I 
108TH CONGRESS 
1ST SESSION H. R. 3433
To transfer Federal lands between the Secretary of Agriculture and the 
Secretary of the Interior. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 4, 2003
Mrs. EMERSON introduced the following bill; which was referred to the Com-
mittee on Resources, and in addition to the Committees on Agriculture, 
and Education and the Workforce, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To transfer Federal lands between the Secretary of 
Agriculture and the Secretary of the Interior.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PURPOSES AND DEFINITIONS. 
(a) PURPOSES.—The purposes of this Act are—
(1) to transfer administrative jurisdiction of 
certain Federal lands in Missouri from the Secretary 
of the Interior to the Secretary of Agriculture for 
continued Federal operation of the Mingo Job Corps 
Civilian Conservation Center; and
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(2) to not change the Secretary of Labor’s role 
or authority regarding this Job Corps Center. 
(b) DEFINITIONS.—For the purposes of this Act—
(1) ‘‘Center’’ means the Mingo Job Corps Civil-
ian Conservation Center in Stoddard County, Mis-
souri, referenced in section 2(a) of this Act; 
(2) ‘‘eligible employee’’ means a person who, as 
of the date of enactment of this Act, is a full-time, 
part-time, or intermittent annual or per hour perma-
nent Federal Government employee of the Fish and 
Wildlife Service at the Mingo Job Corps Civilian 
Conservation Center, including the two fully funded 
Washington Office Job Corps support staff; 
(3) ‘‘Environmental Authorities’’ mean all ap-
plicable Federal, State and local laws (including reg-
ulations) and requirements related to protection of 
human health, natural resources, or the environ-
ment, including but not limited to: the Comprehen-
sive Environmental Response, Compensation and Li-
ability Act of 1980 (42 U.S.C. 9601, et seq.); 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
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SEC. 2. TRANSFER OF ADMINISTRATION. 
(a) TRANSFER OF CENTER.—Administrative jurisdic-
tion over the Mingo Job Corps Civilian Conservation Cen-
ter, comprising approximately 87 acres in Stoddard Coun-
ty, Missouri, as generally depicted on a map entitled 
‘‘Mingo National Wildlife Refuge’’, dated September 17, 
2002, to be precisely identified in accordance with sub-
section (c) of this section, is hereby transferred, without 
consideration, from the Secretary of the Interior to the 
Secretary of Agriculture. 
(b) MAPS AND LEGAL DESCRIPTIONS.—
(1) The map referenced in this section shall be 
on file and available for public inspection in the Of-
fice of the Chief, Forest Service, Washington, DC, 
and in the office of the Chief of Realty, U.S. Fish 
and Wildlife Service, Arlington, Virginia. 
(2) Not later than 180 days after the date of 
enactment of this Act, the Secretary of the Interior, 
in consultation with the Secretary of Agriculture, 
shall file a legal description and map of all of the 
lands comprising the Center and being transferred 
by section 2(a) of this Act with the Committee on 
Resources of the United States House of Represent-
atives and the Committee on Environment and Pub-
lic Works of the United States Senate, and such de-
scription and map shall have the same force and ef-
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fect as if included in this Act, except that the Sec-
retary of the Interior may make typographical cor-
rections as necessary. 
(c) APPLICABLE LAWS.—
(1) Subject to section 3, the Center transferred 
pursuant to subsection (a) shall be administered by 
the Secretary of Agriculture and shall be subject to 
the laws and regulations applicable to the National 
Forest System. 
(2) This transfer shall not conflict or interfere 
with any laws and regulations applicable to Job 
Corps. 
SEC. 3. IMPLEMENTATION OF TRANSFER. 
(a) REVERSION REQUIREMENT.—
(1) In the event that the Center is no longer 
used or administered for Job Corps purposes, as 
concurred to by the Secretary of Labor, the Sec-
retary of Agriculture shall so notify the Secretary of 
the Interior, and the Secretary of the Interior shall 
have 180 days from the date of such notice to exer-
cise discretion to reassume jurisdiction over such 
lands. 
(2) The reversionary provisions of subsection 
(a) shall be effected, without further action by the 
Congress, through a Letter of Transfer executed by
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the Chief, Forest Service, and the Director, United 
States Fish and Wildlife Service, and with notice 
thereof published in the Federal Register within 60 
days of the date of the Letter of Transfer. 
(b) AUTHORIZATIONS.—
(1) IN GENERAL.—A permit or other authoriza-
tion granted by the U.S. Fish and Wildlife Service 
on the Center that is in effect on the date of enact-
ment of this Act will continue with the concurrence 
of the Forest Service. 
(2) REISSUANCE.—A permit or authorization 
described in paragraph (1) may be reissued or termi-
nated under terms and conditions prescribed by the 
Forest Service. 
(3) EXERCISE OF RIGHTS.—The Forest Service 
may exercise any of the rights of the U.S. Fish and 
Wildlife Service contained in any permit or other au-
thorization, including any right to amend, modify, 
and revoke the permit or authorization. 
(c) CONTRACTS.—
(1) EXISTING CONTRACTS.—The Forest Service 
is authorized to undertake all rights and obligations 
of the U.S. Fish and Wildlife Service under con-
tracts entered into by the U.S. Fish and Wildlife
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Service on the Center that is in effect on the date 
of enactment of this Act. 
(2) NOTICE OF NOVATION.—The Forest Service 
shall promptly notify all contractors that it is as-
suming the obligations of the U.S. Fish and Wildlife 
Service under such contracts. 
(3) DISPUTES.—Any contract disputes under 
the Contracts Disputes Act (41 U.S.C. 601, et seq.) 
regarding the administration of the Center and aris-
ing prior to the date of enactment of this Act shall 
be the responsibility of the U.S. Fish and Wildlife 
Service. 
(d) MEMORANDUM OF AGREEMENT.—
(1) IN GENERAL.—The Chief, Forest Service, 
and the Director, U.S. Fish and Wildlife Service, are 
authorized to enter into a memorandum of agree-
ment concerning implementation of this Act, includ-
ing procedures for—
(A) the orderly transfer of employees of 
the U.S. Fish and Wildlife Service to the Forest 
Service; 
(B) the transfer of property, fixtures, and 
facilities; 
(C) the transfer of records;
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(D) the maintenance and use of roads and 
trails; and 
(E) other transfer issues. 
(e) AGREEMENTS
WITH
THE
SECRETARY
OF 
LABOR.—In the operation of the Center, the Forest Serv-
ice will undertake the rights and obligations of the U.S. 
Fish and Wildlife Service with respect to existing agree-
ments with the Secretary of Labor pursuant to Public Law 
105–220 (29 U.S.C. 2887, et seq.), and the Forest Service 
will be the responsible agency for any subsequent agree-
ments or amendments to existing agreements. 
(f) RECORDS.—
(1) AREA MANAGEMENT RECORDS.—The Forest 
Service shall have access to all records of the U.S. 
Fish and Wildlife Service pertaining to the manage-
ment of the Center. 
(2) PERSONNEL
RECORDS.—The personnel 
records of eligible employees transferred pursuant to 
this Act, including the Official Personnel Folder, 
Employee Performance File, and other related files, 
shall be transferred to the Forest Service. 
(3) LAND TITLE RECORDS.—The U.S. Fish and 
Wildlife Service shall provide to the Forest Service 
records pertaining to land titles, surveys, and other
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records pertaining to transferred real property and 
facilities. 
(g) TRANSFER OF PERSONAL PROPERTY.—
(1) IN GENERAL.—All federally owned personal 
property present at the Center is hereby transferred 
without consideration to the jurisdiction of the For-
est Service, except that with regard to personal 
property acquired by the Fish and Wildlife Service 
using funds provided by the Department of Labor 
under the Job Corps program, the Forest Service 
shall dispose of any such property in accordance 
with the procedures stated in section 7(e) of the 
1989 Interagency Agreement for Administration of 
Job Corps Civilian Conservation Center Program, as 
amended, between the Department of Labor and the 
Department of the Interior. 
(2) INVENTORY.—Not later than 60 days after 
the date of enactment of this Act, the U.S. Fish and 
Wildlife Service shall provide the Forest Service with 
an inventory of all property and facilities at the Cen-
ter. 
(3) PROPERTY
INCLUDED.—Property under 
this subsection includes, but is not limited to, build-
ings, office furniture and supplies, computers, office
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equipment, vehicles, tools, equipment, maintenance 
supplies, and publications. 
(4) EXCLUSION OF PROPERTY.—At the request 
of the authorized representative of the U.S. Fish 
and Wildlife Service, the Forest Service may exclude 
movable property from transfer based on a showing 
by the U.S. Fish and Wildlife Service that the prop-
erty is needed for the mission of the U.S. Fish and 
Wildlife Service, cannot be replaced in a cost-effec-
tive manner, and is not needed for management of 
the Center. 
SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORI-
TIES. 
(a) DOCUMENTATION OF EXISTING CONDITIONS.—
(1) IN
GENERAL.—Within 60 days after the 
date of enactment of this Act, the U.S. Fish and 
Wildlife Service shall provide the Forest Service and 
the Office of Job Corps, Employment and Training 
Administration, Department of Labor, all reasonably 
ascertainable documentation and information that 
exists on the environmental condition of the land 
comprising the Center. 
(2) ADDITIONAL DOCUMENTATION.—The U.S. 
Fish and Wildlife Service shall provide the Forest 
Service and the Office of Job Corps, Employment
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and Training Administration, Department of Labor, 
with any additional documentation and information 
regarding the environmental condition of the Center 
as such documentation and information becomes 
available. 
(b) ACTIONS REQUIRED.—
(1) ASSESSMENT.—Within 120 days after the 
date of enactment of this Act, the U.S. Fish and 
Wildlife Service shall provide the Forest Service and 
the Office of Job Corps, Employment and Training 
Administration, Department of Labor, an assess-
ment, consistent with ASTM Standard E1527, indi-
cating what action, if any, is required on the Center 
under any Environmental Authorities. 
(2) MEMORANDUM
OF
AGREEMENT.—If the 
findings of the environmental assessment indicate 
that action is required under applicable Environ-
mental Authorities with respect to any portion of the 
Center, the Forest Service and the U.S. Fish and 
Wildlife Service shall enter into a memorandum of 
agreement that—
(A) provides for the performance by the 
U.S. Fish and Wildlife Service of the required 
actions identified in the environmental assess-
ment; and
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(B) includes a schedule for the timely com-
pletion of the required actions to be taken as 
agreed to by U.S. Fish and Wildlife Service and 
Forest Service. 
(c) DOCUMENTATION OF ACTIONS.—After a mutually 
agreeable amount of time following completion of the envi-
ronmental assessment, but not exceeding 180 days from 
such completion, the U.S. Fish and Wildlife Service shall 
provide the Forest Service and the Office of Job Corps, 
Employment and Training Administration, Department of 
Labor, with documentation demonstrating that all actions 
required under applicable Environmental Authorities have 
been taken that are necessary to protect human health and 
the environment with respect to any hazardous substance, 
pollutant, contaminant, hazardous waste, hazardous mate-
rial, or petroleum product or derivative of a petroleum 
product on the Center. 
(d) CONTINUATION OF RESPONSIBILITIES AND LI-
ABILITIES.—
(1) IN GENERAL.—The transfer of the Center 
and the requirements of this section shall not in any 
way affect the responsibilities and liabilities of the 
U.S. Fish and Wildlife Service at the Center under 
any applicable Environmental Authorities.
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(2) ACCESS.—At all times after the date of en-
actment of this Act, the U.S. Fish and Wildlife 
Service and its agents shall be accorded any access 
to the Center that may be reasonably required to 
carry out the responsibility or satisfy the liability re-
ferred to in paragraph (1). 
(3) NO LIABILITY.—The Forest Service shall 
not be liable under any applicable Environmental 
Authorities for matters that are related directly or 
indirectly to activities of the U.S. Fish and Wildlife 
Service or the Department of Labor on the Center 
occurring on or before the date of enactment of this 
Act, including liability for—
(A) costs or performance of response ac-
tions required under the Comprehensive Envi-
ronmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601, et seq.) at or 
related to the Center; or 
(B) costs, penalties, fines, or performance 
of actions related to noncompliance with appli-
cable Environmental Authorities at or related to 
the Center or related to the presence, release, 
or threat of release of any hazardous substance, 
pollutant, or contaminant, hazardous waste, 
hazardous material, or petroleum product or de-
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rivative of a petroleum product of any kind at 
or related to the Center, including contamina-
tion resulting from migration. 
(4) NO EFFECT ON RESPONSIBILITIES OR LI-
ABILITIES.—Except as provided in paragraph (3), 
nothing in this title affects, modifies, amends, re-
peals, alters, limits or otherwise changes, directly or 
indirectly, the responsibilities or liabilities under ap-
plicable Environmental Authorities with respect to 
the Forest Service after the date of enactment of 
this Act. 
(e) OTHER FEDERAL AGENCIES.—Subject to the 
other provisions of this section, a Federal agency that car-
ried or carries out operations at the Center resulting in 
the violation of an environmental authority shall be re-
sponsible for all costs associated with corrective actions 
and subsequent remediation. 
SEC. 5. PERSONNEL. 
(a) IN GENERAL.—
(1) EMPLOYMENT.—Notwithstanding section 
3503 of title 5, United States Code, the Forest Serv-
ice will accept the transfer of eligible employees at 
their current pay and grade levels to administer the 
Center as of the date of enactment of this Act.
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(b) TRANSFER-APPOINTMENT IN THE FOREST SERV-
ICE.—Eligible employees will transfer, without a break in 
Federal service and without competition, from the Depart-
ment of the Interior, U.S. Fish and Wildlife Service, to 
the Department of Agriculture, Forest Service, upon an 
agreed date by both agencies. 
(c) EMPLOYEE BENEFIT TRANSITION.—Employees 
of the U.S. Fish and Wildlife Service who transfer to the 
Forest Service—
(1) shall retain all benefits and/or eligibility for 
benefits of Federal employment without interruption 
in coverage or reduction in coverage, including those 
pertaining to any retirement, Thrift Savings Plan 
(TSP), Federal Employee Health Benefit (FEHB), 
Federal Employee Group Life Insurance (FEGLI), 
leave, or other employee benefits; 
(2) shall retain their existing status with re-
spect to the Civil Service Retirement System 
(CSRS) or the Federal Employees Retirement Sys-
tem (FERS); 
(3) shall be entitled to carry over any leave time 
accumulated during their Federal Government em-
ployment; 
(4) shall retain their existing level of competi-
tive employment status and tenure; and
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(5) shall retain their existing GM, GS, or WG 
grade level and pay. 
SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS. 
(a) The U.S. Fish and Wildlife Service and the For-
est Service will cover their own costs in implementing this 
Act. 
(b) There is hereby authorized to be appropriated 
such sums as may be necessary to carry out this Act.
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