H. R. 1530—419
includes CERCLA, the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.), the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 et
seq.), the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.), the Toxic Substances Control Act (15
U.S.C. 2601 et seq.), and the Safe Drinking Water Act (42
U.S.C. 300f et seq.).
(7) HAZARDOUS
SUBSTANCE.—The term ‘‘hazardous sub-
stance’’ has the meaning given such term by section 101(14)
of CERCLA (42 U.S.C. 9601(14)).
(8) MNP.—The term ‘‘MNP’’ means the Midewin National
Tallgrass Prairie established pursuant to section 2914 and man-
aged as a part of the National Forest System.
(9) PERSON.—The term ‘‘person’’ has the meaning given
such term by section 101(21) of CERCLA (42 U.S.C. 9601(21)).
(10) POLLUTANT
OR
CONTAMINANT.—The term ‘‘pollutant
or contaminant’’ has the meaning given such term by section
101(33) of CERCLA (42 U.S.C. 9601(33)).
(11) RELEASE.—The term ‘‘release’’ has the meaning given
such term by section 101(22) of CERCLA (42 U.S.C. 9601(22)).
(12) RESPONSE ACTION.—The term ‘‘response action’’ has
the meaning given the term ‘‘response’’ by section 101(25) of
CERCLA (42 U.S.C. 9601(25)).
Subtitle A—Conversion of Joliet Army Am-
munition Plant to Midewin National
Tallgrass Prairie
SEC. 2911. PRINCIPLES OF TRANSFER.
(a) LAND USE PLAN.—The Congress ratifies in principle the
proposals generally identified by the land use plan which was
developed by the Joliet Arsenal Citizen Planning Commission and
unanimously approved on May 30, 1995.
(b) TRANSFER WITHOUT REIMBURSEMENT.—The area constitut-
ing the Midewin National Tallgrass Prairie shall be transferred,
without reimbursement, to the Secretary of Agriculture.
(c) MANAGEMENT OF MNP.—Management by the Secretary of
Agriculture of those portions of the Arsenal transferred to the
Secretary under this title shall be in accordance with sections
2914 and 2915 regarding the Midewin National Tallgrass Prairie.
(d) SECURITY MEASURES.—The Secretary of the Army and the
Secretary of Agriculture shall each provide and maintain physical
and other security measures on such portion of the Arsenal as
is under the administrative jurisdiction of such Secretary, unless
the Secretary of the Army and the Secretary of Agriculture agree
otherwise. Such security measures (which may include fences and
natural barriers) shall include measures to prevent members of
the public from gaining unauthorized access to such portions of
the Arsenal as are under the administrative jurisdiction of such
Secretary and that may endanger health or safety.
(e) COOPERATIVE AGREEMENTS.—The Secretary of the Army,
the Secretary of Agriculture, and the Administrator are individually
and collectively authorized to enter into cooperative agreements
and memoranda of understanding among each other and with other
affected Federal agencies, State and local governments, private
H. R. 1530—420
organizations, and corporations to carry out the purposes for which
the Midewin National Tallgrass Prairie is established.
(f) INTERIM ACTIVITIES OF THE SECRETARY OF AGRICULTURE.—
Prior to transfer and subject to such reasonable terms and condi-
tions as the Secretary of the Army may prescribe, the Secretary
of Agriculture may enter upon the Arsenal property for purposes
related to planning, resource inventory, fish and wildlife habitat
manipulation (which may include prescribed burning), and other
such activities consistent with the purposes for which the Midewin
National Tallgrass Prairie is established.
SEC. 2912. TRANSFER 
OF 
MANAGEMENT 
RESPONSIBILITIES 
AND
JURISDICTION OVER ARSENAL.
(a) GENERAL RULE FOR TRANSFER OF JURISDICTION.—
(1) TRANSFER REQUIRED SUBJECT TO RESPONSE ACTIONS.—
Subject to subsection (d), not later than 270 days after the
date of the enactment of this title, the Secretary of the Army
shall transfer, without reimbursement, to the Secretary of Agri-
culture those portions of the Arsenal that—
(A) are identified on the map described in subsection
(e)(1) as appropriate for transfer under this subsection
to the Secretary of Agriculture; and
(B) the Secretary of the Army and the Administrator
concur in finding that all response actions have been taken
under CERCLA necessary to protect human health and
the environment with respect to any hazardous substance
remaining on the property.
(2) EFFECT
OF
LESS
THAN
COMPLETE
TRANSFER.—If the
concurrence requirement in paragraph (1)(B) results in the
transfer, within such 270-day period, of less than all of the
Arsenal property covered by paragraph (1)(A), the Secretary
of the Army and the Secretary of Agriculture shall enter into
a memorandum of understanding providing for the performance
by the Secretary of the Army of the additional response actions
necessary to allow fulfillment of the concurrence requirement
with respect to such Arsenal property. The memorandum of
understanding shall be entered into within 60 days of the
end of such 270-day period and shall include a schedule for
the completion of the additional response actions as soon as
practicable. Subject to subsection (d), the Secretary of the Army
shall transfer Arsenal property covered by this paragraph to
the Secretary of Agriculture as soon as possible after the Sec-
retary of the Army and the Administrator concur that all addi-
tional response actions have been taken under CERCLA nec-
essary to protect human health and the environment with
respect to any hazardous substance remaining on the property.
The Secretary of the Army may make transfers under this
paragraph on a parcel-by-parcel basis.
(3) RULE OF CONSTRUCTION REGARDING CONCURRENCES.—
For the purpose of reaching the concurrences required by this
subsection and subsection (b), if a response action requires
construction and installation of an approved remedial design,
the response action shall be considered to have been taken
when the construction and installation of the approved remedial
design is completed and the remedy is demonstrated to the
satisfaction of the Administrator to be operating properly and
successfully.
H. R. 1530—421
(b) SPECIAL TRANSFER REQUIREMENTS FOR CERTAIN PARCELS.—
Subject to subsection (d), the Secretary of the Army shall transfer,
without reimbursement, to the Secretary of Agriculture the Arsenal
property known as LAP Area Sites L2, L3, and L5 and Manufactur-
ing Area Site 1. The transfer shall occur as soon as possible after
the Secretary of the Army and the Administrator concur that all
response actions have been taken under CERCLA necessary to
protect human health and the environment with respect to any
hazardous substance remaining on the property. The Secretary
of the Army may make transfers under this subsection on a parcel-
by-parcel basis.
(c) DOCUMENTATION OF ENVIRONMENTAL CONDITION OF PAR-
CELS; ASSESSMENT OF REQUIRED ACTIONS UNDER OTHER ENVIRON-
MENTAL LAWS.—
(1) DOCUMENTATION.—The Secretary of the Army and the
Administrator shall provide to the Secretary of Agriculture
all documentation and information that exists on the date the
documentation and information is provided relating to the
environmental condition of the Arsenal property proposed for
transfer under subsection (a) or (b), including documentation
that supports the finding that all response actions have been
taken under CERCLA necessary to protect human health and
the environment with respect to any hazardous substance
remaining on the property.
(2) ASSESSMENT.—The Secretary of the Army shall provide
to the Secretary of Agriculture an assessment, based on
information in existence at the time the assessment is provided,
indicating what further action, if any, is required under any
environmental law (other than CERCLA) on the Arsenal prop-
erty proposed for transfer under subsection (a) or (b).
(3) TIME FOR SUBMISSION OF DOCUMENTATION AND ASSESS-
MENT.—The documentation and assessments required to be
submitted to the Secretary of Agriculture under this subsection
shall be submitted—
(A) in the case of the transfers required by subsection
(a), not later than 210 days after the date of the enactment
of this title; and
(B) in the case of the transfers required by subsection
(b), not later than 60 days before the earliest date on
which the property could be transferred.
(4) SUBMISSION
OF
ADDITIONAL
INFORMATION.—The Sec-
retary of the Army and the Administrator shall have a continu-
ing obligation to provide to the Secretary of Agriculture any
additional information regarding the environmental condition
of property to be transferred under subsection (a) or (b) as
such information becomes available.
(d) EFFECT OF ENVIRONMENTAL ASSESSMENT.—
(1) AUTHORITY OF SECRETARY OF AGRICULTURE TO DECLINE
IMMEDIATE TRANSFER.—If a parcel of Arsenal property to be
transferred under subsection (a) or (b) includes property for
which the assessment under subsection (c)(2) concludes further
action is required under any environmental law (other than
CERCLA), the Secretary of Agriculture may decline immediate
transfer of the parcel. With respect to such a parcel, the Sec-
retary of the Army and the Secretary of Agriculture shall
enter into a memorandum of understanding providing for the
performance by the Secretary of the Army of the required
H. R. 1530—422
actions identified in the Army assessment. The memorandum
of understanding shall be entered into within 90 days after
the date on which the Secretary of Agriculture declines imme-
diate transfer of the parcel and shall include a schedule for
the completion of the required actions as soon as practicable.
(2) EVENTUAL TRANSFER.—In the case of a parcel of Arsenal
property that the Secretary of Agriculture declines immediate
transfer under paragraph (1), the Secretary may accept transfer
of the parcel at any time after the original finding with respect
to the parcel that all response actions have been taken under
CERCLA necessary to protect human health and the environ-
ment with respect to any hazardous substance remaining on
the property. The Secretary of Agriculture shall accept transfer
of the parcel as soon as possible after the date on which
all required further actions identified in the assessment have
been taken and the terms of any memorandum of understand-
ing have been satisfied.
(e) IDENTIFICATION OF ARSENAL PROPERTY FOR TRANSFER.—
(1) MAP OF PROPOSED TRANSFERS.—The lands subject to
transfer to the Secretary of Agriculture under subsections (a)
and (b) and section 2916 are depicted on the map dated Septem-
ber 22, 1995, which is on file and available for public inspection
at the Office of the Chief of the Forest Service and the Office
of the Assistant Secretary of the Army for Installations, Logis-
tics and the Environment.
(2) METHOD OF EFFECTING TRANSFER.—The Secretary of
the Army shall effect the transfer of jurisdiction of Arsenal
property under subsections (a) and (b) and section 2916 by
publication of notices in the Federal Register. The Secretary
of Agriculture shall give prior concurrence to the publication
of such notices. Each notice published in the Federal Register
shall refer to the parcel being transferred by legal description,
references to maps or surveys, or other forms of description
mutually acceptable to the Secretary of the Army and the
Secretary of Agriculture. The Secretary of the Army shall pro-
vide, without reimbursement, to the Secretary of Agriculture
copies of all surveys and land title information on lands trans-
ferred under this section or section 2916.
(f) SURVEYS.—All costs of necessary surveys for the transfer
of jurisdiction of Arsenal property from the Secretary of the Army
to the Secretary of Agriculture shall be borne by the Secretary
of Agriculture.
SEC. 2913. RESPONSIBILITY AND LIABILITY.
(a) CONTINUED LIABILITY OF SECRETARY OF THE ARMY.—The
transfers of Arsenal property under sections 2912 and 2916, and
the requirements of such sections, shall not in any way affect
the responsibilities and liabilities of the Secretary of the Army
specified in this section. The Secretary of the Army shall retain
any obligation or other liability at the Arsenal that the Secretary
of the Army has under CERCLA or other environmental laws.
Following transfer of a portion of the Arsenal under this subtitle,
the Secretary of the Army shall be accorded any easement or
access to the property that may be reasonably required by the
Secretary to carry out the obligation or satisfy the liability.
(b) SPECIAL PROTECTIONS FOR SECRETARY OF AGRICULTURE.—
The Secretary of Agriculture shall not be liable under any environ-