[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 1364

Public Law 108-341
108th Congress

An Act


 
To transfer Federal lands between the Secretary of Agriculture and the
Secretary of the Interior. NOTE: Oct. 18, 2004 -  [S. 1814]

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

SECTION 1. PURPOSES AND DEFINITIONS.

(a) Purposes.--The purposes of this Act are--
(1) to transfer administrative jurisdiction of certain
Federal lands in Missouri from the Secretary of the Interior to
the Secretary of Agriculture for continued Federal operation of
the Mingo Job Corps Civilian Conservation Center; and
(2) to not change the Secretary of Labor's role or authority
regarding this Job Corps Center.

(b) Definitions.--For the purposes of this Act--
(1) ``Center'' means the Mingo Job Corps Civilian
Conservation Center in Stoddard County, Missouri, referenced in
section 2(a) of this Act;
(2) ``eligible employee'' means a person who, as of the date
of enactment of this Act, is a full-time, part-time, or
intermittent annual or per hour permanent Federal Government
employee of the Fish and Wildlife Service at the Mingo Job Corps
Civilian Conservation Center, including the two fully funded
Washington Office Job Corps support staff;
(3) ``Environmental Authorities'' mean all applicable
Federal, State and local laws (including regulations) and
requirements related to protection of human health, natural
resources, or the environment, including but not limited to: the
Comprehensive Environmental Response, Compensation and Liability
Act of 1980 (42 U.S.C. 9601, et seq.); the Solid Waste Disposal
Act (42 U.S.C. 6901, et seq.); the Federal Water Pollution
Control Act (33 U.S.C. 1251, et seq.); the Clean Air Act (42
U.S.C. 7401, et seq.); the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136, et seq.); the Toxic Substances
Control Act (15 U.S.C. 2601, et seq.); the Safe Drinking Water
Act (42 U.S.C. 300f, et seq.); and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321, et seq.);
(4) ``U.S. Fish and Wildlife Service'' means the United
States Fish and Wildlife Service as referenced at title 16,
United States Code, section 742b(b);
(5) ``Forest Service'' means the Department of Agriculture
Forest Service as established by the Secretary of Agriculture
pursuant to the authority of title 16, United States Code,
section 551;

[[Page 1365]]
118 STAT. 1365

(6) ``Job Corps'' means the national Job Corps program
established within the Department of Labor, as set forth in the
Workforce Investment Act of 1998, Public Law No. 105-220,
Sec. Sec. 141-161, 112 Stat. 1006-1021 (1998) (codified at 29
U.S.C. 2881-2901);
(7) ``National Forest System'' means that term as defined at
title 16, United States Code, section 1609(a); and
(8) ``National Wildlife Refuge System'' means that term as
defined at title 16, United States Code, section 668dd.

SEC. 2. TRANSFER OF ADMINISTRATION.

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

(c) Applicable Laws.--
(1) Subject to section 3, the Center transferred pursuant to
subsection (a) shall be administered by the Secretary of
Agriculture and shall be subject to the laws and regulations
applicable to the National Forest System.
(2) This transfer shall not conflict or interfere with any
laws and regulations applicable to Job Corps.

SEC. 3. IMPLEMENTATION OF TRANSFER.

(a) Reversion Requirement.--
(1) NOTE: Notification. Deadline. In the event that the
Center is no longer used or administered for Job Corps purposes,
as concurred to by the Secretary of Labor, the Secretary of
Agriculture shall so notify the Secretary of the Interior, and
the Secretary of the Interior shall have 180 days from the date
of such notice to exercise discretion to reassume jurisdiction
over such lands.
(2) NOTE: Federal Register, publication. Deadline. The
reversionary provisions of subsection (a) shall be effected,
without further action by the Congress, through a Letter of
Transfer executed by the Chief, Forest Service, and the
Director, United States Fish and Wildlife Service, and with
notice thereof published in the Federal Register within 60 days
of the date of the Letter of Transfer.

(b) Authorizations.--

[[Page 1366]]
118 STAT. 1366

(1) In general.--A permit or other authorization granted by
the U.S. Fish and Wildlife Service on the Center that is in
effect on the date of enactment of this Act will continue with
the concurrence of the Forest Service.
(2) Reissuance.--A permit or authorization described in
paragraph (1) may be reissued or terminated under terms and
conditions prescribed by the Forest Service.
(3) Exercise of rights.--The Forest Service may exercise any
of the rights of the U.S. Fish and Wildlife Service contained in
any permit or other authorization, including any right to amend,
modify, and revoke the permit or authorization.

(c) Contracts.--
(1) Existing contracts.--The Forest Service is authorized to
undertake all rights and obligations of the U.S. Fish and
Wildlife Service under contracts entered into by the U.S. Fish
and Wildlife Service on the Center that is in effect on the date
of enactment of this Act.
(2) Notice of novation.--The Forest Service shall promptly
notify all contractors that it is assuming the obligations of
the U.S. Fish and Wildlife Service under such contracts.
(3) Disputes.--Any contract disputes under the Contracts
Disputes Act (41 U.S.C. 601, et seq.) regarding the
administration of the Center and arising prior to the date of
enactment of this Act shall be the responsibility of the U.S.
Fish and Wildlife Service.

(d) Memorandum of Agreement.--
(1) In general.--The Chief, Forest Service, and the
Director, U.S. Fish and Wildlife Service, are authorized to
enter into a memorandum of agreement concerning implementation
of this Act, including procedures for--
(A) the orderly transfer of employees of the U.S.
Fish and Wildlife Service to the Forest Service;
(B) the transfer of property, fixtures, and
facilities;
(C) the transfer of records;
(D) the maintenance and use of roads and trails; and
(E) other transfer issues.

(e) Agreements With the Secretary of Labor.--In the operation of the
Center, the Forest Service will undertake the rights and obligations of
the U.S. Fish and Wildlife Service with respect to existing agreements
with the Secretary of Labor pursuant to Public Law 105-220 (29 U.S.C.
2887, et seq.), and the Forest Service will be the responsible agency
for any subsequent agreements or amendments to existing agreements.
(f) Records.--
(1) Area management records.--The Forest Service shall have
access to all records of the U.S. Fish and Wildlife Service
pertaining to the management of the Center.
(2) Personnel records.--The personnel records of eligible
employees transferred pursuant to this Act, including the
Official Personnel Folder, Employee Performance File, and other
related files, shall be transferred to the Forest Service.
(3) Land title records.--The U.S. Fish and Wildlife Service
shall provide to the Forest Service records pertaining to land
titles, surveys, and other records pertaining to transferred
real property and facilities.

(g) Transfer of Personal Property.--

[[Page 1367]]
118 STAT. 1367

(1) In general.--All federally owned personal property
present at the Center is hereby transferred without
consideration to the jurisdiction of the Forest Service, except
that with regard to personal property acquired by the Fish and
Wildlife Service using funds provided by the Department of Labor
under the Job Corps program, the Forest Service shall dispose of
any such property in accordance with the procedures stated in
section 7(e) of the 1989 Interagency Agreement for
Administration of Job Corps Civilian Conservation Center
Program, as amended, between the Department of Labor and the
Department of the Interior.
(2) NOTE: Deadline. Inventory.--Not later than 60 days
after the date of enactment of this Act, the U.S. Fish and
Wildlife Service shall provide the Forest Service with an
inventory of all property and facilities at the Center.
(3) Property included.--Property under this subsection
includes, but is not limited to, buildings, office furniture and
supplies, computers, office equipment, vehicles, tools,
equipment, maintenance supplies, and publications.
(4) Exclusion of property.--At the request of the authorized
representative of the U.S. Fish and Wildlife Service, the Forest
Service may exclude movable property from transfer based on a
showing by the U.S. Fish and Wildlife Service that the property
is needed for the mission of the U.S. Fish and Wildlife Service,
cannot be replaced in a cost-effective manner, and is not needed
for management of the Center.

SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORITIES.

(a) Documentation of Existing Conditions.--
(1) NOTE: Deadline. In general.--Within 60 days after
the date of enactment of this Act, the U.S. Fish and Wildlife
Service shall provide the Forest Service and the Office of Job
Corps, Employment and Training Administration, Department of
Labor, all reasonably ascertainable documentation and
information that exists on the environmental condition of the
land comprising the Center.
(2) Additional documentation.--The U.S. Fish and Wildlife
Service shall provide the Forest Service and the Office of Job
Corps, Employment and Training Administration, Department of
Labor, with any additional documentation and information
regarding the environmental condition of the Center as such
documentation and information becomes available.

(b) Actions Required.--
(1) NOTE: Deadline. Assessment.--Within 120 days after
the date of enactment of this Act, the U.S. Fish and Wildlife
Service shall provide the Forest Service and the Office of Job
Corps, Employment and Training Administration, Department of
Labor, an assessment, consistent with ASTM Standard E1527,
indicating what action, if any, is required on the Center under
any Environmental Authorities.
(2) Memorandum of agreement.--If the findings of the
environmental assessment indicate that action is required under
applicable Environmental Authorities with respect to any portion
of the Center, the Forest Service and the U.S. Fish and Wildlife
Service shall enter into a memorandum of agreement that--

[[Page 1368]]
118 STAT. 1368

(A) provides for the performance by the U.S. Fish
and Wildlife Service of the required actions identified
in the environmental assessment; and
(B) includes a schedule for the timely completion of
the required actions to be taken as agreed to by U.S.
Fish and Wildlife Service and Forest Service.

(c) NOTE: Deadline. Documentation of Actions.--After a mutually
agreeable amount of time following completion of the environmental
assessment, but not exceeding 180 days from such completion, the U.S.
Fish and Wildlife Service shall provide the Forest Service and the
Office of Job Corps, Employment and Training Administration, Department
of Labor, with documentation demonstrating that all actions required
under applicable Environmental Authorities have been taken that are
necessary to protect human health and the environment with respect to
any hazardous substance, pollutant, contaminant, hazardous waste,
hazardous material, or petroleum product or derivative of a petroleum
product on the Center.

(d) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of the Center and the
requirements of this section shall not in any way affect the
responsibilities and liabilities of the U.S. Fish and Wildlife
Service at the Center under any applicable Environmental
Authorities.
(2) Access.--At all times after the date of enactment of
this Act, the U.S. Fish and Wildlife Service and its agents
shall be accorded any access to the Center that may be
reasonably required to carry out the responsibility or satisfy
the liability referred to in paragraph (1).
(3) No liability.--The Forest Service shall not be liable
under any applicable Environmental Authorities for matters that
are related directly or indirectly to activities of the U.S.
Fish and Wildlife Service or the Department of Labor on the
Center occurring on or before the date of enactment of this Act,
including liability for--
(A) costs or performance of response actions
required under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601,
et seq.) at or related to the Center; or
(B) costs, penalties, fines, or performance of
actions related to noncompliance with applicable
Environmental Authorities at or related to the Center or
related to the presence, release, or threat of release
of any hazardous substance, pollutant, or contaminant,
hazardous waste, hazardous material, or petroleum
product or derivative of a petroleum product of any kind
at or related to the Center, including contamination
resulting from migration.
(4) No effect on responsibilities or liabilities.--Except as
provided in paragraph (3), nothing in this title affects,
modifies, amends, repeals, alters, limits or otherwise changes,
directly or indirectly, the responsibilities or liabilities
under applicable Environmental Authorities with respect to the
Forest Service after the date of enactment of this Act.

(e) Other Federal Agencies.--Subject to the other provisions of this
section, a Federal agency that carried or carries out operations at the
Center resulting in the violation of an environmental authority shall be
responsible for all costs associated with corrective actions and
subsequent remediation.

[[Page 1369]]
118 STAT. 1369

SEC. 5. PERSONNEL.

(a) In General.--
(1) Employment.--Notwithstanding section 3503 of title 5,
United States Code, the Forest Service will accept the transfer
of eligible employees at their current pay and grade levels to
administer the Center as of the date of enactment of this Act.

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

SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS.

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

Approved October 18, 2004.

LEGISLATIVE HISTORY--S. 1814:
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HOUSE REPORTS: No. 108-716, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Apr. 20, considered and passed Senate.
Oct. 4, considered and passed House.