IIA
103D CONGRESS
2D SESSION
H. R. 4946
IN THE SENATE OF THE UNITED STATES
OCTOBER 7 (legislative day, SEPTEMBER 12), 1994
Received
OCTOBER 8 (legislative day, SEPTEMBER 12), 1994
Read twice and referred to the Committee on Armed Services
AN ACT
To establish the Midewin National Tallgrass Prairie in the
State of Illinois, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Illinois Land Conservation Act of 1994’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
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.).
(6) The term ‘‘hazardous substance’’ has the
meaning given such term by section 101(14) of
CERCLA (42 U.S.C. 9601(14)).
(7) The abbreviation ‘‘MNP’’ means the
Midewin National Tallgrass Prairie established pur-
suant to section 5 and managed as a part of the Na-
tional Forest System.
(8) The term ‘‘national cemetery’’ means a
cemetery established and operated as part of the Na-
tional Cemetery System of the Department of Veter-
ans Affairs and subject to the provisions of chapter
24 of title 38, United States Code.
(9) The term ‘‘person’’ has the meaning given
such term by section 101(21) of CERCLA (42
U.S.C. 9601(21)).
(10) The term ‘‘pollutant or contaminant’’ has
the meaning given such term by section 101(33) of
CERCLA (42 U.S.C. 9601(33)).
(11) The term ‘‘release’’ has the meaning given
such term by section 101(22) of CERCLA (42
U.S.C. 9601(22))
(12) The term ‘‘response action’’ has the mean-
ing given such term by section 101(25) of CERCLA
(42 U.S.C. 9601(25)).
SEC. 3. TRANSFER OF MANAGEMENT RESPONSIBILITIES
AND JURISDICTION OVER THE ARSENAL.
(a) PRINCIPLES OF TRANSFER.—
(1) LAND USE PLAN.—The Congress ratifies in
principle the proposals generally identified by the
land use plan which was developed by the Joliet Ar-
senal Citizen Planning Commission and unanimously
approved on April 8, 1994.
(2) TRANSFER
WITHOUT
REIMBURSEMENT.—
The area constituting the MNP shall be transferred,
without reimbursement, to the Secretary of Agri-
culture.
(3) MANAGEMENT OF MNP.—Management by
the Secretary of Agriculture of those portions of the
Arsenal transferred to the Secretary under this Act
shall be in accordance with section 5 establishing the
MNP.
(4) SECURITY
MEASURES.—The Secretary of
the Army, the Secretary of Agriculture, and the Sec-
retary of Veterans Affairs, shall each provide and
maintain physical and other security measures on
such portion of the Arsenal as is under the adminis-
trative jurisdiction of such Secretary. 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 ad-
ministrative jurisdiction of such Secretary and that
may endanger health or safety.
(5) COOPERATIVE
AGREEMENTS.—The Sec-
retary of the Army, the Secretary of Agriculture,
and the Administrator are individually and collec-
tively authorized to enter into cooperative agree-
ments and memoranda of understanding among each
other and with other affected Federal agencies,
State and local governments, private organizations,
and corporations to carry out the purposes for which
the MNP is established.
(b) INTERIM ACTIVITIES OF THE SECRETARY OF AG-
RICULTURE.—Prior to transfer and subject to such rea-
sonable terms and conditions as the Secretary of the Army
may prescribe, the Secretary of Agriculture may enter
upon the Arsenal property for purposes related to plan-
ning, resource inventory, fish and wildlife habitat manipu-
lation (which may include prescribed burning), and other
such activities consistent with the purposes for which the
MNP is established.
(c) PHASED TRANSFER OF JURISDICTION.—Jurisdic-
tion over lands comprising the Arsenal shall be transferred
as follows:
(1) INITIAL TRANSFER.—Within 6 months after
the date of the enactment of this Act, the Secretary
of the Army shall effect the transfer of those por-
tions of the Arsenal property identified for transfer
to the Secretary of Agriculture pursuant to sub-
section (d) and to the Secretary of Veterans Affairs
pursuant to section 6(a)(2). In the case of the Arse-
nal property to be transferred to the Secretary of
Agriculture, the Secretary of the Army shall transfer
to the Secretary of Agriculture only those portions
for which the Secretary of the Army and the Admin-
istrator concur that no further action is required
under any environmental law and which therefore
have been eliminated from the areas to be further
studied pursuant to the Defense Environmental Res-
toration Program for the Arsenal. Within 4 months
after the date of the enactment of this Act, the Sec-
retary of the Army and the Administrator shall pro-
vide to the Secretary of Agriculture all existing doc-
umentation supporting such finding and all existing
information relating to the environmental conditions
of the portions of the Arsenal to be transferred to
the Secretary of Agriculture pursuant to this para-
graph.
(2) ADDITIONAL
TRANSFERS.—The Secretary
of the Army shall transfer in accordance with section
6(b) to the Secretary of Agriculture any portion of
the property generally identified in subsection (d)
and not transferred pursuant to paragraph (1) after
the Secretary of the Army and the Administrator
concur that no further action is required at that por-
tion of property under any environmental law and
that such portion is therefore eliminated from the
areas to be further studied pursuant to the Defense
Environmental Restoration Program for the Arsenal.
At least 2 months before any transfer under this
paragraph, the Secretary of the Army and the Ad-
ministrator shall provide to the Secretary of Agri-
culture all existing documentation supporting such
finding and all existing information relating to the
environmental conditions of the portion of the Arse-
nal to be transferred. Transfer of jurisdiction pursu-
ant to this paragraph may be accomplished on a
parcel-by-parcel basis. This paragraph, paragraph
(1), and their requirements shall not in any way af-
fect the responsibilities and liabilities of the Sec-
retary of the Army specified in section 4.
(d) IDENTIFICATION OF PORTIONS FOR TRANSFER
FOR MNP.—The lands to be transferred under subsection
(c) shall be identified on a map or maps which shall be
agreed to by the Secretary of the Army and the Secretary
of Agriculture. Generally, the land to be transferred to the
Secretary of Agriculture shall be all the real property and
improvements comprising the Arsenal, except for lands
and facilities described in subsection (e) or designated for
disposal under section 6.
(e) PROPERTY USED FOR ENVIRONMENTAL CLEAN-
UP.—
(1) RETENTION.—The Secretary of the Army
shall retain jurisdiction, authority, and control over
real property at the Arsenal to be used for—
(A) water treatment;
(B) the treatment, storage, or disposal of
any hazardous substance, pollutant or contami-
nant, hazardous material, or petroleum prod-
ucts or their derivatives;
(C) other purposes related to any response
action at the Arsenal; and
(D) other actions required at the Arsenal
under any environmental law to remediate con-
tamination or conditions of noncompliance with
any environmental law.
(2) CONDITIONS.—The Secretary of the Army
shall consult with the Secretary of Agriculture re-
garding the identification and management of the
real property retained under this subsection and en-
sure that activities carried out on that property are
consistent, to the extent practicable, with the pur-
poses for which the MNP is established, as specified
in subsection (c) of section 5, and with the other
provisions of such section.
(3) PRIORITY OF RESPONSE ACTIONS.—In the
case of any conflict between management of the
property by the Secretary of Agriculture and any re-
sponse action or other action required under envi-
ronmental law to remediate petroleum products or
their derivatives, the response action or other such
action shall take priority.
(f) SURVEYS.—All costs of necessary surveys for the
transfer of jurisdiction of properties among Federal agen-
cies shall be shared equally by the Secretary of the Army
and the Secretary of the Department receiving the prop-
erty. For lands transferred to a non-Federal agency pur-
suant to section 6, the Secretary of the Army shall pay
the survey costs.
SEC. 4. CONTINUATION OF RESPONSIBILITY AND LIABILITY
OF THE SECRETARY OF THE ARMY FOR ENVI-
RONMENTAL CLEANUP.
(a) RESPONSIBILITY.—The liabilities and responsibil-
ities of the Secretary of the Army under any environ-
mental law shall not transfer under any circumstances to
the Secretary of Agriculture as a result of the property
transfers made under section 3 or section 6(b), or as a
result of implementation of section 3(b). With respect to
the real property at the Arsenal, the Secretary of the
Army shall remain liable for and continue to carry out—
(1) 
all 
response 
actions 
required 
under
CERCLA and other environmental law at or related
to the property; and
(2) all actions required under any other envi-
ronmental law to remediate petroleum products or
their derivatives (including motor oil and aviation
fuel).
(b) LIABILITY.—
(1) IN GENERAL.—Nothing in this Act shall be
construed to effect, modify, amend, repeal, alter,
limit or otherwise change, directly or indirectly, the
responsibilities or liabilities under any applicable en-
(B) Costs, penalties, or fines related to
noncompliance with any environmental law at
or related to the Arsenal or related to the pres-
ence, release, or threat of release of any hazard-
ous substance, pollutant, contaminant, hazard-
ous waste or hazardous material of any kind at
or related to the Arsenal, including contamina-
tion resulting from migration of hazardous sub-
stances, pollutants, contaminants, hazardous
materials, or petroleum products or their de-
rivatives disposed during activities of the De-
partment of the Army.
(C) Costs of actions necessary to remedy
such noncompliance or other problem specified
in paragraph (B).
(c) PAYMENT OF RESPONSE ACTION COSTS.—Any
Federal department or agency that had or has operations
at the Arsenal resulting in the release or threatened re-
lease of hazardous substances, pollutants, or contaminants
shall pay the cost of related response actions or related
actions under other statutes to remediate petroleum prod-
ucts or their derivatives, including motor oil and aviation
fuel.
(d) CONSULTATION.—The Secretary of Agriculture
shall consult with the Secretary of the Army with respect
to the Secretary of Agriculture’s management of real prop-
erty included in the MNP subject to any response action
or other action at the Arsenal being carried out by or
under the authority of the Secretary of the Army under
any environmental law. The Secretary of Agriculture shall
consult with the Secretary of the Army prior to undertak-
ing any activities on the MNP that may disturb the prop-
erty to ensure that such activities will not exacerbate con-
tamination problems or interfere with performance by the
Secretary of the Army of response actions at the property.
In carrying out response actions at the Arsenal, the Sec-
retary of the Army shall consult with the Secretary of Ag-
riculture to ensure that such actions are carried out in
a manner consistent with the purposes for which the MNP
is established, as specified in subsection (c) of section 5,
and the other provisions of such section.
SEC. 5. ESTABLISHMENT OF THE MIDEWIN NATIONAL
TALLGRASS PRAIRIE.
(a) ESTABLISHMENT.—On the effective date of the
initial transfer of jurisdiction of portions of the Arsenal
to the Secretary of Agriculture under section 3(c)(1), the
Secretary of Agriculture shall establish the Midewin Na-
tional Tallgrass Prairie, which shall—
(1) be administered by the Secretary of Agri-
culture; and
(2) consist of the real property so transferred
and such other portions of the Arsenal subsequently
transferred under section 3(c)(2).
(b) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary of Agriculture
shall manage the MNP as a part of the National
Forest System in accordance with this Act and the
laws, rules and regulations pertaining to the Na-
tional Forests, except that the Bankhead-Jones
Farm Tenant Act of 1937 (7 U.S.C. 1010–1012)
shall not apply to the MNP.
(2) LAND ACQUISITION FUNDS.—Notwithstand-
ing section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l–9), monies ap-
propriated from the Land and Water Conservation
Fund established under section 2 of such Act (16
U.S.C. 460l–5) shall be available for acquisition of
lands and interests in land for inclusion in the
MNP.
(3) ACQUISITION OF PRIVATE LANDS.—Acquisi-
tion of private lands for inclusion in the MNP shall
be on a willing seller basis only.
(4) INITIAL
MANAGEMENT
ACTIVITIES.—In
order to expedite the administration and public use
of the MNP, the Secretary of Agriculture may con-
duct management activities at the MNP to effec-
tuate the purposes for which the MNP is estab-
lished, as set forth in subsection (c), in advance of
the development of a land and resource management
plan for the MNP.
(5) 
LAND
AND
RESOURCE
MANAGEMENT
PLAN.—In developing a land and resource manage-
ment plan for the MNP, the Secretary of Agri-
culture shall consult with the Illinois Department of
Conservation and local governments adjacent to the
MNP and provide an opportunity for public com-
ment. Any parcel transferred to the Secretary of Ag-
riculture under this Act after the development of a
land and resource management plan for the MNP
may be managed in accordance with such plan with-
out need for an amendment to the plan.
(c) 
PURPOSES
OF
THE
MIDEWIN
NATIONAL
TALLGRASS PRAIRIE.—The MNP is established to be
managed for National Forest purposes, including the
following:
(1) To conserve and enhance populations and
habitats of fish, wildlife, and plants, including popu-
lations of grassland birds, raptors, passerines, and
marsh and water birds.
(2) To restore and enhance, where practicable,
habitat for species listed as proposed, threatened or
endangered under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(3) To provide fish and wildlife oriented public
uses at levels compatible with the conservation, en-
hancement and restoration of native wildlife and
plants and their habitats.
(4) To provide opportunities for scientific re-
search.
(5) To provide opportunities for environmental
and land use education.
(6) To manage the land and water resources of
the MNP in a manner that will conserve and en-
hance the natural diversity of native fish, wildlife,
and plants.
(7) To conserve and enhance the quality of
aquatic habitat.
(8) To provide for public recreation insofar as
such recreation is compatible with the other pur-
poses for which the MNP is established.
(d) PROHIBITION AGAINST THE CONSTRUCTION OF
NEW THROUGH ROADS.—No new construction of any
highway, public road, or any part of the interstate system,
whether Federal, State, or local, shall be permitted
through or across any portion of the MNP. Nothing herein
shall preclude construction and maintenance of roads for
use within the MNP, or the granting of authorizations for
utility rights-of-way under applicable Federal law, or pre-
clude such access as is necessary. Nothing herein shall
preclude necessary access by the Secretary of the Army
for purposes of restoration and cleanup as provided in this
Act.
(e) AGRICULTURAL LEASES AND SPECIAL USE AU-
THORIZATIONS.—Within the MNP, use of the lands for
agricultural purposes shall be permitted subject to the fol-
lowing terms and conditions:
(1) If at the time of transfer of jurisdiction
under section 3 there exists any lease issued by the
Department of the Army, Department of Defense, or
any other agency thereof, for agricultural purposes
upon the parcel transferred, the Secretary of Agri-
culture, upon transfer of jurisdiction, shall convert
the lease to a special use authorization, the terms of
which shall be identical in substance to the lease
that existed prior to the transfer, including the expi-
ration date and any payments owed the United
States.
(2) The Secretary of Agriculture may issue spe-
cial use authorizations to persons for use of the
MNP for agricultural purposes. Such special use au-
thorizations shall require payment of a rental fee, in
advance, that is based on the fair market value of
the use allowed. Fair market value shall be deter-
mined by appraisal or a competitive bidding process.
Special use authorizations issued pursuant to this
paragraph shall include terms and conditions as the
Secretary of Agriculture may deem appropriate.
(3) No agricultural special use authorization
shall be issued for agricultural purposes which has
a term extending beyond the date twenty years from
the date of enactment of this Act, except that noth-
ing in this Act shall preclude the Secretary from is-
suing agricultural special use authorizations or graz-
ing permits which are effective after twenty years
from the date of enactment of this Act for purposes
primarily related to erosion control, provision for
food and habitat for fish and wildlife, or other re-
source management activities consistent with the
purposes of the MNP.
(f) TREATMENT OF RENTAL FEES.—Monies received
pursuant to subsection (e) shall be subject to distribution
to the State of Illinois and affected counties pursuant to
the Acts of May 23, 1908, and March 1, 1911 (16 U.S.C.
500). All monies not so distributed pursuant to such Acts
shall be covered into the Treasury and shall constitute a
special fund, which is hereby appropriated and made avail-
able until expended, to cover the cost to the United States
of such prairie-improvement work as the Secretary of Ag-
riculture may direct. Any portion of any deposit made to
the fund which the Secretary of Agriculture determines
to be in excess of the cost of doing such work shall be
transferred, upon such determination, to miscellaneous re-
ceipts, Forest Service Fund, as a National Forest receipt
of the fiscal year in which such transfer is made.
(g) USER FEES.—The Secretary is authorized to
charge reasonable fees for the admission, occupancy, and
use of the MNP and may prescribe a fee schedule provid-
ing for reduced or a waiver of fees for persons or groups
engaged in authorized activities including those providing
volunteer services, research, or education. The Secretary
shall permit admission, occupancy, and use at no addi-
tional charge for persons possessing a valid Golden Eagle
Passport or Golden Age Passport.
(h) SALVAGE OF IMPROVEMENTS.—The Secretary of
Agriculture may sell for salvage value any facilities and
improvements which have been transferred to the Sec-
retary of Agriculture pursuant to this Act.
(i) TREATMENT OF USER FEES AND SALVAGE RE-
CEIPTS.—Monies collected pursuant to subsections (g) and
(h) shall be covered into the Treasury and constitute a
special fund to be known as the Midewin National
Tallgrass Prairie Restoration Fund (‘‘Fund’’). Deposits in
this fund shall be available, subject to appropriation, until
expended for use for restoration and administration of the
MNP, including construction of a visitor and education
center, restoration of ecosystems, construction of rec-
reational facilities (such as trails), construction of admin-
istrative offices, and operation and maintenance of the
MNP.
(j) COOPERATION WITH STATES, LOCAL GOVERN-
MENTS AND OTHER ENTITIES.—In the management of
the MNP, the Secretary is authorized and encouraged to
cooperate with appropriate Federal, State and local gov-
ernmental agencies, private organizations and corpora-
tions. Such cooperation may include cooperative agree-
ments as well as the exercise of the existing authorities
of the Secretary under the Cooperative Forestry Assist-
ance Act of 1978 and the Forest and Rangeland Renew-
able Resources Research Act of 1978. The objects of such
cooperation may include public education, land and re-
source protection, and cooperative management among
government, corporate and private landowners in a man-
ner which furthers the purposes of this Act.
SEC. 6. DISPOSAL OF CERTAIN REAL PROPERTY AT THE
ARSENAL FOR A NATIONAL VETERANS CEME-
TERY AND A COUNTY LANDFILL AND TO THE
ADMINISTRATOR OF GENERAL SERVICES.
(a) PROPERTY DESIGNATED FOR DISPOSAL UNDER
THIS SECTION.—The following areas of real property at
the Arsenal are designated for disposal under this section:
(1) An area of real property consisting of ap-
proximately 425 acres, the approximate legal de-
scription of which includes part of sections 8 and 17,
Florence Township, T33N R10E, Will County, Illi-
nois, as depicted in the Arsenal Land Use Concept
to be conveyed to the County of Will, without com-
pensation, to be operated as a landfill by the Coun-
ty: Provided, That such additional acreage shall be
added to the landfill as is necessary to reasonably
accommodate needs for the disposal of refuse and
other materials from the restoration and cleanup of
only the Arsenal property as provided for in this
Act: Provided further, That the use of this additional
acreage by any agency of the Federal Government or
its agents or assigns shall be at no cost to the Fed-
eral Government. The Secretary of the Army may
require such additional terms and conditions in con-
nection with the conveyance under this paragraph as
the Secretary considers appropriate to protect the
interests of the United States.
(2) An area of real property consisting of ap-
proximately 910 acres, the approximate legal de-
scription of which includes part of sections 30 and
31, Jackson Township, T34N R10E, and including
part of sections 25 and 36, Channahon Township,
T34N R9E, Will County, Illinois, as depicted in the
Arsenal Land Use Concept to be transferred without
reimbursement to the Department of Veterans Af-
fairs.
(3) The following areas are designated for dis-
posal pursuant to subsection (b): Manufacturing
Area—Study Area 1—Southern Ash Pile, Study
Area 2—Explosive Burning Ground, Study Area 3—
Flashing Grounds, Study Area 4—Lead Azide Area,
Study Area 10—Toluene Tank Farms, Study Area
11—Landfill, Study Area 12—Sellite Manufacturing
Area, Study Area 14—Former Pond Area, Study
Area 15—Sewage Treatment Plant. Load Assemble
Packing Area—Group 61: Study Area L1, Explosive
Burning Ground: Study Area L2, Demolition Area:
Study Area L3, Landfill Area: Study Area L4, Sal-
vage Yard: Study Area L5, Group 1: Study Area
L7, Group 2: Study Area L8, Group 3: Study Area
L9, Group 3A: Study Area L10, Doyle Lake: Study
Area L12, Group 68: Study Area L13, Group 4:
Study Area L14, Group 5: Study Area L15, Group
8: Study Area L18, Group 9: Study Area L19,
Group 20, Study Area L20, Group 25: Study Area
L22, Group 27: Study Area L23, Group 62: Study
Area L25, Group 64: Study Area L27, Group 65:
Study Area L28, Extraction Pits: Study Area L31,
PVC Area: Study Area L33, Former Burning Area:
Study Area L34, Fill Area: Study Area L35, includ-
ing all associated inventoried buildings and struc-
tures as identified in the Joliet Army Ammunition
Plant Plantwide Building and Structures Report and
the contaminate study sites for both the Manufac-
turing and Load Assembly and Packing sides of the
Joliet Arsenal as delineated in the Dames and
Moore Final Report, Phase 2 Remedial Investigation
Manufacturing (MFG) Area Joliet Army Ammuni-
tion Plant Joliet, Illinois (May 30, 1993. Contract
No. DAAA15–90–D–0015 task order No. 6 pre-
pared for: United States Army Environmental Cen-
ter); and excepting the national cemetery and land-
fill described in paragraphs (1) and (2).
(b) INITIAL
OFFER
TO
SECRETARY
OF
AGRI-
CULTURE.—Within 6 months after the construction and