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.
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 ‘‘Il-
linois Land Conservation Act of 1995’’.
(b) TABLE OF CONTENTS.—The table of contents for
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 Arse-
nal.
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 develop-
ment.
TITLE III—MISCELLANEOUS PROVISIONS
Sec. 301. Degree of environmental cleanup.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the United States Environmental Pro-
tection Agency.
(2) The term ‘‘agricultural purposes’’ means
the use of land for row crops, pasture, hay, and
grazing.
(3) The term ‘‘Arsenal’’ means the Joliet Army
Ammunition Plant located in the State of Illinois.
(4) The acronym ‘‘CERCLA’’ means the Com-
prehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(5) The term ‘‘Defense Environmental Restora-
tion Program’’ means the program of environmental
restoration for defense installations established by
the Secretary of Defense under section 2701 of title
10, United States Code.
(6) The term ‘‘environmental law’’ means all
applicable Federal, State, and local laws, regula-
tions, and requirements related to protection of
human health, natural and cultural resources, or the
environment, including 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) The term ‘‘hazardous substance’’ has the
meaning given such term by section 101(14) of
CERCLA (42 U.S.C. 9601(14)).
(8) The abbreviation ‘‘MNP’’ means the
Midewin National Tallgrass Prairie established pur-
suant to section 104 and managed as a part of the
National Forest System.
(9) 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.
(10) The term ‘‘person’’ has the meaning given
such term by section 101(21) of CERCLA (42
U.S.C. 9601(21)).
(11) The term ‘‘pollutant or contaminant’’ has
the meaning given such term by section 101(33) of
CERCLA (42 U.S.C. 9601(33)).
(12) The term ‘‘release’’ has the meaning given
such term by section 101(22) of CERCLA (42
U.S.C. 9601(22)).
(13) The term ‘‘response action’’ has the mean-
ing given the term ‘‘response’’ by section 101(25) of
CERCLA (42 U.S.C. 9601(25)).
TITLE I—CONVERSION OF JO-
LIET 
ARMY 
AMMUNITION
PLANT 
TO 
MIDEWIN 
NA-
TIONAL TALLGRASS PRAIRIE
SEC. 101. PRINCIPLES OF TRANSFER.
(a) LAND USE PLAN.—The Congress ratifies in prin-
ciple 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 constituting the Midewin National Tallgrass Prairie
shall be transferred, without reimbursement, to the Sec-
retary of Agriculture.
(c) 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 ac-
cordance with sections 104 and 105 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. Such security measures
(which may include fences and natural barriers) shall in-
clude measures to prevent members of the public from
gaining unauthorized access to such portions of the Arse-
nal 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 Adminis-
trator are individually and collectively authorized to enter
into cooperative agreements and memoranda of under-
standing among each other and with other affected Fed-
eral agencies, State and local governments, private organi-
zations, and corporations to carry out the purposes for
which the Midewin National Tallgrass Prairie is estab-
lished.
(f) 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
Midewin National Tallgrass Prairie is established.
SEC. 102. TRANSFER OF MANAGEMENT RESPONSIBILITIES
AND JURISDICTION OVER ARSENAL.
(a) INITIAL TRANSFER OF JURISDICTION.—Within 6
months after the date of the enactment of this Act, the
Secretary of the Army shall effect the transfer of those
portions of the Arsenal property identified for transfer to
the Secretary of Agriculture pursuant to subsection (d).
The Secretary of the Army shall transfer to the Secretary
of Agriculture only those portions of the Arsenal for which
the Secretary of the Army and the Administrator 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 Envi-
ronmental Restoration Program for the Arsenal. Within
4 months after the date of the enactment of this Act, the
Secretary of the Army and the Administrator shall provide
to the Secretary of Agriculture all existing documentation
supporting such finding and all existing information relat-
ing to the environmental conditions of the portions of the
Arsenal to be transferred to the Secretary of Agriculture
pursuant to this subsection.
(b) ADDITIONAL TRANSFERS.—The Secretary of the
Army shall transfer to the Secretary of Agriculture in ac-
cordance with section 106(c) any portion of the property
generally identified in subsection (d) and not transferred
under subsection (a) after the Secretary of the Army and
the Administrator concur that no further action is re-
quired at that portion of property under any environ-
mental law and that such portion is therefore eliminated
from the areas to be further studied pursuant to the De-
fense Environmental Restoration Program for the Arse-
nal. At least 2 months before any transfer under this sub-
section, the Secretary of the Army and the Administrator
shall provide to the Secretary of Agriculture all existing
documentation supporting such finding and all existing in-
formation relating to the environmental conditions of the
portion of the Arsenal to be transferred. Transfer of juris-
diction pursuant to this subsection may be accomplished
on a parcel-by-parcel basis.
(c) EFFECT ON CONTINUED RESPONSIBILITIES AND
LIABILITY OF SECRETARY OF THE ARMY.—Subsections
(a) and (b), and their requirements, shall not in any way
affect the responsibilities and liabilities of the Secretary
of the Army specified in section 103.
(d) IDENTIFICATION OF PORTIONS FOR TRANSFER
FOR MNP.—The lands to be transferred to the Secretary
of Agriculture under subsections (a) and (b) shall be iden-
tified 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 improve-
ments comprising the Arsenal, except for lands and facili-
ties described in subsection (e) or designated for disposal
under section 106 or title II.
(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-
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 subparagraph (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 environmental laws, including actions
to remediate petroleum products or their derivatives.
(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 Midewin National Tallgrass Prairie
subject to any response action or other action at the Arse-
nal being carried out by or under the authority of the Sec-
retary of the Army under any environmental law. The Sec-
retary of Agriculture shall consult with the Secretary of
the Army prior to undertaking any activities on the
Midewin National Tallgrass Prairie that may disturb the
property to ensure that such activities will not exacerbate
contamination problems or interfere with performance by
the Secretary of the Army of response actions at the prop-
cept that the Bankhead-Jones Farm Tenant Act of
1937 (7 U.S.C. 1010–1012) shall not apply to the
MNP.
(2) INITIAL
MANAGEMENT
ACTIVITIES.—In
order to expedite the administration and public use
of the Midewin National Tallgrass Prairie, the Sec-
retary of Agriculture may conduct management ac-
tivities at the MNP to effectuate the purposes for
which the MNP is established, as set forth in sub-
section (c), in advance of the development of a land
and resource management plan for the MNP.
(3) 
LAND
AND
RESOURCE
MANAGEMENT
PLAN.—In developing a land and resource manage-
ment plan for the Midewin National Tallgrass Prai-
rie, the Secretary of Agriculture shall consult with
the Illinois Department of Conservation and local
governments adjacent to the MNP and provide an
opportunity for public comment. Any parcel trans-
ferred to the Secretary of Agriculture under this Act
after the development of a land and resource man-
agement plan for the MNP may be managed in ac-
cordance with such plan without need for an amend-
ment to the plan.
(c) 
PURPOSES
OF
THE
MIDEWIN
NATIONAL
TALLGRASS PRAIRIE.—The Midewin National Tallgrass
Prairie is established to be managed for National Forest
System purposes, including the following:
(1) To manage the land and water resources of
the MNP in a manner that will conserve and en-
hance the native populations and habitats of fish,
wildlife, and plants.
(2) To provide opportunities for scientific, envi-
ronmental, and land use education and research.
(3) To allow the continuation of agricultural
uses of lands within the MNP consistent with sec-
tion 105(b).
(4) To provide a variety of recreation opportu-
nities that are not inconsistent with the preceding
purposes.
(d) OTHER LAND ACQUISITION FOR MNP.—
(1) 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
Midewin National Tallgrass Prairie.
(2) ACQUISITION OF PRIVATE LANDS.—Acquisi-
tion of private lands for inclusion in the Midewin
National Tallgrass Prairie shall be on a willing seller
basis only.
(e) COOPERATION WITH STATES, LOCAL GOVERN-
MENTS AND OTHER ENTITIES.—In the management of
the Midewin National Tallgrass Prairie, the Secretary of
Agriculture is authorized and encouraged to cooperate
with appropriate Federal, State and local governmental
agencies, private organizations and corporations. Such co-
operation may include cooperative agreements as well as
the exercise of the existing authorities of the Secretary
under the Cooperative Forestry Assistance Act of 1978
and the Forest and Rangeland Renewable Resources Re-
search Act of 1978. The objects of such cooperation may
include public education, land and resource protection,
and cooperative management among government, cor-
porate and private landowners in a manner which furthers
the purposes for which the Midewin National Tallgrass
Prairie is established.
SEC. 105. SPECIAL MANAGEMENT REQUIREMENTS FOR
MIDEWIN NATIONAL TALLGRASS PRAIRIE.
(a) 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 Midewin National
Tallgrass Prairie. Nothing herein shall preclude construc-
tion and maintenance of roads for use within the MNP,
or the granting of authorizations for utility rights-of-way
under applicable Federal law, or preclude such access as
is necessary. Nothing herein shall preclude necessary ac-
cess by the Secretary of the Army for purposes of restora-
tion and cleanup as provided in this Act.
(b) AGRICULTURAL LEASES AND SPECIAL USE AU-
THORIZATIONS.—Within the Midewin National Tallgrass
Prairie, use of the lands for agricultural purposes shall
be permitted subject to the following terms and conditions:
(1) If at the time of transfer of jurisdiction
under section 102 there exists any lease issued by
the Department of the Army, Department of De-
fense, or any other agency thereof, for agricultural
purposes upon the parcel transferred, the Secretary
of Agriculture, 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
expiration 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
Midewin National Tallgrass Prairie for agricultural
purposes. Special use authorizations issued pursuant
to this paragraph shall include terms and conditions
as the Secretary of Agriculture may deem appro-
priate.
(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 of Agri-
culture from issuing agricultural special use author-
izations or grazing 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 resource management activities consistent
with the purposes of the Midewin National Tallgrass
Prairie.
(c) TREATMENT OF RENTAL FEES.—Monies received
pursuant to subsection (b) 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 such monies not distributed pursuant to such
Acts shall be covered into the Treasury and shall con-
stitute a special fund, which shall be available to the Sec-
retary of Agriculture, in such amounts as are provided in
advance in appropriation Acts, to cover the cost to the
United States of such prairie-improvement work as the
Secretary may direct. Any portion of any deposit made
to the fund which the Secretary determines to be in excess
of the cost of doing such work shall be transferred, upon
such determination, to miscellaneous receipts, Forest
Service Fund, as a National Forest receipt of the fiscal
year in which such transfer is made.
(d) USER FEES.—The Secretary of Agriculture is au-
thorized to charge reasonable fees for the admission, occu-
pancy, and use of the Midewin National Tallgrass Prairie
and may prescribe a fee schedule providing for reduced
or a waiver of fees for persons or groups engaged in au-
thorized activities including those providing volunteer
services, research, or education. The Secretary shall per-
mit admission, occupancy, and use at no additional charge
for persons possessing a valid Golden Eagle Passport or
Golden Age Passport.
(e) SALVAGE OF IMPROVEMENTS.—The Secretary of
Agriculture may sell for salvage value any facilities and
improvements which have been transferred to the Sec-
retary pursuant to this Act.