[Congressional Record Volume 141, Number 125 (Monday, July 31, 1995)]
[House]
[Pages H7996-H8001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                 ILLINOIS LAND CONSERVATION ACT OF 1995

  Mr. EMERSON. Mr. Speaker, I ask unanimous consent that the Committee 
on National Security and the Committee on Commerce be discharged from 
further consideration of the bill (H.R. 714), 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 Missouri?
  Mr. STENHOLM. Mr. Speaker, reserving the right to object, and I will 
not object, I yield to the gentleman from Missouri [Mr. Emerson] for 
the purpose of explanation.
  (Mr. EMERSON asked and was given permission to revise and extend his 
remarks.)
  Mr. EMERSON. Mr. Speaker, H.R. 714 would establish a tall grass 
prairie in the former Joliet Arsenal. Also, this legislation would set 
aside portions of the land for a landfill, portions for economic 
development, and also a section 4(a) national cemetery.
  Mr. Speaker, further reserving the right to object, I yield to the 
gentleman from Illinois [Mr. Weller].
  (Mr. WELLER asked and was given permission to revise and extend his 
remarks.)
  Mr. WELLER. My Speaker, I would like to speak briefly about the 
importance of this legislation, H.R. 714, the Illinois Land 
Conservation Act, which has overwhelming bipartisan support from 
Members on both the Republican and Democrat side of the aisle. This is 
an innovative land reuse plan which was developed by a citizens 
planning commission, appointed under the direction of my predecessor, 
former Congressman George Sangmeister, resulted from thousands of hours 
of volunteer time from leaders in conservation, veterans' 
organizations, business and labor, educators, and many civic 
organizations.
  Briefly, the Joliet Army Ammunition Plant, commonly referred to as 
the Joliet Arsenal, was declared excess Federal property in April 1993. 
A local citizens commission developed a plan for reuse of the site, 
which is encompassed in my legislation.
  The plan has received broad-based support from Illinois' major media, 
citizens organizations, veterans' 

[[Page H 7997]]
groups, business, labor, conservation, and educators. The plan includes 
transferring 19,000 acres to the National Forest Service for creation 
of the Midewin National Tall Grass Prairie. The plan also includes a 
veterans' cemetery, which will occupy just under 1,000 acres on the 
arsenal property.
  There are also two sites, for a total of 3,000 acres, to be used for 
the purpose of economic development and job creation, and finally 455 
acres will be used for a local landfill.
  Since this bill's introduction, I have worked closely with all the 
agencies involved and have made changes in the legislation to reflect 
issues that they have had concerns with. This is bipartisan legislation 
supported by the Governor of the State of Illinois, Republicans and 
Democrats in the Illinois delegation, and a large number of veterans, 
conservation, environment, business and labor, and private 
organizations.
  Clearly, H.R. 714 is a win-win-win for taxpayers, conservation 
veterans, and working men and women. I ask for and urge the bill's 
immediate passage with bipartisan support.
  Mr. YATES. Mr. Speaker, I rise in strong support of the bill offered 
by the gentleman from Illinois.
  H.R. 714, the bill that would establish the Midewin National 
Tallgrass Prairie at the former Joliet Arsenal, is an excellent piece 
of legislation that can serve as a model for other communities with 
closed military bases.
  I am proud to say that I was there at the beginning, when the concept 
of turning an abandoned TNT factory into a multi-purpose site for the 
benefit of the 8 million Chicago-area residents was first conceived. I 
enjoyed working with our former colleague, George Sangmeister, during 
the 103d Congress and I have equally enjoyed working with his 
successor, the distinguished gentleman from Joliet.
  Located less than 50 miles from the Ninth District, the Midewin 
National Tallgrass Prairie will offer my constituents unparalleled 
preservation and recreational opportunities.
  The Joliet Arsenal is a treasury trove of rare and endangered 
species--so unique in the urban sprawl of northern Illinois. Sixteen 
State endangered species, 108 different birds, 40 types of fish, and 
348 native plant species can all be found on the arsenal property.
  In addition, the arsenal site contains the single largest tallgrass 
ecosystem east of the Mississippi River, and the only grassland of this 
size in unfragmented, single ownership. It is also important to note 
that the arsenal is adjacent to other reserves and when all of that 
open space is combined, it creates the biggest prairie in the eastern 
United States.
  We have so few opportunities in Illinois to preserve original, intact 
ecosystems. Most of our land has either been consumed by ever-growing 
cities and suburbs or is being farmed. There are very few natural areas 
in our State; a forest preserve here, a park there, but not nearly 
enough to satisfy our most minimal needs.
  That is why acquiring the Joliet Arsenal and creating a tallgrass 
prairie is a once-in-a-lifetime opportunity. We will never have this 
chance again. If we do not act now to protect this valuable site, it 
could be lost forever.
  This is a bipartisan bill, supported by a large and diverse group, 
including the Republican Governor of Illinois, the Democratic mayor of 
Chicago, the Forest Service, and every major environmental 
organization.
  There have been many people who have helped make this project a 
reality, but I want to give special recognition to Dr. Fran Harty at 
the Illinois Department of Conservation and Dr. Larry Strich and his 
colleagues at the Shawnee National Forest for their extraordinary 
efforts to make the arsenal a tallgrass prairie.
  I also want to commend the Forest Service for their leadership in 
this matter. After other agencies dragged their feet on acquiring the 
Joliet Arsenal, the Forest Service enthusiastically entered the 
process. Their can-do spirit toward the arsenal is laudable and I want 
to express my sincere thanks to them for being so cooperative on a 
project that is important to me and my constituents. I hope to continue 
working with the Service in the future to secure adequate funding for 
the Midewin National Tallgrass Prairie.
  The cooperation extended by the Forest Service is just one piece of 
the unique public-private partnership that formed to preserve the 
Joliet Arsenal. This is truly a national model of how closed military 
bases can be converted to productive civilian use and of how local 
communities can work with the Federal Government to ensure that these 
old bases are developed to benefit everyone.
  There are hundreds of military installations across the Nation that 
have been closed by the Base Closure Commission. The Federal Government 
must decide what to do with these old bases.
  We've seen the negative impacts that closing military bases can have 
on local communities. But if we follow the example of the Joliet 
Arsenal and let the local community decide how best to use the closed 
facility and have the Federal Government assist that locale, a closing 
military base need not destroy a struggling community.
  I think it would be wise for the Pentagon to study the Joliet Arsenal 
model and to implement it at other facilities slated for closure.
  This bill is good for the people of Illinois and clearly good for the 
Nation, and I urge my colleagues to support it.
  Mr. de la GARZA. Mr. Speaker, I rise in support of H.R. 714, the 
Illinois Land Conservation Act. H.R. 714 is nearly identical to H.R. 
4946 that was introduced in the 103d Congress by Congressman 
Sangmeister. H.R. 4946 was passed by unanimous consent in the House 
after being discharged by the Agriculture Committee at the very end of 
the session. The Senate took no action on the bill before adjournment.
  H.R. 714, introduced by Congressman Weller, establishes the Midewin 
Tallgrass Prairie by initially transferring approximately 16,000 acres 
currently held by the Department of the Army to the Department of 
Agriculture. Another 3,000 acres will be transferred when the 
Department of the Army completes an environmental cleanup on the site. 
Provision is made for the continued responsibility of clean-up of 
hazardous wastes by the Department of the Army. The bill also provides 
for the transfer of approximately 910 acres to the Department of 
Veterans' Affairs and the establishment of a National Cemetery on the 
site to be administered by the Secretary of Veterans Affairs. 
Additionally the bill provides for transfer to the county of 
approximately 425 acres to be operated as a landfill and approximately 
3,000 acres to the State of Illinois to be used for economic 
development. The U.S. Forest Service is supportive of the legislation 
before us today.
  Mr. Speaker, an amendment that will be offered to modify the language 
regarding special use permits is supported by the U.S. Forest Service. 
I ask that a letter from U.S. Forest Service Chief Jack Ward Thomas, 
acknowledging the new language's consistency with current U.S. Forest 
Service management practices, be included in the Record.
                                    Department of Agriculture,

                                    Washington, DC, July 28, 1995.
     Hon. Pat Roberts,
     Chairman, Committee on Agriculture
     Washington, DC.
       Dear Mr. Chairman: This is to confirm discussions my staff 
     have had with members of your staff regarding language 
     contained in a draft Agriculture Committee version of H.R. 
     714, the ``Illinois Conservation Act of 1995.''
       John Hogan, counsel to the Committee, has told my staff 
     that a proposed amendment may be offered on the House floor 
     to strike two sentences in subsection 105(b)(2). The 
     referenced subsection refers to the issuance by the Secretary 
     of Agriculture of special use authorizations for agricultural 
     purposes, including livestock grazing. The proposed amendment 
     would strike the second and third complete sentences in that 
     subsection, specifically: ``Such special use authorization 
     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.''
       It is our understanding that the proposed deletion of those 
     two sentences is intended to avoid any confusion between the 
     use provisions of this bill and the ongoing legislative 
     debate over grazing fees in the Western States. Mr. Hogan 
     asked our opinion as to what effect the deletion of these two 
     sentences would have on management of the Midewin National 
     Tallgrass Prairie.
       The proposed deletion of the referenced sentence would have 
     no practical effect on management of the Prairie. The Forest 
     Service will utilize the same general terms and conditions 
     for agricultural leasing as was utilized by the Army, 
     including competitive bidding for farming and leasing rights. 
     This system has worked well for the Army and we plan to 
     continue it. And, we note, the system is consistent with 
     general Forest Service management practices throughout the 
     Eastern United States.
       If we can provide additional information, please do not 
     hesitate to ask.
                                                 Jack Ward Thomas,
                                                            Chief.

  Mr. STENHOLM. Mr. Speaker, I thank the gentleman for his explanation, 
and urge passage of the bill.
  Mr. Speaker, I withdraw my reservation of objection.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  The Clerk read the bill, as follows:
                                H.R. 714

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
       (a) Short Title.--This Act may be cited as the ``Illinois 
     Land Conservation Act of 1995''.

[[Page H 7998]]

       (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.

TITLE I--CONVERSION OF JOLIET ARMY AMMUNITION PLANT TO MIDEWIN NATIONAL 
                           TALLGRASS PRAIRIE

Sec. 101. Principles of transfer. 
Sec. 102. Transfer of management responsibilities and jurisdiction over 
              Arsenal.
Sec. 103. Continuation of responsibility and liability of Secretary of 
              the Army for environmental cleanup.
Sec. 104. Establishment and administration of Midewin National 
              Tallgrass Prairie.
Sec. 105. Special management requirements for Midewin National 
              Tallgrass Prairie.
Sec. 106. Special disposal rules for certain Arsenal parcels intended 
              for MNP.

     TITLE II--OTHER REAL PROPERTY DISPOSALS INVOLVING JOLIET ARMY 
                            AMMUNITION PLANT

Sec. 201. Disposal of certain real property at Arsenal for a national 
              cemetery.
Sec. 202. Disposal of certain real property at Arsenal for a county 
              landfill.
Sec. 203. Disposal of certain real property at Arsenal for economic 
              development.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. 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 ``Defense Environmental Restoration Program'' 
     means the program of environmental restoration for defense 
     installations established by the Secretary of Defense under 
     section 2701 of title 10, United States Code.
       (6) 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.).
       (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 104 and 
     managed as a part of the National Forest System.
       (9) 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.
       (10) The term ``person'' has the meaning given such term by 
     section 101(21) of CERCLA (42 U.S.C. 9601(21)).
       (11) The term ``pollutant or contaminant'' has the meaning 
     given such term by section 101(33) of CERCLA (42 U.S.C. 
     9601(33)).
       (12) The term ``release'' has the meaning given such term 
     by section 101(22) of CERCLA (42 U.S.C. 9601(22)).
       (13) The term ``response action'' has the meaning given the 
     term ``response'' by section 101(25) of CERCLA (42 U.S.C. 
     9601(25)).
TITLE I--CONVERSION OF JOLIET ARMY AMMUNITION PLANT TO MIDEWIN NATIONAL 
                           TALLGRASS PRAIRIE

     SEC. 101. PRINCIPLES OF TRANSFER.

       (a) 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 May 30, 1995.
       (b) Transfer Without Reimbursement.--The area constituting 
     the Midewin National Tallgrass Prairie shall be transferred, 
     without reimbursement, to the Secretary of Agriculture.
       (c) 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 
     sections 104 and 105 regarding the Midewin National Tallgrass 
     Prairie.
       (d) Security Measures.--The Secretary of the Army and the 
     Secretary of Agriculture 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.
       (e) 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 Midewin 
     National Tallgrass Prairie is established.
       (f) 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 Midewin National Tallgrass 
     Prairie is established.

     SEC. 102. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND 
                   JURISDICTION OVER ARSENAL.

       (a) Initial Transfer of Jurisdiction.--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). The Secretary of the 
     Army shall transfer to the Secretary of Agriculture only 
     those portions of the Arsenal 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 subsection.
       (b) Additional Transfers.--The Secretary of the Army shall 
     transfer to the Secretary of Agriculture in accordance with 
     section 106(c) any portion of the property generally 
     identified in subsection (d) and not transferred under 
     subsection (a) 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 subsection, 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 
     subsection may be accomplished on a parcel-by-parcel basis.
       (c) Effect on Continued Responsibilities and Liability of 
     Secretary of the Army.--Subsections (a) and (b), and their 
     requirements, shall not in any way affect the 
     responsibilities and liabilities of the Secretary of the Army 
     specified in section 103.
       (d) Identification of Portions for Transfer for MNP.--The 
     lands to be transferred to the Secretary of Agriculture under 
     subsections (a) and (b) 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 106 or title II.
       (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 Midewin National Tallgrass 
     Prairie is established, as specified in section 104(c), and 
     with the other provisions of such section and section 105.
       (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 any other action 
     required under any other environmental law, including actions 
     to remediate petroleum products of their derivatives, the 
     response action or other action shall take priority.
       (f) Surveys.--All costs of necessary surveys for the 
     transfer of jurisdiction of Arsenal property from the 
     Secretary of the Army to the Secretary of Agriculture shall 
     be borne by the Secretary of Agriculture.

     SEC. 103. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF 
                   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 102 or section 106, or as a result of interim 
     activities of the Secretary of Agriculture on Arsenal 
     property under section 101(f). With respect to the real 
     property at the Arsenal, the Secretary of the Army shall 
     remain liable for and continue to carry out--

[[Page H 7999]]

       (1) all response actions required under CERCLA at or 
     related to the property;
       (2) all remediation actions required under any other 
     environmental law at or related to the property; and
       (3) all actions required under any other environmental law 
     to remediate petroleum products or their derivatives 
     (including motor oil and aviation fuel) at or related to the 
     property.
       (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 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 subparagraph (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 environmental laws, including actions to 
     remediate petroleum products or their derivatives.
       (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 Midewin National Tallgrass Prairie 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 Midewin National 
     Tallgrass Prairie 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 Midewin National Tallgrass Prairie 
     is established, as specified in section 104(c), and the other 
     provisions of such section and section 105.

     SEC. 104. ESTABLISHMENT AND ADMINISTRATION OF 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 102(a), the Secretary 
     of Agriculture shall establish the Midewin National Tallgrass 
     Prairie. The MNP 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 102(b) or 106.
       (b) Administration.--
       (1) In general.--The Secretary of Agriculture shall manage 
     the Midewin National Tallgrass Prairie as a part of the 
     National Forest System in accordance with this Act and the 
     laws, rules, and regulations pertaining to the National 
     Forest System, except that the Bankhead-Jones Farm Tenant Act 
     of 1937 (7 U.S.C. 1010-1012) shall not apply to the MNP.
       (2) Initial management activities.--In order to expedite 
     the administration and public use of the Midewin National 
     Tallgrass Prairie, 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.
       (3) Land and resource management plan.--In developing a 
     land and resource management plan for the Midewin National 
     Tallgrass Prairie, 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 Midewin National Tallgrass Prairie is established to be 
     managed for National Forest System purposes, including the 
     following:
       (1) To manage the land and water resources of the MNP in a 
     manner that will conserve and enhance the native populations 
     and habitats of fish, wildlife, and plants.
       (2) To provide opportunities for scientific, environmental, 
     and land use education and research.
       (3) To allow the continuation of agricultural uses of lands 
     within the MNP consistent with section 105(b).
       (4) To provide a variety of recreation opportunities that 
     are not inconsistent with the preceding purposes.
       (d) Other Land Acquisition for MNP.--
       (1) 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 Midewin National 
     Tallgrass Prairie.
       (2) Acquisition of private lands.--Acquisition of private 
     lands for inclusion in the Midewin National Tallgrass Prairie 
     shall be on a willing seller basis only.
       (e) Cooperation With States, Local Governments and Other 
     Entities.--In the management of the Midewin National 
     Tallgrass Prairie, the Secretary of Agriculture 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 for which the Midewin National Tallgrass Prairie 
     is established.

     SEC. 105. SPECIAL MANAGEMENT REQUIREMENTS FOR MIDEWIN 
                   NATIONAL TALLGRASS PRAIRIE.

       (a) 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 Midewin National Tallgrass Prairie. 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.
       (b) Agricultural Leases and Special Use Authorizations.--
     Within the Midewin National Tallgrass Prairie, 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 102 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 Midewin National 
     Tallgrass Prairie 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 of Agriculture 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 
     Midewin National Tallgrass Prairie.
       (c) Treatment of Rental Fees.--Monies received pursuant to 
     subsection (b) 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 such monies 
     not distributed pursuant to such Acts shall be covered into 
     the Treasury and shall constitute a special fund, which shall 
     be available to the Secretary of Agriculture, in such amounts 
     as are provided in advance in appropriation Acts, to cover 
     the cost to the United States of such prairie-improvement 
     work as the Secretary may direct. Any portion of any deposit 
     made to the fund which the Secretary 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.
       (d) User Fees.--The Secretary of Agriculture is authorized 
     to charge reasonable fees for the 

[[Page H 8000]]
     admission, occupancy, and use of the Midewin National Tallgrass Prairie 
     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.
       (e) Salvage of Improvements.--The Secretary of Agriculture 
     may sell for salvage value any facilities and improvements 
     which have been transferred to the Secretary pursuant to this 
     Act.
       (f) Treatment of User Fees and Salvage Receipts.--Monies 
     collected pursuant to subsections (d) and (e) shall be 
     covered into the Treasury and constitute a special fund to be 
     known as the Midewin National Tallgrass Prairie Restoration 
     Fund. Deposits in the Midewin National Tallgrass Prairie 
     Restoration Fund shall be available to the Secretary of 
     Agriculture, in such amounts as are provided in advance in 
     appropriation Acts, for restoration and administration of the 
     Midewin National Tallgrass Prairie, 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.

     SEC. 106. SPECIAL DISPOSAL RULES FOR CERTAIN ARSENAL PARCELS 
                   INTENDED FOR MNP.

       (a) Description of Parcels.--Except as provided in 
     subsection (b), the following areas are designated for 
     disposal pursuant to subsection (c):
       (1) 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.
       (2) 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, Group 
     4: Study Area L14, Group 5: Study Area L15, Group 8: Study 
     Area L18, Group 9: Study Area L19, Group 27: Study Area L23, 
     Group 62: Study Area L25, PVC Area: Study Area L33, 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, Proposed Future Land Use Map, 
     dated May 30, 1995.
       (b) Exception.--The parcels described in subsection (a) 
     shall not include the property at the Arsenal designated for 
     disposal under title II.
       (c) 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), 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), without 
     reimbursement, to be added to the Midewin National Tallgrass 
     Prairie 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.
     TITLE II--OTHER REAL PROPERTY DISPOSALS INVOLVING JOLIET ARMY 
                            AMMUNITION PLANT

     SEC. 201. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSENAL FOR A 
                   NATIONAL CEMETERY.

       (a) Transfer Required.--Subject to section 301, the 
     Secretary of the Army shall transfer, without reimbursement, 
     to the Secretary of Veterans Affairs the parcel of real 
     property at the Arsenal described in subsection (b) for use 
     as a national cemetery.
       (b) Description of Property.--The real property to be 
     transferred under subsection (a) is a parcel of real property 
     at the Arsenal consisting of approximately 982 acres, the 
     approximate legal description of which includes part of 
     sections 30 and 31 Jackson Township, T34N R10E, and part of 
     sections 25 and 36 Channahon Township, T34N R9E, Will County, 
     Illinois, as depicted in the Arsenal Land Use Concept.
       (c) Security Measures.--The Secretary of Veterans Affairs 
     shall provide and maintain physical and other security 
     measures on the real property transferred under subsection 
     (a). Such security measures (which may include fences and 
     natural barriers) shall include measures to prevent members 
     of the public from gaining unauthorized access to the portion 
     of the Arsenal that is under the administrative jurisdiction 
     of the Secretary of Veterans Affairs and that may endanger 
     health or safety.
       (d) Surveys.--All costs of necessary surveys for the 
     transfer of jurisdiction of Arsenal properties from the 
     Secretary of the Army to the Secretary of Veterans Affairs 
     shall be borne solely by the Secretary of Veterans Affairs.
       (e) Designation of Cemetery.--The national cemetery 
     established using the real property transferred under 
     subsection (a) shall be known as the ``Joliet National 
     Cemetery''.

     SEC. 202. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSENAL FOR A 
                   COUNTY LANDFILL.

       (a) Transfer Required.--Subject to section 301, the 
     Secretary of the Army shall transfer, without compensation, 
     to Will County, Illinois, all right, title, and interest of 
     the United States in and to the parcel of real property at 
     the Arsenal described in subsection (b), which shall be 
     operated as a landfill by the County.
       (b) Description of Property.--The real property to be 
     transferred under subsection (a) is a parcel of real property 
     at the Arsenal consisting of approximately 455 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.
       (c) Condition on Conveyance.--The conveyance shall be 
     subject to the condition that the Army (or its agents or 
     assigns) may use the landfill established on the real 
     property transferred under subsection (a) for the disposal of 
     construction debris, refuse, and other nonhazardous materials 
     from the restoration and cleanup of the Arsenal property as 
     provided for in this Act. Such use shall be at no cost to the 
     Federal Government.
       (d) Reversionary Interest.--During the 5-year period 
     beginning on the date the Secretary of the Army makes the 
     conveyance under subsection (a), if the Secretary of the Army 
     determines that the conveyed real property is not being 
     operated as a landfill or that Will County, Illinois, is in 
     violation of the condition specified in subsection (c), then, 
     at the option of the United States, all right, title, and 
     interest in and to the property, including improvements 
     thereon, shall be subject to reversion to the United States. 
     In the event the United States exercises its option to cause 
     the property to revert, the United States shall have the 
     right of immediate entry onto the property. Any determination 
     of the Secretary of the Army under this subsection shall be 
     made on the record after an opportunity for a hearing.
       (e) Surveys.--All costs of necessary surveys for the 
     transfer of real property under this section shall be borne 
     by Will County, Illinois.
       (f) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the conveyance under this section as the 
     Secretary of the Army considers appropriate to protect the 
     interests of the United States.

     SEC. 203. DISPOSAL OF CERTAIN REAL PROPERTY AT ARSENAL FOR 
                   ECONOMIC DEVELOPMENT.

       (a) Transfer Required.--Subject to section 301, the 
     Secretary of the Army shall transfer to the State of 
     Illinois, all right, title, and interest of the United States 
     in and to the parcel of real property at the Arsenal 
     described in subsection (b), which shall be used for economic 
     redevelopment to replace all or a part of the economic 
     activity lost at the Arsenal.
       (b) Description of Property.--The real property to be 
     transferred under subsection (a) is a parcel of real property 
     at the Arsenal consisting of--
       (1) approximately 1,900 acres, the approximate legal 
     description of which includes part of section 30, Jackson 
     Township, Township 34 North, Range 10 East, and sections or 
     parts of sections 24, 25, 26, 35, and 36, Township 34 North, 
     Range 9 East, in Channahon Township, an area of 9.77 acres 
     around the Des Plaines River Pump Station located in the 
     southeast quarter of section 15, Township 34 North, Range 9 
     East of the Third Principal Meridian, in Channahon Township, 
     and an area of 511' x 596' around the Kankakee River Pump 
     Station in the Northwest Quarter of section 5, Township 33 
     North, Range 9 East, east of the Third Principal Meridian in 
     Wilmington Township, containing 6.99 acres, located along the 
     easterly side of the Kankakee Cut-Off in Will County, 
     Illinois, as depicted in the Arsenal Re-Use Concept, and the 
     connecting piping to the northern industrial site, as 
     described by the United States Army Report of Availability, 
     dated 13 December 1993; and
       (2) approximately 1,100 acres, the approximate legal 
     description of which includes part of sections 16, 17, 18 
     Florence Township, Township 33 North, Range 10 East, Will 
     County, Illinois, as depicted in the Arsenal Land Use 
     Concept.
       (c) Consideration.--The conveyance under subsection (a) 
     shall be made without consideration. However, the conveyance 
     shall be subject to the condition that, if the State of 
     Illinois reconveys all or any part of the conveyed property 
     to a non-Federal entity, the State shall pay to the United 
     States an amount equal to the fair market value of the 
     reconveyed property. The Secretary of the Army shall 
     determine the fair market value of any property reconveyed by 
     the State as of the time of the reconveyance, excluding the 
     value of improvements made to the property by the State. The 
     Secretary may treat a lease of the property as a reconveyance 
     if the Secretary determines that the lease was used in an 
     effort to avoid operation of this subsection. Amounts 
     received under this subsection shall be deposited in the 
     general fund of the Treasury for purposes of deficit 
     reduction.
       (d) Other Conditions of Conveyance.--
       (1) Redevelopment authority.--The conveyance under 
     subsection (a) shall be subject to the further condition that 
     the Governor of the State of Illinois establish a 
     redevelopment authority to be responsible for overseeing the 
     economic redevelopment of the conveyed land.
       (2) Time for establishment.--To satisfy the condition 
     specified in paragraph (1), the redevelopment authority shall 
     be established within one year after the date of the 
     enactment of this Act.
       (e) Reversionary Interest.--During the 20-year period 
     beginning on the date the Secretary 

[[Page H 8001]]
     of the Army makes the conveyance under subsection (a), if the Secretary 
     determines that a condition specified in subsection (c) or 
     (d) is not being satisfied or that the conveyed land is not 
     being used for economic development purposes, then, at the 
     option of the United States, all right, title, and interest 
     in and to the property, including improvements thereon, shall 
     be subject to reversion to the United States. In the event 
     the United States exercises its option to cause the property 
     to revert, the United States shall have the right of 
     immediate entry onto the property. Any determination of the 
     Secretary under this subsection shall be made on the record 
     after an opportunity for a hearing.
       (f) Surveys.--All costs of necessary surveys for the 
     transfer of real property under this section shall be borne 
     by the State of Illinois.
       (g) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the conveyance under this section as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
                  TITLE III--MISCELLANEOUS PROVISIONS

     SEC. 301. 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 Midewin 
     National Tallgrass Prairie under title I and the additional 
     real property disposals required under title II shall not 
     restrict or lessen in any way any 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, except to the extent otherwise 
     allowable under such laws.
       (c) Environmental Quality of Property.--Any contract for 
     sale, deed, or other transfer of real property under title II 
     shall be carried out in compliance with all applicable 
     provisions of section 120(h) of CERCLA and other 
     environmental laws.

                   amendments offered by mr. emerson

  The SPEAKER pro tempore. The Clerk will report the amendments.
  The Clerk read as follows:

       Amendents offered by Mr. Emerson: In section 105(b)(2) of 
     the bill, strike the sentence beginning with ``Such special 
     use'' and the sentence beginning with ``Fair market value''.
       In section 201 of the bill, strike subsection (e).

  Mr. EMERSON (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendments be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  Mr. STENHOLM. Mr. Speaker, reserving the right to object, I will not 
object, but I yield to the gentleman from Missouri [Mr. Emerson] to 
explain the amendments.
  Mr. EMERSON. Mr. Speaker, these are technical changes in the bill. 
The one offered by the Committee on Veterans' Affairs merely allows the 
Secretary of Veterans Affairs the authority to name the cemetery. The 
second amendment gives the Forest Service authority to manage land used 
for grazing in the same manner that other Forest Service lands are 
managed. These amendments have been cleared with the minority, and it 
is my understanding that there is no objection.
  Mr. Speaker, I include for the Record a letter from Jack Ward Thomas, 
Chief of the Forest Service, to the gentleman from Kansas, Pat Roberts, 
chairman of the Committee on Agriculture.
  The material referred to follows:

                                        Department of Agriculture,


                                               Forest Service,

                                    Washington, DC, July 28, 1995.
     Hon. Pat Roberts,
      Chairman, Committee on Agriculture, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: This is to confirm discussions my staff 
     have had with members of your staff regarding language 
     contained in a draft Agriculture Committee version of H.R. 
     714, the ``Illinois Land Conservation Act of 1995.''
       John Hogan, counsel to the Committee, has told my staff 
     that a proposed amendment may be offered on the House floor 
     to strike two sentences in subsection 105(b)(2). The 
     referenced subsection refers to the issuance by the Secretary 
     of Agriculture of special use authorizations for agricultural 
     purposes, including livestock grazing. The proposed amendment 
     would strike the second and third complete sentences in that 
     subsection, specifically: ``Such special use authorization 
     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.''
       It is our understanding that the proposed deletion of those 
     two sentences is intended to avoid any confusion between the 
     use provisions of this bill and the ongoing legislative 
     debate over grazing fees in the Western States. Mr. Hogan 
     asked our opinion as to what effect the deletion of these two 
     sentences would have on management of the Midewin National 
     Tallgrass Prairie.
       The proposed deletion of the referenced sentence would have 
     no practical effect on management of the Prairie. The Forest 
     Service will utilize the same general terms and conditions 
     for agricultural leasing as was utilized by the Army, 
     including competitive bidding for farming and leasing rights. 
     This system has worked well for the Army and we plan to 
     continue it. And, we note, the system is consistent with 
     general Forest Service management practices throughout the 
     Eastern United States.
       If we can provide additional information, please do not 
     hesitate to ask.
                                                 Jack Ward Thomas,
                                                            Chief.

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  The SPEAKER pro tempore. The question is on the amendments offered by 
the gentleman from Missouri [Mr. Emerson].
  The amendments were 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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