I
104TH CONGRESS
1ST SESSION
H. R. 714
To establish the Midewin National Tallgrass Prairie in the State of Illinois,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 26, 1995
Mr. WELLER introduced the following bill; which was referred to the Commit-
tee on Agriculture and, in addition, to the Committees on National Secu-
rity, Commerce, and Transportation and Infrastructure, for a period to
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
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 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.
Planning Commission and unanimously approved on April
8, 1994.
(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 other action required under envi-
ronmental law to remediate petroleum products or
their derivatives, the response action or other such
action shall take priority.
(f) SURVEYS.—All costs of necessary surveys for the
transfer of jurisdiction of Arsenal property from the Sec-
retary of the Army to the Secretary of Agriculture shall
be shared equally by the two Secretaries.
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 applicable en-
vironmental law of any person (including the Sec-
retary of Agriculture), except as provided in para-
graph (3) with respect to the Secretary of Agri-
culture.
(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 statutes to remediate petroleum prod-
ucts or their derivatives, including motor oil and aviation
fuel.
(d) CONSULTATION.—The Secretary of Agriculture
shall consult with the Secretary of the Army with respect
to the Secretary of Agriculture’s management of real prop-
erty included in the 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 conserve and enhance populations and
habitats of fish, wildlife, and plants, including popu-
lations of grassland birds, raptors, passerines, and
marsh and water birds.
(2) To restore and enhance, where practicable,
habitat for species listed as proposed, threatened or
endangered under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(3) To provide fish and wildlife oriented public
uses at levels compatible with the conservation, en-
hancement and restoration of native wildlife and
plants and their habitats.
(4) To provide opportunities for scientific re-
search.
(5) To provide opportunities for environmental
and land use education.
(6) To manage the land and water resources of
the MNP in a manner that will conserve and en-
hance the natural diversity of native fish, wildlife,
and plants.
(7) To conserve and enhance the quality of
aquatic habitat.
(8) To provide for public recreation insofar as
such recreation is compatible with the other pur-
poses for which the MNP is established.
(d) 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 is
authorized and encouraged to cooperate with appropriate
Federal, State and local governmental agencies, private
organizations and corporations. Such cooperation may in-
clude 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 Research Act of 1978.
The objects of such cooperation may include public edu-
cation, land and resource protection, and cooperative man-
agement among government, corporate and private land-
owners 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. Such special use authorizations shall re-
quire payment of a rental fee, in advance, that is
based on the fair market value of the use allowed.
Fair market value shall be determined by appraisal
or a competitive bidding process. Special use author-
izations issued pursuant to this paragraph shall in-
clude terms and conditions as the Secretary of Agri-
culture may deem appropriate.
(3) No agricultural special use authorization
shall be issued for agricultural purposes which has
a term extending beyond the date twenty years from
the date of enactment of this Act, except that noth-
ing in this Act shall preclude the Secretary from is-
suing agricultural special use authorizations or graz-
ing permits which are effective after twenty years
from the date of enactment of this Act for purposes
primarily related to erosion control, provision for
food and habitat for fish and wildlife, or other re-
source management activities consistent with the
purposes of the 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 is hereby appropriated and
made available until expended, to cover the cost to the
United States of such prairie-improvement work as the
Secretary of Agriculture may direct. Any portion of any
deposit made to the fund which the Secretary of Agri-
culture 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 is authorized to
charge reasonable fees for the admission, occupancy, 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 authorized activi-
ties including those providing volunteer services, research,
or education. The Secretary shall permit admission, occu-
pancy, and use at no additional charge for persons pos-
sessing 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 of Agriculture 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,
which are hereby appropriated and made available until
expended, shall be used for restoration and administration
of the Midewin National Tallgrass Prairie, including con-
struction of a visitor and education center, restoration of
ecosystems, construction of recreational facilities (such as
trails), construction of administrative offices, and oper-
ation and maintenance of the MNP.
(g) USE OF GROUND WATER RESOURCES.—The Sec-
retary of Agriculture shall develop a plan to provide Will
County, Illinois, and local jurisdictions in the county with
reasonable access to, and use of, ground water through
the system of water wells in existence on the date of the
enactment of this Act and located on portions of Arsenal
property to be included in the Midewin National Tallgrass
Prairie. The Secretary shall develop the water access and
use plan in consultation with the Board of Commissioners
of Will County, the redevelopment authority established
pursuant to section 203(c), and representatives of the af-
fected jurisdictions.
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, Doyle Lake: Study Area L12, 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, Extraction Pits: Study Area L31, PVC Area:
Study Area L33, Former Burning Area: Study Area
L34, Fill Area: Study Area L35, including all asso-
ciated inventoried buildings and structures as identi-
fied in the Joliet Army Ammunition Plant Plantwide
Building and Structures Report 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,
Phase 2 Remedial Investigation Manufacturing
(MFG) Area Joliet Army Ammunition Plant Joliet,
Illinois (May 30, 1993. Contract No. DAAA15–90–
D–0015 task order No. 6 prepared for: United
States Army Environmental Center).
(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.—Not later than 6 months
after the date of the enactment of this Act, the Secretary
of the Army shall transfer, without reimbursement, to the
Secretary of Veterans Affairs the parcel of real property
at the Arsenal described in subsection (b) for use as a
national cemetery. Subsections (b) and (c) of section 2337
of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (Public Law 101–180; 101 Stat.
1225) shall apply to the transfer.
(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 910
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 such Secretary and that may en-
danger 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 shared equally by the two Secretaries.
SEC. 202. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSE-
NAL FOR A COUNTY LANDFILL.
(a) TRANSFER REQUIRED.—The Secretary of the
Army shall transfer, without compensation, to the County
of Will, Illinois, all right, title, and interest 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—
(1) approximately 425 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; and
(2) such additional acreage at the Arsenal 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.
(c) USE OF LANDFILL.—The use by any agency of
the Federal Government (or its agents or assigns) of the
landfill established on the real property described in sub-
section (b)(2) shall be at no cost to the Federal Govern-
ment.
(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 determines that the conveyed real property is not
being operated as a landfill or that the Federal Govern-
ment (or its agents or assigns) is denied reasonable access
to the portion of the landfill described in subsection (b)(2),
all right, title and interest in and to the property, includ-
ing improvements thereon, shall revert to the United
States. The United States shall have the right of imme-
diate entry onto the property. Any determination of the
Secretary 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 the Secretary of the Army.
(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 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 subsection
(c), the Secretary of the Army shall transfer, without com-
pensation, to the State of Illinois, all right, title, and inter-
est of the United States in and to the parcel of real prop-
erty at the Arsenal described in subsection (b), which shall
be used for economic redevelopment to replace all or a part
of the economic activity 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 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, Illinois, as depicted in the Arsenal
Land Use Concept; and
(2) approximately 1,100 acres, the approximate
legal description of which includes part of sections
16, 17, 18 Florence Township, T33N R10E, Will
County, Illinois, as depicted in the Arsenal Land
Use Concept.
(c) CONDITION OF CONVEYANCE.—
(1) REDEVELOPMENT
AUTHORITY.—The con-
veyance under subsection (a) shall be subject to the
condition that the Governor of the State of Illinois
establish a redevelopment authority to be responsible
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.
(d) REVERSIONARY INTEREST.—During the 5-year
period beginning on the date the Secretary makes the con-
veyance under subsection (a), if the Secretary determines
that the conveyed real property is not being used for eco-
nomic redevelopment or that the redevelopment authority
established under subsection (c) is not overseeing such re-
development, all right, title and interest in and to the
property, including improvements thereon, shall revert to
the United States. 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.
(e) SURVEYS.—All costs of necessary surveys for the
transfer of real property under this section shall be borne
by the Secretary of the Army.
(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 considers appropriate to protect
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 shall not restrict or
lessen in any way response action or degree of cleanup
under CERCLA or other environmental law, or any re-
sponse action required under any environmental law to re-
mediate petroleum products or their derivatives (including
motor oil and aviation fuel), required to be carried out
under the authority of the Secretary of the Army at the
Arsenal and surrounding areas.
(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.
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HR 717 IH——2
HR 717 IH——3