H. R. 1530—423
mental law for matters which are related directly or indirectly
to activities of the Secretary of the Army at the Arsenal or any
party acting under the authority of the Secretary of the Army
at the Arsenal, including any of the following:
(1) Costs or performance of response actions required under
CERCLA at or related to the Arsenal.
(2) Costs, penalties, fines, or performance of actions related
to noncompliance with any environmental law at or related
to the Arsenal or related to the presence, release, or threat
of release of any hazardous substance, pollutant or contami-
nant, hazardous waste, or hazardous material of any kind
at or related to the Arsenal, including contamination resulting
from migration of a hazardous substance, pollutant or contami-
nant, hazardous waste, hazardous material, or petroleum prod-
ucts or their derivatives.
(3) Costs or performance of actions necessary to remedy
noncompliance or another problem specified in paragraph (2).
(c) LIABILITY OF OTHER PERSONS.—Nothing in this title shall
be construed to effect, modify, amend, repeal, alter, limit or other-
wise change, directly or indirectly, the responsibilities or liabilities
under any environmental law of any person (including the Secretary
of Agriculture), except as provided in subsection (b) with respect
to the Secretary of Agriculture.
(d) PAYMENT OF RESPONSE ACTION COSTS.—A Federal agency
that had or has operations at the Arsenal resulting in the release
or threatened release of a hazardous substance or pollutant or
contaminant for which that agency would be liable under any
environmental law, subject to the provisions of this subtitle, shall
pay the costs of related response actions and shall pay the costs
of related actions to remediate petroleum products or the derivatives
of the products, including motor oil and aviation fuel.
(e) CONSULTATION.—
(1) RESPONSIBILITY OF SECRETARY OF AGRICULTURE.—The
Secretary of Agriculture shall consult with the Secretary of
the Army with respect to the management by the Secretary
of Agriculture of real property included in the Midewin National
Tallgrass Prairie subject to any response action or other action
at the Arsenal being carried out by or under the authority
of the Secretary of the Army under any environmental law.
The Secretary 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 property.
(2) RESPONSIBILITY OF SECRETARY OF THE ARMY.—In carry-
ing 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 specified in section 2914(c), and the other
provisions of sections 2914 and 2915.
SEC. 2914. 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 Agri-
H. R. 1530—424
culture under section 2912(a), the Secretary of Agriculture shall
establish the Midewin National Tallgrass Prairie. The MNP shall—
(1) be administered by the Secretary of Agriculture; and
(2) consist of the real property so transferred and such
other portions of the Arsenal subsequently transferred under
section 2912(b) or 2916 or acquired under section 2914(d).
(b) ADMINISTRATION.—
(1) IN GENERAL.—The Secretary of Agriculture shall man-
age the Midewin National Tallgrass Prairie as a part of the
National Forest System in accordance with this title and the
laws, rules, and regulations pertaining to the National Forest
System, except 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 Secretary of Agriculture may conduct
management activities at the MNP to effectuate the purposes
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.
(3) LAND AND RESOURCE MANAGEMENT PLAN.—In developing
a land and resource management plan for the Midewin National
Tallgrass Prairie, the Secretary of Agriculture shall consult
with the Illinois Department of Natural Resources and local
governments adjacent to the MNP and provide an opportunity
for public comment. Any parcel transferred to the Secretary
of Agriculture under this title after the development of a land
and resource management plan for the MNP may be managed
in accordance with such plan without need for an amendment
to the plan.
(c) PURPOSES OF THE MIDEWIN NATIONAL TALLGRASS PRAIRIE.—
The Midewin National Tallgrass Prairie is established to be man-
aged 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 enhance the native popu-
lations and habitats of fish, wildlife, and plants.
(2) To provide opportunities for scientific, environmental,
and land use education and research.
(3) To allow the continuation of agricultural uses of lands
within the MNP consistent with section 2915(b).
(4) To provide a variety of recreation opportunities that
are not inconsistent with the preceding purposes.
(d) OTHER LAND ACQUISITION FOR MNP.—
(1) AVAILABILITY OF LAND ACQUISITION FUNDS.—Notwith-
standing section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–9), the Secretary of Agriculture
may use monies appropriated from the Land and Water Con-
servation Fund established under section 2 of such Act (16
U.S.C. 460l–5) for the acquisition of lands and interests in
land for inclusion in the Midewin National Tallgrass Prairie.
(2) ACQUISITION OF LANDS.—The Secretary of Agriculture
may acquire lands or interests therein for inclusion in the
Midewin National Tallgrass Prairie by donation, purchase, or
exchange, except that the acquisition of private lands for inclu-
sion in the MNP shall be on a willing seller basis only.
(e) COOPERATION WITH STATES, LOCAL GOVERNMENTS
AND
OTHER ENTITIES.—In the management of the Midewin National
H. R. 1530—425
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 cooperation may include cooperative agreements as well as
the exercise of the existing authorities of the Secretary under the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et
seq.) and the Forest and Rangeland Renewable Resources Research
Act of 1978 (16 U.S.C. 1641 et seq.). The objects of such cooperation
may include public education, land and resource protection, and
cooperative management among government, corporate, and private
landowners in a manner which furthers the purposes for which
the Midewin National Tallgrass Prairie is established.
SEC. 2915. 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 in this title shall preclude
construction and maintenance of roads for use within the MNP,
the granting of authorizations for utility rights-of-way under
applicable Federal law, or such access as is necessary. Nothing
in this title shall preclude necessary access by the Secretary of
the Army for purposes of restoration and cleanup as provided in
this title.
(b) AGRICULTURAL LEASES AND SPECIAL USE AUTHORIZATIONS.—
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
2912 or 2916 there exists any lease issued by the Secretary
of the Army or the Secretary of Defense for agricultural pur-
poses upon the parcel transferred, the Secretary of Agriculture
shall issue a special use authorization to supersede the lease.
The terms of the special use authorization shall be identical
in substance to the lease that the special use authorization
is superseding, including the expiration date and any payments
owed the United States. On issuance of the special use
authorization, the lease shall become void.
(2) In addition to the authority provided in paragraph
(1), the Secretary of Agriculture may issue special 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
appropriate.
(3) No agricultural special use authorization shall be issued
for agricultural purposes which has a term extending beyond
the date 20 years from the date of the enactment of this
title, except that nothing in this title shall preclude the Sec-
retary of Agriculture from issuing agricultural special use
authorizations or grazing permits which are effective after
twenty years from the date of enactment of this title for pur-
poses primarily related to erosion control, provision for food
and habitat for fish and wildlife, or other resource management
H. R. 1530—426
activities consistent with the purposes of the Midewin National
Tallgrass Prairie.
(c) TREATMENT
OF RENTAL FEES.—Monies received under a
special use authorization issued under subsection (b) shall be subject
to distribution to the State of Illinois and affected counties pursuant
to the Act of May 23, 1908, and section 13 of the Act of March
1, 1911 (16 U.S.C. 500). All monies not distributed pursuant to
such Acts shall be covered into the Treasury and shall constitute
a special fund (to be known as the ‘‘MNP Rental Fee Account’’).
The Secretary of Agriculture may use amounts in the fund, until
expended and without fiscal year limitation, to cover the cost to
the United States of prairie improvement work at the Midewin
National Tallgrass Prairie. Any amounts in the fund that the Sec-
retary of Agriculture 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 the transfer is made.
(d) USER FEES.—The Secretary of Agriculture 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 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 Secretary pursuant to this title.
(f) TREATMENT OF USER FEES AND SALVAGE RECEIPTS.—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’’). The Sec-
retary of Agriculture may use amounts in the fund, in such amounts
as are provided in advance in appropriation Acts, for restoration
and administration of the Midewin National Tallgrass Prairie,
including construction of a visitor and education center, restoration
of ecosystems, construction of recreational facilities (such as trails),
construction of administrative offices, and operation and mainte-
nance of the MNP. The Secretary of Agriculture shall include the
MNP among the areas under the jurisdiction of the Secretary
selected for inclusion in any cost recovery or any pilot program
of the Secretary for the collection, use, and distribution of user
fees.
SEC. 2916. SPECIAL TRANSFER RULES FOR CERTAIN ARSENAL PAR-
CELS INTENDED FOR MNP.
(a) DESCRIPTION
OF PARCELS.—The following areas of the
Arsenal may be transferred under this section:
(1) Study Area 2, explosive burning ground.
(2) Study Area 3, flashing ground.
(3) Study Area 4, lead azide area.
(4) Study Area 10, toluene tank farms.
(5) Study Area 11, landfill.
(6) Study Area 12, sellite manufacturing area.
(7) Study Area 14, former pond area.
(8) Study Area 15, sewage treatment plan.