[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 714 Placed on Calendar Senate (PCS)]
Calendar No. 162
104th CONGRESS
1st Session
H. R. 714
_______________________________________________________________________
AN ACT
To establish the Midewin National Tallgrass Prairie in the State of
Illinois, and for other purposes.
_______________________________________________________________________
August 2 (legislative day, July 10), 1995
Read twice and ordered placed on the calendar
Calendar No. 162
104th CONGRESS
1st Session
H. R. 714
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1 (legislative day, July 10), 1995
Received
August 2 (legislative day, July 10), 1995
Read twice and ordered placed on the calendar
_______________________________________________________________________
AN ACT
To establish the Midewin National Tallgrass Prairie in the State of
Illinois, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Illinois Land
Conservation Act of 1995''.
(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. 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.
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.
Passed the House of Representatives July 31, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
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