[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                 ILLINOIS LAND CONSERVATION ACT OF 1994

  Mr. de la GARZA. Mr. Speaker, I ask unanimous consent that the 
Committee on Agriculture, the Committee on Armed Services, and the 
Committee on Energy and Commerce be discharged from further 
consideration of the bill (H.R. 4946) to establish the Midewin National 
Tallgrass Prairie in the State of Illinois, and for other purposes, and 
ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 4946

       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.

   amendment in the nature of a substitute offered by mr. de la garza

  Mr. de la GARZA. Mr. Speaker, I offer an amendment in the nature of a 
substitute.
  The Clerk read as follows:

       Amendment in the nature of a substitute offered by Mr. de 
     la Garza:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Illinois 
     Land Conservation Act of 1994''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Transfer of management responsibilities and jurisdiction over 
              the Arsenal.
Sec. 4. Continuation of responsibility and liability of the Secretary 
              of the Army for environmental cleanup.
Sec. 5. Establishment of the Midewin National Tallgrass Prairie.
Sec. 6. Disposal of certain real property at the Arsenal for a national 
              veterans cemetery and a county landfill and to the 
              Administrator of General Services.
Sec. 7. Degree of environmental cleanup.

     SEC. 2. 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 term ``Arsenal'' means the Joliet Army Ammunition 
     Plant located in the State of Illinois.
       (4) The acronym ``CERCLA'' means the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.).
       (5) The term ``environmental law'' means all applicable 
     Federal, State, and local laws, regulations, and requirements 
     related to protection of human health, natural and cultural 
     resources, or the environment, including CERCLA, 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.), and the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.).
       (6) The term ``hazardous substance'' has the meaning given 
     such term by section 101(14) of CERCLA (42 U.S.C. 9601(14)).
       (7) The abbreviation ``MNP'' means the Midewin National 
     Tallgrass Prairie established pursuant to section 5 and 
     managed as a part of the National Forest System.
       (8) The term ``national cemetery'' means a cemetery 
     established and operated as part of the National Cemetery 
     System of the Department of Veterans Affairs and subject to 
     the provisions of chapter 24 of title 38, United States Code.
       (9) The term ``person'' has the meaning given such 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 ``release'' has the meaning given such term 
     by section 101(22) of CERCLA (42 U.S.C. 9601(22))
       (12) The term ``response action'' has the meaning given 
     such term by section 101(25) of CERCLA (42 U.S.C. 9601(25)).

     SEC. 3. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND 
                   JURISDICTION OVER THE ARSENAL.

       (a) Principles of Transfer.--
       (1) Land use plan.--The Congress 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) Transfer without reimbursement.--The area constituting 
     the MNP shall be transferred, without reimbursement, to the 
     Secretary of Agriculture.
       (3) Management of mnp.--Management by the Secretary of 
     Agriculture of those portions of the Arsenal transferred to 
     the Secretary under this Act shall be in accordance with 
     section 5 establishing the MNP.
       (4) Security measures.--The Secretary of the Army, the 
     Secretary of Agriculture, and the Secretary of Veterans 
     Affairs, shall each provide and maintain physical and other 
     security measures on such portion of the Arsenal as is under 
     the administrative jurisdiction of such Secretary. Such 
     security measures (which may include fences and natural 
     barriers) shall include measures to prevent members of the 
     public from gaining unauthorized access to such portions of 
     the Arsenal as are under the administrative jurisdiction of 
     such Secretary and that may endanger health or safety.
       (5) Cooperative agreements.--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 agencies, State 
     and local governments, private organizations, and 
     corporations to carry 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.
       (c) Phased Transfer of Jurisdiction.--Jurisdiction over 
     lands comprising the Arsenal shall be transferred as follows:
       (1) Initial transfer.--Within 6 months after the date of 
     the enactment of this Act, 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 subsection (d) and to the Secretary of Veterans 
     Affairs pursuant to section 6(a)(2). In the case of the 
     Arsenal property to be transferred to the Secretary of 
     Agriculture, the Secretary of the Army shall transfer to the 
     Secretary of Agriculture only those portions for which the 
     Secretary of the Army and the Administrator concur that no 
     further action is required under any environmental law and 
     which therefore have been eliminated from the areas to be 
     further studied pursuant to the Defense Environmental 
     Restoration Program for the Arsenal. Within 4 months after 
     the date of the enactment of this Act, the Secretary of the 
     Army and the Administrator shall provide to the Secretary of 
     Agriculture all existing documentation supporting such 
     finding and all existing information relating to the 
     environmental conditions of the portions of the Arsenal to be 
     transferred to the Secretary of Agriculture pursuant to this 
     paragraph.
       (2) Additional transfers.--The Secretary of the Army shall 
     transfer in accordance with section 6(b) to the Secretary of 
     Agriculture any portion of the property generally identified 
     in subsection (d) and not transferred pursuant to paragraph 
     (1) after the Secretary of the Army and the Administrator 
     concur that no further action is required at that portion of 
     property under any environmental law and that such portion is 
     therefore eliminated from the areas to be further studied 
     pursuant to the Defense Environmental Restoration Program for 
     the Arsenal. At least 2 months before any transfer under this 
     paragraph, the Secretary of the Army and the Administrator 
     shall provide to the Secretary of Agriculture all existing 
     documentation supporting such finding and all existing 
     information relating to the environmental conditions of the 
     portion of the Arsenal to be transferred. Transfer of 
     jurisdiction pursuant to this paragraph may be accomplished 
     on a parcel-by-parcel basis. This paragraph, paragraph (1), 
     and their requirements shall not in any way affect the 
     responsibilities and liabilities of the Secretary of the Army 
     specified in section 4.
       (d) Identification of Portions for Transfer for MNP.--The 
     lands to be transferred under 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 subsection (e) or designated for disposal under 
     section 6.
       (e) Property Used for Environmental Cleanup.--
       (1) Retention.--The Secretary of the Army shall retain 
     jurisdiction, authority, and control over real property at 
     the Arsenal to be used for--
       (A) water treatment;
       (B) the treatment, storage, or disposal of any hazardous 
     substance, pollutant or contaminant, hazardous material, or 
     petroleum products or their derivatives;
       (C) other purposes related to any response action at the 
     Arsenal; and
       (D) other actions required at the Arsenal under any 
     environmental law to remediate contamination or conditions of 
     noncompliance with any environmental law.
       (2) Conditions.--The Secretary of the Army shall consult 
     with the Secretary of Agriculture regarding the 
     identification and management of the real property retained 
     under this subsection and ensure that activities carried out 
     on that property are consistent, to the extent practicable, 
     with the purposes for which the MNP is established, as 
     specified in subsection (c) of section 5, and with the other 
     provisions of such section.
       (3) Priority of response actions.--In the case of any 
     conflict between management of the property by the Secretary 
     of Agriculture and any response action or other action 
     required under environmental law to remediate petroleum 
     products or their derivatives, the response action or other 
     such action shall take priority.
       (f) Surveys.--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 receiving the property. For lands 
     transferred to a non-Federal agency pursuant to section 6, 
     the Secretary of the Army shall pay the survey costs.

     SEC. 4. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF THE 
                   SECRETARY OF THE ARMY FOR ENVIRONMENTAL 
                   CLEANUP.

       (a) Responsibility.--The liabilities and responsibilities 
     of the Secretary of the Army under any environmental law 
     shall not transfer under any circumstances to the Secretary 
     of Agriculture as a result of the property transfers made 
     under section 3 or section 6(b), or as a result of 
     implementation of section 3(b). With respect to the real 
     property at the Arsenal, the Secretary of the Army shall 
     remain liable for and continue to carry out--
       (1) all response actions required under CERCLA and other 
     environmental law at or related to the property; and
       (2) all actions required under any other environmental law 
     to remediate petroleum products or their derivatives 
     (including motor oil and aviation fuel).
       (b) Liability.--
       (1) In general.--Nothing in this Act shall be construed to 
     effect, modify, amend, repeal, alter, limit or otherwise 
     change, directly or indirectly, the responsibilities or 
     liabilities under any applicable environmental law of any 
     person (including the Secretary of Agriculture), except as 
     provided in paragraph (3) with respect to the Secretary of 
     Agriculture.
       (2) Liability of secretary of the army.--The Secretary of 
     the Army shall retain any obligation or other liability at 
     the Arsenal that the Secretary may have under CERCLA and 
     other environmental laws. Following transfer of any portions 
     of the Arsenal pursuant to this Act, the Secretary of the 
     Army shall be accorded all easements and access to such 
     property as may be reasonably required to carry out such 
     obligation or satisfy such liability.
       (3) Special rules for secretary of agriculture.--The 
     Secretary of Agriculture shall not be responsible or liable 
     under any environmental law for matters which are in any way 
     related directly or indirectly to activities of the Secretary 
     of the Army, or any party acting under the authority of the 
     Secretary in connection with the Defense Environmental 
     Restoration Program, at the Arsenal and which are for any of 
     the following:
       (A) Costs of response actions required under CERCLA at or 
     related to the Arsenal.
       (B) Costs, penalties, or fines related to noncompliance 
     with any environmental law at or related to the Arsenal or 
     related to the presence, release, or threat of release of any 
     hazardous substance, pollutant, contaminant, hazardous waste 
     or hazardous material of any kind at or related to the 
     Arsenal, including contamination resulting from migration of 
     hazardous substances, pollutants, contaminants, hazardous 
     materials, or petroleum products or their derivatives 
     disposed during activities of the Department of the Army.
       (C) Costs of actions necessary to remedy such noncompliance 
     or other problem specified in paragraph (B).
       (c) 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.
       (d) Consultation.--The Secretary of Agriculture shall 
     consult with the Secretary of the Army with respect to the 
     Secretary of Agriculture's management of real property 
     included in the MNP subject to any response action or other 
     action at the Arsenal being carried out by or under the 
     authority of the Secretary of the Army under any 
     environmental law. The Secretary of Agriculture shall consult 
     with the Secretary of the Army prior to undertaking any 
     activities on the MNP 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. 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 
     the purposes for which the MNP is established, as specified 
     in subsection (c) of section 5, and the other provisions of 
     such section.

     SEC. 5. ESTABLISHMENT OF THE MIDEWIN NATIONAL TALLGRASS 
                   PRAIRIE.

       (a) Establishment.--On the effective date of the initial 
     transfer of jurisdiction of portions of the Arsenal to the 
     Secretary of Agriculture under section 3(c)(1), the Secretary 
     of Agriculture shall establish the Midewin National Tallgrass 
     Prairie, which shall--
       (1) be administered by the Secretary of Agriculture; and
       (2) consist of the real property so transferred and such 
     other portions of the Arsenal subsequently transferred under 
     section 3(c)(2).
       (b) Administration.--
       (1) In general.--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, except that the Bankhead-Jones Farm 
     Tenant Act of 1937 (7 U.S.C. 1010-1012) shall not apply to 
     the MNP.
       (2) Land acquisition funds.--Notwithstanding section 7 of 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-9), monies appropriated from the Land and Water 
     Conservation Fund established under section 2 of such Act (16 
     U.S.C. 460l-5) shall be available for acquisition of lands 
     and interests in land for inclusion in the MNP.
       (3) Acquisition of private lands.--Acquisition of private 
     lands for inclusion in the MNP shall be on a willing seller 
     basis only.
       (4) Initial management activities.--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.
       (5) Land and resource management plan.--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 under this Act 
     after 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 to the plan.
       (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 of 1973 (16 U.S.C. 1531 et seq.).
       (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 under 
     section 3 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, except 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 the 
     MNP.
       (f) Treatment of Rental Fees.--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 (16 U.S.C. 500). All monies not 
     so distributed pursuant to such Acts shall be covered into 
     the Treasury and shall constitute a special fund, which is 
     hereby appropriated and made available until expended, to 
     cover the cost to the United States of such prairie-
     improvement work as the Secretary of Agriculture may direct. 
     Any portion of any deposit made to the fund which the 
     Secretary of Agriculture determines to be in excess of the 
     cost of doing such work shall be transferred, upon such 
     determination, to miscellaneous receipts, Forest Service 
     Fund, as a National Forest receipt of the fiscal year in 
     which such transfer is made.
       (g) User 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. The Secretary shall permit admission, 
     occupancy, and use at no additional charge for persons 
     possessing a valid Golden Eagle Passport or Golden Age 
     Passport.
       (h) 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.
       (i) Treatment of User Fees and Salvage Receipts.--Monies 
     collected pursuant to subsections (g) and (h) 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 shall be available, 
     subject to appropriation, until expended for use for 
     restoration and administration of the MNP, including 
     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 of the MNP.
       (j) 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 and the Forest and Rangeland 
     Renewable Resources Research Act of 1978. 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.

     SEC. 6. DISPOSAL OF CERTAIN REAL PROPERTY AT THE ARSENAL FOR 
                   A NATIONAL VETERANS CEMETERY AND A COUNTY 
                   LANDFILL AND TO THE ADMINISTRATOR OF GENERAL 
                   SERVICES.

       (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 
     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, without 
     compensation, 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. The Secretary of the Army may require 
     such additional terms and conditions in connection with the 
     conveyance under this paragraph as the Secretary considers 
     appropriate to protect the interests of the United States.
       (2) 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 without 
     reimbursement to the Department of Veterans.
       (3) The following areas are designated for disposal 
     pursuant to subsection (b): 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 national cemetery and landfill 
     described in paragraphs (1) and (2).
       (b) Initial Offer to Secretary of Agriculture.--Within 6 
     months after the construction and installation of any 
     remedial design approved by the Administrator and required 
     for any lands described in subsection (a)(3), the 
     Administrator shall provide to the Secretary of Agriculture 
     all existing information regarding the implementation of such 
     remedy, including information regarding its effectiveness. 
     Within 3 months after the Administrator provides such 
     information to the Secretary of Agriculture, the Secretary of 
     the Army shall offer the Secretary of Agriculture the option 
     of accepting a transfer of the areas described in subsection 
     (a)(3), without reimbursement, to be added to the MNP 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 may be disposed of as the Army would ordinarily 
     dispose of such property under applicable provisions of law. 
     Any sale or other transfer of property conducted pursuant to 
     this subsection may be accomplished on a parcel-by-parcel 
     basis.

     SEC. 7. DEGREE OF ENVIRONMENTAL CLEANUP.

       (a) In General.--Nothing in this Act shall be construed to 
     restrict or lessen the degree of cleanup at the Arsenal 
     required to be carried out under provisions of any 
     environmental law.
       (b) Response Action.--The establishment of the MNP shall 
     not restrict or lessen in any way response action or degree 
     of cleanup under CERCLA or other environmental law, or any 
     response action required under any environmental law to 
     remediate petroleum products or their derivatives (including 
     motor oil and aviation fuel), required to be carried out 
     under the authority of the Secretary of the Army at the 
     Arsenal and surrounding areas.
       (c) Environmental Quality of Property.--Any contract for 
     sale, deed, or other transfer of real property under section 
     6 shall be carried out in compliance with all applicable 
     provisions of section 120(h) of the CERCLA and other 
     environmental laws.

  Mr. de la GARZA (during the reading). Mr. Speaker, I ask unanimous 
consent that the amendment in the nature of a substitute be considered 
as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. de la GARZA. Mr. Speaker, this bill deals with the Joliet Army 
Ammunition Plant facility in Illinois, and it is to be used for 
environmental and civic and health use in this area.
  Mr. SANGMEISTER. Mr. Speaker, will the gentleman yield?
  Mr. de la GARZA. I yield to the gentleman from Illinois.
  (Mr. SANGMEISTER asked and was given permission to revise and extend 
his remarks.)
  Mr. SANGMEISTER. Mr. Speaker, it is with great enthusiasm that I rise 
today in support of H.R. 4946, a bill which will establish the first 
national tall grass prairie east of the Mississippi River. This is an 
exciting grass-roots, bi-partisan, community effort. This bill will 
convert what was once one of the largest ammunition producing plants in 
the country, the Joliet Army Ammunition Plant, into a massive 
conservation and recreation area for future generations to enjoy. In 
addition--this bill will create one of the finest and largest national 
veterans cemetery in the Nation--something veterans in Illinois have 
worked towards for many, many years.
  Let me paint you a picture of what we are talking about: the 
Arsenal's 23,500 acres lie at the heart of a conservation area which 
eventually could be linked to existing State parks to create a 40,000 
acre conservation and recreation complex to service over 8 million 
people in the Chicagoland area.
  The Arsenal produced tons of ammunition and explosives for World War 
II, Korea and the Vietnam conflicts. However, most of the land was 
never fully developed. Today, it is one of the richest natural areas of 
its size in the midwest: possessing an abundance of rare and unusual 
plant species, wetlands, forests, prairie groves, and remnants of the 
fabled Illinois tall grass prairie.

  With the ever-shrinking availability of open space in the city of 
Chicago and its surrounding suburbs, these 23,500 acres present a once 
in a lifetime opportunity for developing outdoor recreation programs 
and environmental education facilities for the third largest 
metropolitan area in the United States.
  The untiring efforts of the Departments of Army, Agriculture, and 
Veterans Affairs, the Forest Service and U.S.E.P.A., and O.M.B. and the 
administration, the two Senators from Illinois, the respected minority 
leader in the House, the Governor of Illinois and the Mayor of Chicago 
have all contributed to making this project, and this bill, a reality.
  However, H.R. 4746 is not some top-down bureaucratic venture; it has 
come directly from the people of my district and my State. The plan for 
the Arsenal's future began 2 years ago with the creation of the Joliet 
Arsenal Citizens Planning Commission. This Commission--comprised of a 
variety of mayors, State representatives, environment and conservation 
groups, agriculture, economic, and State interests--developed a land 
use plan which was unanimously approved by every member of the 
Commission. It is their vision for what has been called an ``ecological 
wonderland'' that is at the heart and soul of this bill.
  Mr. Speaker, H.R. 4946 is an extraordinary ``win-win'' situation for 
my district, the State of Illinois and the Nation. I urge my colleagues 
to support this project by voting for H.R. 4946.
  The SPEAKER pro tempore. The question is on the amendment in the 
nature of a substitute offered by the gentleman from Texas [Mr. de la 
Garza].
  The amendment in the nature of a substitute was agreed to.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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