[House Report 104-191]
[From the U.S. Government Publishing Office]



                                                                       
104th Congress                                            Rept. 104-191
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
                 ILLINOIS LAND CONSERVATION ACT OF 1995

_______________________________________________________________________


                 July 18, 1995.--Ordered to be printed

                                _______


 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 714]

      [Including cost estimate of the Congressional Budget Office]
    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 714) to establish the Midewin 
National Tallgrass Prairie in the State of Illinois, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Illinois Land 
Conservation Act of 1995''.
  (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 other action required 
        under environmental law to remediate petroleum products or 
        their derivatives, the response action or other such action 
        shall take priority.
  (f) Surveys.--All costs of necessary surveys for the transfer of 
jurisdiction of 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--
          (1) remain liable for environmental contamination attributed 
        to the Army; and
          (2) with respect to such contamination, continue to carry 
        out--
                  (A) all response actions required under CERCLA at or 
                related to the property;
                  (B) all remediation actions required under any other 
                environmental law at or related to the property; and
                  (C) 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 applicable environmental law of any 
        person (including the Secretary of Agriculture), except as 
        provided in paragraph (3) with respect to the Secretary of 
        Agriculture.
          (2) Liability of secretary of the army.--The Secretary of the 
        Army shall retain any obligation or other liability at the 
        Arsenal that the Secretary may have under CERCLA and other 
        environmental laws. Following transfer of any portions of the 
        Arsenal pursuant to this Act, the Secretary of the Army shall 
        be accorded all easements and access to such property as may be 
        reasonably required to carry out such obligation or satisfy 
        such liability.
          (3) Special rules for secretary of agriculture.--The 
        Secretary of Agriculture shall not be responsible or liable 
        under any environmental law for matters which are in any way 
        related directly or indirectly to activities of the Secretary 
        of the Army, or any party acting under the authority of the 
        Secretary in connection with the Defense Environmental 
        Restoration Program, at the Arsenal and which are for any of 
        the following:
                  (A) Costs of response actions required under CERCLA 
                at or related to the Arsenal.
                  (B) Costs, penalties, or fines related to 
                noncompliance with any environmental law at or related 
                to the Arsenal or related to the presence, release, or 
                threat of release of any hazardous substance, 
                pollutant, contaminant, hazardous waste or hazardous 
                material of any kind at or related to the Arsenal, 
                including contamination resulting from migration of 
                hazardous substances, pollutants, contaminants, 
                hazardous materials, or petroleum products or their 
                derivatives disposed during activities of the 
                Department of the Army.
                  (C) Costs of actions necessary to remedy such 
                noncompliance or other problem specified in 
                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 statutes to remediate petroleum products or their 
derivatives, including motor oil and aviation fuel.
  (d) Consultation.--The Secretary of Agriculture shall consult with 
the Secretary of the Army with respect to the Secretary of 
Agriculture's management of real property included in the 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 conserve and enhance populations and habitats of fish, 
        wildlife, and plants, including populations of grassland birds, 
        raptors, passerines, and marsh and water birds.
          (2) To restore and enhance, where practicable, habitat for 
        species listed as proposed, threatened or endangered under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
          (3) To provide fish and wildlife oriented public uses at 
        levels compatible with the conservation, enhancement and 
        restoration of native wildlife and plants and their habitats.
          (4) To provide opportunities for scientific research.
          (5) To provide opportunities for environmental and land use 
        education.
          (6) To manage the land and water resources of the MNP in a 
        manner that will conserve and enhance the natural diversity of 
        native fish, wildlife, and plants.
          (7) To conserve and enhance the quality of aquatic habitat.
          (8) To provide for public recreation insofar as such 
        recreation is compatible with the other purposes for which the 
        MNP is established.
  (d) 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 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 such Secretary 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.

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 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), all right, 
title, and interest in and to the property, including improvements 
thereon, shall revert to the United States. 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.
  (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 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 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 makes the conveyance under subsection (a), if 
the Secretary determines that a condition specified in subsection (c) 
or (d) is not being satisfied, all right, title, and interest in and to 
the conveyed property, including improvements thereon, shall revert to 
the United States. 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.
  (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.
                          purpose and summary

    The purpose of the ``Illinois Land Conservation Act of 
1995'' is to provide for the orderly conversion of lands at the 
Joliet Army Ammunition Plant (``Joliet Arsenal'') to the 
Midewin National Tallgrass Prairie (MNP) and other non-defense 
purposes. The total acreage involved is 23,500 acres (36.7 
square miles). Of this amount, 3,000 acres would be transferred 
to the State of Illinois for use in economic redevelopment; 982 
acres would be transferred to the Department of Veterans 
Affairs for use as a national cemetery; 455 acres would be 
transferred to Will County, Illinois for use as a landfill; and 
the remaining 19,063 acres would be transferred to the 
Department of Agriculture for management as the MNP. The 
Department of the Army would retain responsibility for 
environmental restoration of Arsenal properties, including the 
cleanup of sites under the Comprehensive Environmental 
Response, Compensation and Liability Act of 1980 
(``Superfund'').

                          need for legislation

    In April of 1993, the Department of the Army announced the 
closing of the Joliet Arsenal, located in northeast Illinois, 
about 40 miles southwest of Chicago. The Joliet Arsenal was the 
Army's leading producer of munitions during World War II and 
was reactivated during the Korean and Viet Nam conflicts; 
however, the Army determined that the Arsenal is no longer 
required for use by the military.
    Also in 1993, then-Congressman George Sangmeister formed 
the ``Joliet Arsenal Citizen Planning Commission'' to develop 
recommendations for use of Arsenal lands. This action was taken 
based on the recognized opportunity to achieve multi-use 
benefits with Arsenal lands.
    The Commission consisted of representatives from local, 
State and Federal agencies, local school districts and 
conservation groups, and the business community. The Commission 
developed a consensus plan in April of 1994 and revised its 
recommendations on May 30, 1995. This plan is reflected in the 
``Proposed Future Land Use'' map provided to the Committee on 
Transportation and Infrastructure in June of 1995.
    The bill H.R. 714 would ratify in principle the proposals 
generally identified on the land use map and would result in 
resumed beneficial use of Arsenal lands. The plan has four 
basic goals: (1) reestablish prairie habitat for wildlife, 
recreational and educational purposes, through creation of the 
Midewin National Tallgrass Prairie (MNP); (2) create a national 
cemetery to satisfy the need for such a facility in the region; 
(3) establish an area for economic redevelopment to partially 
compensate for lost economic activity due to the Arsenal's 
closure; and (4) establish a landfill for use by Will County 
and for use in the disposition of non-hazardous materials 
resulting from the Army's cleanup activity at the Arsenal. 
These goals will be achieved without reducing the Army's 
responsibility for any environmental cleanup work that is 
required under existing law.

      discussion of committee bill and section-by-section analysis

Section 1, Short title and table of contents

Section 2. Definitions

    Defines key terms used in the bill, including 
``environmental law'', ``MNP'', and several terms from the 
Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 (``Superfund'').

Title I--Conversion of Joliet Army Ammunition Plant to Midewin National 
                           Tallgrass Prairie

Section 101. Principles of transfer

    This section ratifies in principle the land use plan 
developed by the Joliet Arsenal Citizen Planning Commission and 
approved by the Commission on May 30, 1995. Arsenal lands that 
are to be converted to the MNP are to be transferred from the 
Secretary of the Army to the Secretary of Agriculture without 
reimbursement. Both the Army and Agriculture are to be 
responsible for providing physical security measure on lands 
under their respective jurisdictions. Prior to the transfer of 
land from the Army's jurisdiction to Agriculture's 
jurisdiction, Agriculture is to have reasonable access to the 
Arsenal for planning, resource, inventory and other activities 
that are consistent with the purposes of the MNP.
    The Committee recognizes that detailed plans for the future 
use and management of Arsenal lands and facilities do not yet 
exist. That is why the Commission's land use plan is ratified 
in principle by this section. A general land use plan has been 
provided to the Committee that reflects the recommended future 
uses of Arsenal lands, the location of Superfund study sites, 
resource management designations and other features of the 
Arsenal. While the Committee's approval is based on the 
information contained in the plan, it understands that minor 
modifications may be necessary to fully implement the MNP and 
other provisions of this bill.
Section 102. Transfer of management responsibilities and jurisdiction 
        over Arsenal

    This section requires the Secretary of the Army to transfer 
to the Secretary of Agriculture within 6 months of enactment 
those Arsenal lands that do not require further cleanup or 
other action under any environmental law. Remaining additional 
lands that are to become eligible for inclusion in the MNP are 
to be transferred as they are determined by the Administrator 
of the Environmental Protection Agency and the Secretary of the 
Army to require no further cleanup. Transfers of Arsenal 
property required in this section do not diminish the Army's 
responsibility or liability for cleanup activities on the 
Arsenal. All Arsenal lands are to be transferred except (1) 
those lands retained by Army (including those identified in 
section 106) for use in: water treatment; treatment, storage or 
disposal of hazardous substance or other listed items; response 
actions at the Arsenal; and other actions required under other 
environmental laws, and (2) those lands transferred to other 
entities in accordance with Title II.
    The Secretary of the Army is to consult with the Secretary 
of Agriculture to coordinate activities at the Arsenal to 
assure that, to the extent practicable, such activities are 
consistent with the purposes of the MNP. Where property 
management conflicts do occur, however, the Army's 
environmental response actions and other environmental 
restoration activities are to receive priority.

Section 103. Continuation of responsibility and liability of Secretary 
        of the Army for environmental cleanup

    This section clarifies that the Secretary of the Army's 
liability and responsibility on transferred Arsenal lands, 
whether under Superfund or other environmental law, is not to 
transfer to the Secretary of Agriculture. This section further 
provides that the Secretary of the Army shall remain liable for 
environmental contamination attributed to the Army and shall 
carry out all response and other actions required under the 
Superfund and other environmental laws. However, any Federal 
agency whose operations at the Arsenal result in a release or 
threatened release of hazardous substances or other items is 
required to pay the cost of necessary response or remedial 
actions. Agriculture must coordinate its proposed activities 
with the Army to assure that contamination problems are not 
exacerbated.

Section 104. Establishment and administration of Midewin National 
        Tallgrass Prairie

    Section 104 requires the Secretary of Agriculture to 
establish the Midewin National Tallgrass Prairie (MNP) when 
lands are transferred by the Army for that purpose. The MNP is 
to be managed as part of the National Forest System. 
Agriculture is to consult with the State of Illinois and local 
governments in developing the MNP land and resource management 
plan and shall allow for public comment. The MNP is to be 
managed for various conservation, public use, scientific, 
educational and recreational purposes. The Land & Water 
Conservation Fund may be used to acquire additional land from 
willing sellers for inclusion in the MNP. In managing the MNP, 
Agriculture is to cooperate with appropriate Federal, State and 
local governmental agencies as well as private interests having 
interest in the MNP.

Section 105. Special management requirements for Midewin National 
        Tallgrass Prairie

    No new construction of any Federal, State or local road or 
highway is to be permitted in the MNP, except for those 
required for us within the MNP and utility rights-of-way. 
Existing agricultural leases granted by the Army are to 
continue as special use permits issued by Agriculture, with 
terms and conditions that are identical to the original leases. 
Agriculture may issue new special use permits, provided rental 
fees are based on fair market value and are subject to 
appropriate terms and conditions. Permit durations are 
generally not to exceed 20 years beyond the date of enactment 
of this bill, but exceptions are allowed for grazing permits 
that are primarily related to erosion control, fish and 
wildlife benefits, or other resource management activities that 
are consistent with the purposes of the MNP. The appropriate 
share of monies from fees for leases or permits are to be 
provided to the State of Illinois in accordance with existing 
law; any funds that are not provided to the State are to go to 
a special fund in the Treasury. Subject to appropriation, funds 
in this special fund shall be available to Agriculture for 
prairie improvement activities; otherwise, they are to go to 
the Forest Service Fund.
    Agriculture may also collect admission, occupancy and use 
fees and may sell for salvage any facilities and improvements 
(this does not include lands) which have been transferred to 
it. Monies from such fees and salvage shall be placed in a 
special MNP Restoration Fund in the Treasury for use in 
restoration and improvements at the MNP, subject to 
appropriation. Persons having a Golden Eagle Passport or a 
Golden Age Passport will not be required to pay any additional 
fees.

Section 106. Special disposal rules for certain Arsenal parcels 
        intended for MNP

    This section specifies additional parcels of land which, 
after remedial actions are taken by the Army and approved by 
EPA, Agriculture has the option to take over from the Army. 
These parcels are located in areas known as the Manufacturing 
Area and the Load-Assemble-Packing Area. If Agriculture accepts 
these lands, they shall be transferred by Army without 
reimbursement; otherwise, the Army shall retain such lands and 
may dispose of such lands under applicable laws.
     Title II--Other Real Property Disposals Involving Joliet Army 
                            Ammunition Plant

Section 201. Disposal of certain real property at Arsenal for a 
        national Cemetery

    This section requires the Secretary of the Army to transfer 
982 acres of Arsenal lands, without reimbursement, to the 
Department of Veterans Affairs, within 6 months of enactment, 
for use as a national cemetery. A general description of the 
Property is provided. Veterans Affairs is to provide necessary 
security measures and is responsible for paying the cost of 
necessary surveys.

Section 202. Disposal of certain real property at Arsenal for a county 
        landfill

    Section 202 requires the Army to transfer 455 acres of 
Arsenal lands, without compensation, to Will County, Illinois, 
to be operated as a landfill. A general description of the 
property is provided. Will County is to pay the costs of 
surveys necessary for the transfer of this property.
    The conveyance required in this section is subject to the 
requirement that the Army is to be permitted to use the 
landfill at no cost for disposal of construction debris, refuse 
and other nonhazardous materials resulting from Army's 
restoration and cleanup activities at the Arsenal. Such use by 
the Army shall be at no cost to the Federal Government. If, 
during the 5-year period beginning after the date of 
conveyance, the Army determines that the site is not being 
operated as a landfill or that the Army is not being allowed to 
use the landfill for the previously mentioned disposal 
activities, title to the property shall revert to the United 
States.
    In executing the agreement for the transfer of lands under 
this section, the Committee expects the Secretary of the Army 
to include adequate terms and conditions in connection with the 
conveyance that are appropriate to protect the interests of the 
United States. Such terms and conditions should include a 
condition relating to the reversionary interest that allows the 
Federal Government not to accept return of title to the lands 
if they become contaminated with any hazardous substance, 
pollutant, contaminant, hazardous material, or petroleum 
products or their derivatives following the initial transfer 
from the Army.

Section 203. Disposal of certain real property at Arsenal for economic 
        development

    This section requires the Army to transfer 3,000 acres of 
Arsenal lands, without compensation, to the State of Illinois, 
for economic redevelopment to replace economic activity lost at 
the Arsenal. A general description of the property is provided. 
The State of Illinois is to pay the costs of surveys necessary 
for the transfer of this property.
    If the State reconveys any of the property, the United 
States is to be reimbursed an amount equal to fair market value 
of that property at the time of the reconveyance. The State, 
within 1 year of enactment, must establish a redevelopment 
authority that will be responsible for overseeing the economic 
redevelopment activities. If, during the 20-year period 
beginning after the date of conveyance, the Army determines 
that the site is subsequently reconveyed by the State or that 
the State has not established a redevelopment authority, title 
to the property shall revert to the United States.
    As in the previous section, the Committee expects the 
Secretary of the Army to include adequate terms and conditions 
in connection with the conveyance required in this section that 
are appropriate to protect the interests of the United States, 
including a condition relating to the reversionary interest 
that allows the Federal Government not to accept return of 
title to the lands if they are contaminated with any hazardous 
substance, pollutant, contaminant, hazardous material, or 
petroleum products or their derivatives following the initial 
transfer from the Army.

                  Title III--Miscellaneous provisions

Section 301. Degree of environmental cleanup

    This section provides that nothing in this Act shall be 
construed to affect the degree of environmental cleanup 
required at the Arsenal. Establishment of the MNP shall not 
restrict or lessen any response action or degree or cleanup 
under Superfund or other environmental law. Any contract for 
sale, deed, or other transfer of real property under Title II 
shall be in accordance with applicable provisions of section 
120(h) of Superfund and other environmental laws.

               HEARINGS AND PREVIOUS LEGISLATIVE ACTIVITY

    In the 103d Congress, Congressman Sangmeister introduced 
legislation (H.R. 4946) to implement the Commission's 
recommendations. Similar legislation (S. 2398) was introduced 
in the Senate by Senators Simon and Moseley-Braun. H.R. 4946 
passed the House in October of 1994, but neither bill was acted 
on by the Senate.
    On January 26, 1995, Congressman Jerry Weller reintroduced 
the bill as H.R. 714. The bill was referred to the Committees 
on Agriculture (primary committee), National Security, 
Commerce, and Transportation and Infrastructure. Senators Simon 
and Moseley-Braun introduced the Senate counterpart, S. 449, on 
February 16th. No other committee has held hearings or 
otherwise acted on the legislation.
    On April 17, 1995, the Committee on Transportation and 
Infrastructure conducted a hearing on H.R. 714 in Elwood, 
Illinois, a community in the immediate vicinity of the Arsenal. 
Testimony was received from a number of Federal, state and 
local officials and representatives of veterans, conservation, 
economic development and educational organizations. Although 
several modifications were recommended (primarily from Federal 
Witnesses), the bill was broadly supported by the witnesses. 
The amended bill reflects consideration of those 
recommendations.

                        committee consideration

    In order to expedite consideration of H.R. 714, the 
Subcommittee on Water Resources and Environment was discharged 
from consideration of the bill.
    The Committee, in compliance with rule XI, clause 2(l) of 
the rules of the House of Representatives, reports favorably 
the bill, H.R. 714, as amended. The amendment was in the form 
of a substitute offered by Mr. Weller. The Committee approved 
the amendment and ordered the bill reported by voice vote.

                      committee oversight findings

    Clause 2(l)(3)(A) of rule XI requires each committee report 
to contain oversight findings and recommendations required 
pursuant to clause 2(b)(1) of rule X. The Committee has no 
specific oversight findings.

 oversight findings and recommendations of the committee on government 
                          reform and oversight

    Clause 2(l)(3)(D) of rule XI requires each committee report 
to contain a summary of the oversight findings and 
recommendations made by the Government Reform and Oversight 
Committee pursuant to clause 4(c)(2) of rule X, whenever such 
findings have been timely submitted. The Committee on 
Transportation and Infrastructure has received no findings and 
recommendations from the Committee on Government Reform and 
Oversight.

                        committee cost estimate

    Clause 2(l)(3)(B) of rule XI requires each committee report 
that accompanies a measure providing new budget authority, new 
spending authority, or new credit authority or changing 
revenues or tax expenditures to contain a cost estimate, as 
required by section 308(a)(1) of the Congressional Budget Act 
of 1974 and, when practicable with respect to estimates of new 
budget authority, a comparison of the total estimated funding 
levels for the relevant program (or programs) to the 
appropriate levels under current law.
    Clause 7. (a) of rule XIII requires committees to include 
their own cost estimates in certain committee reports, which 
include, where practicable, a comparison of the total estimated 
funding level for the relevant program (or programs) with the 
appropriate levels under current law.
    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office, pursuant to 
section 403 of the Congressional Budget Act of 1974.

                 congressional budget office estimates

    Clause 2(l)(3)(C) of rule XI requires each committee report 
to include a cost estimate prepared by the Director of the 
Congressional Budget Office, pursuant to section 403 of the 
Congressional Budget Act of 1974, if the cost estimate is 
timely submitted. The following is the Congressional Budget 
Office cost estimate:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 26, 1995.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 714, the Illinois Land Conservation Act of 1995, 
as ordered reported by the House Committee on Transportation 
and Infrastructure on June 14, 1995. This estimate differs from 
one that CBO prepared on June 14, 1995, which was for the 
introduced bill.
    Enacting H.R. 714 would affect direct spending; hence, pay-
as-you-go procedures would apply to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).
               congressional budget office cost estimate

    1. Bill number: H.R. 714.
    2. Bill title: The Illinois Land Conservation Act of 1995.
    3. Bill status: As ordered reported by the House Committee 
on Transportation and Infrastructure on June 14, 1995.
    4. Bill purpose: H.R. 714 would convert the Joliet Army 
Ammunition Plant (Arsenal) to the Midewin National Tallgrass 
Prairie (MNP). Conversion would occur by transferring a portion 
of the arsenal from the Department of the Army to the 
Department of Agriculture (USDA). At least 16,000 acres are 
expected to be transferred upon enactment, with another 3,000 
acres transferred as the Army completes environmental clean-up 
already underway on the property. The bill also specifies that 
the Army must transfer about 982 acres to the Department of 
Veterans Affairs to establish a national cemetery, about 455 
acres to Will County, Illinois, to be operated as a landfill, 
and about 3,000 acres to the state Illinois for economic 
development purposes. The bill provides for making all 
transfers without compensation, except that if the state of 
Illinois later sells any of the land transferred to it, 
Illinois must reimburse the federal government for the land's 
fair market value.
    5. Estimated cost to the Federal Government: CBO estimates 
that enacting H.R. 714 would result in receipts from asset 
sales in fiscal years 1996 and 1997, increased offsetting 
receipts in 1998 through 2000, decrease direct spending in all 
years, and increased discretionary spending in all years. For 
pay-as-you-go purposes, the bill would decrease outlays by 
about $1 million in 1996, $1 million in 1997, and $2 million in 
1998. The following table summarizes the estimated budgetary 
changes, relative to current law, that would result from 
enacting H.R. 714.

------------------------------------------------------------------------
                      1996       1997       1998       1999       2000  
------------------------------------------------------------------------
 ADDITIONAL ASSET                                                       
  SALE RECEIPTS                                                         
                                                                        
Estimated Budget                                                        
 Authority.......       -1.8       -1.8          0          0          0
Estimated Outlays       -1.8       -1.8          0          0          0
                                                                        
    ADDITIONAL                                                          
    OFFSETTING                                                          
   RECEIPTS AND                                                         
 DIRECT SPENDING                                                        
                                                                        
Offsetting                                                              
 receipts:                                                              
    Estimated                                                           
     Budget                                                             
     Authority...          0          0       -1.5       -3.0       -3.0
    Estimated                                                           
     Outlays.....          0          0       -1.5       -3.0       -3.0
Direct spending:                                                        
    Estimated                                                           
     Budget                                                             
     Authority...       -0.8       -0.8       -0.8       -0.8       -0.8
Estimated Outlays       -0.5       -0.7       -0.8       -0.8       -0.8
Net spending:                                                           
    Estimated                                                           
     Budget                                                             
     Authority...       -0.8       -0.8       -2.3       -3.8       -3.8
    Estimated                                                           
     Outlays.....       -0.5       -0.7       -2.3       -3.8       -3.8
                                                                        
    ADDITIONAL                                                          
 SPENDING SUBJECT                                                       
TO APPROPRIATIONS                                                       
      ACTION                                                            
                                                                        
Estimated Budget                                                        
 Authority.......        4.0       18.1        2.3        3.8        3.8
Estimated Outlays        2.4        4.7        6.1        8.7        9.2
------------------------------------------------------------------------

    The costs of this bill fall within budget functions 050, 
300, and 700.
    The table does not include potential savings, subject to 
appropriations, that cold accrue to the Army for decreased 
costs for both waste disposal and environmental clean-up 
associated with the arsenal property. The potential savings 
depend upon what appropriations for such costs would otherwise 
be, and those costs under current law are very uncertain.
    6. Basis of estimate: The estimates shown in the table 
assume that H.R. 714 would be enacted by the beginning of 
fiscal year 1996 and that the necessary funds would be 
appropriated each year. Estimates are based on information from 
the Army, USDA, the Department of Veterans Affairs, Will 
County, Illinois, and the Illinois Department of Conservation.
    Asset Sal Receipts. After receiving jurisdiction over the 
Joliet Arsenal, USDA plans to sell improvements (such as 
railroad equipment and steel) from the arsenal property, 
resulting in receipts estimated to total $3.5 million over 
fiscal years 1996 and 1997. The Army has no plans to conduct 
such a sale under current law.
    The Army is not now using the Joliet Arsenal and has no 
plans for its future use. The arsenal remains in caretaker 
status with ongoing operation and maintenance costs borne by 
the Army.
    Offsetting Receipts. Agricultural leases on arsenal 
property currently bring in about $1.1 million in receipts 
annually. H.R. 714 would permit agricultural leasing to 
continue on the property transferred from the Army to USDA, so 
there would be no change in the amount of such receipts.
    Also as a result of enacting H.R. 714, USDA expects to 
collect annual user fees of about $3 million from visitors to 
the new Midewin National Tallgrass Prairie (MNP) beginning 
three to four years after enactment of the bill. We estimate 
that user fee receipts would be phased in beginning in 1998 and 
would reach $3 million a year by 1999.
    In sum, under H.R. 714 asset sale receipts and other 
offsetting receipts would total about $16.3 million over the 
five-year period (1996-2000)--an increase of about $11 million 
over the receipts expected under current law.
    Direct Spending. Under current law, the Army has authority 
to spend the agricultural lease receipts without further 
appropriation. H.R. 714, as approved by the Committee on 
Transportation and Infrastructure on June 14, 1995, would make 
the spending of all additional income received from the asset 
sales, user fees, and agricultural lease receipts subject to 
appropriations action, except that 25 percent of the 
agricultural lease receipts would be paid to the state without 
any appropriations action. Thus, compared to direct spending 
under current law, we estimate that outlays would decrease by 
roughly $500,000 in 1996 and by about $4 million over the 1996-
2000 period.
    Spending Subject to Appropriations Action. Section 105 
provides for placing the receipts in special funds to pay for 
prairie-improvement work, and for restoring, operating and 
maintaining the MNP, including constructing a visitor and 
education center, recreational facilities, and administrative 
offices. Expenditures from this fund would be subject to 
appropriations action. Based on information from the USDA, CBO 
estimates that such expenditures would require appropriations 
of about $2.6 million in fiscal year 1996 and, for the 1996-
2000 period, a total of about $15 million for prairie 
improvement and for operating and maintaining the proposed 
MNP--including any necessary construction.
    The Department of Veterans Affairs (VA) is using 1995 funds 
to complete the master plan for the proposed national cemetery 
in Joliet. According to VA, about $1.4 million would be 
necessary to begin the design phase of the project in 1996. VA 
also estimates $15.5 million would be required to initiate 
construction in 1997. Hence, the table shows these amounts as a 
cost of implementing H.R. 714, which would be subject to 
appropriation of the necessary funds. Additional operating and 
maintenance costs would be incurred in years after 2000.
    The bill specifies that the 455 acres transferred to Will 
County, Illinois, will be operated as a landfill and that any 
federal agency will be able to use the landfill at no cost. The 
Army plans to use the landfill for disposal of construction and 
building waste from the arsenal. By using this new landfill, 
the Army would save money by avoiding tipping fees as well as 
higher transportation fees for waste disposal at a more distant 
landfill. (Other waste from environmental clean-up at the 
arsenal would be disposed of at a permitted landfill 
appropriate for that waste.) Will County is unsure when the new 
landfill would open, but estimates that 1998 is the earliest 
that operations could begin. The Army is unsure of the amount 
of waste it would dispose of at this landfill. Given these 
uncertainties, CBO can estimate neither the timing nor the 
magnitude of any savings that might be realized if the Army 
used the new landfill. Hence, we have not included any estimate 
of savings in the table. If H.R. 714 were enacted and the Army 
used the proposed landfill, savings could be significant. 
(Preliminary Army estimates indicate that savings could range 
from several million dollars to more than $100 million over 
several years.)
    According to the Environmental Protection Agency (EPA), 
environmental clean-up at the arsenal is currently planned to 
meet recreational and industrial standards. Clean-up is 
scheduled to begin in 1997 and conclude by 2002. EPA has 
assumed the arsenal property would be used for the recreational 
and industrial purposes specified in H.R. 714. Without specific 
plans indicating how a property will be used, EPA plans 
environmental clean-ups to a higher residential standard. While 
EPA cannot yet estimate the environmental clean-up costs at the 
arsenal, it has generally found clean-up to a residential 
standard to be significantly more costly than clean-up to 
recreational and industrial standards. CBO cannot predict what 
the actual clean-up costs or the final clean-up standards would 
be under current law because it is unclear whether the Army 
would transfer the property to another agency through the 
General Services Administration (GSA), or whether the property 
would be sold by GSA to someone in the private sector. Such 
transfers could affect the clean-up standard required. 
Depending on the clean-up standard applied under current law, 
the Army could realize considerable environmental clean-up 
savings in 1997 and beyond if the bill is enacted.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 
(BBEDCA) sets up pay-as-you-go procedures for legislation 
affecting direct spending or receipts through 1998. H.R. 714 
would affect direct spending by increasing offsetting receipts 
and by altering the current authority to spend offsetting 
receipts.
    The following table shows CBO's estimate of the net change 
in outlays for pay-as-you-go purposes.

------------------------------------------------------------------------
                                 1995       1996       1997       1998  
------------------------------------------------------------------------
Change in outlays...........          0         -1         -1         -2
Change in receipts..........      (\1\)      (\1\)      (\1\)      (\1\)
------------------------------------------------------------------------
\1\ Not applicable.                                                     

    8. Estimated cost to State and local governments: The bill 
provides that if the state of Illinois sells or leases any of 
the 3,000 acres transferred to it, the state must reimburse the 
federal government for the land's fair market value. Based on 
information from the Army, we estimate that the current market 
value could be as high as $3,000 per acre. The Illinois 
Department of Conservation does not expect to sell any land for 
at least ten to twenty years, however, and cannot predict how 
much land might be reconveyed at that time.
    If H.R. 714 were enacted, the state of Illinois would 
receive 25 percent of the receipts from the agricultural leases 
on USDA's Forest Service land, which would total approximately 
$275,000 per year.
    The bill provides that Will County, Illinois and the state 
of Illinois pay the costs of any necessary surveys for the 
transfer of property. According to the Illinois Department of 
Conservation, the survey costs would be insignificant.
    9. Estimate comparison: None.
    10. Previous CBO estimate: On June 14, 1995, CBO prepared 
an estimate for H.R. 714 as introduced. That estimate differs 
from the estimate for the version approved by the Committee on 
Transportation and Infrastructure because the introduced 
version would allow direct spending of new USDA receipts 
without further legislation, while the Committee-approved 
version would make the spending of most receipts subject to 
appropriations action. While the mix of direct spending and 
discretionary spending would be different for the two versions 
of the bill, we estimate that total spending would be the same 
if the full amounts estimated were appropriated.
    11. Estimate prepared by: Victoria V. Heid and, for 
Veterans Affairs costs, Victoria Fraider.
    12. Estimate approved by: Robert A. Sunshine for Paul N. 
Van De Water, Assistant Director for Budget Analysis.

                     inflationary impact statement

    Clause 2(l)(4) of rule XI requires each committee report on 
a bill or joint resolution of a public character to include an 
analytical statement describing what impact enactment of the 
measure would have on prices and costs in the operation of the 
national economy. The Committee has determined that H.R. 714 
has no inflationary impact on the national economy.