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



H.L.C.

                                                                       
104th Congress                                            Rept. 104-191
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 2
_______________________________________________________________________


 
                 ILLINOIS LAND CONSERVATION ACT OF 1995

_______________________________________________________________________


                 July 28, 1995.--Ordered to be printed

                                _______


Mr. Roberts, from the Committee on Agriculture, 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 Agriculture, 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, reports favorably thereon with an 
amendment and recommends 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 any other action 
        required under any other environmental law, including actions 
        to remediate petroleum products of their derivatives, the 
        response action or other action shall take priority.
  (f) Surveys.--All costs of necessary surveys for the transfer of 
jurisdiction of Arsenal property from the Secretary of the Army to the 
Secretary of Agriculture shall be borne by the Secretary of 
Agriculture.

SEC. 103. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF SECRETARY OF 
                    THE ARMY FOR ENVIRONMENTAL CLEANUP.

  (a) Responsibility.--The liabilities and responsibilities of the 
Secretary of the Army under any environmental law shall not transfer 
under any circumstances to the Secretary of Agriculture as a result of 
the property transfers made under section 102 or section 106, or as a 
result of interim activities of the Secretary of Agriculture on Arsenal 
property under section 101(f). With respect to the real property at the 
Arsenal, the Secretary of the Army shall remain liable for and continue 
to carry out--
          (1) all response actions required under CERCLA at or related 
        to the property;
          (2) all remediation actions required under any other 
        environmental law at or related to the property; and
          (3) all actions required under any other environmental law to 
        remediate petroleum products or their derivatives (including 
        motor oil and aviation fuel) at or related to the property.
  (b) Liability.--
          (1) In general.--Nothing in this Act shall be construed to 
        effect, modify, amend, repeal, alter, limit or otherwise 
        change, directly or indirectly, the responsibilities or 
        liabilities under any environmental law of any person 
        (including the Secretary of Agriculture), except as provided in 
        paragraph (3) with respect to the Secretary of Agriculture.
          (2) Liability of secretary of the army.--The Secretary of the 
        Army shall retain any obligation or other liability at the 
        Arsenal that the Secretary may have under CERCLA and other 
        environmental laws. Following transfer of any portions of the 
        Arsenal pursuant to this Act, the Secretary of the Army shall 
        be accorded all easements and access to such property as may be 
        reasonably required to carry out such obligation or satisfy 
        such liability.
          (3) Special rules for secretary of agriculture.--The 
        Secretary of Agriculture shall not be responsible or liable 
        under any environmental law for matters which are in any way 
        related directly or indirectly to activities of the Secretary 
        of the Army, or any party acting under the authority of the 
        Secretary in connection with the Defense Environmental 
        Restoration Program, at the Arsenal and which are for any of 
        the following:
                  (A) Costs of response actions required under CERCLA 
                at or related to the Arsenal.
                  (B) Costs, penalties, or fines related to 
                noncompliance with any environmental law at or related 
                to the Arsenal or related to the presence, release, or 
                threat of release of any hazardous substance, 
                pollutant, contaminant, hazardous waste or hazardous 
                material of any kind at or related to the Arsenal, 
                including contamination resulting from migration of 
                hazardous substances, pollutants, contaminants, 
                hazardous materials, or petroleum products or their 
                derivatives disposed during activities of the 
                Department of the Army.
                  (C) Costs of actions necessary to remedy such 
                noncompliance or other problem specified in 
                subparagraph (B).
  (c) Payment of Response Action Costs.--Any Federal department or 
agency that had or has operations at the Arsenal resulting in the 
release or threatened release of hazardous substances, pollutants, or 
contaminants shall pay the cost of related response actions, or related 
actions under other environmental laws, including actions to remediate 
petroleum products or their derivatives.
  (d) Consultation.--The Secretary of Agriculture shall consult with 
the Secretary of the Army with respect to the Secretary of 
Agriculture's management of real property included in the Midewin 
National Tallgrass Prairie subject to any response action or other 
action at the Arsenal being carried out by or under the authority of 
the Secretary of the Army under any environmental law. The Secretary of 
Agriculture shall consult with the Secretary of the Army prior to 
undertaking any activities on the Midewin National Tallgrass Prairie 
that may disturb the property to ensure that such activities will not 
exacerbate contamination problems or interfere with performance by the 
Secretary of the Army of response actions at the property. In carrying 
out response actions at the Arsenal, the Secretary of the Army shall 
consult with the Secretary of Agriculture to ensure that such actions 
are carried out in a manner consistent with the purposes for which the 
Midewin National Tallgrass Prairie is established, as specified in 
section 104(c), and the other provisions of such section and section 
105.

SEC. 104. ESTABLISHMENT AND ADMINISTRATION OF MIDEWIN NATIONAL 
                    TALLGRASS PRAIRIE.

  (a) Establishment.--On the effective date of the initial transfer of 
jurisdiction of portions of the Arsenal to the Secretary of Agriculture 
under section 102(a), the Secretary of Agriculture shall establish the 
Midewin National Tallgrass Prairie. The MNP shall--
          (1) be administered by the Secretary of Agriculture; and
          (2) consist of the real property so transferred and such 
        other portions of the Arsenal subsequently transferred under 
        section 102(b) or 106.
  (b) Administration.--
          (1) In general.--The Secretary of Agriculture shall manage 
        the Midewin National Tallgrass Prairie as a part of the 
        National Forest System in accordance with this Act and the 
        laws, rules, and regulations pertaining to the National Forest 
        System, except that the Bankhead-Jones Farm Tenant Act of 1937 
        (7 U.S.C. 1010-1012) shall not apply to the MNP.
          (2) Initial management activities.--In order to expedite the 
        administration and public use of the Midewin National Tallgrass 
        Prairie, the Secretary of Agriculture may conduct management 
        activities at the MNP to effectuate the purposes for which the 
        MNP is established, as set forth in subsection (c), in advance 
        of the development of a land and resource management plan for 
        the MNP.
          (3) Land and resource management plan.--In developing a land 
        and resource management plan for the Midewin National Tallgrass 
        Prairie, the Secretary of Agriculture shall consult with the 
        Illinois Department of Conservation and local governments 
        adjacent to the MNP and provide an opportunity for public 
        comment. Any parcel transferred to the Secretary of Agriculture 
        under this Act after the development of a land and resource 
        management plan for the MNP may be managed in accordance with 
        such plan without need for an amendment to the plan.
  (c) Purposes of the Midewin National Tallgrass Prairie.--The Midewin 
National Tallgrass Prairie is established to be managed for National 
Forest System purposes, including the following:
          (1) To manage the land and water resources of the MNP in a 
        manner that will conserve and enhance the native populations 
        and habitats of fish, wildlife, and plants.
          (2) To provide opportunities for scientific, environmental, 
        and land use education and research.
          (3) To allow the continuation of agricultural uses of lands 
        within the MNP consistent with section 105(b).
          (4) To provide a variety of recreation opportunities that are 
        not inconsistent with the preceding purposes.
  (d) Other Land Acquisition for MNP.--
          (1) Land acquisition funds.--Notwithstanding section 7 of the 
        Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
        9), monies appropriated from the Land and Water Conservation 
        Fund established under section 2 of such Act (16 U.S.C. 460l-5) 
        shall be available for acquisition of lands and interests in 
        land for inclusion in the Midewin National Tallgrass Prairie.
          (2) Acquisition of private lands.--Acquisition of private 
        lands for inclusion in the Midewin National Tallgrass Prairie 
        shall be on a willing seller basis only.
  (e) Cooperation With States, Local Governments and Other Entities.--
In the management of the Midewin National Tallgrass Prairie, the 
Secretary of Agriculture is authorized and encouraged to cooperate with 
appropriate Federal, State and local governmental agencies, private 
organizations and corporations. Such cooperation may include 
cooperative agreements as well as the exercise of the existing 
authorities of the Secretary under the Cooperative Forestry Assistance 
Act of 1978 and the Forest and Rangeland Renewable Resources Research 
Act of 1978. The objects of such cooperation may include public 
education, land and resource protection, and cooperative management 
among government, corporate and private landowners in a manner which 
furthers the purposes for which the Midewin National Tallgrass Prairie 
is established.

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

  (a) Prohibition Against the Construction of New Through Roads.--No 
new construction of any highway, public road, or any part of the 
interstate system, whether Federal, State, or local, shall be permitted 
through or across any portion of the Midewin National Tallgrass 
Prairie. Nothing herein shall preclude construction and maintenance of 
roads for use within the MNP, or the granting of authorizations for 
utility rights-of-way under applicable Federal law, or preclude such 
access as is necessary. Nothing herein shall preclude necessary access 
by the Secretary of the Army for purposes of restoration and cleanup as 
provided in this Act.
  (b) Agricultural Leases and Special Use Authorizations.--Within the 
Midewin National Tallgrass Prairie, use of the lands for agricultural 
purposes shall be permitted subject to the following terms and 
conditions:
          (1) If at the time of transfer of jurisdiction under section 
        102 there exists any lease issued by the Department of the 
        Army, Department of Defense, or any other agency thereof, for 
        agricultural purposes upon the parcel transferred, the 
        Secretary of Agriculture, upon transfer of jurisdiction, shall 
        convert the lease to a special use authorization, the terms of 
        which shall be identical in substance to the lease that existed 
        prior to the transfer, including the expiration date and any 
        payments owed the United States.
          (2) The Secretary of Agriculture may issue special use 
        authorizations to persons for use of the Midewin National 
        Tallgrass Prairie for agricultural purposes. Such special use 
        authorizations shall require payment of a rental fee, in 
        advance, that is based on the fair market value of the use 
        allowed. Fair market value shall be determined by appraisal or 
        a competitive bidding process. Special use authorizations 
        issued pursuant to this paragraph shall include terms and 
        conditions as the Secretary of Agriculture may deem 
        appropriate.
          (3) No agricultural special use authorization shall be issued 
        for agricultural purposes which has a term extending beyond the 
        date twenty years from the date of enactment of this Act, 
        except that nothing in this Act shall preclude the Secretary of 
        Agriculture from issuing agricultural special use 
        authorizations or grazing permits which are effective after 
        twenty years from the date of enactment of this Act for 
        purposes primarily related to erosion control, provision for 
        food and habitat for fish and wildlife, or other resource 
        management activities consistent with the purposes of the 
        Midewin National Tallgrass Prairie.
  (c) Treatment of Rental Fees.--Monies received pursuant to subsection 
(b) shall be subject to distribution to the State of Illinois and 
affected counties pursuant to the Acts of May 23, 1908, and March 1, 
1911 (16 U.S.C. 500). All such monies not distributed pursuant to such 
Acts shall be covered into the Treasury and shall constitute a special 
fund, which shall be available to the Secretary of Agriculture, in such 
amounts as are provided in advance in appropriation Acts, to cover the 
cost to the United States of such prairie-improvement work as the 
Secretary may direct. Any portion of any deposit made to the fund which 
the Secretary determines to be in excess of the cost of doing such work 
shall be transferred, upon such determination, to miscellaneous 
receipts, Forest Service Fund, as a National Forest receipt of the 
fiscal year in which such transfer is made.
  (d) User Fees.--The Secretary of Agriculture is authorized to charge 
reasonable fees for the admission, occupancy, and use of the Midewin 
National Tallgrass Prairie and may prescribe a fee schedule providing 
for reduced or a waiver of fees for persons or groups engaged in 
authorized activities including those providing volunteer services, 
research, or education. The Secretary shall permit admission, 
occupancy, and use at no additional charge for persons possessing a 
valid Golden Eagle Passport or Golden Age Passport.
  (e) Salvage of Improvements.--The Secretary of Agriculture may sell 
for salvage value any facilities and improvements which have been 
transferred to the Secretary pursuant to this Act.
  (f) Treatment of User Fees and Salvage Receipts.--Monies collected 
pursuant to subsections (d) and (e) shall be covered into the Treasury 
and constitute a special fund to be known as the Midewin National 
Tallgrass Prairie Restoration Fund. Deposits in the Midewin National 
Tallgrass Prairie Restoration Fund shall be available to the Secretary 
of Agriculture, in such amounts as are provided in advance in 
appropriation Acts, for restoration and administration of the Midewin 
National Tallgrass Prairie, including construction of a visitor and 
education center, restoration of ecosystems, construction of 
recreational facilities (such as trails), construction of 
administrative offices, and operation and maintenance of the MNP.

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

  (a) Description of Parcels.--Except as provided in subsection (b), 
the following areas are designated for disposal pursuant to subsection 
(c):
          (1) Manufacturing Area--Study Area 1--Southern Ash Pile, 
        Study Area 2--Explosive Burning Ground, Study Area 3--Flashing 
        Grounds, Study Area 4--Lead Azide Area, Study Area 10--Toluene 
        Tank Farms, Study Area 11--Landfill, Study Area 12--Sellite 
        Manufacturing Area, Study Area 14--Former Pond Area, Study Area 
        15--Sewage Treatment Plant.
          (2) Load Assemble Packing Area--Group 61: Study Area L1, 
        Explosive Burning Ground: Study Area L2, Demolition Area: Study 
        Area L3, Landfill Area: Study Area L4, Salvage Yard: Study Area 
        L5, Group 1: Study Area L7, Group 2: Study Area L8, Group 3: 
        Study Area L9, Group 3A: Study Area L10, Group 4: Study Area 
        L14, Group 5: Study Area L15, Group 8: Study Area L18, Group 9: 
        Study Area L19, Group 27: Study Area L23, Group 62: Study Area 
        L25, PVC Area: Study Area L33, including all associated 
        inventoried buildings and structures as identified in the 
        Joliet Army Ammunition Plant Plantwide Building and Structures 
        Report and the contaminate study sites for both the 
        Manufacturing and Load Assembly and Packing sides of the Joliet 
        Arsenal as delineated in the Dames and Moore Final Report, 
        Proposed Future Land Use Map, dated May 30, 1995.
  (b) Exception.--The parcels described in subsection (a) shall not 
include the property at the Arsenal designated for disposal under title 
II.
  (c) Initial Offer to Secretary of Agriculture.--Within 6 months after 
the construction and installation of any remedial design approved by 
the Administrator and required for any lands described in subsection 
(a), the Administrator shall provide to the Secretary of Agriculture 
all existing information regarding the implementation of such remedy, 
including information regarding its effectiveness. Within 3 months 
after the Administrator provides such information to the Secretary of 
Agriculture, the Secretary of the Army shall offer the Secretary of 
Agriculture the option of accepting a transfer of the areas described 
in subsection (a), without reimbursement, to be added to the Midewin 
National Tallgrass Prairie and subject to the terms and conditions, 
including the limitations on liability, contained in this Act. In the 
event the Secretary of Agriculture declines such offer, the property 
may be disposed of as the Army would ordinarily dispose of such 
property under applicable provisions of law. Any sale or other transfer 
of property conducted pursuant to this subsection may be accomplished 
on a parcel-by-parcel basis.

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

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

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

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

  (a) Transfer Required.--Subject to section 301, the Secretary of the 
Army shall transfer, without compensation, to Will County, Illinois, 
all right, title, and interest of the United States in and to the 
parcel of real property at the Arsenal described in subsection (b), 
which shall be operated as a landfill by the County.
  (b) Description of Property.--The real property to be transferred 
under subsection (a) is a parcel of real property at the Arsenal 
consisting of approximately 455 acres, the approximate legal 
description of which includes part of sections 8 and 17, Florence 
Township, T33N R10E, Will County, Illinois, as depicted in the Arsenal 
Land Use Concept.
  (c) Condition on Conveyance.--The conveyance shall be subject to the 
condition that the Army (or its agents or assigns) may use the landfill 
established on the real property transferred under subsection (a) for 
the disposal of construction debris, refuse, and other nonhazardous 
materials from the restoration and cleanup of the Arsenal property as 
provided for in this Act. Such use shall be at no cost to the Federal 
Government.
  (d) Reversionary Interest.--During the 5-year period beginning on the 
date the Secretary of the Army makes the conveyance under subsection 
(a), if the Secretary of the Army determines that the conveyed real 
property is not being operated as a landfill or that Will County, 
Illinois, is in violation of the condition specified in subsection (c), 
then, at the option of the United States, all right, title, and 
interest in and to the property, including improvements thereon, shall 
be subject to reversion to the United States. In the event the United 
States exercises its option to cause the property to revert, the United 
States shall have the right of immediate entry onto the property. Any 
determination of the Secretary of the Army under this subsection shall 
be made on the record after an opportunity for a hearing.
  (e) Surveys.--All costs of necessary surveys for the transfer of real 
property under this section shall be borne by Will County, Illinois.
  (f) Additional Terms and Conditions.--The Secretary of the Army may 
require such additional terms and conditions in connection with the 
conveyance under this section as the Secretary of the Army considers 
appropriate to protect the interests of the United States.

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

  (a) Transfer Required.--Subject to section 301, the Secretary of the 
Army shall transfer to the State of Illinois, all right, title, and 
interest of the United States in and to the parcel of real property at 
the Arsenal described in subsection (b), which shall be used for 
economic redevelopment to replace all or a part of the economic 
activity lost at the Arsenal.
  (b) Description of Property.--The real property to be transferred 
under subsection (a) is a parcel of real property at the Arsenal 
consisting of--
          (1) approximately 1,900 acres, the approximate legal 
        description of which includes part of section 30, Jackson 
        Township, Township 34 North, Range 10 East, and sections or 
        parts of sections 24, 25, 26, 35, and 36, Township 34 North, 
        Range 9 East, in Channahon Township, an area of 9.77 acres 
        around the Des Plaines River Pump Station located in the 
        southeast quarter of section 15, Township 34 North, Range 9 
        East of the Third Principal Meridian, in Channahon Township, 
        and an area of 511, x 596, around the Kankakee River Pump 
        Station in the Northwest Quarter of section 5, Township 33 
        North, Range 9 East, east of the Third Principal Meridian in 
        Wilmington Township, containing 6.99 acres, located along the 
        easterly side of the Kankakee Cut-Off in Will County, Illinois, 
        as depicted in the Arsenal Re-Use Concept, and the connecting 
        piping to the northern industrial site, as described by the 
        United States Army Report of Availability, dated 13 December 
        1993; and
          (2) approximately 1,100 acres, the approximate legal 
        description of which includes part of sections 16, 17, 18 
        Florence Township, Township 33 North, Range 10 East, Will 
        County, Illinois, as depicted in the Arsenal Land Use Concept.
  (c) Consideration.--The conveyance under subsection (a) shall be made 
without consideration. However, the conveyance shall be subject to the 
condition that, if the State of Illinois reconveys all or any part of 
the conveyed property to a non-Federal entity, the State shall pay to 
the United States an amount equal to the fair market value of the 
reconveyed property. The Secretary of the Army shall determine the fair 
market value of any property reconveyed by the State as of the time of 
the reconveyance, excluding the value of improvements made to the 
property by the State. The Secretary may treat a lease of the property 
as a reconveyance if the Secretary determines that the lease was used 
in an effort to avoid operation of this subsection. Amounts received 
under this subsection shall be deposited in the general fund of the 
Treasury for purposes of deficit reduction.
  (d) Other Conditions of Conveyance.--
          (1) Redevelopment authority.--The conveyance under subsection 
        (a) shall be subject to the further condition that the Governor 
        of the State of Illinois establish a redevelopment authority to 
        be responsible for overseeing the economic redevelopment of the 
        conveyed land.
          (2) Time for establishment.--To satisfy the condition 
        specified in paragraph (1), the redevelopment authority shall 
        be established within one year after the date of the enactment 
        of this Act.
  (e) Reversionary Interest.--During the 20-year period beginning on 
the date the Secretary of the Army makes the conveyance under 
subsection (a), if the Secretary determines that a condition specified 
in subsection (c) or (d) is not being satisfied or that the conveyed 
land is not being used for economic development purposes, then, at the 
option of the United States, all right, title, and interest in and to 
the property, including improvements thereon, shall be subject to 
reversion to the United States. In the event the United States 
exercises its option to cause the property to revert, the United States 
shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made on 
the record after an opportunity for a hearing.
  (f) Surveys.--All costs of necessary surveys for the transfer of real 
property under this section shall be borne by the State of Illinois.
  (g) Additional Terms and Conditions.--The Secretary of the Army may 
require such additional terms and conditions in connection with the 
conveyance under this section as the Secretary considers appropriate to 
protect the interests of the United States.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. DEGREE OF ENVIRONMENTAL CLEANUP.

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

    H.R. 714, the Illinois Land Conservation Act of 1995, 
converts the Army ammunitions plant located at Joliet, 
Illinois, to a tallgrass prairie called the Midewin National 
Tallgrass Prairie (MNP). The Joliet Army Ammunition Plant 
(Arsenal) would be converted by transferring part of the 
Arsenal from the Department of the Army to the U.S. Department 
of Agriculture (USDA).
    H.R. 714 transfers about 16,000 acres to the MNP that will 
be administered by the U.S. Forest Service upon enactment and 
an additional 3,000 acres would be transferred when the 
Department of the Army completes an environmental cleanup that 
has begun on the property.
    Under the bill's authorities, the Army also would transfer 
about 1,000 acres to the Department of Veterans Affairs to 
establish a national cemetery; about 450 acres will be 
transferred to Will County, Illinois, to operate a landfill, 
and around 3,000 acres would be transferred by the State of 
Illinois for economic development.
    The bill makes all transfers without compensation unless 
the State sells the land in which case, the State would be 
obligated to reimburse the U.S. government for the fair market 
value of the land.

                            purpose and need

    H.R. 714 would create the largest tallgrass prairie 
preserve east of the Mississippi River and may be seen as a 
model for converting military reservations into peace-time 
uses. The MNP should provide environmental, economic and 
educational benefits of national importance to an urbanizing 
society. In addition, the MNP will honor this nation's veterans 
by establishing a national cemetery.
    The 19,000 acres of the MNP will create a prairie preserve 
and enhance recreational opportunities for more than six 
million persons who live nearby. Trails, camping, wildlife 
watching and other activities are planned at the site.
    This bill is supported by the Illinois congressional 
delegation, the state government, and large numbers of veterans 
and environmental and conservation organizations as well as 
local taxpayers and the Will County Farm Bureau Federation.
    In addition to the veterans' cemetery, about 3,000 acres 
will be used for economic development. It is likely that 
manufacturers and other businesses will seek to locate on this 
land, and the Illinois General Assembly has created the Joliet 
Arsenal Economic Development Authority to implement the 
development part of the plan for the preserve.
    Once assuming administration of the Arsenal, USDA will sell 
surplus assets such as railway equipment and steel from the 
Arsenal property, which the Congressional Budget Office (CBO) 
estimates will total $3.5 million. Agricultural leases 
currently on the property bring in more than $1 million 
annually, and USDA intends to collect visitor user fees 
estimated to total about $1 million in income. CBO estimates 
the bill will save about $4 million through fiscal year 1998

                      section-by-Section Analysis

Title I.--Conversion of Joliet Army Ammunitions Plant (Arsenal) to 
        Midewin National Tallgrass Prairie (MNP)

    Section 101.--This section ratifies a concept plan that was 
approved by the Arsenal Citizen Planning Commission and revised 
May 30, 1995, including boundary changes to the National 
Cemetery and two new pumping stations that were not in the 
original plan.
    Section 102.--Section 102 authorizes the Secretary of the 
Army to transfer to the Secretary of Agriculture within six 
months those lands located on the Arsenal that do not require 
further environmental cleanup. Remaining lands that will become 
a part of the MNP will be transferred as they are determined by 
the Environmental Protection Agency (EPA) and the Army to need 
no further environmental cleanup. All Arsenal lands will be 
transferred except those lands retained by the Army for use in 
water treatment; treatment, storage and disposal of hazardous 
materials; and response actions relating to hazardous materials 
and other actions required under other environmental laws. In 
addition, certain other lands will be transferred to other 
governmental units. The Secretary of Agriculture will pay for 
the cost of all land surveys.
    Section 103.--This section requires the Secretary of the 
Army to retain responsibility for environmental cleanup of 
Arsenal lands and for compliance with other environmental laws. 
The Committee intends for the Secretary of the Army, at his 
discretion, to use existing authorities to encourage the 
testing of new innovative clean-up technologies and strategies, 
and to cooperate with educational institutions in such 
activities.
    Section 104.--The Secretary of Agriculture, acting through 
the Forest Service, will establish the MNP after the lands have 
been transferred. The MNP will be managed as a part of the 
National Forest System. The MNP also will be managed, through 
consultation with the State of Illinois and local governments, 
for various conservation, public use, scientific, educational, 
agricultural and recreational purposes. The Land and Water 
Conservation Fund may be used to acquire land from willing 
sellers for inclusion in to the MNP.
    Section 105.--Section 105 provides that no new construction 
of any federal, state or local road of highway will be 
permitted in the MNP, except for those for use within the MNP 
and utility rights-of-way. Certain existing agricultural leases 
will continue under special use permits, which will generally 
be limited to no longer than 20 years. The Committee intends 
that the Secretary of Agriculture shall have the authority to 
continue the leasing of land for agricultural uses when the 
Secretary deems such uses to be compatible with the overall 
management goals of the MNP. For a period of 20 years from the 
date of enactment of this Act, the Secretary may continue the 
lease administration and crediting of receipts mechanisms as 
used by the Army, except than 25 percent of such receipts will 
be credited to the State of Illinois pursuant to Title 16, USC, 
Section 500. Monies obtained from agricultural leases and 
salvage will be subject to annual appropriations acts. Nothing 
in this Act shall limit the Secretary of Agriculture's 
discretion to allow agricultural uses after 20 years when such 
leasing is for wildlife management or to otherwise achieve the 
conservation purposes for which the MNP is established. The 
Secretary of Agriculture may collect admission, occupancy and 
user fees, and the monies from these fees must be used for 
restoration and improvements on the MNP.
    Section 106.--This section specifies that additional 
parcels of lands at the Arsenal may be transferred to the 
Forest Service at the option of the Secretary of Agriculture.

Title II.--Other real property disposals at the arsenal

    Section 201.--This section authorizes the Secretary of the 
Army to transfer 982 acres of lands at the Arsenal without 
reimbursement to the Department of Veterans Affairs. These 
acres will be used as national cemetery.
    Section 202--This section authorizes the Secretary of the 
Army to transfer 455 acres of the arsenal lands, without 
compensation, to Will County, Illinois, to be operated as a 
landfill. The Secretary of the Army may use the landfill at no 
cost for the disposal of nonhazardous waste. The costs of any 
land surveys will be paid for by Will County.
    Section 203.--This section authorizes the transfer of an 
additional 3,000 acres of Arsenal lands, without compensation, 
to the State of Illinois, for economic development in an effort 
to replace the economic activity lost at the Arsenal. When the 
land or any part of the 3,000 acres is reconveyed, the 
Secretary of the Army shall be reimbursed at the fair market 
value of the land to be determined by the Secretary. The 
Illinois governor is further required to establish a 
redevelopment authority to carry out the economic development 
activities required for the conveyance. Any land surveys will 
be paid for by the State of Illinois, and at any time during 
the period 20 years following enactment, should the Secretary 
of the Army determine the land is not being used for economic 
development purposes the land will revert to the U.S. 
Government.

Title III.--Miscellaneous Provisions

    Section 301.--This section states that nothing in this Act 
shall be construed to affect the degree of environmental 
cleanup required at the Arsenal. The establishment of the MNP 
shall not affect Superfund or other environmental law.

                        committee consideration

I. Hearings

    The Subcommittee on Resource Conservation, Research and 
Forestry held a hearing on H.R. 714 on July 13, 1995, to hear 
the bill's sponsor, the Honorable Jerry Weller, discuss the 
bill. A representative from the U.S. Forest Service also 
testified on the bill.

II. Full Committee consideration

    Pursuant to notice, the Committee on Agriculture met July 
20, 1995, and Chairman Roberts called the business meeting to 
order to consider H.R. 714, the Illinois Land Conservation Act 
of 1995. The Subcommittee on Resource Conservation, Research 
and Forestry was discharged from further consideration of the 
bill. Mr. Allard, Subcommittee Chairman, was recognized to 
explain the bill, and Mr. LaHood also made a statement in 
support of the bill.
    Mr. Allard then requested unanimous consent to offer a 
substitute bill to be considered as original text. The bill was 
adopted by voice vote and ordered to be reported to the House 
with the recommendation that the bill, as adopted, do pass.

                   reporting the bill--rollcall votes

    In compliance with clause 2(l)(2) of rule XI of the House 
of Representatives, H.R. 714, was reported, as amended, with a 
quorum actually present. There was no motion or request for a 
recorded vote.

                        administration position

    Janice McDougle, Associate Deputy Chief of the Forest 
Service, testified before the Subcommittee on Resource 
Conservation, Research and Forestry on July 13, 1995. Ms. 
McDougle said, ``The Administration strongly supports the 
restoration of this unique property to tallgrass prairie and 
its management for wildlife, fish, recreation and research 
purposes.'' Some aspects of the bill on which the Forest 
Service had concerns were addressed by the substitute bill that 
was considered by the full Committee on Agriculture.

          budget act compliance (section 308 and section 403)

    The provisions of clause 2(l)(3)(B) of Rule XI of the Rules 
of the House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974 (relating to estimates of new 
budget authority, new spending authority, or new credit 
authority, or increased or decreased revenues or tax 
expenditures) are not considered applicable. The estimate and 
comparison required to be prepared by the Director of the 
Congressional Budget Office under clause 2(l)(C)(3) of Rule XI 
of the Rules of the House of Representatives and section 403 of 
the Congressional Budget Act of 1974 submitted to the Committee 
prior to the filing of this report are as follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 24, 1995.
Hon. Pat Roberts,
Chairman, Committee on Agriculture,
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 Agriculture on 
July 18, 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,
                                                   June E. O'Neill.
               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 Agriculture on July 18, 1995.
    4. Bill purpose H.R. 714 would convert the Joliet Army 
Ammunition Plant (Arsenal) to the Midewin National Tallgrass 
Prairie (MNP). Conversation 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 the Joliet National Cemetery, 
about 455 acres to Will County, Illinois, to be operated as a 
landfill, and about 3,000 acres to the state of 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, decreased 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:                                         
 \1\                                                                    
    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 authorization fund     4.0    18.1     2.3     3.8     3.8
    Estimated outlays...........     2.4     4.7     6.1     8.7     9.2
------------------------------------------------------------------------
\1\ Under the 1996 budget resolution, proceeds from asset sales are     
  counted in the budget totals for purposes of Congressional scoring.   
  Under the Balanced Budget Act, however, proceeds from asset sales are 
  not counted in determining compliance with the discretionary limits or
  pay-as-you-go requirement.                                            

    The costs of this bill fall within budget functions 050, 
300, and 700.
    The table does not include potential savings, subject to 
appropriations, that could 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 Sale 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 1988 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 
Agriculture on July 18, 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 
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 Joliet National 
Cemetery. 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 
$272,000 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. On June 26, CBO 
prepared an estimate for the version of H.R. 714 approved by 
the House Committee on Transportation and Infrastructure. 
Projected costs in this estimate are identical to those in the 
estimate prepared for the House Committee on Transportation and 
Infrastructure.
    The estimate prepared for the introduced version of the 
bill differs from the estimates for the reported versions 
because the introduced version would allow direct spending of 
new USDA receipts without further legislation, while the 
committee-approved versions would make the spending of most 
receipts subject to appropriations action. While the mix of 
direct spending and discretionary spending would differ in the 
introduced version and the committee-approved versions, 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

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the committee estimates that 
enactment of H.R. 714, as amended, will have no inflationary 
impact on the national economy.

                          oversight statement

    No summary of oversight findings and recommendations made 
by the Committee on Government Reform and Oversight under 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives was available to the committee with reference 
to the subject matter specifically addressed by H.R. 714, as 
amended.
    No specific oversight activities other than the hearings 
detailed in this report were conducted by the Committee within 
the definition of clause 2(b)(1) of rule X of the Rules of the 
House of Representatives.