I
103D CONGRESS
2D SESSION
H. R. 4946
To establish the Midewin National Tallgrass Prairie in the State of Illinois,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 12, 1994
Mr. SANGMEISTER introduced the following bill; which was referred jointly to
the Committees on Armed Services, Agriculture, and Energy and Commerce
A BILL
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 DEFINITIONS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Illinois Land Conservation Act of 1994’’.
(b) DEFINITIONS.—For purposes of this Act:
(1) The term ‘‘Administrator’’ means the Ad-
ministrator of the United States Environmental Pro-
tection Agency.
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(2) The term ‘‘agricultural purposes’’ means
the use of land for row crops, pasture, hay, and
grazing.
(3) The terms ‘‘applicable law’’ and ‘‘applicable
laws’’ mean all applicable Federal, State, and local
laws, regulations, and requirements, including but
not limited to the Comprehensive Environmental Re-
sponse, Compensation and Liability Act of 1980 (42
U.S.C. 9601 et seq.), the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.), the Clean
Water Act (33 U.S.C. 1251 et seq.) and the Clean
Air Act (42 U.S.C. 7401 et seq.), and any amend-
ments and implementing regulations of such Acts,
and any other laws, regulations, and requirements
related to protection of human health or the environ-
ment.
(4) The terms ‘‘applicable environmental law’’
and ‘‘applicable environmental laws’’ mean all appli-
cable Federal, State, and local laws, regulations, and
requirements related to protection of human health
or the environment, including but not limited to
those stated in section 1(b)(3).
(5) The term ‘‘Arsenal’’ means the Joliet Army
Ammunition Plant located in the State of Illinois.
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(6) The acronym ‘‘CERCLA’’ means the Com-
prehensive Environmental Response, Compensation
and Liability Act of 1980 (42 U.S.C. 9601 et seq.),
as amended.
(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 4 and managed as a part of the Na-
tional Forest System.
(9) The term ‘‘person’’ has the meaning given
that 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 ‘‘response action’’ has the mean-
ing given the term ‘‘response’’ by section 101(25) of
CERCLA (42 U.S.C. 9601(25)).
(12) The term ‘‘national cemetery’’ means a
cemetery established and operated as part of the De-
partment of Veterans Affairs National Cemetery
System and subject to the provisions of chapter 24
of title 38, United States Code.
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SEC. 2. TRANSFER OF MANAGEMENT RESPONSIBILITIES
AND JURISDICTION OVER THE JOLIET ARSE-
NAL.
(a) PRINCIPLES OF TRANSFER.—
(1) The Congress hereby ratifies in principle
the proposals generally identified by the land use
plan which was developed by the Joliet Arsenal Citi-
zen Planning Commission and unanimously ap-
proved on April 8, 1994.
(2) The area constituting the MNP shall be
transferred, without reimbursement, to the Secretary
of Agriculture.
(3) Management by the Secretary of Agri-
culture of those portions of the Arsenal so trans-
ferred shall be in accordance with section 4.
(4) This Act does not change in any fashion the
responsibilities or liabilities of any person under any
applicable environmental law except that the Sec-
retary of Agriculture shall not be liable or respon-
sible for contamination resulting from or related to
the condition of the property existing prior to trans-
fer of the property, including but not limited to mi-
gration of hazardous substances, pollutants, con-
taminants, or petroleum products or their derivatives
disposed during activities of the Department of the
Army.
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(5) The Secretary of the Army shall be respon-
sible for the upkeep and maintenance of all fences,
guard houses, and other security facilities, as well as
the costs of security personnel on all portions of the
Arsenal that have not been transferred to the Sec-
retary of Agriculture.
(6) The Secretary of the Army, the Secretary of
Agriculture, and the Administrator are individually
and collectively authorized to enter into cooperative
agreements 
and 
memoranda 
of 
understanding
among each other and with other affected Federal,
State and local governments, private organizations
and corporations for the purposes of implementing
this Act and carrying 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. Except as provided in section 2(a)(4),
the Secretary of Agriculture shall not be liable or respon-
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sible in any way under CERCLA or any other applicable
environmental law for environmental conditions related to
any such interim activities.
(c) TRANSFER OF JURISDICTION.—Jurisdiction over
lands comprising the Arsenal shall be transferred as fol-
lows:
(1) Within 6 months of enactment of this Act
and in accordance with section 2(a), 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 section 2(c)(2)
and to the Secretary of Veterans Affairs pursuant to
section 5.
(2) The lands so transferred pursuant to para-
graph (1) of subsection (c) shall be identified on a
map or maps which shall be agreed to by the Sec-
retary of the Army and the Secretary of Agriculture.
Generally, the land to be transferred to the Sec-
retary of Agriculture shall be all the real property
and improvements comprising the Arsenal, except
for lands and facilities described in section 2(d) or
designated for disposal under section 5.
(3) All costs of necessary surveys for the trans-
fer of jurisdiction of properties among Federal agen-
cies shall be shared equally by the Secretary of the
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Army and the Secretary of the Department to whom
the land is being transferred. For lands transferred
to a non-Federal agency pursuant to section 5, the
Army shall pay the survey costs.
(d) PROPERTY USED FOR ENVIRONMENTAL CLEAN-
UP PURPOSES.—The Secretary of the Army shall retain
jurisdiction, authority, and control over real property at
the Arsenal to be used for water treatment; the treatment,
storage, or disposal of any hazardous substance, pollutant
or contaminant, petroleum products or their derivatives;
or other purposes related to any response action at the
Arsenal and other action required under any other applica-
ble environmental law to remediate contamination or con-
ditions of non-compliance at the Arsenal. The Secretary
of the Army shall consult with the Secretary of Agriculture
regarding the identification and management of the real
property retained under this paragraph and ensure that
activities carried out on that property are consistent, to
the extent practicable, with the purposes for which the
MNP is to be established under section 4(c), and consist-
ent with the provisions of sections 4 (a), (b), and (d)–
(i). In the case of any conflict between management of
the property by the Secretary of Agriculture and any re-
sponse action or action required under applicable law to
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remediate petroleum products or their derivatives, the re-
sponse action or other action shall take priority.
SEC. 3. CONTINUATION OF RESPONSIBILITY AND LIABIL-
ITY OF THE SECRETARY OF THE ARMY FOR
ENVIRONMENTAL CLEANUP.
(a) RESPONSIBILITY.—The Secretary of the Army
shall, with respect to the real property at the Arsenal, re-
main liable for and continue to carry out—
(1) 
all 
response 
actions 
required 
under
CERCLA and other applicable provisions of law at
or related to the property, and
(2) all actions required under any other applica-
ble law to remediate petroleum products or their de-
rivatives (including motor oil and aviation fuel).
The liabilities and responsibilities of the Secretary of the
Army described in the preceding sentence shall not trans-
fer under any circumstances to the Secretary of Agri-
culture. The Secretary of Agriculture shall consult with
the Secretary of the Army with respect to the Secretary
of Agriculture’s management of real property subject to
any such response action or other action at the property
being carried out by or under the authority of the Sec-
retary of the Army under such provisions of law.
(b) LIABILITY.—(1) Subject to subsections (b)(3)
and (b)(4), nothing in this Act shall relieve, and no action
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may be taken under this Act to relieve, the Secretary of
the Army or any other person from any obligation or other
liability that they may have at the Arsenal under
CERCLA and other laws.
(2) After the transfer of jurisdiction under section
2(c), the Secretary of the Army shall retain any obligation
or other liability at the Arsenal that it may have under
CERCLA and other applicable laws and shall be accorded
all easements and access as may be reasonably required
to carry out such obligation or other liability.
(3) Subject to subsection (b)(4), the Secretary of Ag-
riculture shall not be responsible or liable for any costs
of response actions required under CERCLA at or related
to the Arsenal, or, with respect to non-compliance at or
related to the Arsenal by the Secretary of the Army of
any applicable environmental law, for any costs, penalties,
fines, costs of actions necessary to remedy such non-com-
pliance, or costs of other obligations. The Secretary of Ag-
riculture shall not be responsible or liable for any contami-
nation resulting from or related to conditions of the prop-
erty existing prior to transfer of the property, including
contamination arising from the operations of the Depart-
ment of the Army and its contractors. Contamination shall
include but not be limited to migration of hazardous sub-
stances, pollutants, contaminants, or petroleum products
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or their derivatives disposed during activities of the De-
partment of the Army.
(4) The Secretary of Agriculture shall be responsible
and liable only for and only to the extent of any other
contamination affirmatively introduced into the environ-
ment at the Arsenal by the Secretary of Agriculture or
the Department of Agriculture. The Secretary of Agri-
culture shall consult with the Secretary of the Army prior
to undertaking any activities 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.
(c) DEGREE OF CLEANUP.—Nothing in this Act shall
be construed to restrict or lessen the degree of cleanup
at the Arsenal required to be carried out under applicable
law. All response actions and other actions required under
any other statute to remediate petroleum products or their
derivatives (including motor oil and aviation fuel) carried
out at the Arsenal shall attain a degree of cleanup of haz-
ardous substances, pollutants, contaminants, and petro-
leum products or their derivatives that, at a minimum, is
sufficient to fully meet the purposes set forth in section
4(c) for which the MNP will be established.
(d) PAYMENT OF RESPONSE ACTION COSTS.—Any
Federal department or agency that had or has operations
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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.
(e) CONSULTATION.—In carrying out response ac-
tions at the Arsenal, the Secretary of the Army shall con-
sult with the Secretary of Agriculture to ensure that such
actions are carried out in a manner consistent with sec-
tions 4 (a), (b), and (d)–(i), and, to the extent practicable,
consistent with the purposes set forth in section 4(c) for
which the MNP will be established.
SEC. 4. ESTABLISHMENT 
OF 
THE 
MIDEWIN 
NATIONAL
TALLGRASS PRAIRIE.
(a) ESTABLISHMENT.—On the effective date of the
transfer of jurisdiction under section 2(c), there is thereby
established the Midewin National Tallgrass Prairie con-
sisting of the real property so transferred for administra-
tion by the Secretary of Agriculture.
(b) ADMINISTRATION.—(1) The Secretary of Agri-
culture 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 National Forests:
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Provided, That the Bankhead-Jones Farm Tenant Act of
1937 (7 U.S.C. 1010–1012) shall not apply to the MNP.
(2) Notwithstanding the provisions of section 7 of the
Land and Water Conservation Fund Act of 1965 (16
U.S.C. 4601–9), monies appropriated from the Land and
Water Conservation Fund shall be available for acquisition
of lands and interests therein for the MNP.
(3) In order to expedite the administration and public
use of the MNP, the Secretary of Agriculture may conduct
management activities at the MNP to effectuate the pur-
poses for which the MNP is established, as set forth in
subsection (c), in advance of the development of a land
and resource management plan for the MNP.
(4) In developing a land and resource management
plan for the MNP, the Secretary of Agriculture shall con-
sult with the Illinois Department of Conservation and local
governments adjacent to the MNP and provide an oppor-
tunity for public comment. Any parcel transferred to the
Secretary of Agriculture, pursuant to section 2(d) and
subsequent to the development of a land and resource
management plan for the MNP, may be managed in ac-
cordance with such plan without need for an amendment
thereto.
(c) 
PURPOSES
OF
THE
MIDEWIN
NATIONAL
TALLGRASS PRAIRIE.—The MNP is established to be
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managed for National Forest purposes, including the fol-
lowing:
(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.
(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.
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(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
pursuant to section 2 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
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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
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: Provided, That
nothing in this Act shall preclude the Secretary from
issuing agricultural special use authorizations or
grazing permits which are effective after twenty
years from the date of enactment of this Act for
purposes primarily related to erosion control, provi-
sion for food and habitat for fish and wildlife, or
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other resource management activities consistent with
the purposes of this Act.
(f) FEES.—The Secretary is authorized to charge
reasonable fees for the admission, occupancy and use of
the MNP and may prescribe a fee schedule providing for
reduced or a waiver of fees for persons or groups engaged
in authorized activities including those providing volunteer
services, research, or education: Provided, That the Sec-
retary shall permit admission, occupancy and use at no
additional charge for persons possessing a valid Golden
Eagle Passport or Golden Age Passport.
(g) 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.
(h) MIDEWIN NATIONAL TALLGRASS PRAIRIE RES-
TORATION FUND.—Monies received pursuant to sub-
section (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, as amended (16 U.S.C.
500). All monies not so distributed pursuant to said Acts,
and all other monies collected pursuant to subsections (f)
and (g) of this section shall be covered into the Treasury
and constitute a special fund to be known as the Midewin
National Tallgrass Prairie Restoration Fund (‘‘Fund’’).
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Deposits in this fund are appropriated and made available,
without need for further appropriation, until expended, for
use, with or without funds otherwise appropriated, for res-
toration and administration of the MNP, including but not
limited to: construction of a visitor and education center;
restoration of ecosystems; construction of recreational fa-
cilities such as trails; construction of administrative of-
fices; and operation and maintenance.
(i) 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, as amended, and the Forest and Range-
land Renewable Resources Research Act of 1978, as
amended. The objects of such cooperation may include
public education, land and resource protection, and coop-
erative management among government, corporate and
private landowners in a manner which furthers the pur-
poses of this Act. Activities conducted pursuant to this
subsection shall be exempt from the requirements of the
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Federal Advisory Committee Act (5 U.S.C. Appendix 2)
and the rules and regulations promulgated thereunder.
SEC. 5. DISPOSAL OF CERTAIN REAL PROPERTY AT THE
ARSENAL FOR INDUSTRIAL DEVELOPMENT, A
NATIONAL VETERANS CEMETERY, AND A
COUNTY LANDFILL.
(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 1,900 acres located at the Arsenal, the
approximate legal description of which includes part
of section 30, Jackson Township, T34N R10E, and
sections or part of sections 24, 25, 26, 35, and 36
Channahon Township, T34N R9E, Will County, Illi-
nois, as depicted in the Arsenal Land Use Concept
to be conveyed to the Village of Elwood, Illinois for
the purpose of an industrial park. Any funds re-
ceived by the Village of Elwood from the sale or
other transfer of this property, or portions thereof,
less any costs expended for improvements thereon,
shall be remitted to the Department of the Army.
Any sale or transfer of this property by the Village
of Elwood for the development of the industrial park
shall be at fair market value, as determined in ac-
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cordance with Federal appraisal standards and pro-
cedures.
(2) An area of real property consisting of ap-
proximately 1,100 acres, the approximate legal de-
scription of which includes part of sections 16, 17,
18 Florence Township, T33N R10E, Will County,
Illinois, as depicted in the Arsenal Land Use Con-
cept to be conveyed to the City of Wilmington, Illi-
nois, for the purpose of an industrial park. Any
funds received by the City of Wilmington from the
sale or other transfer of this property, or portions
thereof, less any costs expended for improvements
thereon, shall be remitted to the Department of the
Army. Any sale or transfer of this property by the
City of Wilmington for the development of the indus-
trial park shall be at fair market value, as deter-
mined in accordance with Federal appraisal stand-
ards and procedures.
(3) 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 to be operated
as a landfill by the County: Provided, That such ad-
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ditional acreage shall be added to the landfill as is
necessary to reasonably accommodate needs for the
disposal of refuse and other materials from the res-
toration 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 Federal Government.
(4) 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 an 36 Channahon Township,
T34N R9E, Will County, Illinois, as depicted in the
Arsenal Land Use Concept to be transferred to the
Department of Veterans Affairs in accordance with
all provisions of section 2337, Public Law 100–180.
(5) Pursuant to the requirements of subsection
(b) and section 2(a), the Secretary of the Army shall
transfer to the Administrator of the General Serv-
ices Administration the following areas: Manufactur-
ing 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
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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
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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 two industrial parks, national
cemetery and landfill described in subsections (a)(1),
(a)(2), (a)(3), and (a)(4).
(b) TRANSFER OF LANDS IN SUBSECTION (a)(5).—
Within 6 months of satisfying all cleanup and other re-
quirements contained in section 120(h) of the CERCLA
and in accordance with the requirements of section 2(a),
the Secretary of the Army shall offer the Secretary of Ag-
riculture the option of accepting a transfer of the areas
described in subsection (a)(5), without reimbursement, to
be added to the MNP as described in section 4 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 shall be
disposed of as surplus property under the provisions of
the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(c) ENVIRONMENTAL QUALITY OF THE PROPERTY.—
(1) Nothing in this section shall be construed to restrict
or lessen the degree of cleanup required to be carried out
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under applicable law at the property designated for dis-
posal under this section.
(2) The disposal of real property under this section
shall be carried out in compliance with all the provisions
of section 120(h) of the CERCLA and any other applica-
ble law.
Æ