[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 689 Reported in Senate (RS)]
Calendar No. 295
111th CONGRESS
2d Session
H. R. 689
[Report No. 111-145]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 3, 2009
Received; read twice and referred to the Committee on Energy and
Natural Resources
March 2, 2010
Reported by Mr. Bingaman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To interchange the administrative jurisdiction of certain Federal lands
between the Forest Service and the Bureau of Land Management, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. INTERCHANGE OF LANDS TO THE BUREAU OF LAND
MANAGEMENT.</DELETED>
<DELETED> (a) Interchange.--Effective on the date of the enactment
of this Act, administrative jurisdiction of the federally owned lands
described in subsection (b) is transferred from the Secretary of
Agriculture to the Secretary of the Interior to be subject to the laws,
rules, and regulations applicable to the public lands administered by
the Bureau of Land Management (hereafter in this Act referred to as the
``BLM'').</DELETED>
<DELETED> (b) Lands Affected.--Except as provided in subsection (c),
the lands transferred to the administration of the Secretary of the
Interior, through the BLM, under subsection (a) are those heretofore
within the Shasta-Trinity National Forest in California, Mount Diablo
Meridian, as shown on the map titled ``H.R. 689, Transfer from Forest
Service to BLM, Map 1'', dated April 21, 2009.</DELETED>
<DELETED> (c) Excepted Lands.--Excepted from the transfer under this
section are those lands within the Shasta Dam Reclamation Zone which
shall continue to be administered by the Secretary of the Interior
through the Bureau of Reclamation.</DELETED>
<DELETED>SEC. 2. INTERCHANGE OF LANDS TO THE FOREST SERVICE.</DELETED>
<DELETED> (a) Interchange.--Effective on the date of the enactment
of this Act, administrative jurisdiction of the federally owned lands
described in subsection (b) is transferred from the Secretary of the
Interior to the Secretary of Agriculture to be subject to the laws,
rules, and regulations applicable to the National Forest System. Such
lands are hereby withdrawn from the public domain and reserved for
administration as part of the Shasta-Trinity National Forest.</DELETED>
<DELETED> (b) Lands Affected.--The lands transferred to the
administration of the Secretary of Agriculture, through the Forest
Service, under subsection (a), are those heretofore administered by the
BLM in California, Mount Diablo Meridian, as shown on the map titled
``H.R. 689, Transfer from BLM to Forest Service, Map 2'', dated April
21, 2009.</DELETED>
<DELETED> (c) Wilderness Administration.--The transfer of
administrative jurisdiction from the BLM to the Forest Service of
certain lands previously designated as part of the Trinity Alps
Wilderness shall not affect the wilderness status of such
lands.</DELETED>
<DELETED> (d) Land and Water Conservation Fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9), the boundaries of the Shasta-Trinity National Forest,
as adjusted pursuant to this Act, shall be considered the boundaries of
that national forest as of January 1, 1965.</DELETED>
<DELETED>SEC. 3. EXISTING RIGHTS AND AUTHORIZATIONS.</DELETED>
<DELETED> Nothing in this Act shall affect any valid existing
rights, nor affect the validity or term and conditions of any existing
withdrawal, right-of-way, easement, lease, license or permit on lands
transferred by this Act, except that any such authorization shall be
administered by the agency having jurisdiction of the land after the
enactment of this Act in accordance with applicable law. Reissuance of
any such authorization shall be in accordance with applicable law and
regulations of the agency having jurisdiction.</DELETED>
<DELETED>SEC. 4. HAZARDOUS SUBSTANCES.</DELETED>
<DELETED> (a) Notice.--The Forest Service for lands described in
section 1, and the BLM for lands described in section 2, shall identify
any known sites containing hazardous substances and provide such
information to the receiving agency.</DELETED>
<DELETED> (b) Clean up Obligations.--The clean up of hazardous
substances on lands transferred by this Act shall be the responsibility
of the agency having jurisdiction over the lands on the day before the
date of the enactment of this Act.</DELETED>
<DELETED>SEC. 5. CORRECTIONS.</DELETED>
<DELETED> (a) Minor Adjustments.--The Director of the BLM and the
Chief of the Forest Service, may, by mutual agreement, effect minor
corrections and adjustments to the interchange provided for in this Act
to facilitate land management, including survey.</DELETED>
<DELETED> (b) Publications.--Any corrections or adjustments made
under subsection (a) shall be effective upon publication of a notice in
the Federal Register.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shasta-Trinity National Forest
Administrative Jurisdiction Transfer Act''.
SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE BUREAU OF LAND
MANAGEMENT.
(a) In General.--Administrative jurisdiction over the Federal land
described in subsection (b) is transferred from the Secretary of
Agriculture to the Secretary of the Interior.
(b) Description of Land.--The Federal land referred to in
subsection (a) is the land within the Shasta-Trinity National Forest in
California, Mount Diablo Meridian, as generally depicted on the map
entitled ``Shasta-Trinity Administrative Jurisdiction Transfer:
Transfer from Forest Service to BLM, Map 1'' and dated November 23,
2009.
(c) Management and Status of Transferred Land.--The Federal land
described in subsection (b) shall be administered in accordance with--
(1) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.); and
(2) any other applicable law (including regulations).
SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE FOREST SERVICE.
(a) In General.--Administrative jurisdiction over the Federal land
described in subsection (b) is transferred from the Secretary of the
Interior to the Secretary of Agriculture.
(b) Description of Land.--The Federal land referred to in
subsection (a) is the land administered by the Director of the Bureau
of Land Management in the Mount Diablo Meridian, California, as
generally depicted on the map entitled ``Shasta-Trinity Administrative
Jurisdiction Transfer: Transfer from BLM to Forest Service, Map 2'' and
dated November 23, 2009.
(c) Management and Status of Transferred Land.--
(1) In general.--The Federal land described in subsection
(b) shall be--
(A) withdrawn from the public domain;
(B) reserved for administration as part of the
Shasta-Trinity National Forest; and
(C) managed in accordance with the laws (including
the regulations) generally applicable to the National
Forest System.
(2) Wilderness administration.--The land transferred to the
Secretary of Agriculture under subsection (a) that is within
the Trinity Alps Wilderness shall--
(A) not affect the wilderness status of the
transferred land; and
(B) be administered in accordance with--
(i) this section;
(ii) the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(iii) the California Wilderness Act of 1984
(16 U.S.C. 1132 note; Public Law 98-425).
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Corrections.--
(1) Minor adjustments.--The Secretary of Agriculture and
the Secretary of the Interior may, by mutual agreement, make
minor corrections and adjustments to the transfers under this
Act to facilitate land management, including corrections and
adjustments to any applicable surveys.
(2) Publications.--Any corrections or adjustments made
under subsection (a) shall be effective on the date of
publication of a notice of the corrections or adjustments in
the Federal Register.
(b) Hazardous Substances.--
(1) Notice.--The Secretary of Agriculture and the Secretary
of the Interior shall, with respect to the land described in
sections 2(b) and 3(b), respectively--
(A) identify any known sites containing hazardous
substances; and
(B) provide to the head of the Federal agency to
which the land is being transferred notice of any sites
identified under subparagraph (A).
(2) Cleanup obligations.--To the same extent as on the day
before the date of enactment of this Act, with respect to any
Federal liability--
(A) the Secretary of Agriculture shall remain
responsible for any cleanup of hazardous substances on
the Federal land described in section 2(b); and
(B) the Secretary of the Interior shall remain
responsible for any cleanup of hazardous substances on
the Federal land described in section 3(b).
(c) Effect on Existing Rights and Authorizations.--Nothing in this
Act affects--
(1) any valid existing rights; or
(2) the validity or term and conditions of any existing
withdrawal, right-of-way, easement, lease, license, or permit
on the land to which administrative jurisdiction is transferred
under this Act, except that beginning on the date of enactment
of this Act, the head of the agency to which administrative
jurisdiction over the land is transferred shall be responsible
for administering the interests or authorizations (including
reissuing the interests or authorizations in accordance with
applicable law).
Calendar No. 295
111th CONGRESS
2d Session
H. R. 689
[Report No. 111-145]
_______________________________________________________________________
AN ACT
To interchange the administrative jurisdiction of certain Federal lands
between the Forest Service and the Bureau of Land Management, and for
other purposes.
_______________________________________________________________________
March 2, 2010
Reported with an amendment