[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1814 Enrolled Bill (ENR)]

        S.1814

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.