[Congressional Record Volume 156, Number 103 (Tuesday, July 13, 2010)]
[House]
[Pages H5514-H5515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SHASTA-TRINITY NATIONAL FOREST ADMINISTRATIVE JURISDICTION TRANSFER ACT
Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 689) to interchange the
administrative jurisdiction of certain Federal lands between the Forest
Service and the Bureau of Land Management, and for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
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(A) withdrawn from the public domain;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.
[[Page H5515]]
(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).
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Guam (Ms. Bordallo) and the gentlewoman from Wyoming (Mrs. Lummis) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Guam.
General Leave
Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Guam?
There was no objection.
Ms. BORDALLO. Mr. Speaker, H.R. 689 was introduced by our colleague
from California, Representative Herger. The bill authorizes an
interchange of land between the Forest Service and the Bureau of Land
Management. The specific lands are located within the Shasta-Trinity
National Forest and on adjacent public lands in northern California.
The purpose of the interchange is to ease problems that off-highway
vehicle users are having with permitting. The administration supports
this legislation.
H.R. 689 originally passed the House by voice vote on June 2, 2009.
The Senate has amended the House-passed version of the bill to clarify
the hazardous substance cleanup responsibilities of each agency.
Mr. Speaker, we support passage of this measure with the Senate
amendment.
I reserve the balance of my time.
Mrs. LUMMIS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to commend Congressman Herger for his excellent
work on this legislation. Working closely with many constituents who
enjoy outdoor recreation, Congressman Herger developed this bill
allowing Forest Service and Bureau of Land Management officials to
better manage a complex mix of administrative jurisdictions in Shasta
County. This legislation will not only help both agencies, but will
also greatly benefit the many families who enjoy wholesome outdoor
recreation in the area, especially the many off-highway vehicle users
who have been using this area for generations. Not surprisingly, the
bill has widespread support among the local OHV users.
It is a rare feat to have two separate Federal agencies and the
public all agreeing that a particular piece of legislation is worthy of
praise. Congressman Herger should be congratulated for this win-win
legislation.
Mr. HERGER. Mr. Speaker, I strongly support passage of H.R. 689. This
legislation is the result of a collaborative and bipartisan effort to
limit government bureaucracy and improve the management of federal
lands in Northern California. For years, many of my constituents raised
concerns over difficulties in dealing with two federal agencies in
order to use the Chappie-Shasta Off-Highway Vehicle Area in Shasta
County, California. Though the Bureau of Land Management has managed
the majority of this area, Forest Service holdings within the area have
led to such issues as duplicative permitting and even different opening
dates for the same area. This situation has led to increasing
frustration from thousands of users who come from across California and
elsewhere to enjoy this OHV area.
This simple legislation provides a commonsense solution by allowing
the BLM to consolidate the OHV area while the Forest Service will
benefit by receiving jurisdiction over small tracts of BLM land that
are already contiguous to the Shasta-Trinity National Forest.
This bill first passed the House by unanimous consent, and after a
few technical changes, again received unanimous support from the
Senate. Concurrence with the Senate's changes will finally allow for
more efficient management of the Chappie-Shasta OHV Area and greater
enjoyment of its users. This legislation represents a win-win for
taxpayers and their enjoyment of our federal lands. I thank Senators
Feinstein and Boxer for their work in supporting this effort and I urge
my colleagues to support it as well.
Mrs. LUMMIS. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Ms. BORDALLO. Mr. Speaker, I again urge Members to support the bill.
I have no further requests for time, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules
and concur in the Senate amendment to the bill, H.R. 689.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendment was concurred in.
A motion to reconsider was laid on the table.
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