[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 449 Introduced in Senate (IS)]
1st Session
S. 449
To establish the Midewin National Tallgrass Prairie in the State of
Illinois, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 16 (legislative day, January 30), 1995
Mr. Simon (for himself and Ms. Moseley-Braun) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
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.
This Act may be cited as the ``Illinois Land Conservation Act of
1995''.
SEC. 2. DEFINITIONS.
As used in this Act (unless the context clearly requires otherwise)
:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agricultural purposes.--The term ``agricultural
purposes'' means, with respect to land, the use of land for row
crops, pasture, hay, or grazing.
(3) Arsenal.--The term ``Arsenal'' means the Joliet Army
Ammunition Plant located in the State of Illinois.
(4) Arsenal Land Use Concept.--The term ``Arsenal Land Use
Concept'' refers to the proposals that were developed and
unanimously approved on April 8, 1994, by the Joliet Arsenal
Citizen Planning Commission.
(5) CERCLA.--The term ``CERCLA'' means the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.).
(6) Defense environmental restoration program.--The term
``Defense Environmental Restoration Program'' means the Defense
Environmental Restoration Program established under section
2701 of title 10, United States Code.
(7) Environmental law.--The term ``environmental law''
means all applicable Federal, State, and local laws,
regulations, and requirements related to the protection of
human health, natural and cultural resources, or the
environment, including--
(A) CERCLA;
(B) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(C) the Federal Water Pollution Control Act
(commonly known as the ``Clean Water Act''; 33 U.S.C.
1251 et seq.);
(D) the Clean Air Act (42 U.S.C. 7401 et seq.);
(E) the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.);
(F) the Toxic Substances Control Act (15 U.S.C.
2601 et seq.); and
(G) title XIV of the Public Health Service Act
(commonly known as the ``Safe Drinking Water Act'') (42
U.S.C. 300f et seq.).
(8) Hazardous substance.--The term ``hazardous substance''
has the meaning given the term in section 101(14) of CERCLA (42
U.S.C. 9601(14)).
(9) MNP.--The term ``MNP'' means the Midewin National
Tallgrass Prairie established under section 3 and managed as
part of the National Forest System.
(10) National cemetery.--The term ``national cemetery''
means a cemetery that is part of the National Cemetery System
under chapter 24 of title 38, United States Code.
(11) Person.--The term ``person'' has the meaning given the
term in section 101(21) of CERCLA (42 U.S.C. 9601(21)).
(12) Pollutant or contaminant.--The term ``pollutant or
contaminant'' has the meaning given the term in section 101(33)
of CERCLA (42 U.S.C. 9601(33)).
(13) Release.--The term ``release'' has the meaning given
the term in section 101(22) of CERCLA (42 U.S.C. 9601(22)).
(14) Response.--The term ``response'' has the meaning given
the term in section 101(25) of CERCLA (42 U.S.C. 9601(25)).
(15) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. ESTABLISHMENT OF THE MIDEWIN NATIONAL TALLGRASS PRAIRIE.
(a) Establishment.--On the date of the initial transfer of
jurisdiction of portions of the Arsenal to the Secretary under section
4(a)(1), the Secretary shall establish the MNP described in subsection
(b).
(b) Description.--The MNP shall consist of all portions of the
Arsenal transferred to the Secretary under this Act.
(c) Administration.--The Secretary shall manage the MNP as a part
of the National Forest System in accordance with this Act and the laws,
rules, and regulations pertaining to the National Forests, except that
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1000 et seq.) shall not
apply to the MNP.
(d) Land Acquisition Funds.--Notwithstanding section 7 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), money
appropriated from the land and water conservation fund established
under section 2 of the Act (16 U.S.C. 460l-5) may be used for
acquisition of lands and interests in land for inclusion in the MNP.
(e) Land and Resource Management Plan.--The Secretary shall develop
a land and resource management plan for the MNP, after consulting with
the Illinois Department of Conservation and local governments adjacent
to the MNP and providing an opportunity for public comment.
(f) Pre-Plan Management.--In order to expedite the administration
and public use of the MNP, the Secretary may, prior to the development
of a land and resource management plan for the MNP under subsection
(e), manage the MNP for the purposes described in subsection (g).
(g) Purposes of MNP.--In establishing the MNP, the Secretary
shall--
(1) conserve and enhance populations and habitats of fish,
wildlife, and plants, including populations of grassland birds,
raptors, passerines, and marsh and water birds;
(2) restore and enhance, where practicable, habitats for
species listed as threatened or endangered, or proposed to be
listed, under section 4 of the Endangered Species Act of 1973
(16 U.S.C. 1533);
(3) provide fish- and wildlife-oriented public uses at
levels compatible with the conservation, enhancement, and
restoration of native wildlife and plants and the habitats of
native wildlife and plants;
(4) provide opportunities for scientific research;
(5) provide opportunities for environmental and land use
education;
(6) manage the land and water resources of the MNP in a
manner that will conserve and enhance the natural diversity of
native fish, wildlife, and plants;
(7) conserve and enhance the quality of aquatic habitat;
and
(8) provide for public recreation insofar as the recreation
is compatible with paragraphs (1) through (7).
(h) Prohibition Against the Construction of New Through Roads.--
(1) In general.--Subject to paragraph (2), no new
construction of a highway, public road, or part of the
interstate system, whether Federal, State, or local, shall be
permitted through or across any portion of the MNP.
(2) Allowed access.--This subsection does not preclude--
(A) construction and maintenance of roads for use
within the MNP;
(B) the granting of authorizations for utility
rights-of-way under applicable Federal, State, or local
law;
(C) necessary access by the Secretary of the Army
for purposes of restoration and cleanup as provided in
this Act;
(D) such other access as is necessary.
(i) Agricultural Leases and Special Use Authorizations.--
(1) Previous lease.--If, at the time of transfer of
jurisdiction under section 4(a), there exists a lease issued by
the Secretary of the Army, Secretary of Defense, or an employee
of the Secretary of the Army or the Secretary of Defense, for
agricultural purposes on the land transferred, the Secretary,
on the transfer of jurisdiction, shall issue a special use
authorization. Subject to paragraph (3), the terms of the
special use authorization shall be identical in substance to
the lease, including terms prescribing the expiration date and
any payments owed to the United States. On issuance of the
special use authorization, the lease shall become void.
(2) Other special use authorizations.--The Secretary may
issue a special use authorization to a person for use of the
MNP for agricultural purposes. The special use authorization
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. Subject to paragraph (3), the special use
authorization shall include such terms and conditions as the
Secretary considers appropriate.
(3) Limitation on special use authorizations.--No special
use authorization shall be issued under this subsection that
has a term extending beyond the date that is 20 years after the
date of enactment of this Act, unless the special use
authorization is issued primarily for purposes related to--
(A) erosion control;
(B) provision for food and habitat for fish and
wildlife; or
(C) resource management activities consistent with
the purposes of the MNP.
(j) Treatment of Rental Fees.--Funds received under a special use
authorization issued under subsection (i) shall be subject to
distribution to the State of Illinois and affected counties in
accordance with the Act of May 23, 1908 (35 Stat. 260, chapter 192; 16
U.S.C. 500) and section 13 of the Act of March 1, 1911 (36 Stat. 963,
chapter 186; 16 U.S.C. 500). All funds not distributed under the Acts
shall be credited to an MNP Rental Fee Account, to be maintained by the
Secretary of the Treasury. Amounts in the Account shall remain
available until expended, without fiscal year limitation. The Secretary
may use funds in the Account to carry out prairie-improvement work. Any
funds in the account that the Secretary determines to be in excess of
the cost of doing prairie-improvement work shall be transferred, on the
determination, to miscellaneous receipts, Forest Service Fund, as a
National Forest receipt for the fiscal year in which the transfer is
made.
(k) User Fees.--The Secretary is authorized to charge reasonable
fees for the admission, occupancy, and use of the MNP and may prescribe
a fee schedule providing for a reduction or a waiver of fees for a
person engaged in an activity authorized by the Secretary, including
volunteer services, research, or education. The Secretary shall permit
admission, occupancy, and use of the MNP at no charge for a person
possessing a valid Golden Eagle Passport or Golden Age Passport.
(l) Salvage of Improvements.--The Secretary may sell for salvage
value any facility or improvement that is transferred to the Secretary
under this Act.
(m) Treatment of User Fees and Salvage Receipts.--Funds collected
under subsections (k) and (l) shall be credited to a Midewin National
Tallgrass Prairie Restoration Fund, to be maintained by the Secretary
of the Treasury. Amounts in the Fund shall remain available, subject to
appropriation, without fiscal year limitation. The Secretary may use
amounts in the Fund for restoration and administration of the MNP,
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.
(n) Cooperation With States, Local Governments, and Other
Entities.--In the management of the MNP, the Secretary shall, to the
extent practicable, cooperate with affected appropriate Federal, State,
and local governmental agencies, private organizations, and
corporations. The cooperation may include entering a cooperative
agreement or exercising authority under the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2101 et seq.) or the Forest and
Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1641 et
seq.). The purpose of the cooperation may include public education,
land and resource protection, or cooperative management among
government, corporate, and private landowners in a manner that is
consistent with this Act.
SEC. 4. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER
THE ARSENAL.
(a) Phased Transfer of Jurisdiction.--
(1) Initial transfer.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
shall transfer to the Secretary those portions of the Arsenal
property identified for transfer to the Secretary under
subsection (c), and shall transfer to the Secretary of Veterans
Affairs those portions identified for transfer to the Secretary of
Veterans Affairs under section 5(c)(4). In the case of the Arsenal
property to be transferred to the Secretary of Agriculture, the
Secretary of the Army shall transfer to the Secretary of Agriculture
only those portions for which the Secretary of the Army and the
Administrator concur in finding that no further action is required
under any environmental law and that have been eliminated from the
areas to be further studied pursuant to the Defense Environmental
Restoration Program for the Arsenal. Not later than 120 days after the
date of the enactment of this Act, the Secretary of the Army and the
Administrator shall provide to the Secretary--
(A) all documentation that exists on the date the
documentation is provided that supports the finding;
and
(B) all information that exists on the date the
information is provided that relates to the
environmental conditions of the portions of the Arsenal
to be transferred to the Secretary under this
paragraph.
(2) Additional transfers.--
(A) In general.--The Secretary of the Army shall
transfer to the Secretary of Agriculture any portion of
the property generally identified in subsection (c) and
not transferred pursuant to paragraph (1) when the
Secretary of the Army and the Administrator concur in
finding that no further action is required at that
portion of property under any environmental law and
that the portion has been eliminated from the areas to
be further studied pursuant to the Defense
Environmental Restoration Program for the Arsenal.
(B) Documentation and information.--Not later than
60 days prior to a transfer under this paragraph, the
Secretary of the Army and the Administrator shall
provide to the Secretary--
(i) all documentation that exists on the
date the documentation is provided that
supports the finding; and
(ii) all information that exists on the
date the information is provided that relates
to the environmental conditions of the portions
of the Arsenal to be transferred to the
Secretary under this paragraph.
(C) Parcel-by-parcel.--Transfer of jurisdiction
under this paragraph may be accomplished on a parcel-
by-parcel basis.
(3) Responsibilities and liabilities.--This section shall
not affect the responsibilities and liabilities of the
Secretary of the Army under section 6.
(b) Transfer Without Reimbursement.--The Secretary of the Army
shall transfer the area constituting the MNP to the Secretary without
reimbursement.
(c) Identification of Portions for Transfer for MNP.--The lands to
be transferred to the Secretary under subsection (a) shall be
identified in an agreement between the Secretary of the Army and the
Secretary. All the real property and improvements comprising the
Arsenal, except for lands and facilities described in subsection (g) or
designated for transfer or disposal to parties other than the Secretary
under section 5, shall be transferred to the Secretary.
(d) Security Measures.--The Secretary, the Secretary of the Army,
and the Secretary of Veterans Affairs, shall each provide and maintain
physical and other security measures on such portion of the Arsenal as
is under the administrative jurisdiction of the respective Secretary.
The 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 each respective Secretary and that may
endanger health or safety.
(e) Cooperative Agreements.--The Secretary, the Secretary of the
Army, and the Administrator individually and collectively may enter
into a cooperative agreement or a memoranda of understanding among each
other, with another affected Federal agency, State or local government,
private organization, or corporation to carry out the purposes
described in section 3(g).
(f) Interim Activities of the Secretary.--Prior to transfer and
subject to such reasonable terms and conditions as the Secretary of the
Army may prescribe, the Secretary may enter on 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 MNP is
established.
(g) Property Used for Environmental Cleanup.--
(1) Retention.--The Secretary of the Army shall retain
jurisdiction, authority, and control over real property at the
Arsenal that is used for--
(A) water treatment;
(B) the treatment, storage, or disposal of a
hazardous substance, pollutant or contaminant,
hazardous material, or petroleum product or a
derivative of the product;
(C) purposes related to a response at the Arsenal;
and
(D) actions required at the Arsenal under an
environmental law to remediate contamination or
conditions of noncompliance with an environmental law.
(2) Conditions.--The Secretary of the Army shall consult
with the Secretary regarding the identification and management
of the real property retained under this subsection and ensure
that activities carried out on the property are compatible, to
the extent practicable, with the purposes for which the MNP is
established, as described in section 3(g), and with the other
provisions of this Act.
(3) Priority of response.--In the case of a conflict
between management of the property by the Secretary and a
response or other action required under an environmental law,
or necessary to remediate a petroleum product or a derivative
of the product, the response or other action shall take
priority.
(4) Surveys.--All costs of necessary surveys for the
transfer of jurisdiction of properties among Federal agencies
shall be shared equally by the Secretary of the Army and the
Secretary exercising jurisdiction over the property. In the
case of lands transferred to a non-Federal agency under section
5, the Secretary of the Army shall pay the survey costs.
SEC. 5. DISPOSAL FOR INDUSTRIAL PARKS, A COUNTY LANDFILL, AND A
NATIONAL VETERANS CEMETERY AND TO THE ADMINISTRATOR OF
GENERAL SERVICES.
(a) National Veterans Cemetery.--The Secretary of the Army shall
convey to the Department of Veterans Affairs, without compensation, an
area of real property to be used for a national cemetery, as authorized
under section 2337 of the National Defense Authorization Act for Fiscal
Years 1988 and 1989 (101 Stat. 1225), consisting of approximately 910
acres, the approximate legal description of which includes part of
sections 30 and 31 Jackson Township, T. 34 N. R. 10 E., and including
part of sections 25 and 36 Channahon Township, T. 34 N. R. 9 E., Will
County, Illinois, as depicted on the Arsenal Land Use Concept.
(b) County of Will Landfill.--
(1) In general.--Subject to the other provisions of this
subsection, the Secretary of the Army shall convey an area of
real property to the County of Will, without compensation, to
be used for a landfill by the County, consisting of
approximately 425 acres of the Arsenal, the approximate legal
description of which includes part of sections 8 and 17,
Florence Township, T. 33 N. R. 10 E., Will County, Illinois, as
depicted in the Arsenal Land Use Concept.
(2) Additions to landfill.--Additional acreage shall be
added to the landfill described in paragraph (1) as is
necessary to reasonably accommodate needs for the disposal of
refuse and other materials from the restoration and cleanup of
the Arsenal property.
(3) No compensation.--Use of the landfill described in
paragraph (1) or additional acreage under paragraph (2) by any
agency of the Federal Government shall be at no cost to the
Federal Government.
(4) Additional terms.--The Secretary of the Army may
require such additional terms and conditions in connection with
a conveyance under this paragraph as the Secretary of the Army
considers appropriate to protect the interests of the United
States.
(5) Reversionary interest.--Any conveyance of real property
under this subsection shall contain a reversionary interest
that provides that the property shall revert to the Secretary
of the Agriculture for inclusion in the MNP if the property is
not operated as a landfill.
(6) Environmental liability.--Liability for environmental
conditions at or related to the landfill described in paragraph
(1) resulting from activities occurring at the landfill after
the date of enactment of this Act and before a revision under
paragraph (5) shall be borne by the County of Will.
(c) Village of Elwood Industrial Park.--The Secretary of the Army
shall convey an area of real property to the Village of Elwood,
Illinois, to be used for an industrial park, consisting of
approximately 1,900 acres of the Arsenal, the approximate legal
description of which includes part of section 30, Jackson Township, T.
34 N. R. 10 E., and sections or part of sections 24, 25, 26, 35, and 36
Channahon Township, T. 34 N. R. 9 E., Will County, Illinois, as
depicted on the Arsenal Land Use Concept. The conveyance shall be at
fair market value, as determined in accordance with Federal appraisal
standards and procedures. Any funds received by the Village of Elwood
from the sale or other transfer of the property, or portions of the
property, less any costs expended for improvements on the property,
shall be remitted to the Secretary of the Army.
(d) City of Wilmington Industrial Park.--The Secretary of the Army
shall convey an area of real property to the City of Wilmington,
Illinois, to be used for an industrial park, consisting of
approximately 1,100 acres of the Arsenal, the approximate legal
description of which includes part of sections 16, 17, and 18 Florence
Township, T. 33 N. R. 10 E., Will County, Illinois, as depicted on the
Arsenal Land Use Concept. The conveyance shall be at fair market value,
as determined in accordance with Federal appraisal standards and
procedures. Any funds received by the City of Wilmington from the sale
or other transfer of the property, or portions of the property, less
any costs expended for improvements on the property, shall be remitted
to the Secretary of the Army.
(e) Optional Additional Areas.--
(1) In general.--Not later than 180 days after the
construction and installation of any remedial design approved
by the Administrator and required for any lands described in
paragraph (2), the Administrator shall provide to the Secretary
all information existing on the date the information is
provided regarding the implementation of the remedy, including
information regarding the effectiveness of the remedy. Not
later than 180 days after the Administrator provides the
information to the Secretary, the Secretary of the Army shall
offer the Secretary the option of accepting a conveyance of the
areas described in paragraph (2), without reimbursement, to be
added to the MNP subject to the terms and conditions, including
the limitations on liability, contained in this Act. If the
Secretary declines the offer, the property may be disposed of
as the Secretary of the Army would ordinarily dispose of the
property under applicable provisions of law. The conveyance of
property under this paragraph may be accomplished on a parcel-
by-parcel basis.
(2) Description of areas.--
(A) In general.--The areas on the Arsenal Land Use
Concept that may be conveyed under paragraph (1) are--
(i) manufacturing area, study area 1,
southern ash pile;
(ii) study area 2, explosive burning
ground;
(iii) study area 3, flashing-grounds;
(iv) study area 4, lead azide area;
(v) study area 10, toluene tank farms;
(vi) study area 11, landfill;
(vii) study area 12, sellite manufacturing
area;
(viii) study area 14, former pond area;
(ix) study area 15, sewage treatment plant;
(x) study area L1, load assemble packing
area, group 61;
(xi) study area L2, explosive burning
ground;
(xii) study area L3, demolition area;
(xiii) study area L4, landfill area;
(xiv) study area L5, salvage yard;
(xv) study area L7, group 1;
(xvi) study area L8, group 2;
(xvii) study area L9, group 3;
(xviii) study area L10, group 3A;
(xix) study area L12, Doyle Lake;
(xx) study area L14, group 4;
(xxi) study area L15, group 5;
(xxii) study area L18, group 8;
(xxiii) study area L19, group 9;
(xxiv) study area L20, group 20;
(xxv) study area L22, group 25;
(xxvi) study area L23, group 27;
(xxvii) study area L25, group 62;
(xxviii) study area L31, extraction pits;
(xxix) study area L33, PVC area;
(xxx) study area L34, former burning area;
and
(xxxi) study area L35, fill area.
(B) Additional areas.--The areas referred to in
subparagraph (A) shall include 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 shown in the Dames and
Moore Final Report, Phase 2 Remedial Investigation
Manufacturing (MFG) Area Joliet Army Ammunition Plant
Joliet, Illinois (May 30, 1993. Contract No. DAAA15-90-
D-0015 task order No. 6 prepared for: United States
Army Environmental Center).
(C) Exception.--Notwithstanding subparagraphs (A)
and (B), the landfill and national cemetery described
in paragraphs (3) and (4) shall not be subject to
paragraph (1).
SEC. 6. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF THE SECRETARY
OF THE ARMY FOR ENVIRONMENTAL CLEANUP.
(a) Responsibility.--A liability or responsibility of the Secretary
of the Army under an environmental law shall not transfer to the
Secretary of Agriculture as a result of this Act. 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 responses required under CERCLA at or related to
the property;
(2) all remediation actions required under any
environmental law at or related to the property; and
(3) all actions required under any environmental law to
remediate petroleum products or derivatives of the products
(including motor oil and aviation fuel) at or related to the
property.
(b) Liability.--
(1) In general.--Nothing in this Act shall affect, modify,
amend, repeal, alter, limit, or otherwise change, directly or
indirectly, the responsibilities and liabilities of a person
under an applicable environmental law, except as provided in
paragraph (3) with respect to the Secretary of Agriculture.
(2) Liability of the secretary of the army.--The Secretary
of the Army shall retain any obligation or other liability at
the Arsenal that the Secretary had under CERCLA and other
environmental laws. Following transfer of a portion of the
Arsenal under this Act, the Secretary of the Army shall be
accorded any easement or access to the property that may be
reasonably required to carry out the obligation or satisfy the
liability.
(3) Liability of the department of agriculture.--The
Secretary of Agriculture shall not be responsible or liable
under any environmental law for a matter that is related
directly or indirectly to an activity of the Secretary of the
Army or a party acting under the authority of the Secretary of
the Army in connection with the Defense Environmental
Restoration Program, at or related to the Arsenal, including--
(A) the costs or performance of responses required
under CERCLA;
(B) the costs, penalties, or fines related to
noncompliance with an environmental law at or related
to the Arsenal or related to the presence, release, or
threat of release of a, hazardous substance, pollutant
or contaminant, hazardous waste, or hazardous material
of any kind at or related to the Arsenal, including
contamination resulting from migration of a hazardous
substance, pollutant or contaminant, a hazardous
material, or a petroleum product or a derivative of the
product disposed during an activity of the Secretary of
the Army; and
(C) the costs of an action necessary to remedy
noncompliance or another problem specified in
subparagraph (B).
(d) Payment of Response Costs.--A Federal agency that had or has
operations at the Arsenal resulting in the release or threatened
release of a hazardous substance or pollutant or contaminant shall pay
the cost of a related response and shall pay the costs of a related
action to remediate petroleum products or the derivatives of the
products, including motor oil and aviation fuel.
(e) Consultation.--The Secretary shall consult with the Secretary
of the Army with respect to the management by the Secretary of real
property included in the MNP subject to a response 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 shall
consult with the Secretary of the Army prior to undertaking an activity
on the MNP that may disturb the property to ensure that the activity
shall not exacerbate contamination problems or interfere with
performance by the Secretary of the Army of a response at the property.
In carrying out a response at the Arsenal, the Secretary of the Army
shall consult with the Secretary to ensure that the action is carried
out in a manner compatible with the purposes for which the MNP is
established, as specified in section 3(g), and with this Act.
SEC. 7. DEGREE OF ENVIRONMENTAL CLEANUP.
(a) In General.--Nothing in this Act shall restrict or lessen the
degree of cleanup at the Arsenal required to be carried out under any
environmental law.
(b) Response.--The establishment of the MNP shall not restrict or
lessen in any way a response or degree of cleanup required under CERCLA
or other environmental law, or a response required under any
environmental law to remediate petroleum products or the derivatives of
the products, including motor oil and aviation fuel, required to be
carried out by the Secretary of the Army at the Arsenal or surrounding
areas.
(c) Environmental Quality of Property.--Any contract for sale,
deed, or other transfer of real property under section 5 shall be
carried out in compliance with section 120(h) of the CERCLA (42 U.S.C.
9620(h)) and other environmental laws.
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