[House Report 111-108]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-108
======================================================================
TO INTERCHANGE THE ADMINISTRATIVE JURISDICTION OF CERTAIN FEDERAL LANDS
BETWEEN THE FOREST SERVICE AND THE BUREAU OF LAND MANAGEMENT, AND FOR
OTHER PURPOSES
_______
May 14, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 689]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
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, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. INTERCHANGE OF LANDS TO THE BUREAU OF LAND MANAGEMENT.
(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'').
(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.
(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.
SEC. 2. INTERCHANGE OF LANDS TO THE FOREST SERVICE.
(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.
(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.
(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.
(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.
SEC. 3. EXISTING RIGHTS AND AUTHORIZATIONS.
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.
SEC. 4. HAZARDOUS SUBSTANCES.
(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.
(b) Cleanup Obligations.--The cleanup 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.
SEC. 5. CORRECTIONS.
(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.
(b) Publications.--Any corrections or adjustments made under
subsection (a) shall be effective upon publication of a notice in the
Federal Register.
PURPOSE OF THE BILL
The purpose of H.R. 689 is to interchange the
administrative jurisdiction of certain Federal lands between
the Forest Service and the Bureau of Land Management, and for
other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 689 would authorize the interchange of lands
administered by the Secretary of Agriculture, through the
Forest Service (FS), with lands administered by the Secretary
of the Interior, through the Bureau of Land Management (BLM) in
the State of California.
The purpose of the exchange is to ease problems that off-
highway vehicle (OHV) users are having regarding OHV use on the
Trinity-Shasta National Forest and adjacent public lands. Due
to the ``patchwork'' nature of the federal lands in that area,
OHV permitting is currently split between the BLM and the FS,
and thus OHV users have to deal with two agencies, and
conflicting regulations on OHV use, when trying to obtain a
permit. Upon enactment of this exchange into law, OHV use in
the area will be consolidated on BLM-administered public lands
and users will need only obtain permits from the BLM.
COMMITTEE ACTION
H.R. 689 was introduced on January 26, 2009 by
Representative Herger (R-CA). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. At a
hearing before the Subcommittee on March 24, 2009, the
Administration testified in support of the bill.
On April 29, 2009, the Full Natural Resources Committee met
to consider the bill. The Subcommittee was discharged from
further consideration of H.R. 689. Subcommittee Chairman
Grijalva offered an amendment in the nature of a substitute and
it was agreed to by unanimous consent. The bill was then
favorably reported to the House of Representatives, as amended,
by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Interchange of Lands to the Bureau of Land Management
Subsection (a) transfers administrative control of the
lands described in subsection (b) from the Secretary of
Agriculture to the Secretary of the Interior. The laws, rules,
and regulations that apply to all public lands managed by the
BLM would apply to the newly transferred lands.
Subsection (b) describes the lands to be transferred as
those located in the Shasta-Trinity National Forest,
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.
Subsection (c) states that lands within the Shasta Dam
Reclamation Zone will not be transferred and would continue to
be administered by the Secretary of the Interior through the
Bureau of Reclamation.
Section 2. Interchange of Lands to the Forest Service
Subsection (a) transfers administrative control of the
lands described in subsection (b) from the Secretary of the
Interior to the Secretary of Agriculture. The laws, rules, and
regulations that apply to the National Forest System would
apply to the newly transferred lands. It also provides that the
transferred lands will be withdrawn from the public domain.
Subsection (b) describes the lands to be transferred as
those currently managed 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.
Subsection (c) states that lands transferred that were
previously designated as part of the Trinity Alps Wilderness
will maintain their wilderness status.
Subsection (d) provides that the lands added to the Shasta-
Trinity National Forest will for purposes of section 7 of the
Land and Water Conservation Fund Act of 1965, be considered the
boundaries of the National Forest as of January 1, 1965.
Section 3. Existing Rights and Authorizations
Section 3 states that nothing in this Act would affect
valid existing rights or any existing withdrawals, rights-of-
way, easements, leases, licenses, or permits. However, those
existing rights and authorizations for the lands transferred
within this Act would be administered by the agency in control
of the lands as a result of this Act.
Section 4. Hazardous Substances
Subsection (a) requires that the Forest Service and the BLM
reveal any information about hazardous substances contained on
the lands being transferred to each agency.
Subsection (b) provides that the agency with jurisdiction
over the lands transferred in this Act prior to this Act going
into effect is responsible for cleanup of any hazardous
substances, even once the Act goes into effect.
Section 5. Corrections
Subsection (a) allows the Director of the BLM and the Chief
of the Forest Service to make minor adjustments to the
interchange authorized by this Act, provided there is agreement
between the two agencies.
Subsection (b) states that any such adjustments go into
effect once they are published in the Federal Register.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of
Rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of Rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of Rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of Rule XIII, the general performance goal or
objective of this bill is to interchange the administrative
jurisdiction of certain Federal lands between the Forest
Service and the Bureau of Land Management.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of Rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 689--A bill to interchange the administrative jurisdiction of
certain federal lands between the Forest Service and the Bureau
of Land Management
H.R. 689 would transfer administrative jurisdiction of
certain lands between the Bureau of Land Management (BLM) and
the Forest Service. Based on information provided by the
agencies, CBO estimates that enacting the legislation would
have no significant effect on the federal budget and would not
affect revenues or direct spending.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
Under H.R. 689, BLM would assume responsibility for nearly
12,000 acres of land currently administered by the Forest
Service. The Forest Service would simultaneously receive about
5,000 acres of land from BLM. The lands affected by the
transfer, all of which are in northern California, are already
owned by the federal government and would continue to be
subject to federal regulations and land-use plans.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 689 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.