II 111th CONGRESS 1st Session S. 1328 IN THE SENATE OF THE UNITED STATES June 23, 2009 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the exchange of administrative jurisdiction over certain Federal land between the Forest Service and the Bureau of Land Management, and for other purposes.

1.

Short title

This Act may be cited as the Shasta-Trinity National Forest Administrative Jurisdiction Transfer Act.

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 Chief of the Forest Service (referred to in this Act as the Chief) to the Director of the Bureau of Land Management (referred to in this Act as the Director), to be administered by the Director, subject to the laws (including regulations) applicable to land administered by the Director. (b)

Description of land

(1)

In general

The Federal land referred to in subsection (a) is the land within the Shasta-Trinity National Forest in California, Mount Diablo Meridian, as depicted on the map entitled H.R. 689, Transfer from Forest Service to BLM, Map 1 and dated April 21, 2009. (2)

Exclusion

The land within the Shasta Dam Reclamation Zone shall— (A)be excluded from the transfer of administrative jurisdiction under subsection (a); and (B)continue to be administered by the Secretary of the Interior (acting through the Commissioner of Reclamation).

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 Director to the Chief, to be administered by the Chief, subject to the laws (including regulations) applicable to National Forest System land. (b)

Description of land

The Federal land referred to in subsection (a) is the land administered by the Director in the Mount Diablo Meridian, California, as depicted on the map entitled H.R. 689, Transfer from BLM to Forest Service, Map 2 and dated April 21, 2009. (c)

Withdrawal

The Federal land described in subsection (b) is— (1)withdrawn from the public domain; and (2)reserved for administration as part of the Shasta-Trinity National Forest. (d)

Wilderness administration

The transfer of administrative jurisdiction from the Director to the Chief of certain land previously designated as part of the Trinity Alps Wilderness shall not affect the wilderness status of the wilderness land. (e)

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 under this section, shall be considered to be the boundaries of the Shasta-Trinity National Forest as of January 1, 1965.

4.

Administrative provisions

(a)

Corrections

(1)

Minor adjustments

The Director and the Chief, 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 Chief and Director 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

The cleanup of hazardous substances on land to which administrative jurisdiction is transferred by this Act shall be the responsibility of the head of the agency with jurisdiction over the affected land on the day before the date of enactment of this Act. (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).