[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3433 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3433

To transfer Federal lands between the Secretary of Agriculture and the 
                       Secretary of the Interior.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2003

 Mrs. Emerson introduced the following bill; which was referred to the 
     Committee on Resources, and in addition to the Committees on 
   Agriculture, and Education and the Workforce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
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 
        Conservation 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 Government 
        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 
        Federal, State and local laws (including regulations) and 
        requirements related to protection of human health, natural 
        resources, or the environment, including but not limited to: 
        the Comprehensive 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 
        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.); 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;
            (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, 
        Sec. Sec. 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 approximately 87 
acres in Stoddard County, Missouri, as generally depicted on a map 
entitled ``Mingo National Wildlife Refuge'', dated September 17, 2002, 
to be precisely identified in accordance with subsection (c) of this 
section, is hereby transferred, without consideration, from the 
Secretary of the Interior to the Secretary of Agriculture.
    (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 
        transferred 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 corrections 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.--
            (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 obligations 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 
        administration 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 operation 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 agreements 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 
        Official 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 transferred 
        real property and facilities.
    (g) Transfer of Personal Property.--
            (1) In general.--All federally owned personal property 
        present at the Center is hereby transferred without 
        consideration 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 
        Program, 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 property 
        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, 
        equipment, maintenance supplies, and publications.
            (4) Exclusion of property.--At the request of the 
        authorized 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 enactment 
        of this Act, 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, 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 Wildlife 
        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 available.
    (b) Actions Required.--
            (1) Assessment.--Within 120 days after the date of 
        enactment of this Act, 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, 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--
                    (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 assessment, 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 
        reasonably 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, Compensation, 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, 
        modifies, 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 operations 
at the Center resulting in the violation of an environmental authority 
shall be responsible for all costs associated with corrective actions 
and subsequent remediation.

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 
        retirement, 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 
        accumulated during their Federal Government employment;
            (4) shall retain their existing level of competitive 
        employment 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.
                                 <all>