[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