[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.