IB 

Union Calendar No. 439 

108TH CONGRESS 

2D SESSION S. 1814 

[Report No. 108–716, Part 1] 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2004 

Referred to the Committee on Resources, and in addition to the Committees 

on Agriculture, and Education and the Workforce, 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 

OCTOBER 4, 2004 

Reported by the Committee on Resources 

OCTOBER 4, 2004 

Referral to the Committees on Agriculture and Education and the Workforce 

extended for a period ending not later than October 4, 2004 

OCTOBER 4, 2004 

The Committees on Agriculture and Education and the Workforce discharged; 

committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

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, 
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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-
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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); 
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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, 
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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 
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1 the Interior, and the Secretary of the Interior shall 

2 have 180 days from the date of such notice to exercise 

3 discretion to reassume jurisdiction over such lands. 

4 (2) The reversionary provisions of subsection 

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

6 Congress, through a Letter of Transfer executed by 

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

8 States Fish and Wildlife Service, and with notice 

9 thereof published in the Federal Register within 60 

10 days of the date of the Letter of Transfer. 

11 (b) AUTHORIZATIONS.— 

12 (1) IN GENERAL.—A permit or other authoriza13 tion granted by the U.S. Fish and Wildlife Service 

14 on the Center that is in effect on the date of enact15 ment of this Act will continue with the concurrence 

16 of the Forest Service. 

17 (2) REISSUANCE.—A permit or authorization 

18 described in paragraph (1) may be reissued or termi19 nated under terms and conditions prescribed by the 

20 Forest Service. 

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

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

23 Wildlife Service contained in any permit or other au24 thorization, including any right to amend, modify, 

25 and revoke the permit or authorization. 
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1 (c) CONTRACTS.— 

2 (1) EXISTING CONTRACTS.—The Forest Service 

3 is authorized to undertake all rights and obligations 

4 of the U.S. Fish and Wildlife Service under con5 tracts entered into by the U.S. Fish and Wildlife 

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

7 of enactment of this Act. 

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

9 shall promptly notify all contractors that it is as10 suming the obligations of the U.S. Fish and Wildlife 

11 Service under such contracts. 

12 (3) DISPUTES.—Any contract disputes under 

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

14 regarding the administration of the Center and aris15 ing prior to the date of enactment of this Act shall 

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

17 Service. 

18 (d) MEMORANDUM OF AGREEMENT.— 

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

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

21 authorized to enter into a memorandum of agree22 ment concerning implementation of this Act, includ23 ing procedures for— 
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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, 
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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 
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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 
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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 
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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.— 
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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-
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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.— 
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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); 
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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. 

Union Calendar No. 439 

108TH CONGRESS 

2D SESSION S. 1814 

[Report No. 108–716, Part 1] 

AN ACT 

To transfer Federal lands between the Secretary of 

Agriculture and the Secretary of the Interior. 

OCTOBER 4, 2004 

Reported by the Committee on Resources 

OCTOBER 4, 2004 

Referral to the Committees on Agriculture and Education 

later than October 4, 2004 and the Workforce extended for a period ending not 

OCTOBER 4, 2004 

The Committees on Agriculture and Education and the 

dered to be printed the Whole House on the State of the Union and orWorkforce discharged; committed to the Committee of