[Senate Report 111-145]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 295
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-145

======================================================================



 
SHASTA-TRINITY NATIONAL FOREST ADMINISTRATIVE JURISDICTION TRANSFER ACT

                                _______
                                

                 March 2, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 689]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (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, reports favorably thereon 
with an amendment and recommends that the Act, as amended, do 
pass.
    The amendment is as follows:
      Strike all after the enacting clause and insert the 
following:

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).

                                PURPOSE

    The purpose of H.R. 689 is to interchange administrative 
jurisdiction over certain Federal lands between the Forest 
Service and the Bureau of Land Management.

                          BACKGROUND AND NEED

    The Chappie-Shasta Off-Highway Vehicle Area is a popular 
area for off-highway vehicle (OHV) recreation near Redding, 
California. It offers some 200 miles of roads and trails on 
approximately 56,000 acres of land administered by three 
different agencies--25,000 acres by Bureau of Land Management 
(BLM) land, 11,760 acres by the Forest Service, and the 
remainder administered by the Bureau of Reclamation or in 
private ownership. The mixed Federal ownership of the Chappie-
Shasta Off-Highway Vehicle Area has at times complicated the 
administration of the Area for both the agencies and the 
public. At the same time, the BLM administers a parcel of land 
in a nearby wilderness area--the Trinity Alps Wilderness--that 
is primarily managed by the Forest Service.
    H.R. 689 would consolidate a significant portion of the 
Chappie-Shasta Off-Highway Vehicle Area under BLM management by 
transferring administrative jurisdiction over approximately 
11,760 acres of land from the Forest Service to the BLM. The 
Act also would transfer administrative jurisdiction over 3 
parcels of BLM land totaling approximately 5,000 acres that are 
within or adjacent to the Shasta-Trinity National Forest to the 
Forest Service, including a parcel of approximately 4,830 acres 
that would unify the Trinity Alps Wilderness under Forest 
Service administration.

                          LEGISLATIVE HISTORY

    H.R. 689 was introduced by Representative Wally Herger on 
January 26, 2009. The House of Representatives passed H.R. 689 
by a voice vote on June 2, 2009. Senators Feinstein and Boxer 
introduced a similar bill, S. 1328, on June 23, 2009.
    The Subcommittee on Public Lands and Forests held a hearing 
on H.R. 689 and S. 1328 on October 29, 2009. At its business 
meeting on December 16, 2009, the Committee on Energy and 
Natural Resources ordered H.R. 689 favorably reported with an 
amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on December 16, 2009, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 689, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 689, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
includes a number of technical amendments (including to the 
referenced maps), deletions of some unnecessary provisions, and 
a revision of the provision concerning the hazardous waste 
cleanup obligations of the agencies. The amendment is explained 
in detail in the section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Shasta-Trinity 
National Forest Administrative Jurisdiction Transfer Act.''
    Section 2 transfers administrative jurisdiction over 
approximately 11,760 acres of land, as generally depicted on 
the referenced map, from the Forest Service to the BLM.
    Section 3 transfers administrative jurisdiction over 3 
parcels totaling approximately 5,000 acres, as generally 
depicted on the referenced map, from the BLM to the Forest 
Service. Paragraph (2) of subsection (c) simply clarifies that 
the parcel of land that is within the Trinity Alps Wilderness 
would remain part of that wilderness area to be administered as 
wilderness by the Forest Service.
    Section 4(a) authorizes the Secretaries to make minor 
corrections and adjustments to the land transfers made by the 
Act.
    Subsection (b) requires the Secretaries to identify any 
known sites on the lands to be transferred that contain a 
hazardous substance. Paragraph (2) provides that each agency 
shall retain liability--if any--for cleaning up any hazardous 
wastes on the lands they transfer to the same extent as before 
the transfer. The provision does not enlarge or diminish the 
existing liability, if any, of either agency or any other 
responsible party.
    Subsection (c) provides that the transfer does not affect 
valid existing rights and that the terms and conditions of any 
existing withdrawal, right-of-way, easement, lease, license, or 
permit on transferred land would be unaffected, except that the 
administration of any withdrawal, right-of-way, easement, 
lease, license, or permit would be transferred to the new 
agency. The new agency would administer them in accordance with 
the laws applicable to the new agency.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 689--Shasta-Trinity National Forest Administrative Jurisdiction 
        Transfer Act

    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 direct spending or revenues.
    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.
    On May 5, 2009, CBO transmitted a cost estimate for H.R. 
689, as ordered reported by the House Committee on Natural 
Resources on April 29, 2009. The two versions of the 
legislation are similar, and our cost estimates are the same.
    The CBO staff contacts for this estimate are Deborah Reis 
and Daniel Hoople. The estimate was approved by Theresa Gullo, 
Deputy Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 689.
    The Act is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 689, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 689, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of Agriculture and 
the Department of the Interior at the subcommittee hearing on 
H.R. 689 on October 29, 2009 follows:

Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest 
                   Service, Department of Agriculture

    Mr. Chairman, Ranking Member Barrasso, and Members of the 
Subcommittee, I appreciate the opportunity to appear before you 
today to provide the Department of Agriculture's views on S. 
1328, regarding the interchange of certain Federal lands 
between the Forest Service (FS) and the Bureau of Land 
Management (BLM). The Shasta-Trinity National Forest has worked 
closely with the Redding, California Field Office (BLM) to 
identify the appropriate lands for inclusion in the 
administrative jurisdiction transfer.
    The Department supports this bill, which provides a 
seamless recreation experience and improved management of the 
Shasta-Chappie Off Highway Vehicle (OHV) Area as well as 
enabling the Forest Service to consolidate key landholdings, 
including the BLM's portion of the Trinity Alps Wilderness. We 
note that many of the same goals of this act could be achieved 
administratively through Service First Authority (PL 106-291), 
an authority available to both Departments to more efficiently 
and effectively manage the Federal estate. We would appreciate 
the opportunity to work with the Subcommittee and the BLM to 
address technical changes to the lands involved in the 
interchange.
    Just 10 miles northwest of Redding, the Chappie-Shasta Off-
Highway area offers 200 miles of roads and trails over 52,000 
acres for off-road enthusiasts. The Chappie-Shasta area is 
conducive for mountain biking, camping, fishing, hiking, 
backpacking, and horseback riding, and hunting, in addition to 
the off-highway vehicle use.
    S. 1328 transfers to the BLM administrative jurisdiction 
for approximately 11,760 acres of National Forest System lands 
located within the Chappie-Shasta OHV Area. In return, the bill 
transfers to the FS administrative jurisdiction for 
approximately 5,000 acres in three parcels of public land 
currently managed by the BLM in Trinity, Shasta, Humboldt, and 
Siskiyou Counties. The BLM lands include approximately 4,830 
acres of the Tunnel Ridge portion of the Trinity Alps 
Wilderness, of which the FS manages approximately 517,000 
acres. The other two parcels are approximately 217 acres 
adjacent to Shasta Lake and approximately 44 acres along 
California Highway 89.
    The Shasta-Trinity National Forest currently issues four to 
six Special Use Permits per year for OHV race events within the 
Chappie-Shasta OHV Area. The OHV staging area is currently on 
National Forest System lands within the Whiskeytown-Shasta-
Trinity National Recreation Area. However, large portions of 
the trails are on private and other federal lands administered 
by the FS, BLM, the Bureau of Recreation and the National Park 
Service.
    The Shasta-Trinity National Forest and the Bureau of Land 
Management have a long history of working together in the 
development and management of the Chappie-Shasta Off-Highway 
Vehicle Area. However, the different permitting and 
administrative processes of the two agencies have caused 
difficulties for recreational users. In addition, each agency 
has been separately applying for grant funding for the OHV 
area, which is both inefficient and redundant.
    Thank you for the opportunity to testify on S. 1328. I 
welcome any questions you may have.

 Statement of Robert G. Stanton, Deputy Assistant Secretary for Policy 
           and Program Management, Department of the Interior

    Thank you for the opportunity to testify on S. 1328 and 
H.R. 689, companion bills to transfer the administrative 
jurisdiction of certain Federal lands in California between the 
Bureau of Land Management (BLM) and the U.S. Forest Service 
(FS). The BLM supports H.R. 689 as passed by the House of 
Representatives.


                               background


    The Chappie-Shasta Off-Highway Vehicle (OHV) Area consists 
of approximately 56,000 acres located within Shasta County, 
California. The area has a complex pattern of land ownership 
with approximately 25,000 acres administered by the BLM, 11,760 
acres managed by the FS, and the rest in other Federal or 
private ownership. Each year, numerous special recreation 
events occur within this popular OHV area that require special 
recreation permits from both the BLM and the FS. In an effort 
to more consistently handle the recreational use, the BLM has 
taken the lead in managing the area and special events on both 
BLM and FS managed lands. Nonetheless, the mixed ownership and 
separate management and regulatory frameworks between the two 
agencies have, at times, caused frustrations for the public.


                          s. 1328 and h.r. 689


    The House of Representatives passed H.R. 689 on June 2, 
2009; our testimony addresses the House-passed bill.
    H.R. 689 transfers to the BLM administrative jurisdiction 
of 11,760 acres of Federal land located within the Chappie-
Shasta OHV Area that are currently managed by the FS. 
Consolidation of land ownership within the Chappie-Shasta OHV 
Area will allow for a more streamlined administration of 
recreation use and an improved recreation experience for the 
area's users.
    In addition, the bill transfers to the FS administrative 
jurisdiction over three parcels totaling approximately 5,000 
acres of public land currently managed by the BLM in Trinity, 
Shasta, Humboldt, and Siskiyou Counties. These lands are either 
adjacent to or within areas managed by the FS, and include the 
4,830-acre Tunnel Ridge portion of the Trinity Alps Wilderness 
(currently managed by the FS through a Memorandum of 
Understanding with the BLM) which is within the FS-managed 
517,000-acre Trinity Alps Wilderness. The other two parcels are 
a 217-acre parcel adjacent to Shasta Lake and a 44-acre parcel 
along California Highway 89. Both parcels are surrounded by FS 
lands and were identified for transfer to the FS in the 1993 
BLM California Redding Resource Management Plan.
    This interchange of administrative jurisdiction between the 
two agencies will lead to efficiencies in agency management, 
consistent management of Federal resources involved and better 
service to the public. H.R. 689 is the result of years of local 
efforts by the agencies, the public, and the sponsor. The BLM 
believes enactment of the bill would make land management 
adjustments where they are appropriate and beneficial to the 
public.
    A number of technical amendments were made to H.R. 689 to 
address concerns raised by the BLM in testimony before the 
House Natural Resources Subcommittee on National Parks, 
Forests, and Public Lands on March 24, 2009. Since that time, 
additional minor mapping corrections have come to the BLM's 
attention. The Bureau would like to work with the Sponsor and 
Committee to prepare a new map.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by H.R. 689, as ordered 
reported.

                                  
