A bill to transfer federal lands between the Secretary of Agriculture and the Secretary of the Interior.
PL 108-341 (S.1814), enacted 10/18/2004

118 STAT. 1364
PUBLIC LAW 108–341—OCT. 18, 2004
Public Law 108–341
108th Congress
An Act
To transfer Federal lands between the Secretary of Agriculture and the Secretary
of the Interior.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PURPOSES AND DEFINITIONS.
(a) PURPOSES.—The purposes of this Act are—
(1) to transfer administrative jurisdiction of certain Federal
lands in Missouri from the Secretary of the Interior to the
Secretary of Agriculture for continued Federal operation of
the Mingo Job Corps Civilian Conservation Center; and
(2) to not change the Secretary of Labor’s role or authority
regarding this Job Corps Center.
(b) DEFINITIONS.—For the purposes of this Act—
(1) ‘‘Center’’ means the Mingo Job Corps Civilian Conserva-
tion Center in Stoddard County, Missouri, referenced in section
2(a) of this Act;
(2) ‘‘eligible employee’’ means a person who, as of the
date of enactment of this Act, is a full-time, part-time, or
intermittent annual or per hour permanent Federal Govern-
ment employee of the Fish and Wildlife Service at the Mingo
Job Corps Civilian Conservation Center, including the two fully
funded Washington Office Job Corps support staff;
(3) ‘‘Environmental Authorities’’ mean all applicable Fed-
eral, State and local laws (including regulations) and require-
ments related to protection of human health, natural resources,
or the environment, including but not limited to: the Com-
prehensive 
Environmental 
Response, 
Compensation 
and
Liability Act of 1980 (42 U.S.C. 9601, et seq.); the Solid Waste
Disposal Act (42 U.S.C. 6901, et seq.); the Federal Water Pollu-
tion 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.); the Safe Drinking Water
Act (42 U.S.C. 300f, et seq.); and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321, et seq.);
(4) ‘‘U.S. Fish and Wildlife Service’’ means the United
States Fish and Wildlife Service as referenced at title 16, United
States Code, section 742b(b);
(5) ‘‘Forest Service’’ means the Department of Agriculture
Forest Service as established by the Secretary of Agriculture
pursuant to the authority of title 16, United States Code, section
551;
Missouri.
Oct. 18, 2004
[S. 1814]
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00228
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1365
PUBLIC LAW 108–341—OCT. 18, 2004
(6) ‘‘Job Corps’’ means the national Job Corps program
established within the Department of Labor, as set forth in
the Workforce Investment Act of 1998, Public Law No. 105–
220, §§ 141–161, 112 Stat. 1006–1021 (1998) (codified at 29
U.S.C. 2881–2901);
(7) ‘‘National Forest System’’ means that term as defined
at title 16, United States Code, section 1609(a); and
(8) ‘‘National Wildlife Refuge System’’ means that term
as defined at title 16, United States Code, section 668dd.
SEC. 2. TRANSFER OF ADMINISTRATION.
(a) TRANSFER OF CENTER.—Administrative jurisdiction over the
Mingo Job Corps Civilian Conservation Center, comprising approxi-
mately 87 acres in Stoddard County, Missouri, as generally depicted
on a map entitled ‘‘Mingo National Wildlife Refuge’’, dated Sep-
tember 17, 2002, to be precisely identified in accordance with
subsection (c) of this section, is hereby transferred, without consider-
ation, from the Secretary of the Interior to the Secretary of Agri-
culture.
(b) MAPS AND LEGAL DESCRIPTIONS.—
(1) The map referenced in this section shall be on file
and available for public inspection in the Office of the Chief,
Forest Service, Washington, DC, and in the office of the Chief
of Realty, U.S. Fish and Wildlife Service, Arlington, Virginia.
(2) Not later than 180 days after the date of enactment
of this Act, the Secretary of the Interior, in consultation with
the Secretary of Agriculture, shall file a legal description and
map of all of the lands comprising the Center and being trans-
ferred by section 2(a) of this Act with the Committee on
Resources of the United States House of Representatives and
the Committee on Environment and Public Works of the United
States Senate, and such description and map shall have the
same force and effect as if included in this Act, except that
the Secretary of the Interior may make typographical correc-
tions as necessary.
(c) APPLICABLE LAWS.—
(1) Subject to section 3, the Center transferred pursuant
to subsection (a) shall be administered by the Secretary of
Agriculture and shall be subject to the laws and regulations
applicable to the National Forest System.
(2) This transfer shall not conflict or interfere with any
laws and regulations applicable to Job Corps.
SEC. 3. IMPLEMENTATION OF TRANSFER.
(a) REVERSION REQUIREMENT.—
(1) In the event that the Center is no longer used or
administered for Job Corps purposes, as concurred to by the
Secretary of Labor, the Secretary of Agriculture shall so notify
the Secretary of the Interior, and the Secretary of the Interior
shall have 180 days from the date of such notice to exercise
discretion to reassume jurisdiction over such lands.
(2) The reversionary provisions of subsection (a) shall be
effected, without further action by the Congress, through a
Letter of Transfer executed by the Chief, Forest Service, and
the Director, United States Fish and Wildlife Service, and
with notice thereof published in the Federal Register within
60 days of the date of the Letter of Transfer.
(b) AUTHORIZATIONS.—
Federal Register,
publication.
Deadline.
Notification.
Deadline.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00229
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1366
PUBLIC LAW 108–341—OCT. 18, 2004
(1) IN GENERAL.—A permit or other authorization granted
by the U.S. Fish and Wildlife Service on the Center that is
in effect on the date of enactment of this Act will continue
with the concurrence of the Forest Service.
(2) REISSUANCE.—A permit or authorization described in
paragraph (1) may be reissued or terminated under terms and
conditions prescribed by the Forest Service.
(3) EXERCISE OF RIGHTS.—The Forest Service may exercise
any of the rights of the U.S. Fish and Wildlife Service contained
in any permit or other authorization, including any right to
amend, modify, and revoke the permit or authorization.
(c) CONTRACTS.—
(1) EXISTING CONTRACTS.—The Forest Service is authorized
to undertake all rights and obligations of the U.S. Fish and
Wildlife Service under contracts entered into by the U.S. Fish
and Wildlife Service on the Center that is in effect on the
date of enactment of this Act.
(2) NOTICE
OF
NOVATION.—The Forest Service shall
promptly notify all contractors that it is assuming the obliga-
tions of the U.S. Fish and Wildlife Service under such contracts.
(3) DISPUTES.—Any contract disputes under the Contracts
Disputes Act (41 U.S.C. 601, et seq.) regarding the administra-
tion of the Center and arising prior to the date of enactment
of this Act shall be the responsibility of the U.S. Fish and
Wildlife Service.
(d) MEMORANDUM OF AGREEMENT.—
(1) IN
GENERAL.—The Chief, Forest Service, and the
Director, U.S. Fish and Wildlife Service, are authorized to
enter 
into 
a 
memorandum 
of 
agreement 
concerning
implementation of this Act, including procedures for—
(A) the orderly transfer of employees of the U.S. Fish
and Wildlife Service to the Forest Service;
(B) the transfer of property, fixtures, and facilities;
(C) the transfer of records;
(D) the maintenance and use of roads and trails; and
(E) other transfer issues.
(e) AGREEMENTS WITH THE SECRETARY OF LABOR.—In the oper-
ation of the Center, the Forest Service will undertake the rights
and obligations of the U.S. Fish and Wildlife Service with respect
to existing agreements with the Secretary of Labor pursuant to
Public Law 105–220 (29 U.S.C. 2887, et seq.), and the Forest
Service will be the responsible agency for any subsequent agree-
ments or amendments to existing agreements.
(f) RECORDS.—
(1) AREA MANAGEMENT RECORDS.—The Forest Service shall
have access to all records of the U.S. Fish and Wildlife Service
pertaining to the management of the Center.
(2) PERSONNEL RECORDS.—The personnel records of eligible
employees transferred pursuant to this Act, including the Offi-
cial Personnel Folder, Employee Performance File, and other
related files, shall be transferred to the Forest Service.
(3) LAND
TITLE
RECORDS.—The U.S. Fish and Wildlife
Service shall provide to the Forest Service records pertaining
to land titles, surveys, and other records pertaining to trans-
ferred real property and facilities.
(g) TRANSFER OF PERSONAL PROPERTY.—
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00230
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1367
PUBLIC LAW 108–341—OCT. 18, 2004
(1) IN
GENERAL.—All federally owned personal property
present at the Center is hereby transferred without consider-
ation to the jurisdiction of the Forest Service, except that
with regard to personal property acquired by the Fish and
Wildlife Service using funds provided by the Department of
Labor under the Job Corps program, the Forest Service shall
dispose of any such property in accordance with the procedures
stated in section 7(e) of the 1989 Interagency Agreement for
Administration of Job Corps Civilian Conservation Center Pro-
gram, as amended, between the Department of Labor and the
Department of the Interior.
(2) INVENTORY.—Not later than 60 days after the date
of enactment of this Act, the U.S. Fish and Wildlife Service
shall provide the Forest Service with an inventory of all prop-
erty and facilities at the Center.
(3) PROPERTY INCLUDED.—Property under this subsection
includes, but is not limited to, buildings, office furniture and
supplies, computers, office equipment, vehicles, tools, equip-
ment, maintenance supplies, and publications.
(4) EXCLUSION OF PROPERTY.—At the request of the author-
ized representative of the U.S. Fish and Wildlife Service, the
Forest Service may exclude movable property from transfer
based on a showing by the U.S. Fish and Wildlife Service
that the property is needed for the mission of the U.S. Fish
and Wildlife Service, cannot be replaced in a cost-effective
manner, and is not needed for management of the Center.
SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORITIES.
(a) DOCUMENTATION OF EXISTING CONDITIONS.—
(1) IN GENERAL.—Within 60 days after the date of enact-
ment of this Act, the U.S. Fish and Wildlife Service shall
provide the Forest Service and the Office of Job Corps, Employ-
ment and Training Administration, Department of Labor, all
reasonably ascertainable documentation and information that
exists on the environmental condition of the land comprising
the Center.
(2) ADDITIONAL DOCUMENTATION.—The U.S. Fish and Wild-
life Service shall provide the Forest Service and the Office
of Job Corps, Employment and Training Administration,
Department of Labor, with any additional documentation and
information regarding the environmental condition of the
Center as such documentation and information becomes avail-
able.
(b) ACTIONS REQUIRED.—
(1) ASSESSMENT.—Within 120 days after the date of enact-
ment of this Act, the U.S. Fish and Wildlife Service shall
provide the Forest Service and the Office of Job Corps, Employ-
ment and Training Administration, Department of Labor, an
assessment, consistent with ASTM Standard E1527, indicating
what action, if any, is required on the Center under any
Environmental Authorities.
(2) MEMORANDUM OF AGREEMENT.—If the findings of the
environmental assessment indicate that action is required
under applicable Environmental Authorities with respect to
any portion of the Center, the Forest Service and the U.S.
Fish and Wildlife Service shall enter into a memorandum of
agreement that—
Deadline.
Deadline.
Deadline.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00231
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1368
PUBLIC LAW 108–341—OCT. 18, 2004
(A) provides for the performance by the U.S. Fish and
Wildlife Service of the required actions identified in the
environmental assessment; and
(B) includes a schedule for the timely completion of
the required actions to be taken as agreed to by U.S.
Fish and Wildlife Service and Forest Service.
(c) DOCUMENTATION OF ACTIONS.—After a mutually agreeable
amount of time following completion of the environmental assess-
ment, but not exceeding 180 days from such completion, the U.S.
Fish and Wildlife Service shall provide the Forest Service and
the Office of Job Corps, Employment and Training Administration,
Department of Labor, with documentation demonstrating that all
actions required under applicable Environmental Authorities have
been taken that are necessary to protect human health and the
environment with respect to any hazardous substance, pollutant,
contaminant, hazardous waste, hazardous material, or petroleum
product or derivative of a petroleum product on the Center.
(d) CONTINUATION OF RESPONSIBILITIES AND LIABILITIES.—
(1) IN
GENERAL.—The transfer of the Center and the
requirements of this section shall not in any way affect the
responsibilities and liabilities of the U.S. Fish and Wildlife
Service at the Center under any applicable Environmental
Authorities.
(2) ACCESS.—At all times after the date of enactment of
this Act, the U.S. Fish and Wildlife Service and its agents
shall be accorded any access to the Center that may be reason-
ably required to carry out the responsibility or satisfy the
liability referred to in paragraph (1).
(3) NO LIABILITY.—The Forest Service shall not be liable
under any applicable Environmental Authorities for matters
that are related directly or indirectly to activities of the U.S.
Fish and Wildlife Service or the Department of Labor on the
Center occurring on or before the date of enactment of this
Act, including liability for—
(A) costs or performance of response actions required
under the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 9601, et
seq.) at or related to the Center; or
(B) costs, penalties, fines, or performance of actions
related to noncompliance with applicable Environmental
Authorities at or related to the Center or related to the
presence, release, or threat of release of any hazardous
substance, pollutant, or contaminant, hazardous waste,
hazardous material, or petroleum product or derivative
of a petroleum product of any kind at or related to the
Center, including contamination resulting from migration.
(4) NO EFFECT ON RESPONSIBILITIES OR LIABILITIES.—Except
as provided in paragraph (3), nothing in this title affects, modi-
fies, amends, repeals, alters, limits or otherwise changes,
directly or indirectly, the responsibilities or liabilities under
applicable Environmental Authorities with respect to the Forest
Service after the date of enactment of this Act.
(e) OTHER FEDERAL AGENCIES.—Subject to the other provisions
of this section, a Federal agency that carried or carries out oper-
ations at the Center resulting in the violation of an environmental
authority shall be responsible for all costs associated with corrective
actions and subsequent remediation.
Deadline.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00232
Fmt 6580
Sfmt 6581
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2
118 STAT. 1369
PUBLIC LAW 108–341—OCT. 18, 2004
LEGISLATIVE HISTORY—S. 1814:
HOUSE REPORTS: No. 108–716, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Apr. 20, considered and passed Senate.
Oct. 4, considered and passed House.
SEC. 5. PERSONNEL.
(a) IN GENERAL.—
(1) EMPLOYMENT.—Notwithstanding section 3503 of title
5, United States Code, the Forest Service will accept the
transfer of eligible employees at their current pay and grade
levels to administer the Center as of the date of enactment
of this Act.
(b) TRANSFER-APPOINTMENT IN THE FOREST SERVICE.—Eligible
employees will transfer, without a break in Federal service and
without competition, from the Department of the Interior, U.S.
Fish and Wildlife Service, to the Department of Agriculture, Forest
Service, upon an agreed date by both agencies.
(c) EMPLOYEE BENEFIT TRANSITION.—Employees of the U.S.
Fish and Wildlife Service who transfer to the Forest Service—
(1) shall retain all benefits and/or eligibility for benefits
of Federal employment without interruption in coverage or
reduction in coverage, including those pertaining to any retire-
ment, Thrift Savings Plan (TSP), Federal Employee Health
Benefit (FEHB), Federal Employee Group Life Insurance
(FEGLI), leave, or other employee benefits;
(2) shall retain their existing status with respect to the
Civil Service Retirement System (CSRS) or the Federal
Employees Retirement System (FERS);
(3) shall be entitled to carry over any leave time accumu-
lated during their Federal Government employment;
(4) shall retain their existing level of competitive employ-
ment status and tenure; and
(5) shall retain their existing GM, GS, or WG grade level
and pay.
SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS.
(a) The U.S. Fish and Wildlife Service and the Forest Service
will cover their own costs in implementing this Act.
(b) There is hereby authorized to be appropriated such sums
as may be necessary to carry out this Act.
Approved October 18, 2004.
VerDate 11-MAY-2000
08:28 Nov 10, 2005
Jkt 029194
PO 00000
Frm 00233
Fmt 6580
Sfmt 6580
C:\STATUTES\2004\29194PT2.001
APPS10
PsN: 29194PT2