[Congressional Record Volume 155, Number 95 (Tuesday, June 23, 2009)]
[Senate]
[Page S6945]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 1328. 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; to the Committee 
on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and Senator 
Boxer to introduce legislation to improve the administration of 
Chappie-Shasta Off-Highway Vehicle area by reducing unnecessary 
bureaucracy and aiding in proper enjoyment of these Federal lands.
  This bill is simple. It interchanges the administrative jurisdiction 
of certain Federal lands between the Forest Service and the Bureau of 
Land Management in Shasta-Trinity National Forest in California.
  This legislation consolidates BLM's jurisdiction and management of 
the Off-Highway-Vehicle area while, in exchange, the Forest Service 
benefits by receiving small tracts of wilderness areas that are 
currently managed by the BLM but are contiguous to Forest Service land.
  This exchange only affects land already controlled by the Federal 
government and will not change the designation of these lands. 
Furthermore, it will be beneficial to the local community which has 
supported this jurisdictional change.
  These Federal lands, near Redding, California, have long been used by 
off-highway-vehicle enthusiasts. However, overlapped management of 
these areas by both the Forest Service and the Bureau of Land 
Management has caused unnecessary burden to these recreational 
opportunities.
  It means users need two permits, often at substantial and unnecessary 
cost. Likewise, the overlapping management has resulted in different 
opening dates for the same area of land, frustrating the local off-
highway-vehicle community and the thousands of tourists who travel 
there every year.
  This jurisdictional exchange will reduce bureaucracy to ease 
recreational access as well as provide for better Federal management of 
these areas.
  The bill was developed in a collaborative manner, with input and 
agreement at the local level by the Forest Service and BLM, in 
conjunction with the local off-highway-vehicle community. The bill is 
also supported by the local community and the County Board of 
Supervisors.
  This effort represents a sensible, common sense approach to problem 
solving and better government.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1328

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

     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 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).

     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 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.

     SEC. 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).
                                 ______