legislation: 103-s-2398
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 103-s-2398 | 103 | s | 2398 | Illinois Land Conservation Act of 1994 | Public Lands and Natural Resources | 1994-08-16 | 1994-08-16 | Read twice and referred to the Committee on Armed Services. | Senate | Sen. Simon, Paul [D-IL] | IL | D | S000423 | 1 | Illinois Land Conservation Act of 1994 - Ratifies the proposals identified by the land use plan which was developed by the Joliet Arsenal Citizen Planning Commission and approved on April 8, 1994. Transfers to the Secretary of Agriculture, without reimbursement, portions of the Joliet Army Ammunition Plant in Illinois (Arsenal) to constitute the Midewin National Tallgrass Prairie (MNTP) established by this Act. Declares that this Act does not change the responsibilities or liabilities of persons under applicable environmental laws except that the Secretary shall not be liable or responsible for contamination resulting from or related to the condition of the property existing before such transfer, such as migration of hazardous substances, pollutants, contaminants, or petroleum products or their derivatives disposed during the Department of the Army activities. Makes the Secretary of the Army responsible for the upkeep and maintenance of all fences, guardhouses, and other security facilities and personnel costs on all portions of the Arsenal that have not been transferred to the Secretary. Authorizes the Secretaries and the Administrator to individually and collectively enter into cooperative agreements and memoranda of understanding among each other and with other affected Federal, State, and local governments, private organizations, and corporations to implement this Act and to carry out the purposes for which the MNTP is established. Transfers jurisdiction to the Secretary over those portions of the Arsenal property identified for transfer within six months of enactment of this Act. Requires the Secretary of the Army to retain jurisdiction, authority, control over real property at the Arsenal to be used for environmental cleanup purposes. (Sec. 3) Requires the Secretary of the Army, with respect to the real property at the Arsenal, to remain liable for and to continue to carry out: (1) all response actions required under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and other applicable provisions of law at or related to the property; and (2) all actions required under any other applicable law to remediate petroleum products or their derivatives. Prohibits such liabilities and responsibilities from being transferred to the Secretary. Makes the Secretary responsible and liable only to the extent of any other contamination affirmatively introduced into the environment at the Arsenal by the Secretary or the Department of Agriculture. Requires 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 to pay the cost of related response actions or related actions under other statutes to remediate petroleum products of ther derivatives. (Sec. 4) Requires the MNTP to be managed for National Forest purposes. Prohibits new construction of any highway, public road, or any part of the interstate system through or across any portion of the MNTP. Permits: (1) construction and maintenance of roads for use within the MNTP; and (2) granting of authorizations for utility rights-of-way under applicable Federal law or such access as is necessary (including access by the Secretary of the Arny for purposes of restoration and cleanup as provided in this Act). Sets forth provisions relating to MNTP agricultural leases, special land use authorizations, and admission, occupancy, and use fees with the exception of persons possessing a valid Golden Eagle Passport or Golden Age Passport. Establishes the MNTP Restoration Fund for restoration and administration of the MNTP. (Sec. 5) Designates specified areas of real property at the Arsenal for industrial development, a national veterans cemetery, and a country landfill. Requires: (1) the Secretary of the Army, within six months of satisfying all cleanup and other CERCLA requirements, to offer the Secretary the transer of specified areas, without reimbursement, to be added to the MNTP, subject to the terms, conditions, and limitations on liability contained in this Act; and (2) if the Secretary declines such offer, the property to be disposed of as surplus property. Declares that: (1) nothing in this Act shall be construed to restrict or lessen the degree of cleanup required to be carried out under applicable law at the property designated for disposal; and (2) such disposal shall be in compliance with specified provisions of CERCLA and other applicable laws. | 2025-08-26T13:52:04Z |