II
Calendar No. 162
104TH CONGRESS
1ST SESSION
H. R. 714
IN THE SENATE OF THE UNITED STATES
AUGUST 1 (legislative day, JULY 10), 1995
Received
AUGUST 2 (legislative day, JULY 10), 1995
Read twice and ordered placed on the calendar
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-
poses for which the Midewin National Tallgrass
Prairie is established, as specified in section 104(c),
and with the other provisions of such section and
section 105.
(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 any other action required under
any other environmental law, including actions to re-
mediate petroleum products of their derivatives, the
response action or other action shall take priority.
(f) SURVEYS.—All costs of necessary surveys for the
transfer of jurisdiction of Arsenal property from the Sec-
retary of the Army to the Secretary of Agriculture shall
be borne by the Secretary of Agriculture.
SEC. 103. CONTINUATION OF RESPONSIBILITY AND LIABIL-
ITY OF 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 102 or section 106, or as
a result of interim activities of the Secretary of Agri-
culture on Arsenal property under section 101(f). With re-
spect 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 at or related to the property;
(2) all remediation actions required under any
other environmental law at or related to the prop-
erty; and
(3) all actions required under any other envi-
ronmental law to remediate petroleum products or
their derivatives (including motor oil and aviation
fuel) at or related to the property.
(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 environmental
law of any person (including the Secretary of Agri-
culture), except as provided in paragraph (3) with
respect to the Secretary of Agriculture.
(2) LIABILITY OF SECRETARY OF THE ARMY.—
The Secretary of the Army shall retain any obliga-
tion or other liability at the Arsenal that the Sec-
retary may have under CERCLA and other environ-
mental laws. Following transfer of any portions of
the Arsenal pursuant to this Act, the Secretary of
the Army shall be accorded all easements and access
to such property as may be reasonably required to
carry out such obligation or satisfy such liability.
(3) SPECIAL RULES FOR SECRETARY OF AGRI-
CULTURE.—The Secretary of Agriculture shall not
be responsible or liable under any environmental law
for matters which are in any way related directly or
indirectly to activities of the Secretary of the Army,
or any party acting under the authority of the Sec-
retary in connection with the Defense Environmental
Restoration Program, at the Arsenal and which are
for any of the following:
(A) Costs of response actions required
under CERCLA at or related to the Arsenal.
(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 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-
erty. In carrying out response actions at the Arsenal, the
Secretary of the Army shall consult with the Secretary of
Agriculture to ensure that such actions are carried out in
a manner consistent with the purposes for which the
Midewin National Tallgrass Prairie is established, as spec-
ified in section 104(c), and the other provisions of such
section and section 105.
SEC. 104. ESTABLISHMENT AND ADMINISTRATION OF
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 102(a), the
Secretary of Agriculture shall establish the Midewin Na-
tional Tallgrass Prairie. The MNP 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 102(b) or 106.
(b) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary of Agriculture
shall manage the Midewin National Tallgrass Prairie
as a part of the National Forest System in accord-
ance with this Act and the laws, rules, and regula-
tions pertaining to the National Forest System, ex-
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.
(f) TREATMENT OF USER FEES AND SALVAGE RE-
CEIPTS.—Monies collected pursuant to subsections (d)
and (e) shall be covered into the Treasury and constitute
a special fund to be known as the Midewin National
Tallgrass Prairie Restoration Fund. Deposits in the
Midewin National Tallgrass Prairie Restoration Fund
shall be available to the Secretary of Agriculture, in such
amounts as are provided in advance in appropriation Acts,
for restoration and administration of the Midewin Na-
tional Tallgrass Prairie, including construction of a visitor
and education center, restoration of ecosystems, construc-
tion of recreational facilities (such as trails), construction
of administrative offices, and operation and maintenance
of the MNP.
SEC. 106. SPECIAL DISPOSAL RULES FOR CERTAIN ARSE-
NAL PARCELS INTENDED FOR MNP.
(a) DESCRIPTION OF PARCELS.—Except as provided
in subsection (b), the following areas are designated for
disposal pursuant to subsection (c):
(1) Manufacturing Area—Study Area 1—
Southern Ash Pile, Study Area 2—Explosive Burn-
ing 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—Sew-
age Treatment Plant.
(2) 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, Salvage Yard: Study Area L5,
Group 1: Study Area L7, Group 2: Study Area L8,
Group 3: Study Area L9, Group 3A: Study Area
L10, Group 4: Study Area L14, Group 5: Study
Area L15, Group 8: Study Area L18, Group 9:
Study Area L19, Group 27: Study Area L23, Group
62: Study Area L25, PVC Area: Study Area L33,
including all associated inventoried buildings and
structures as identified in the Joliet Army Ammuni-
tion Plant Plantwide Building and Structures Re-
port and the contaminate study sites for both the
Manufacturing and Load Assembly and Packing
sides of the Joliet Arsenal as delineated in the
Dames and Moore Final Report, Proposed Future
Land Use Map, dated May 30, 1995.
(b) EXCEPTION.—The parcels described in subsection
(a) shall not include the property at the Arsenal des-
ignated for disposal under title II.
(c) INITIAL
OFFER
TO
SECRETARY
OF
AGRI-
CULTURE.—Within 6 months after the construction and
installation of any remedial design approved by the Ad-
ministrator and required for any lands described in sub-
section (a), the Administrator shall provide to the Sec-
retary of Agriculture all existing information regarding
the implementation of such remedy, including information
regarding its effectiveness. Within 3 months after the Ad-
ministrator provides such information to the Secretary of
Agriculture, the Secretary of the Army shall offer the Sec-
retary of Agriculture the option of accepting a transfer
of the areas described in subsection (a), without reim-
bursement, to be added to the Midewin National Tallgrass
Prairie and subject to the terms and conditions, including
the limitations on liability, contained in this Act. In the
event the Secretary of Agriculture declines such offer, the
property may be disposed of as the Army would ordinarily
dispose of such property under applicable provisions of
law. Any sale or other transfer of property conducted pur-
suant to this subsection may be accomplished on a parcel-
by-parcel basis.
TITLE II—OTHER REAL PROP-
ERTY DISPOSALS INVOLVING
JOLIET ARMY AMMUNITION
PLANT
SEC. 201. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSE-
NAL FOR A NATIONAL CEMETERY.
(a) TRANSFER REQUIRED.—Subject to section 301,
the Secretary of the Army shall transfer, without reim-
bursement, to the Secretary of Veterans Affairs the parcel
of real property at the Arsenal described in subsection (b)
for use as a national cemetery.
(b) DESCRIPTION OF PROPERTY.—The real property
to be transferred under subsection (a) is a parcel of real
property at the Arsenal consisting of approximately 982
acres, the approximate legal description of which includes
part of sections 30 and 31 Jackson Township, T34N
R10E, and part of sections 25 and 36 Channahon Town-
ship, T34N R9E, Will County, Illinois, as depicted in the
Arsenal Land Use Concept.
(c) SECURITY MEASURES.—The Secretary of Veter-
ans Affairs shall provide and maintain physical and other
security measures on the real property transferred under
subsection (a). Such security measures (which may include
fences and natural barriers) shall include measures to pre-
vent members of the public from gaining unauthorized ac-
cess to the portion of the Arsenal that is under the admin-
istrative jurisdiction of the Secretary of Veterans Affairs
and that may endanger health or safety.
(d) SURVEYS.—All costs of necessary surveys for the
transfer of jurisdiction of Arsenal properties from the Sec-
retary of the Army to the Secretary of Veterans Affairs
shall be borne solely by the Secretary of Veterans Affairs.
SEC. 202. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSE-
NAL FOR A COUNTY LANDFILL.
(a) TRANSFER REQUIRED.—Subject to section 301,
the Secretary of the Army shall transfer, without com-
pensation, to Will County, Illinois, all right, title, and in-
terest of the United States in and to the parcel of real
property at the Arsenal described in subsection (b), which
shall be operated as a landfill by the County.
(b) DESCRIPTION OF PROPERTY.—The real property
to be transferred under subsection (a) is a parcel of real
property at the Arsenal consisting of approximately 455
acres, the approximate legal description of which includes
part of sections 8 and 17, Florence Township, T33N
R10E, Will County, Illinois, as depicted in the Arsenal
Land Use Concept.
(c) CONDITION ON CONVEYANCE.—The conveyance
shall be subject to the condition that the Army (or its
agents or assigns) may use the landfill established on the
real property transferred under subsection (a) for the dis-
posal 
of 
construction 
debris, 
refuse, 
and 
other
nonhazardous materials from the restoration and cleanup
of the Arsenal property as provided for in this Act. Such
use shall be at no cost to the Federal Government.
(d) REVERSIONARY INTEREST.—During the 5-year
period beginning on the date the Secretary of the Army
makes the conveyance under subsection (a), if the Sec-
retary of the Army determines that the conveyed real
property is not being operated as a landfill or that Will
County, Illinois, is in violation of the condition specified
in subsection (c), then, at the option of the United States,
all right, title, and interest in and to the property, includ-
ing improvements thereon, shall be subject to reversion to
the United States. In the event the United States exercises
its option to cause the property to revert, the United
States shall have the right of immediate entry onto the
property. Any determination of the Secretary of the Army
under this subsection shall be made on the record after
an opportunity for a hearing.
(e) SURVEYS.—All costs of necessary surveys for the
transfer of real property under this section shall be borne
by Will County, Illinois.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Army may require such additional terms and
conditions in connection with the conveyance under this
section as the Secretary of the Army considers appropriate
to protect the interests of the United States.
SEC. 203. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSE-
NAL FOR ECONOMIC DEVELOPMENT.
(a) TRANSFER REQUIRED.—Subject to section 301,
the Secretary of the Army shall transfer to the State of
Illinois, all right, title, and interest of the United States
in and to the parcel of real property at the Arsenal de-
scribed in subsection (b), which shall be used for economic
redevelopment to replace all or a part of the economic ac-
tivity lost at the Arsenal.
(b) DESCRIPTION OF PROPERTY.—The real property
to be transferred under subsection (a) is a parcel of real
property at the Arsenal consisting of—
(1) approximately 1,900 acres, the approximate
legal description of which includes part of section
30, Jackson Township, Township 34 North, Range
10 East, and sections or parts of sections 24, 25,
26, 35, and 36, Township 34 North, Range 9 East,
in Channahon Township, an area of 9.77 acres
around the Des Plaines River Pump Station located
in the southeast quarter of section 15, Township 34
North, Range 9 East of the Third Principal Merid-
ian, in Channahon Township, and an area of 511’
x 596’ around the Kankakee River Pump Station in
the Northwest Quarter of section 5, Township 33
North, Range 9 East, east of the Third Principal
Meridian in Wilmington Township, containing 6.99
acres, located along the easterly side of the Kan-
kakee Cut-Off in Will County, Illinois, as depicted in
the Arsenal Re-Use Concept, and the connecting pip-
ing to the northern industrial site, as described by
the United States Army Report of Availability, dated
13 December 1993; and
(2) approximately 1,100 acres, the approximate
legal description of which includes part of sections
16, 17, 18 Florence Township, Township 33 North,
Range 10 East, Will County, Illinois, as depicted in
the Arsenal Land Use Concept.
(c) CONSIDERATION.—The conveyance under sub-
section (a) shall be made without consideration. However,
the conveyance shall be subject to the condition that, if
the State of Illinois reconveys all or any part of the con-
veyed property to a non-Federal entity, the State shall pay
to the United States an amount equal to the fair market
value of the reconveyed property. The Secretary of the
Army shall determine the fair market value of any prop-
erty reconveyed by the State as of the time of the
reconveyance, excluding the value of improvements made
to the property by the State. The Secretary may treat a
lease of the property as a reconveyance if the Secretary
determines that the lease was used in an effort to avoid
operation of this subsection. Amounts received under this
subsection shall be deposited in the general fund of the
Treasury for purposes of deficit reduction.
(d) OTHER CONDITIONS OF CONVEYANCE.—
(1) REDEVELOPMENT
AUTHORITY.—The con-
veyance under subsection (a) shall be subject to the
further condition that the Governor of the State of
Illinois establish a redevelopment authority to be re-
sponsible for overseeing the economic redevelopment
of the conveyed land.
(2) TIME FOR ESTABLISHMENT.—To satisfy the
condition specified in paragraph (1), the redevelop-
ment authority shall be established within one year
after the date of the enactment of this Act.
(e) REVERSIONARY INTEREST.—During the 20-year
period beginning on the date the Secretary of the Army
makes the conveyance under subsection (a), if the Sec-
retary determines that a condition specified in subsection
(c) or (d) is not being satisfied or that the conveyed land
is not being used for economic development purposes,
then, at the option of the United States, all right, title,
and interest in and to the property, including improve-
ments thereon, shall be subject to reversion to the United
States. In the event the United States exercises its option
to cause the property to revert, the United States shall
have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall
be made on the record after an opportunity for a hearing.
(f) SURVEYS.—All costs of necessary surveys for the
transfer of real property under this section shall be borne
by the State of Illinois.
(g) ADDITIONAL TERMS
AND CONDITIONS.—The
Secretary of the Army may require such additional terms
and conditions in connection with the conveyance under
this section as the Secretary considers appropriate to pro-
tect the interests of the United States.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. DEGREE OF ENVIRONMENTAL CLEANUP.
(a) IN GENERAL.—Nothing in this Act shall be con-
strued to restrict or lessen the degree of cleanup at the
Arsenal required to be carried out under provisions of any
environmental law.
(b) RESPONSE ACTION.—The establishment of the
Midewin National Tallgrass Prairie under title I and the
additional real property disposals required under title II
shall not restrict or lessen in any way any response action
or degree of cleanup under CERCLA or other environ-
mental law, or any response action required under any en-
vironmental law to remediate petroleum products or their
derivatives (including motor oil and aviation fuel), re-
quired to be carried out under the authority of the Sec-
retary of the Army at the Arsenal and surrounding areas,
except to the extent otherwise allowable under such laws.
(c) ENVIRONMENTAL QUALITY OF PROPERTY.—Any
contract for sale, deed, or other transfer of real property
under title II shall be carried out in compliance with all
applicable provisions of section 120(h) of CERCLA and
other environmental laws.
Passed the House of Representatives July 31, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
HR 714 PCS——2
HR 714 PCS——3