[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''.
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(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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