[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4946 Introduced in House (IH)]
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 Representatives 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 Administrator of
the United States Environmental Protection Agency.
(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 Response, 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 amendments and implementing
regulations of such Acts, and any other laws, regulations, and
requirements related to protection of human health or the
environment.
(4) The terms ``applicable environmental law'' and
``applicable environmental laws'' mean all applicable 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.
(6) The acronym ``CERCLA'' means the Comprehensive
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 pursuant to section 4 and managed
as a part of the National 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 meaning 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 Department of Veterans
Affairs National Cemetery System and subject to the provisions
of chapter 24 of title 38, United States Code.
SEC. 2. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER
THE JOLIET ARSENAL.
(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 Citizen Planning Commission and
unanimously approved 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 Agriculture of those
portions of the Arsenal so transferred 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 Secretary of
Agriculture shall not be liable or responsible for
contamination resulting from or related to the condition of the
property existing prior to transfer of the property, including
but not limited to migration of hazardous substances,
pollutants, contaminants, or petroleum products or their
derivatives disposed during activities of the Department of the
Army.
(5) The Secretary of the Army shall be responsible 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 Secretary 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 Agriculture.--Prior to
transfer and subject to such reasonable 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 planning,
resource inventory, fish and wildlife habitat manipulation (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
responsible 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 follows:
(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 paragraph (1) of
subsection (c) shall be identified 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
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 transfer of
jurisdiction of properties among Federal agencies shall be
shared equally by the Secretary of the 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 Cleanup 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 applicable environmental law to remediate
contamination or conditions 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
consistent 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 response action or action required
under applicable law to remediate petroleum products or their
derivatives, the response action or other action shall take priority.
SEC. 3. CONTINUATION OF RESPONSIBILITY AND LIABILITY 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, remain 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 applicable law to
remediate petroleum products or their derivatives (including
motor oil and aviation fuel).
The liabilities and responsibilities of the Secretary of the Army
described in the preceding sentence shall not transfer under any
circumstances to the Secretary of Agriculture. 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 Secretary 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 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 Agriculture
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-compliance, or
costs of other obligations. The Secretary of Agriculture shall not be
responsible or liable for any contamination resulting from or related
to conditions of the property existing prior to transfer of the
property, including contamination arising from the operations of the
Department of the Army and its contractors. Contamination shall include
but not be limited to migration of hazardous substances, pollutants,
contaminants, or petroleum products or their derivatives disposed
during activities of the Department 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 environment at the Arsenal by the
Secretary of Agriculture or the Department of Agriculture. The
Secretary of Agriculture shall consult with the Secretary of the Army
prior to undertaking any activities 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.
(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
hazardous substances, pollutants, contaminants, and petroleum 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 at the Arsenal resulting in the
release or threatened release of hazardous substances, pollutants, or
contaminants shall pay the cost of related response actions or related
actions under other statutes to remediate petroleum products or their
derivatives, including motor oil and aviation fuel.
(e) Consultation.--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 sections 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 consisting of the real property so
transferred for administration by the Secretary of Agriculture.
(b) Administration.--(1) The Secretary of Agriculture 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: 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 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.
(4) In developing a land and resource management plan for the MNP,
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 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 accordance with such plan without need for an amendment
thereto.
(c) Purposes of the Midewin National Tallgrass Prairie.--The MNP is
established to be managed for National Forest purposes, including the
following:
(1) To conserve and enhance populations and habitats of
fish, wildlife, and plants, including populations 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, enhancement and
restoration of native wildlife and plants and their habitats.
(4) To provide opportunities for scientific research.
(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 enhance 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 purposes 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 preclude 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 Authorizations.--Within the
MNP, 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 pursuant to
section 2 there exists any lease issued by the Department of
the Army, Department of Defense, 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 special use
authorizations to persons for use of the MNP for agricultural
purposes. Such special use authorizations 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 determined
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, provision for food and habitat for
fish and wildlife, or 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
Secretary 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 Secretary of Agriculture pursuant to this Act.
(h) Midewin National Tallgrass Prairie Restoration Fund.--Monies
received pursuant to subsection (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'').
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 restoration and administration of the
MNP, including but not limited to: construction of a visitor and
education center; restoration of ecosystems; construction of
recreational facilities such as trails; construction of administrative
offices; and operation and maintenance.
(i) Cooperation with States, Local Governments and Other
Entities.--In the management of the MNP, the Secretary 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, as amended, and the Forest and
Rangeland Renewable Resources Research Act of 1978, as amended. 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 of this Act. Activities conducted pursuant to this subsection
shall be exempt from the requirements of the 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 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 to be
conveyed to the Village of Elwood, Illinois for the purpose of
an industrial park. Any funds received 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 accordance with Federal appraisal
standards and procedures.
(2) An area of real property consisting of 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 to be conveyed to the City of Wilmington, Illinois,
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 industrial park shall be
at fair market value, as determined in accordance with Federal
appraisal standards and procedures.
(3) An area of real property consisting of 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
to be conveyed to the County of Will to be operated as a
landfill by the County: Provided, That such additional acreage
shall be added to the landfill as is necessary to reasonably
accommodate needs for the disposal of refuse and other
materials from the restoration 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 approximately
910 acres, the approximate legal description 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 Services Administration the
following areas: Manufacturing 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 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, 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 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, including all associated inventoried
buildings and structures as identified 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); 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 requirements 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
Agriculture 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 under applicable law at the property
designated for disposal 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 applicable law.
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