H.R. 714 — Illinois Land Conservation Act of 1995

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 714 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 714

  To establish the Midewin National Tallgrass Prairie in the State of 
                   Illinois, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 1995

  Mr. Weller introduced the following bill; which was referred to the 
    Committee on Agriculture and, in addition, to the Committees on 
National Security, Commerce, and Transportation and Infrastructure, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 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 
        such term 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 April 8, 1994.
    (b) Transfer Without Reimbursement.--The area constituting the 
Midewin National Tallgrass Prairie shall be transferred, without 
reimbursement, to the Secretary of Agriculture.
    (c) Management of MNP.--Management by the Secretary of Agriculture 
of those portions of the Arsenal transferred to the Secretary under 
this Act shall be in accordance with sections 104 and 105 regarding the 
Midewin National Tallgrass Prairie.
    (d) Security Measures.--The Secretary of the Army and the Secretary 
of Agriculture shall each provide and maintain physical and other 
security measures on such portion of the Arsenal as is under the 
administrative jurisdiction of such Secretary. Such security measures 
(which may include fences and natural barriers) shall include measures 
to prevent members of the public from gaining unauthorized access to 
such portions of the Arsenal as are under the administrative 
jurisdiction of such Secretary and that may endanger health or safety.
    (e) Cooperative Agreements.--The Secretary of the Army, the 
Secretary of Agriculture, and the Administrator are individually and 
collectively authorized to enter into cooperative agreements and 
memoranda of understanding among each other and with other affected 
Federal agencies, State and local governments, private organizations, 
and corporations to carry out the purposes for which the Midewin 
National Tallgrass Prairie is established.
    (f) Interim Activities of the Secretary of Agriculture.--Prior to 
transfer and subject to such reasonable terms and conditions as the 
Secretary of the Army may prescribe, the Secretary of Agriculture may 
enter upon the Arsenal property for purposes related to planning, 
resource inventory, fish and wildlife habitat manipulation (which may 
include prescribed burning), and other such activities consistent with 
the purposes for which the Midewin National Tallgrass Prairie is 
established.

SEC. 102. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER 
              ARSENAL.

    (a) Initial Transfer of Jurisdiction.--Within 6 months after the 
date of the enactment of this Act, the Secretary of the Army shall 
effect the transfer of those portions of the Arsenal property 
identified for transfer to the Secretary of Agriculture pursuant to 
subsection (d). The Secretary of the Army shall transfer to the 
Secretary of Agriculture only those portions of the Arsenal for which 
the Secretary of the Army and the Administrator concur that no further 
action is required under any environmental law and which therefore have 
been eliminated from the areas to be further studied pursuant to the 
Defense Environmental Restoration Program for the Arsenal. Within 4 
months after the date of the enactment of this Act, the Secretary of 
the Army and the Administrator shall provide to the Secretary of 
Agriculture all existing documentation supporting such finding and all 
existing information relating to the environmental conditions of the 
portions of the Arsenal to be transferred to the Secretary of 
Agriculture pursuant to this subsection.
    (b) Additional Transfers.--The Secretary of the Army shall transfer 
to the Secretary of Agriculture in accordance with section 106(c) any 
portion of the property generally identified in subsection (d) and not 
transferred under subsection (a) after the Secretary of the Army and 
the Administrator concur that no further action is required at that 
portion of property under any environmental law and that such portion 
is therefore eliminated from the areas to be further studied pursuant 
to the Defense Environmental Restoration Program for the Arsenal. At 
least 2 months before any transfer under this subsection, the Secretary 
of the Army and the Administrator shall provide to the Secretary of 
Agriculture all existing documentation supporting such finding and all 
existing information relating to the environmental conditions of the 
portion of the Arsenal to be transferred. Transfer of jurisdiction 
pursuant to this subsection may be accomplished on a parcel-by-parcel 
basis.
    (c) Effect on Continued Responsibilities and Liability of Secretary 
of the Army.--Subsections (a) and (b), and their requirements, shall 
not in any way affect the responsibilities and liabilities of the 
Secretary of the Army specified in section 103.
    (d) Identification of Portions for Transfer for MNP.--The lands to 
be transferred to the Secretary of Agriculture under subsections (a) 
and (b) shall be identified on a map or maps which shall be agreed to 
by the Secretary of the Army and the Secretary of Agriculture. 
Generally, the land to be transferred to the Secretary of Agriculture 
shall be all the real property and improvements comprising the Arsenal, 
except for lands and facilities described in subsection (e) or 
designated for disposal under section 106 or title II.
    (e) Property Used for Environmental Cleanup.--
            (1) Retention.--The Secretary of the Army shall retain 
        jurisdiction, authority, and control over real property at the 
        Arsenal to be used for--
                    (A) water treatment;
                    (B) the treatment, storage, or disposal of any 
                hazardous substance, pollutant or contaminant, 
                hazardous material, or petroleum products or their 
                derivatives;
                    (C) other purposes related to any response action 
                at the Arsenal; and
                    (D) other actions required at the Arsenal under any 
                environmental law to remediate contamination or 
                conditions of noncompliance with any environmental law.
            (2) Conditions.--The Secretary of the Army shall consult 
        with the Secretary of Agriculture regarding the identification 
        and management of the real property retained under this 
        subsection and ensure that activities carried out on that 
        property are consistent, to the extent practicable, with the 
        purposes for which the Midewin National Tallgrass Prairie is 
        established, as specified in section 104(c), and with the other 
        provisions of such section and section 105.
            (3) Priority of response actions.--In the case of any 
        conflict between management of the property by the Secretary of 
        Agriculture and any response action or other action required 
        under environmental law to remediate petroleum products or 
        their derivatives, the response action or other such action 
        shall take priority.
    (f) Surveys.--All costs of necessary surveys for the transfer of 
jurisdiction of Arsenal property from the Secretary of the Army to the 
Secretary of Agriculture shall be shared equally by the two 
Secretaries.

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 applicable environmental law of any 
        person (including the Secretary of Agriculture), except as 
        provided in paragraph (3) with respect to the Secretary of 
        Agriculture.
            (2) Liability of secretary of the army.--The Secretary of 
        the Army shall retain any obligation or other liability at the 
        Arsenal that the Secretary may have under CERCLA and other 
        environmental laws. Following transfer of any portions of the 
        Arsenal pursuant to this Act, the Secretary of the Army shall 
        be accorded all easements and access to such property as may be 
        reasonably required to carry out such obligation or satisfy 
        such liability.
            (3) Special rules for secretary of agriculture.--The 
        Secretary of Agriculture shall not be responsible or liable 
        under any environmental law for matters which are in any way 
        related directly or indirectly to activities of the Secretary 
        of the Army, or any party acting under the authority of the 
        Secretary in connection with the Defense Environmental 
        Restoration Program, at the Arsenal and which are for any of 
        the following:
                    (A) Costs of response actions required under CERCLA 
                at or related to the Arsenal.
                    (B) Costs, penalties, or fines related to 
                noncompliance with any environmental law at or related 
                to the Arsenal or related to the presence, release, or 
                threat of release of any hazardous substance, 
                pollutant, contaminant, hazardous waste or hazardous 
                material of any kind at or related to the Arsenal, 
                including contamination resulting from migration of 
                hazardous substances, pollutants, contaminants, 
                hazardous materials, or petroleum products or their 
                derivatives disposed during activities of the 
                Department of the Army.
                    (C) Costs of actions necessary to remedy such 
                noncompliance or other problem specified in 
                subparagraph (B).
    (c) Payment of Response Action Costs.--Any Federal department or 
agency that had or has operations at the Arsenal resulting in the 
release or threatened release of hazardous substances, pollutants, or 
contaminants shall pay the cost of related response actions or related 
actions under other statutes to remediate petroleum products or their 
derivatives, including motor oil and aviation fuel.
    (d) Consultation.--The Secretary of Agriculture shall consult with 
the Secretary of the Army with respect to the Secretary of 
Agriculture's management of real property included in the Midewin 
National Tallgrass Prairie subject to any response action or other 
action at the Arsenal being carried out by or under the authority of 
the Secretary of the Army under any environmental law. The Secretary of 
Agriculture shall consult with the Secretary of the Army prior to 
undertaking any activities on the Midewin National Tallgrass Prairie 
that may disturb the property to ensure that such activities will not 
exacerbate contamination problems or interfere with performance by the 
Secretary of the Army of response actions at the property. In carrying 
out response actions at the Arsenal, the Secretary of the Army shall 
consult with the Secretary of Agriculture to ensure that such actions 
are carried out in a manner consistent with the purposes for which the 
Midewin National Tallgrass Prairie is established, as specified in 
section 104(c), and the other provisions of such section and section 
105.

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

    (a) Establishment.--On the effective date of the initial transfer 
of jurisdiction of portions of the Arsenal to the Secretary of 
Agriculture under section 102(a), the Secretary of Agriculture shall 
establish the Midewin National Tallgrass Prairie. The MNP shall--
            (1) be administered by the Secretary of Agriculture; and
            (2) consist of the real property so transferred and such 
        other portions of the Arsenal subsequently transferred under 
        section 102(b) or 106.
    (b) Administration.--
            (1) In general.--The Secretary of Agriculture shall manage 
        the Midewin National Tallgrass Prairie as a part of the 
        National Forest System in accordance with this Act and the 
        laws, rules, and regulations pertaining to the National Forest 
        System, except that the Bankhead-Jones Farm Tenant Act of 1937 
        (7 U.S.C. 1010-1012) shall not apply to the MNP.
            (2) Initial management activities.--In order to expedite 
        the administration and public use of the Midewin National 
        Tallgrass Prairie, the Secretary of Agriculture may conduct 
        management activities at the MNP to effectuate the purposes for 
        which the MNP is established, as set forth in subsection (c), 
        in advance of the development of a land and resource management 
        plan for the MNP.
            (3) Land and resource management plan.--In developing a 
        land and resource management plan for the Midewin National 
        Tallgrass Prairie, the Secretary of Agriculture shall consult 
        with the Illinois Department of Conservation and local 
        governments adjacent to the MNP and provide an opportunity for 
        public comment. Any parcel transferred to the Secretary of 
        Agriculture under this Act after the development of a land and 
        resource management plan for the MNP may be managed in 
        accordance with such plan without need for an amendment to the 
        plan.
    (c) Purposes of the Midewin National Tallgrass Prairie.--The 
Midewin National Tallgrass Prairie is established to be managed for 
National Forest System purposes, including the following:
            (1) To conserve and enhance populations and habitats of 
        fish, wildlife, and plants, including populations of grassland 
        birds, raptors, passerines, and marsh and water birds.
            (2) To restore and enhance, where practicable, habitat for 
        species listed as proposed, threatened or endangered under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
            (3) To provide fish and wildlife oriented public uses at 
        levels compatible with the conservation, enhancement and 
        restoration of native wildlife and plants and their habitats.
            (4) To provide opportunities for scientific research.
            (5) To provide opportunities for environmental and land use 
        education.
            (6) To manage the land and water resources of the MNP in a 
        manner that will conserve and enhance the natural diversity of 
        native fish, wildlife, and plants.
            (7) To conserve and enhance the quality of aquatic habitat.
            (8) To provide for public recreation insofar as such 
        recreation is compatible with the other purposes for which the 
        MNP is established.
    (d) Other Land Acquisition for MNP.--
            (1) Land acquisition funds.--Notwithstanding section 7 of 
        the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
        460l-9), monies appropriated from the Land and Water 
        Conservation Fund established under section 2 of such Act (16 
        U.S.C. 460l-5) shall be available for acquisition of lands and 
        interests in land for inclusion in the Midewin National 
        Tallgrass Prairie.
            (2) Acquisition of private lands.--Acquisition of private 
        lands for inclusion in the Midewin National Tallgrass Prairie 
        shall be on a willing seller basis only.
    (e) Cooperation With States, Local Governments and Other 
Entities.--In the management of the Midewin National Tallgrass Prairie, 
the Secretary 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 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 is hereby appropriated and made 
available until expended, to cover the cost to the United States of 
such prairie-improvement work as the Secretary of Agriculture may 
direct. Any portion of any deposit made to the fund which the Secretary 
of Agriculture 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 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 of Agriculture 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, which are hereby appropriated and 
made available until expended, shall be used 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.
    (g) Use of Ground Water Resources.--The Secretary of Agriculture 
shall develop a plan to provide Will County, Illinois, and local 
jurisdictions in the county with reasonable access to, and use of, 
ground water through the system of water wells in existence on the date 
of the enactment of this Act and located on portions of Arsenal 
property to be included in the Midewin National Tallgrass Prairie. The 
Secretary shall develop the water access and use plan in consultation 
with the Board of Commissioners of Will County, the redevelopment 
authority established pursuant to section 203(c), and representatives 
of the affected jurisdictions.

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, Doyle Lake: Study Area 
        L12, Group 4: Study Area L14, Group 5: Study Area L15, Group 8: 
        Study Area L18, Group 9: Study Area L19, Group 20, Study Area 
        L20, Group 25: Study Area L22, Group 27: Study Area L23, Group 
        62: Study Area L25, Extraction Pits: Study Area L31, PVC Area: 
        Study Area L33, Former Burning Area: Study Area L34, Fill Area: 
        Study Area L35, 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, 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).
    (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.--Not later than 6 months after the date of 
the enactment of this Act, 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. Subsections (b) and (c) of section 2337 of the 
National Defense Authorization Act for Fiscal Years 1988 and 1989 
(Public Law 101-180; 101 Stat. 1225) shall apply to the transfer.
    (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 910 acres, the approximate legal 
description of which includes part of sections 30 and 31 Jackson 
Township, T34N R10E, and part of sections 25 and 36 Channahon Township, 
T34N R9E, Will County, Illinois, as depicted in the Arsenal Land Use 
Concept.
    (c) Security Measures.--The Secretary of Veterans Affairs shall 
provide and maintain physical and other security measures on the real 
property transferred under subsection (a). Such security measures 
(which may include fences and natural barriers) shall include measures 
to prevent members of the public from gaining unauthorized access to 
the portion of the Arsenal that is under the administrative 
jurisdiction of such Secretary and that may endanger health or safety.
    (d) Surveys.--All costs of necessary surveys for the transfer of 
jurisdiction of Arsenal properties from the Secretary of the Army to 
the Secretary of Veterans Affairs shall be shared equally by the two 
Secretaries.

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

    (a) Transfer Required.--The Secretary of the Army shall transfer, 
without compensation, to the County of Will, 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--
            (1) approximately 425 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; and
            (2) such additional acreage at the Arsenal as is necessary 
        to reasonably accommodate needs for the disposal of refuse and 
        other materials from the restoration and cleanup of only the 
        Arsenal property as provided for in this Act.
    (c) Use of Landfill.--The use by any agency of the Federal 
Government (or its agents or assigns) of the landfill established on 
the real property described in subsection (b)(2) shall be at no cost to 
the Federal Government.
    (d) Reversionary Interest.--During the 5-year period beginning on 
the date the Secretary of the Army makes the conveyance under 
subsection (a), if the Secretary determines that the conveyed real 
property is not being operated as a landfill or that the Federal 
Government (or its agents or assigns) is denied reasonable access to 
the portion of the landfill described in subsection (b)(2), all right, 
title and interest in and to the property, including improvements 
thereon, shall revert to the United States. The United States shall 
have the right of immediate entry onto the property. Any determination 
of the Secretary under this subsection shall be made on the record 
after an opportunity for a hearing.
    (e) Surveys.--All costs of necessary surveys for the transfer of 
real property under this section shall be borne by the Secretary of the 
Army.
    (f) Additional Terms and Conditions.--The Secretary of the Army may 
require such additional terms and conditions in connection with the 
conveyance under this section as the Secretary considers appropriate to 
protect the interests of the United States.

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

    (a) Transfer Required.--Subject to subsection (c), the Secretary of 
the Army shall transfer, without compensation, 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 located at the Arsenal, the 
        approximate legal description of which includes part of section 
        30, Jackson Township, T34N R10E, and sections or part of 
        sections 24, 25, 26, 35, and 36, Channahon Township, T34N R9E, 
        Will County, Illinois, as depicted in the Arsenal Land Use 
        Concept; and
            (2) approximately 1,100 acres, the approximate legal 
        description of which includes part of sections 16, 17, 18 
        Florence Township, T33N R10E, Will County, Illinois, as 
        depicted in the Arsenal Land Use Concept.
    (c) Condition of Conveyance.--
            (1) Redevelopment authority.--The conveyance under 
        subsection (a) shall be subject to the 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.
    (d) Reversionary Interest.--During the 5-year period beginning on 
the date the Secretary makes the conveyance under subsection (a), if 
the Secretary determines that the conveyed real property is not being 
used for economic redevelopment or that the redevelopment authority 
established under subsection (c) is not overseeing such redevelopment, 
all right, title and interest in and to the property, including 
improvements thereon, shall revert to the United States. The United 
States shall have the right of immediate entry onto the property. Any 
determination of the Secretary under this subsection shall be made on 
the record after an opportunity for a hearing.
    (e) Surveys.--All costs of necessary surveys for the transfer of 
real property under this section shall be borne by the Secretary of the 
Army.
    (f) Additional Terms and Conditions.--The Secretary of the Army may 
require such additional terms and conditions in connection with the 
conveyance under this section as the Secretary considers appropriate to 
protect the interests of the United States.

                  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 shall not restrict or lessen in any way response 
action or degree of cleanup under CERCLA or other environmental law, or 
any response action required under any environmental law to remediate 
petroleum products or their derivatives (including motor oil and 
aviation fuel), required to be carried out under the authority of the 
Secretary of the Army at the Arsenal and surrounding areas.
    (c) Environmental Quality of Property.--Any contract for sale, 
deed, or other transfer of real property under title II shall be 
carried out in compliance with all applicable provisions of section 
120(h) of CERCLA and other environmental laws.
                                 <all>
HR 717 IH----2
HR 717 IH----3
Illinois Land Conservation Act of 1995

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