[Congressional Record Volume 150, Number 51 (Tuesday, April 20, 2004)]
[Senate]
[Pages S4162-S4164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DESIGNATING THE ORVILLE WRIGHT FEDERAL BUILDING AND THE WILBUR WRIGHT 
                   FEDERAL BUILDING IN WASHINGTON, DC

                                 ______
                                 

TRANSFERRING FEDERAL LANDS BETWEEN THE SECRETARY OF AGRICULTURE AND THE 
                       SECRETARY OF THE INTERIOR

  Mr. CRAPO. Mr. President, I ask unanimous consent that the EPW 
Committee be discharged from further consideration of H.R. 3118 and S. 
1814, en bloc, and the Senate move to the consideration of these two 
bills, en bloc.
  Mr. REID. Mr. President, reserving the right to object, I am going to 
let these matters go forward, but I have spoken personally with the 
chairman of the EPW Committee, which has jurisdiction over these 
matters. I have told him I am going to be very direct in my opposing 
anything that comes out of the committee until we get something 
resolved regarding a nomination of Gregg Jaczko, which has been sent 
here from the White House. As I said, I am going to let this go. This 
is fair warning to my distinguished chairman and friend, Senator 
Inhofe. I am not going to let anything else move, period, until we get 
a hearing date set on Gregg Jaczko. Here is a man who is a 
distinguished scholar in physics; he worked in the Senate; he is a 
Democrat, and we are entitled to have a Democrat on the Nuclear 
Regulatory Commission. It has been sent here by the White House. That 
doesn't happen very often.
  I don't want this to be held up in committee. If it is, everything 
will be held up in committee. With that, I have no objection.
  The PRESIDING OFFICER. The clerk will state the bills by title.
  The legislative clerk read as follows:

       A bill (H.R. 3118) to designate the Orville Wright Federal 
     Building and the Wilbur Wright Federal Building in 
     Washington, District of Columbia.
       A bill (S. 1814) to transfer Federal lands between the 
     Secretary of Agriculture and the Secretary of the Interior.

  There being no objection, the Senate proceeded to consider the bills, 
en bloc.

[[Page S4163]]

  Mr. CRAPO. Mr. President, I ask unanimous consent that the bills be 
read the third time and passed, the motions to reconsider be laid upon 
the table, and that any statements relating thereto be printed in the 
Record, en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 3118) was read the third time and passed.
  The bill (S. 1814) was read the third time and passed, as follows:

                                S. 1814

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PURPOSES AND DEFINITIONS.

       (a) Purposes.--The purposes of this Act are--
       (1) to transfer administrative jurisdiction of certain 
     Federal lands in Missouri from the Secretary of the Interior 
     to the Secretary of Agriculture for continued Federal 
     operation of the Mingo Job Corps Civilian Conservation 
     Center; and
       (2) to not change the Secretary of Labor's role or 
     authority regarding this Job Corps Center.
       (b) Definitions.--For the purposes of this Act--
       (1) ``Center'' means the Mingo Job Corps Civilian 
     Conservation Center in Stoddard County, Missouri, referenced 
     in section 2(a) of this Act;
       (2) ``eligible employee'' means a person who, as of the 
     date of enactment of this Act, is a full-time, part-time, or 
     intermittent annual or per hour permanent Federal Government 
     employee of the Fish and Wildlife Service at the Mingo Job 
     Corps Civilian Conservation Center, including the two fully 
     funded Washington Office Job Corps support staff;
       (3) ``Environmental Authorities'' mean all applicable 
     Federal, State and local laws (including regulations) and 
     requirements related to protection of human health, natural 
     resources, or the environment, including but not limited to: 
     the Comprehensive Environmental Response, Compensation and 
     Liability Act of 1980 (42 U.S.C. 9601, et seq.); the Solid 
     Waste Disposal Act (42 U.S.C. 6901, et seq.); the Federal 
     Water Pollution Control Act (33 U.S.C. 1251, et seq.); the 
     Clean Air Act (42 U.S.C. 7401, et seq.); the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et 
     seq.); the Toxic Substances Control Act (15 U.S.C. 2601, et 
     seq.); the Safe Drinking Water Act (42 U.S.C. 300f, et seq.); 
     and the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321, et seq.);
       (4) ``U.S. Fish and Wildlife Service'' means the United 
     States Fish and Wildlife Service as referenced at title 16, 
     United States Code, section 742b(b);
       (5) ``Forest Service'' means the Department of Agriculture 
     Forest Service as established by the Secretary of Agriculture 
     pursuant to the authority of title 16, United States Code, 
     section 551;
       (6) ``Job Corps'' means the national Job Corps program 
     established within the Department of Labor, as set forth in 
     the Workforce Investment Act of 1998, Public Law No. 105-220, 
     Sec. Sec. 141-161, 112 Stat. 1006-1021 (1998) (codified at 29 
     U.S.C. 2881-2901);
       (7) ``National Forest System'' means that term as defined 
     at title 16, United States Code, section 1609(a); and
       (8) ``National Wildlife Refuge System'' means that term as 
     defined at title 16, United States Code, section 668dd.

     SEC. 2. TRANSFER OF ADMINISTRATION.

       (a) Transfer of Center.--Administrative jurisdiction over 
     the Mingo Job Corps Civilian Conservation Center, comprising 
     approximately 87 acres in Stoddard County, Missouri, as 
     generally depicted on a map entitled ``Mingo National 
     Wildlife Refuge'', dated September 17, 2002, to be 
     precisely identified in accordance with subsection (c) of 
     this section, is hereby transferred, without 
     consideration, from the Secretary of the Interior to the 
     Secretary of Agriculture.
       (b) Maps and Legal Descriptions.--
       (1) The map referenced in this section shall be on file and 
     available for public inspection in the Office of the Chief, 
     Forest Service, Washington, DC, and in the office of the 
     Chief of Realty, U.S. Fish and Wildlife Service, Arlington, 
     Virginia.
       (2) Not later than 180 days after the date of enactment of 
     this Act, the Secretary of the Interior, in consultation with 
     the Secretary of Agriculture, shall file a legal description 
     and map of all of the lands comprising the Center and being 
     transferred by section 2(a) of this Act with the Committee on 
     Resources of the United States House of Representatives and 
     the Committee on Environment and Public Works of the United 
     States Senate, and such description and map shall have the 
     same force and effect as if included in this Act, except that 
     the Secretary of the Interior may make typographical 
     corrections as necessary.
       (c) Applicable Laws.--
       (1) Subject to section 3, the Center transferred pursuant 
     to subsection (a) shall be administered by the Secretary of 
     Agriculture and shall be subject to the laws and regulations 
     applicable to the National Forest System.
       (2) This transfer shall not conflict or interfere with any 
     laws and regulations applicable to Job Corps.

     SEC. 3. IMPLEMENTATION OF TRANSFER.

       (a) Reversion Requirement.--
       (1) In the event that the Center is no longer used or 
     administered for Job Corps purposes, as concurred to by the 
     Secretary of Labor, the Secretary of Agriculture shall so 
     notify the Secretary of the Interior, and the Secretary of 
     the Interior shall have 180 days from the date of such notice 
     to exercise discretion to reassume jurisdiction over such 
     lands.
       (2) The reversionary provisions of subsection (a) shall be 
     effected, without further action by the Congress, through a 
     Letter of Transfer executed by the Chief, Forest Service, and 
     the Director, United States Fish and Wildlife Service, and 
     with notice thereof published in the Federal Register within 
     60 days of the date of the Letter of Transfer.
       (b) Authorizations.--
       (1) In general.--A permit or other authorization granted by 
     the U.S. Fish and Wildlife Service on the Center that is in 
     effect on the date of enactment of this Act will continue 
     with the concurrence of the Forest Service.
       (2) Reissuance.--A permit or authorization described in 
     paragraph (1) may be reissued or terminated under terms and 
     conditions prescribed by the Forest Service.
       (3) Exercise of rights.--The Forest Service may exercise 
     any of the rights of the U.S. Fish and Wildlife Service 
     contained in any permit or other authorization, including any 
     right to amend, modify, and revoke the permit or 
     authorization.
       (c) Contracts.--
       (1) Existing contracts.--The Forest Service is authorized 
     to undertake all rights and obligations of the U.S. Fish and 
     Wildlife Service under contracts entered into by the U.S. 
     Fish and Wildlife Service on the Center that is in effect on 
     the date of enactment of this Act.
       (2) Notice of novation.--The Forest Service shall promptly 
     notify all contractors that it is assuming the obligations of 
     the U.S. Fish and Wildlife Service under such contracts.
       (3) Disputes.--Any contract disputes under the Contracts 
     Disputes Act (41 U.S.C. 601, et seq.) regarding the 
     administration of the Center and arising prior to the date of 
     enactment of this Act shall be the responsibility of the U.S. 
     Fish and Wildlife Service.
       (d) Memorandum of Agreement.--
       (1) In general.--The Chief, Forest Service, and the 
     Director, U.S. Fish and Wildlife Service, are authorized to 
     enter into a memorandum of agreement concerning 
     implementation of this Act, including procedures for--
       (A) the orderly transfer of employees of the U.S. Fish and 
     Wildlife Service to the Forest Service;
       (B) the transfer of property, fixtures, and facilities;
       (C) the transfer of records;
       (D) the maintenance and use of roads and trails; and
       (E) other transfer issues.
       (e) Agreements With the Secretary of Labor.--In the 
     operation of the Center, the Forest Service will undertake 
     the rights and obligations of the U.S. Fish and 
     Wildlife Service with respect to existing agreements with 
     the Secretary of Labor pursuant to Public Law 105-220 (29 
     U.S.C. 2887, et seq.), and the Forest Service will be the 
     responsible agency for any subsequent agreements or 
     amendments to existing agreements.
       (f) Records.--
       (1) Area management records.--The Forest Service shall have 
     access to all records of the U.S. Fish and Wildlife Service 
     pertaining to the management of the Center.
       (2) Personnel records.--The personnel records of eligible 
     employees transferred pursuant to this Act, including the 
     Official Personnel Folder, Employee Performance File, and 
     other related files, shall be transferred to the Forest 
     Service.
       (3) Land title records.--The U.S. Fish and Wildlife Service 
     shall provide to the Forest Service records pertaining to 
     land titles, surveys, and other records pertaining to 
     transferred real property and facilities.
       (g) Transfer of Personal Property.--
       (1) In general.--All federally owned personal property 
     present at the Center is hereby transferred without 
     consideration to the jurisdiction of the Forest Service, 
     except that with regard to personal property acquired by the 
     Fish and Wildlife Service using funds provided by the 
     Department of Labor under the Job Corps program, the Forest 
     Service shall dispose of any such property in accordance with 
     the procedures stated in section 7(e) of the 1989 Interagency 
     Agreement for Administration of Job Corps Civilian 
     Conservation Center Program, as amended, between the 
     Department of Labor and the Department of the Interior.
       (2) Inventory.--Not later than 60 days after the date of 
     enactment of this Act, the U.S. Fish and Wildlife Service 
     shall provide the Forest Service with an inventory of all 
     property and facilities at the Center.
       (3) Property included.--Property under this subsection 
     includes, but is not limited to, buildings, office furniture 
     and supplies, computers, office equipment, vehicles, tools, 
     equipment, maintenance supplies, and publications.
       (4) Exclusion of property.--At the request of the 
     authorized representative of the U.S. Fish and Wildlife 
     Service, the Forest Service may exclude movable property from 
     transfer based on a showing by the U.S. Fish and Wildlife 
     Service that the property is needed for the mission of the 
     U.S. Fish and Wildlife Service, cannot be replaced in a cost-
     effective manner, and is not needed for management of the 
     Center.

[[Page S4164]]

     SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORITIES.

       (a) Documentation of Existing Conditions.--
       (1) In general.--Within 60 days after the date of enactment 
     of this Act, the U.S. Fish and Wildlife Service shall provide 
     the Forest Service and the Office of Job Corps, Employment 
     and Training Administration, Department of Labor, all 
     reasonably ascertainable documentation and information that 
     exists on the environmental condition of the land comprising 
     the Center.
       (2) Additional documentation.--The U.S. Fish and Wildlife 
     Service shall provide the Forest Service and the Office of 
     Job Corps, Employment and Training Administration, Department 
     of Labor, with any additional documentation and information 
     regarding the environmental condition of the Center as such 
     documentation and information becomes available.
       (b) Actions Required.--
       (1) Assessment.--Within 120 days after the date of 
     enactment of this Act, the U.S. Fish and Wildlife Service 
     shall provide the Forest Service and the Office of Job Corps, 
     Employment and Training Administration, Department of Labor, 
     an assessment, consistent with ASTM Standard E1527, 
     indicating what action, if any, is required on the Center 
     under any Environmental Authorities.
       (2) Memorandum of agreement.--If the findings of the 
     environmental assessment indicate that action is required 
     under applicable Environmental Authorities with respect to 
     any portion of the Center, the Forest Service and the U.S. 
     Fish and Wildlife Service shall enter into a memorandum of 
     agreement that--
       (A) provides for the performance by the U.S. Fish and 
     Wildlife Service of the required actions identified in the 
     environmental assessment; and
       (B) includes a schedule for the timely completion of the 
     required actions to be taken as agreed to by U.S. Fish and 
     Wildlife Service and Forest Service.
       (c) Documentation of Actions.--After a mutually agreeable 
     amount of time following completion of the environmental 
     assessment, but not exceeding 180 days from such completion, 
     the U.S. Fish and Wildlife Service shall provide the Forest 
     Service and the Office of Job Corps, Employment and Training 
     Administration, Department of Labor, with documentation 
     demonstrating that all actions required under applicable 
     Environmental Authorities have been taken that are necessary 
     to protect human health and the environment with respect to 
     any hazardous substance, pollutant, contaminant, hazardous 
     waste, hazardous material, or petroleum product or derivative 
     of a petroleum product on the Center.
       (d) Continuation of Responsibilities and Liabilities.--
       (1) In general.--The transfer of the Center and the 
     requirements of this section shall not in any way affect the 
     responsibilities and liabilities of the U.S. Fish and 
     Wildlife Service at the Center under any applicable 
     Environmental Authorities.
       (2) Access.--At all times after the date of enactment of 
     this Act, the U.S. Fish and Wildlife Service and its agents 
     shall be accorded any access to the Center that may be 
     reasonably required to carry out the responsibility or 
     satisfy the liability referred to in paragraph (1).
       (3) No liability.--The Forest Service shall not be liable 
     under any applicable Environmental Authorities for matters 
     that are related directly or indirectly to activities of the 
     U.S. Fish and Wildlife Service or the Department of Labor on 
     the Center occurring on or before the date of enactment of 
     this Act, including liability for--
       (A) costs or performance of response actions required under 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601, et seq.) at or related 
     to the Center; or
       (B) costs, penalties, fines, or performance of actions 
     related to noncompliance with applicable Environmental 
     Authorities at or related to the Center or related to the 
     presence, release, or threat of release of any hazardous 
     substance, pollutant, or contaminant, hazardous waste, 
     hazardous material, or petroleum product or derivative of a 
     petroleum product of any kind at or related to the Center, 
     including contamination resulting from migration.
       (4) No effect on responsibilities or liabilities.--Except 
     as provided in paragraph (3), nothing in this title affects, 
     modifies, amends, repeals, alters, limits or otherwise 
     changes, directly or indirectly, the responsibilities or 
     liabilities under applicable Environmental Authorities with 
     respect to the Forest Service after the date of enactment of 
     this Act.
       (e) Other Federal Agencies.--Subject to the other 
     provisions of this section, a Federal agency that carried or 
     carries out operations at the Center resulting in the 
     violation of an environmental authority shall be responsible 
     for all costs associated with corrective actions and 
     subsequent remediation.

     SEC. 5. PERSONNEL.

       (a) In General.--
       (1) Employment.--Notwithstanding section 3503 of title 5, 
     United States Code, the Forest Service will accept the 
     transfer of eligible employees at their current pay and grade 
     levels to administer the Center as of the date of enactment 
     of this Act.
       (b) Transfer-Appointment in the Forest Service.--Eligible 
     employees will transfer, without a break in Federal service 
     and without competition, from the Department of the Interior, 
     U.S. Fish and Wildlife Service, to the Department of 
     Agriculture, Forest Service, upon an agreed date by both 
     agencies.
       (c) Employee Benefit Transition.--Employees of the U.S. 
     Fish and Wildlife Service who transfer to the Forest 
     Service--
       (1) shall retain all benefits and/or eligibility for 
     benefits of Federal employment without interruption in 
     coverage or reduction in coverage, including those pertaining 
     to any retirement, Thrift Savings Plan (TSP), Federal 
     Employee Health Benefit (FEHB), Federal Employee Group Life 
     Insurance (FEGLI), leave, or other employee benefits;
       (2) shall retain their existing status with respect to the 
     Civil Service Retirement System (CSRS) or the Federal 
     Employees Retirement System (FERS);
       (3) shall be entitled to carry over any leave time 
     accumulated during their Federal Government employment;
       (4) shall retain their existing level of competitive 
     employment status and tenure; and
       (5) shall retain their existing GM, GS, or WG grade level 
     and pay.

     SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS.

       (a) The U.S. Fish and Wildlife Service and the Forest 
     Service will cover their own costs in implementing this Act.
       (b) There is hereby authorized to be appropriated such sums 
     as may be necessary to carry out this Act.

                          ____________________