[Pages S4162-S4164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DESIGNATING THE ORVILLE WRIGHT FEDERAL BUILDING AND THE WILBUR WRIGHT
FEDERAL BUILDING IN WASHINGTON, DC

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TRANSFERRING FEDERAL LANDS BETWEEN THE SECRETARY OF AGRICULTURE AND THE
SECRETARY OF THE INTERIOR

Mr. CRAPO. Mr. President, I ask unanimous consent that the EPW
Committee be discharged from further consideration of H.R. 3118 and S.
1814, en bloc, and the Senate move to the consideration of these two
bills, en bloc.
Mr. REID. Mr. President, reserving the right to object, I am going to
let these matters go forward, but I have spoken personally with the
chairman of the EPW Committee, which has jurisdiction over these
matters. I have told him I am going to be very direct in my opposing
anything that comes out of the committee until we get something
resolved regarding a nomination of Gregg Jaczko, which has been sent
here from the White House. As I said, I am going to let this go. This
is fair warning to my distinguished chairman and friend, Senator
Inhofe. I am not going to let anything else move, period, until we get
a hearing date set on Gregg Jaczko. Here is a man who is a
distinguished scholar in physics; he worked in the Senate; he is a
Democrat, and we are entitled to have a Democrat on the Nuclear
Regulatory Commission. It has been sent here by the White House. That
doesn't happen very often.
I don't want this to be held up in committee. If it is, everything
will be held up in committee. With that, I have no objection.
The PRESIDING OFFICER. The clerk will state the bills by title.
The legislative clerk read as follows:

A bill (H.R. 3118) to designate the Orville Wright Federal
Building and the Wilbur Wright Federal Building in
Washington, District of Columbia.
A bill (S. 1814) to transfer Federal lands between the
Secretary of Agriculture and the Secretary of the Interior.

There being no objection, the Senate proceeded to consider the bills,
en bloc.

[[Page S4163]]

Mr. CRAPO. Mr. President, I ask unanimous consent that the bills be
read the third time and passed, the motions to reconsider be laid upon
the table, and that any statements relating thereto be printed in the
Record, en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 3118) was read the third time and passed.
The bill (S. 1814) was read the third time and passed, as follows:

S. 1814

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. PURPOSES AND DEFINITIONS.

(a) Purposes.--The purposes of this Act are--
(1) to transfer administrative jurisdiction of certain
Federal lands in Missouri from the Secretary of the Interior
to the Secretary of Agriculture for continued Federal
operation of the Mingo Job Corps Civilian Conservation
Center; and
(2) to not change the Secretary of Labor's role or
authority regarding this Job Corps Center.
(b) Definitions.--For the purposes of this Act--
(1) ``Center'' means the Mingo Job Corps Civilian
Conservation Center in Stoddard County, Missouri, referenced
in section 2(a) of this Act;
(2) ``eligible employee'' means a person who, as of the
date of enactment of this Act, is a full-time, part-time, or
intermittent annual or per hour permanent Federal Government
employee of the Fish and Wildlife Service at the Mingo Job
Corps Civilian Conservation Center, including the two fully
funded Washington Office Job Corps support staff;
(3) ``Environmental Authorities'' mean all applicable
Federal, State and local laws (including regulations) and
requirements related to protection of human health, natural
resources, or the environment, including but not limited to:
the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (42 U.S.C. 9601, et seq.); 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.); the Safe Drinking Water Act (42 U.S.C. 300f, et seq.);
and the National Environmental Policy Act of 1969 (42 U.S.C.
4321, et seq.);
(4) ``U.S. Fish and Wildlife Service'' means the United
States Fish and Wildlife Service as referenced at title 16,
United States Code, section 742b(b);
(5) ``Forest Service'' means the Department of Agriculture
Forest Service as established by the Secretary of Agriculture
pursuant to the authority of title 16, United States Code,
section 551;
(6) ``Job Corps'' means the national Job Corps program
established within the Department of Labor, as set forth in
the Workforce Investment Act of 1998, Public Law No. 105-220,
Sec. Sec. 141-161, 112 Stat. 1006-1021 (1998) (codified at 29
U.S.C. 2881-2901);
(7) ``National Forest System'' means that term as defined
at title 16, United States Code, section 1609(a); and
(8) ``National Wildlife Refuge System'' means that term as
defined at title 16, United States Code, section 668dd.

SEC. 2. TRANSFER OF ADMINISTRATION.

(a) Transfer of Center.--Administrative jurisdiction over
the Mingo Job Corps Civilian Conservation Center, comprising
approximately 87 acres in Stoddard County, Missouri, as
generally depicted on a map entitled ``Mingo National
Wildlife Refuge'', dated September 17, 2002, to be
precisely identified in accordance with subsection (c) of
this section, is hereby transferred, without
consideration, from the Secretary of the Interior to the
Secretary of Agriculture.
(b) Maps and Legal Descriptions.--
(1) The map referenced in this section shall be on file and
available for public inspection in the Office of the Chief,
Forest Service, Washington, DC, and in the office of the
Chief of Realty, U.S. Fish and Wildlife Service, Arlington,
Virginia.
(2) Not later than 180 days after the date of enactment of
this Act, the Secretary of the Interior, in consultation with
the Secretary of Agriculture, shall file a legal description
and map of all of the lands comprising the Center and being
transferred by section 2(a) of this Act with the Committee on
Resources of the United States House of Representatives and
the Committee on Environment and Public Works of the United
States Senate, and such description and map shall have the
same force and effect as if included in this Act, except that
the Secretary of the Interior may make typographical
corrections as necessary.
(c) Applicable Laws.--
(1) Subject to section 3, the Center transferred pursuant
to subsection (a) shall be administered by the Secretary of
Agriculture and shall be subject to the laws and regulations
applicable to the National Forest System.
(2) This transfer shall not conflict or interfere with any
laws and regulations applicable to Job Corps.

SEC. 3. IMPLEMENTATION OF TRANSFER.

(a) Reversion Requirement.--
(1) In the event that the Center is no longer used or
administered for Job Corps purposes, as concurred to by the
Secretary of Labor, the Secretary of Agriculture shall so
notify the Secretary of the Interior, and the Secretary of
the Interior shall have 180 days from the date of such notice
to exercise discretion to reassume jurisdiction over such
lands.
(2) The reversionary provisions of subsection (a) shall be
effected, without further action by the Congress, through a
Letter of Transfer executed by the Chief, Forest Service, and
the Director, United States Fish and Wildlife Service, and
with notice thereof published in the Federal Register within
60 days of the date of the Letter of Transfer.
(b) Authorizations.--
(1) In general.--A permit or other authorization granted by
the U.S. Fish and Wildlife Service on the Center that is in
effect on the date of enactment of this Act will continue
with the concurrence of the Forest Service.
(2) Reissuance.--A permit or authorization described in
paragraph (1) may be reissued or terminated under terms and
conditions prescribed by the Forest Service.
(3) Exercise of rights.--The Forest Service may exercise
any of the rights of the U.S. Fish and Wildlife Service
contained in any permit or other authorization, including any
right to amend, modify, and revoke the permit or
authorization.
(c) Contracts.--
(1) Existing contracts.--The Forest Service is authorized
to undertake all rights and obligations of the U.S. Fish and
Wildlife Service under contracts entered into by the U.S.
Fish and Wildlife Service on the Center that is in effect on
the date of enactment of this Act.
(2) Notice of novation.--The Forest Service shall promptly
notify all contractors that it is assuming the obligations of
the U.S. Fish and Wildlife Service under such contracts.
(3) Disputes.--Any contract disputes under the Contracts
Disputes Act (41 U.S.C. 601, et seq.) regarding the
administration of the Center and arising prior to the date of
enactment of this Act shall be the responsibility of the U.S.
Fish and Wildlife Service.
(d) Memorandum of Agreement.--
(1) In general.--The Chief, Forest Service, and the
Director, U.S. Fish and Wildlife Service, are authorized to
enter into a memorandum of agreement concerning
implementation of this Act, including procedures for--
(A) the orderly transfer of employees of the U.S. Fish and
Wildlife Service to the Forest Service;
(B) the transfer of property, fixtures, and facilities;
(C) the transfer of records;
(D) the maintenance and use of roads and trails; and
(E) other transfer issues.
(e) Agreements With the Secretary of Labor.--In the
operation of the Center, the Forest Service will undertake
the rights and obligations of the U.S. Fish and
Wildlife Service with respect to existing agreements with
the Secretary of Labor pursuant to Public Law 105-220 (29
U.S.C. 2887, et seq.), and the Forest Service will be the
responsible agency for any subsequent agreements or
amendments to existing agreements.
(f) Records.--
(1) Area management records.--The Forest Service shall have
access to all records of the U.S. Fish and Wildlife Service
pertaining to the management of the Center.
(2) Personnel records.--The personnel records of eligible
employees transferred pursuant to this Act, including the
Official Personnel Folder, Employee Performance File, and
other related files, shall be transferred to the Forest
Service.
(3) Land title records.--The U.S. Fish and Wildlife Service
shall provide to the Forest Service records pertaining to
land titles, surveys, and other records pertaining to
transferred real property and facilities.
(g) Transfer of Personal Property.--
(1) In general.--All federally owned personal property
present at the Center is hereby transferred without
consideration to the jurisdiction of the Forest Service,
except that with regard to personal property acquired by the
Fish and Wildlife Service using funds provided by the
Department of Labor under the Job Corps program, the Forest
Service shall dispose of any such property in accordance with
the procedures stated in section 7(e) of the 1989 Interagency
Agreement for Administration of Job Corps Civilian
Conservation Center Program, as amended, between the
Department of Labor and the Department of the Interior.
(2) Inventory.--Not later than 60 days after the date of
enactment of this Act, the U.S. Fish and Wildlife Service
shall provide the Forest Service with an inventory of all
property and facilities at the Center.
(3) Property included.--Property under this subsection
includes, but is not limited to, buildings, office furniture
and supplies, computers, office equipment, vehicles, tools,
equipment, maintenance supplies, and publications.
(4) Exclusion of property.--At the request of the
authorized representative of the U.S. Fish and Wildlife
Service, the Forest Service may exclude movable property from
transfer based on a showing by the U.S. Fish and Wildlife
Service that the property is needed for the mission of the
U.S. Fish and Wildlife Service, cannot be replaced in a cost-
effective manner, and is not needed for management of the
Center.

[[Page S4164]]

SEC. 4. COMPLIANCE WITH ENVIRONMENTAL AUTHORITIES.

(a) Documentation of Existing Conditions.--
(1) In general.--Within 60 days after the date of enactment
of this Act, the U.S. Fish and Wildlife Service shall provide
the Forest Service and the Office of Job Corps, Employment
and Training Administration, Department of Labor, all
reasonably ascertainable documentation and information that
exists on the environmental condition of the land comprising
the Center.
(2) Additional documentation.--The U.S. Fish and Wildlife
Service shall provide the Forest Service and the Office of
Job Corps, Employment and Training Administration, Department
of Labor, with any additional documentation and information
regarding the environmental condition of the Center as such
documentation and information becomes available.
(b) Actions Required.--
(1) Assessment.--Within 120 days after the date of
enactment of this Act, the U.S. Fish and Wildlife Service
shall provide the Forest Service and the Office of Job Corps,
Employment and Training Administration, Department of Labor,
an assessment, consistent with ASTM Standard E1527,
indicating what action, if any, is required on the Center
under any Environmental Authorities.
(2) Memorandum of agreement.--If the findings of the
environmental assessment indicate that action is required
under applicable Environmental Authorities with respect to
any portion of the Center, the Forest Service and the U.S.
Fish and Wildlife Service shall enter into a memorandum of
agreement that--
(A) provides for the performance by the U.S. Fish and
Wildlife Service of the required actions identified in the
environmental assessment; and
(B) includes a schedule for the timely completion of the
required actions to be taken as agreed to by U.S. Fish and
Wildlife Service and Forest Service.
(c) Documentation of Actions.--After a mutually agreeable
amount of time following completion of the environmental
assessment, but not exceeding 180 days from such completion,
the U.S. Fish and Wildlife Service shall provide the Forest
Service and the Office of Job Corps, Employment and Training
Administration, Department of Labor, with documentation
demonstrating that all actions required under applicable
Environmental Authorities have been taken that are necessary
to protect human health and the environment with respect to
any hazardous substance, pollutant, contaminant, hazardous
waste, hazardous material, or petroleum product or derivative
of a petroleum product on the Center.
(d) Continuation of Responsibilities and Liabilities.--
(1) In general.--The transfer of the Center and the
requirements of this section shall not in any way affect the
responsibilities and liabilities of the U.S. Fish and
Wildlife Service at the Center under any applicable
Environmental Authorities.
(2) Access.--At all times after the date of enactment of
this Act, the U.S. Fish and Wildlife Service and its agents
shall be accorded any access to the Center that may be
reasonably required to carry out the responsibility or
satisfy the liability referred to in paragraph (1).
(3) No liability.--The Forest Service shall not be liable
under any applicable Environmental Authorities for matters
that are related directly or indirectly to activities of the
U.S. Fish and Wildlife Service or the Department of Labor on
the Center occurring on or before the date of enactment of
this Act, including liability for--
(A) costs or performance of response actions required under
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601, et seq.) at or related
to the Center; or
(B) costs, penalties, fines, or performance of actions
related to noncompliance with applicable Environmental
Authorities at or related to the Center or related to the
presence, release, or threat of release of any hazardous
substance, pollutant, or contaminant, hazardous waste,
hazardous material, or petroleum product or derivative of a
petroleum product of any kind at or related to the Center,
including contamination resulting from migration.
(4) No effect on responsibilities or liabilities.--Except
as provided in paragraph (3), nothing in this title affects,
modifies, amends, repeals, alters, limits or otherwise
changes, directly or indirectly, the responsibilities or
liabilities under applicable Environmental Authorities with
respect to the Forest Service after the date of enactment of
this Act.
(e) Other Federal Agencies.--Subject to the other
provisions of this section, a Federal agency that carried or
carries out operations at the Center resulting in the
violation of an environmental authority shall be responsible
for all costs associated with corrective actions and
subsequent remediation.

SEC. 5. PERSONNEL.

(a) In General.--
(1) Employment.--Notwithstanding section 3503 of title 5,
United States Code, the Forest Service will accept the
transfer of eligible employees at their current pay and grade
levels to administer the Center as of the date of enactment
of this Act.
(b) Transfer-Appointment in the Forest Service.--Eligible
employees will transfer, without a break in Federal service
and without competition, from the Department of the Interior,
U.S. Fish and Wildlife Service, to the Department of
Agriculture, Forest Service, upon an agreed date by both
agencies.
(c) Employee Benefit Transition.--Employees of the U.S.
Fish and Wildlife Service who transfer to the Forest
Service--
(1) shall retain all benefits and/or eligibility for
benefits of Federal employment without interruption in
coverage or reduction in coverage, including those pertaining
to any retirement, Thrift Savings Plan (TSP), Federal
Employee Health Benefit (FEHB), Federal Employee Group Life
Insurance (FEGLI), leave, or other employee benefits;
(2) shall retain their existing status with respect to the
Civil Service Retirement System (CSRS) or the Federal
Employees Retirement System (FERS);
(3) shall be entitled to carry over any leave time
accumulated during their Federal Government employment;
(4) shall retain their existing level of competitive
employment status and tenure; and
(5) shall retain their existing GM, GS, or WG grade level
and pay.

SEC. 6. IMPLEMENTATION COSTS AND APPROPRIATIONS.

(a) The U.S. Fish and Wildlife Service and the Forest
Service will cover their own costs in implementing this Act.
(b) There is hereby authorized to be appropriated such sums
as may be necessary to carry out this Act.

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