Midewin National Tallgrass Prairie Expansion Act of 2008 - Transfers administrative jurisdiction over the Joliet Training Area (JTA) from the Secretary of the Army to the Secretary of Agriculture.
Directs the Secretary of Agriculture to convey a specified parcel of land to Will County, Illinois. Requires the deed for such land to contain restrictive covenants enforceable by such Secretary for the benefit of the appurtenant federal lands and the Midewin National Tallgrass Prairie.
Requires the conveyed lands to only be used for: (1) parks and recreation; (2) firing ranges for small arms; (3) office and training facilities for fire fighters, police, and emergency personnel; (4) public safety facilities (but not for incarceration); and (5) offices for county and municipal governments. Prohibits the use of such lands for industrial or commercial purposes.
Provides for environmental remediation of the lands conveyed to the county.
Directs the Secretary of Agriculture to convey to CenterPoint Properties, LLC, an easement to specified lands to permit the construction of roads and railroads for access to appurtenant properties.
Provides for certain cash payments.
Requires the Secretary of the Army to provide a preliminary assessment/site inspection to the Secretary of Agriculture for the lands comprising the JTA and to develop plans for remediation of the recognized environmental conditions identified by the preliminary assessment/site inspection.
[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 6944 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6944
To transfer administrative jurisdiction over the Joliet Training Area
in Will County, Illinois, to the Secretary of Agriculture for inclusion
in the Midewin National Tallgrass Prairie, to provide for the
conveyance of several parcels of the Joliet Training Area, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2008
Mr. Weller of Illinois introduced the following bill; which was
referred to the Committee on Armed Services, and in addition to the
Committees on Agriculture, Transportation and Infrastructure, and
Energy and Commerce, 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 transfer administrative jurisdiction over the Joliet Training Area
in Will County, Illinois, to the Secretary of Agriculture for inclusion
in the Midewin National Tallgrass Prairie, to provide for the
conveyance of several parcels of the Joliet Training Area, 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 ``Midewin National Tallgrass Prairie
Expansion Act of 2008''.
SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION AND LAND CONVEYANCES
INVOLVING JOLIET TRAINING AREA, ILLINOIS.
(a) Findings.--Congress finds the following:
(1) The Midewin National Tallgrass Prairie in Will County,
State of Illinois, constitutes some of the last vestiges of
natural prairie ecosystems in the United States, and its
administration by the Secretary of Agriculture pursuant to the
Illinois Land Conservation Act of 1995 (title XXIX of Public
Law 104-106; 110 Stat. 594) provides significant public
benefits in resource conservation and protection, wildlife
habitat, and public recreation.
(2) The Joliet Training Area presently administered by the
Secretary of the Army (in this section referred to as the
``JTA'') is adjacent to the Midewin National Tallgrass Prairie,
but the JTA is no longer needed for military purposes.
(3) The Illinois Land Conservation Act of 1995 requires the
eventual incorporation of JTA into the Midewin National
Tallgrass Prairie subject to meeting local land use needs as
provided in such Act.
(b) Map.--For purposes of this section, the JTA comprises those
federally owned lands and interests in lands depicted on a map entitled
``Joliet Training Area Lands, April 2008'' (in this section referred to
as the ``map''). The map shall be on file and available for public
inspection in the Office of the Chief of the Forest Service.
(c) Transfer of Jurisdiction.--Administrative jurisdiction over the
JTA is hereby transferred, without consideration, from the Secretary of
the Army to the Secretary of Agriculture. This transfer of
administrative jurisdiction does not eliminate or reduce any obligation
of the Secretary of the Army under the Illinois Land Conservation Act
of 1995 (title XXIX of Public Law 104-106) or this section.
(d) Management.--
(1) Inclusion in midewin national tallgrass prairie.--The
JTA lands transferred by subsection (c) shall be administered
by the Secretary of Agriculture as part of the Midewin National
Tallgrass Prairie in accordance with the Illinois Land
Conservation Act of 1995 (title XXIX of Public Law 104-106) and
the laws and regulations pertaining to the National Forest
System.
(2) Management plan.--The Secretary of Agriculture shall
manage the transferred lands consistent with the land and
resource management plan for the Midewin National Tallgrass
Prairie and include consideration of the transferred lands in
the next regular update of such management plan.
(3) Effect on existing rights.--The Secretary of
Agriculture shall administer any valid permit, lease, or other
authorization on the JTA lands transferred by subsection (c)
under its existing terms, except that any renewal or
modification shall be at the option of the Secretary of
Agriculture on such terms and conditions as the Secretary may
prescribe.
(e) Conveyance to Will County.--
(1) Conveyance required.--Subject to valid existing rights,
within 180 days after the date of the enactment of this Act,
the Secretary of Agriculture shall convey by quitclaim deed,
without cash consideration, to Will County, Illinois, all
right, title, and interest of the United States in and to the
parcel of land consisting of approximately 351 acres and
depicted on the map as the ``Will County Conveyance Parcel''.
(2) Restrictive covenant.--The quitclaim deed shall contain
restrictive covenants enforceable by the Secretary of
Agriculture for the benefit of the appurtenant Federal lands
and the Midewin National Tallgrass Prairie. The covenants shall
require that the lands conveyed to Will County, Illinois, shall
be used only for the following governmental purposes:
(A) Parks and recreation.
(B) Firing ranges for small arms.
(C) Office and training facilities for fire
fighters, police, and emergency personnel.
(D) Public safety facilities (but not facilities
for incarceration).
(E) Offices for county and municipal governments.
(3) Prohibited uses.--The lands conveyed under this
subsection shall not be used for industrial or commercial
purposes, including landfills, parking and transportation
facilities, power generation facilities, or waste water
treatment (except for wastes generated on site).
(4) Reserved rights.--The quitclaim deed shall reserve in
the United States--
(A) rights or easements for public and
administrative access and utilities over Arsenal Road
and such other rights-of-way as the Secretary of
Agriculture shall designate;
(B) mineral rights;
(C) surface and underground waters, subject to
reasonable use on site by the County; and
(D) rights to permit Federal, State, and local law
enforcement, public safety, and land management
agencies to have access to and use of training
facilities located on the property as of the date of
the enactment of this Act or constructed after that
date, subject to the right of Will County to manage
such uses and to charge reasonable fees commensurate
with use as necessary to cover its operating and
maintenance costs.
(5) Environmental cleanup.--With respect to the lands
conveyed to Will County pursuant to this subsection, the
Secretary of the Army shall comply with the requirements of
section 120 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9620).
(6) Administrative costs.--Will County shall cover the cost
of the conveyance under this subsection, including survey and
similar expenses.
(f) Conveyance to CenterPoint Properties.--
(1) Conveyance required.--The Secretary of Agriculture
shall convey by quitclaim deed to CenterPoint Properties, LLC
(in this section referred to as ``CenterPoint''), an easement
to the lands depicted on the map as the ``CenterPoint
Conveyance Parcel''.
(2) Purpose of easement.--The easement shall permit the
holder to construct roads and railroads for access to
appurtenant properties, subject to terms and conditions
prescribed by the Army Corps of Engineers pursuant to section
404 of the Clean Water Act (33 U.S.C. 1344) and any other
applicable law and regulation.
(3) Reserved rights.--The easement shall reserve in the
United States public access over any roads, and may prescribe
remedies for failure to meet any of the consideration
obligations of paragraph (4).
(4) Consideration.--Consideration for the easement provided
by this subsection shall be as follows:
(A) A cash payment equal to the market value of the
easement based on an appraisal prepared in conformity
with the Uniform Appraisal Standards for Federal Land
Acquisitions and approved by the Forest Service.
(B) An agreement or cash payment by CenterPoint to
fund a wetland mitigation project prescribed by the
Secretary of Agriculture and the Army Corps of
Engineers that effects the permanent enhancement,
restoration, and creation of wetlands and other rare
flora and fauna community types on the JTA and adjacent
lands.
(C) An agreement by CenterPoint to pay the
Secretary of Agriculture a reasonable annual fee, the
amount to be established annually by the Forest
Service, for the purpose of controlling invasive and
exotic species and for conducting other environmental
measures deemed necessary by the Forest Service on the
easement areas.
(D) A cash payment of $1,000,000 by CenterPoint to
a nonprofit corporation established under the laws of
the State of Illinois, with such corporation to be
designated at the sole discretion of the Secretary of
Agriculture, for purposes of establishing a charitable
foundation to fund habitat restoration at the Midewin
National Tallgrass Prairie.
(5) Administrative costs.--CenterPoint shall cover all
costs associated with the conveyance of the easement under this
subsection, including costs of survey, appraisal, and document
preparation, and reasonable administrative costs of the
Department of Agriculture, including legal expenses.
(g) Disposition of Certain Receipts.--
(1) Payment to secretary of the army.--The cash payment
required by subsection (f)(4)(A) shall be paid to the Secretary
of the Army, and shall be availability to the Secretary of the
Army, without further appropriation and until expended, for any
purposes authorized under existing law.
(2) Payment to secretary of agriculture.--The cash payments
required by subsections (f)(4)(B) and (f)(4)(C) shall be
deposited into the MNP Rental Fee Account established under
section 2915(c) of the Illinois Land Conservation Act of 1995
(title XXIX of Public Law 104-106; 110 Stat. 601), to be merged
with other funds in the MNP Rental Fee Account and availability
to the same extent and for the same purposes as other funds in
the MNP Rental Fee Account. Monies so deposited into the MNP
Rental Fee Account shall not be subject to transfer or
reprogramming for wildland fire management or any other purpose
(h) Environmental Cleanup.--
(1) Obligations and liabilities.--With respect to the lands
comprising the JTA, the Secretary of the Army shall have the
same obligations and liabilities for environmental clean up as
enumerated in sections 2912(c), 2912(d), and 2913 of the
Illinois Land Conservation Act of 1995 (title XXIX of Public
Law 104-106; 110 Stat. 597, 598).
(2) Preliminary assessment/site inspection.--Within 180
days after the date of the enactment of this Act, the Secretary
of the Army shall provide a Preliminary Assessment/Site
Inspection to the Secretary of Agriculture for the lands
comprising the JTA.
(3) Remediation plans.--Within 1 year after the date of the
enactment of this Act, the Secretary of the Army shall develop
and provide to the Secretary of Agriculture plans to remediate
the Recognized Environmental Conditions identified by the
Preliminary Assessment/Site Inspection.
(4) Completion of remediation.--Within 2 years after the
date of the enactment of this Act, the Secretary of the Army
shall certify to the Secretary of Agriculture that all
remediation activities have been completed.
(i) Records.--Within 1 year after the date of the enactment of this
Act, the Secretary of the Army shall transfer to the Secretary of
Agriculture all original records pertaining to land titles, surveys,
utilities, and other records pertaining to the JTA.
(j) Prairie Restoration Fund Amendment.--Section 2915(f) of the
Illinois Land Conservation Act of 1995 (title XXIX of Public Law 104-
106; 110 Stat. 602) is amended by striking the first two sentences and
inserting the following new sentences: ``Monies collected pursuant to
subsections (d) and (e), as well as any other monies collected or
received with regard to the MNP as may be provided by law, shall be
covered into the Treasury and constitute a special fund known as the
`Midewin National Tallgrass Prairie Restoration Fund' which funds shall
be available until expended, without further appropriation, for
purposes of or related to the Midewin National Tallgrass Prairie as
provided in section subsections (c), (d), and (e) of section 2914.
Monies deposited into the Fund shall not be subject to transfer or
reprogramming for wildland fire management or any other emergency
purpose unless specifically authorized by Congress.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committees on Agriculture, Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Armed Services, and in addition to the Committees on Agriculture, Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Armed Services, and in addition to the Committees on Agriculture, Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Armed Services, and in addition to the Committees on Agriculture, Transportation and Infrastructure, and Energy and Commerce, 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.
Referred to the Committee on Armed Services, and in addition to the Committees on Agriculture, Transportation and Infrastructure, and Energy and Commerce, 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.
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Referred to the Subcommittee on Environment and Hazardous Materials.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Readiness.