 rial, or petroleum product or derivative of a petroleum

23 product on the Center.

24 (d) CONTINUATION OF RESPONSIBILITIES AND LI25 ABILITIES.—
†

13

S 1814 ES

1 (1) IN GENERAL.—The transfer of the Center

2 and the requirements of this section shall not in any

3 way affect the responsibilities and liabilities of the

4 U.S. Fish and Wildlife Service at the Center under

5 any applicable Environmental Authorities.

6 (2) ACCESS.—At all times after the date of en7 actment of this Act, the U.S. Fish and Wildlife

8 Service and its agents shall be accorded any access

9 to the Center that may be reasonably required to

10 carry out the responsibility or satisfy the liability re11 ferred to in paragraph (1).

12 (3) NO LIABILITY.—The Forest Service shall

13 not be liable under any applicable Environmental

14 Authorities for matters that are related directly or

15 indirectly to activities of the U.S. Fish and Wildlife

16 Service or the Department of Labor on the Center

17 occurring on or before the date of enactment of this

18 Act, including liability for—

19 (A) costs or performance of response ac20 tions required under the Comprehensive Envi21 ronmental Response, Compensation, and Liabil22 ity Act of 1980 (42 U.S.C. 9601, et seq.) at or

23 related to the Center; or

24 (B) costs, penalties, fines, or performance

25 of actions related to noncompliance with appli-
†

14

S 1814 ES

1 cable Environmental Authorities at or related to

2 the Center or related to the presence, release,

3 or threat of release of any hazardous substance,

4 pollutant, or contaminant, hazardous waste,

5 hazardous material, or petroleum product or de6 rivative of a petroleum product of any kind at

7 or related to the Center, including contamina8 tion resulting from migration.

9 (4) NO EFFECT ON RESPONSIBILITIES OR LI10 ABILITIES.—Except as provided in paragraph (3),

11 nothing in this title affects, modifies, amends, re12 peals, alters, limits or otherwise changes, directly or

13 indirectly, the responsibilities or liabilities under ap14 plicable Environmental Authorities with respect to

15 the Forest Service after the date of enactment of

16 this Act.

17 (e) OTHER FEDERAL AGENCIES.—Subject to the

18 other provisions of this section, a Federal agency that car19 ried or carries out operations at the Center resulting in

20 the violation of an environmental authority shall be re21 sponsible for all costs associated with corrective actions

22 and subsequent remediation.

23 SEC. 5. PERSONNEL.

24 (a) IN GENERAL.—
†

15

S 1814 ES

1 (1) EMPLOYMENT.—Notwithstanding section

2 3503 of title 5, United States Code, the Forest Serv3 ice will accept the transfer of eligible employees at

4 their current pay and grade levels to administer the

5 Center as of the date of enactment of this Act.

6 (b) TRANSFER-APPOINTMENT IN THE FOREST SERV7 ICE.—Eligible employees will transfer, without a break in

8 Federal service and without competition, from the Depart9 ment of the Interior, U.S. Fish and Wildlife Service, to

10 the Department of Agriculture, Forest Service, upon an

11 agreed date by both agencies.

12 (c) EMPLOYEE BENEFIT TRANSITION.—Employees

13 of the U.S. Fish and Wildlife Service who transfer to the

14 Forest Service—

15 (1) shall retain all benefits and/or eligibility for

16 benefits of Federal employment without interruption

17 in coverage or reduction in coverage, including those

18 pertaining to any retirement, Thrift Savings Plan

19 (TSP), Federal Employee Health Benefit (FEHB),

20 Federal Employee Group Life Insurance (FEGLI),

21 leave, or other employee benefits;

22 (2) shall retain their existing status with re23 spect to the Civil Service Retirement System

24 (CSRS) or the Federal Employees Retirement Sys25 tem (FERS);
†

16

S 1814 ES

1 (3) shall be entitled to carry over any leave time

2 accumulated during their Federal Government em3 ployment;

4 (4) shall retain their existing level of competi5 tive employment status and tenure; and

6 (5) shall retain their existing GM, GS, or WG

7 grade level and pay.

8 SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS.

9 (a) The U.S. Fish and Wildlife Service and the For10 est Service will cover their own costs in implementing this

11 Act.

12 (b) There is hereby authorized to be appropriated

13 such sums as may be necessary to carry out this Act.

Passed the Senate April 20, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 1814

AN ACT

To transfer Federal lands between the Secretary of

Agriculture and the Secretary of the Interior.