[Senate Report 118-178]
[From the U.S. Government Publishing Office]


                                                 Calendar No. 394

118th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 118-178

======================================================================
 
 TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN FEDERAL LANDS IN 
                               CALIFORNIA

                                _______
                                

                  May 16, 2024.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 3045]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 3045) to provide for the transfer of 
administrative jurisdiction over certain Federal land in the 
State of California, and for other purposes, having considered 
the same, reports favorably thereon with amendments and 
recommends that the bill, as amended, do pass.

                               AMENDMENTS

    On page 2, line 19, insert ``of Agriculture'' after 
``Secretary''.
    On page 2, line 24, insert ``of Agriculture'' after 
``Secretary''.
    On page 3, line 10, insert ``of Agriculture'' after ``The 
Secretary''.
    On page 4, line 1, insert ``of Agriculture'' after 
``Secretary''.

                                PURPOSE

    The purpose of S. 3045 is to provide for the transfer of 
administrative jurisdiction between the National Park Service 
and the Forest Service over certain federal lands in 
California.

                          BACKGROUND AND NEED

    In 2016, the Trust for Public Land acquired a 400-acre 
parcel of land known as Ackerson Meadow and gave it to the 
National Park Service for inclusion in Yosemite National Park. 
However, while much of Ackerson Meadow meets the criteria for 
being in a national park, it is almost completely surrounded by 
the Stanislaus National Forest and has very little contiguous 
border with the Yosemite National Park. The current 
configuration of land ownership is not conducive to efficient 
land management. An interagency land exchange has been proposed 
by the Stanislaus National Forest, Yosemite National Park, and 
local stakeholders, including a federal grazing permittee 
operating in Ackerson Meadow.
    The permittee operates one of the largest cattle operations 
in the West. Under current management, the cattle are grazing 
on National Park Service land. The bill proposes to transfer 
the 170-acre parcel to the Forest Service because the grazing 
activity is more consistent with the Forest Service's multiple-
use mandate. In exchange, the National Park Service would 
receive 160 acres of Forest Service land between the park and 
Ackerson Meadow.

                          LEGISLATIVE HISTORY

    S. 3045 was introduced by Senator Padilla on October 16, 
2023. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 3045 on October 25, 2023.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on December 14, 2023, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
3045, if amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 3045, the Committee adopted 
four technical amendments to clarify references to the 
Secretary of Agriculture.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Transfer of administrative jurisdiction over certain Federal 
        land in the State of California

    Subsection (a)(1) transfers approximately 160 acres of 
National Forest System land, as depicted on the referenced map, 
to the Secretary of the Interior to be managed as part of 
Yosemite National Park.
    Subsection (a)(2) transfers approximately 170 acres of land 
administered by National Park System, as depicted on the 
referenced map, to the Secretary of Agriculture to be managed 
as part of the Stanislaus National Forest.
    Subsection (b) authorizes the Secretary of Agriculture and 
the Secretary of the Interior to make minor corrections and 
adjustments to the federal land transfer, including any 
applicable survey, by mutual agreement. Any correction or 
adjustment made shall be effective on the date that a notice is 
published in the Federal Register.
    Subsection (c) requires the Secretary of Agriculture and 
the Secretary of the Interior to identify any known sites on 
their respective land containing hazardous substances and 
provide to the head of the federal agency to which the land is 
being transferred a notice of any site containing that 
substance. With respect to any federal liability, each 
Secretary is responsible for any cleanup of that substance on 
their respective land to the same extent as on the day before 
the date of enactment of this Act.
    Subsection (d) clarifies that nothing in this section 
affects any valid existing rights or the validity or terms and 
conditions of any existing withdrawal, right-of-way, easement, 
lease, license, or permit on the land subject to administrative 
transfer, except, beginning on the date of enactment of this 
Act, the head of the Agency of the land subject to transfer 
shall be responsible for administering the interests or 
authorizations in accordance with applicable law.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office's cost estimate of S. 3045 
follows:




    Summary: On December 14, 2023, the Senate Committee on 
Energy and Natural Resources ordered reported three bills aimed 
at changing the management of certain parcels of federal land.

           *       *       *       *       *       *       *

    S. 3045, a bill to provide for the transfer of 
administrative jurisdiction over certain Federal land in the 
State of California, and for other purposes: S. 3045 would 
transfer two parcels of land between California's Yosemite 
National Park and Stanislaus National Forest. A 160-acre parcel 
currently in the national forest would be transferred to the 
national park and a nearby 170-acre parcel currently in the 
national park would be transferred to the national forest.
    Basis of estimate: For this estimate, CBO assumes that all 
three bills will be enacted in the middle of fiscal year 2024. 
Estimated outlays are based on historical patterns for similar 
projects and programs.
    The costs of the legislation fall within budget function 
300 (natural resources and environment).

                            DIRECT SPENDING

    Using information from the agencies that currently manage 
the affected areas, CBO estimates that enacting the bills would 
have the following effects on direct spending:

           *       *       *       *       *       *       *

     S. 3045 could affect direct spending. Transferring 
the land would shift administrative jurisdiction over each 
parcel between the Forest Service and the National Park 
Service. Activities that could generate receipts on the current 
Forest Service parcel would not be allowed once it was 
transferred to the national park. However, the current national 
park parcel could be used for those activities once it was 
transferred to the Forest Service. Because the amount of land 
administered by each agency would remain roughly the same, any 
potential change in direct spending would roughly offset. CBO 
estimates that the net effect on direct spending would be 
negligible.

                   SPENDING SUBJECT TO APPROPRIATION

    CBO's estimates of outlays for programs funded by 
appropriations are based on historical spending patterns for 
similar programs; any spending under the bills would be subject 
to the availability of appropriated funds.
    Following alterations to the management of federal land, 
agencies must revise maps and boundaries to reflect changes 
made to the land's ownership or administration. Based on 
information from the managing agencies and costs associated 
with similar projects, CBO estimates that implementing the 
bills would have the following effects on spending subject to 
appropriation:

           *       *       *       *       *       *       *

     S. 3045 would cost less than $500,000 over the 
2024-2029 period for the Forest Service and National Park 
Service to revise maps and boundaries.
    Pay-as-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. CBO estimates . . . that enacting S. 3045 would have 
a negligible effect on direct spending. . . .

           *       *       *       *       *       *       *

    Increase in Long-Term Net Direct Spending and Deficits:

           *       *       *       *       *       *       *

    CBO estimates that enacting . . . S. 3045 would not 
increase net direct spending or deficits in any of the four 
consecutive 10-year periods beginning in 2035.
    Mandates: CBO has determined that none of the bills contain 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act.
    Estimate prepared by: Federal Costs: Emma Uebelhor; 
Mandates: Erich Dvorak, Grace Watson.
    Estimate reviewed by: Robert Reese, Chief, Natural and 
Physical Resources Cost Estimates Unit; Kathleen FitzGerald, 
Chief, Public and Private Mandates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

                      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 S. 3045. The bill 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 S. 3045, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 3045, 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 Forest Service and the 
Statement for the Record provided by the National Park Service 
from the Subcommittee on Public Lands, Forests, and Mining 
October 25, 2023, hearing on S. 3045 follows:

Testimony of Jacqueline Emanuel, Associate Deputy Chief, United States 
Department of Agriculture Forest Service

           *       *       *       *       *       *       *


S. 3045, To provide for the transfer of administrative jurisdiction 
        over certain Federal land in the State of California, and for 
        other purposes
    This bill would transfer administrative jurisdiction of 
approximately 160 acres of USDA Forest Service land to the 
Department of the Interior, to be managed as part of Yosemite 
National Park, in accordance with laws applicable to the 
National Park System. This bill would also transfer 
approximately 170 acres of National Park System lands to the 
Forest Service to be managed as part of the Stanislaus National 
Forest in accordance with laws applicable to the National 
Forest System. This land transfer would provide for contiguous 
land management for both the Stanislaus National Forest and 
Yosemite National Park.
    If this bill is enacted, the Forest Service and National 
Park Service shall each identify and provide notice of any 
known sites containing hazardous substances. Each agency shall 
remain responsible for any cleanup of hazardous substances on 
the Federal land identified in this notice as containing 
hazardous substances. This bill will not affect any valid 
existing rights or any existing withdrawal, right-of-way, 
easement, lease, license, or permit on the land to which 
administrative jurisdiction is transferred. Each agency shall 
be responsible for administering the interests or 
authorizations in accordance with applicable law.
    USDA supports S. 3045, to provide for the transfer of 
administrative jurisdiction over certain Federal land in the 
State of California, and for other purposes.

           *       *       *       *       *       *       *


Statement for the Record, National Park Service, U.S. Department of the 
                                Interior

    Chair Cortez Masto, Ranking Member Lee, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 3045, a bill to 
provide for the transfer of administrative jurisdiction over 
certain Federal land in the State of California, and for other 
purposes.
    The Department supports S. 3045.
    S. 3045 would provide for land transfers between Yosemite 
National Park and Stanislaus National Forest in California. The 
bill would transfer administrative jurisdiction of 
approximately 160 acres of National Forest System land to the 
Secretary of the Interior to be managed as part of Yosemite 
National Park. It would also transfer administrative 
jurisdiction over approximately 170 acres of National Park 
System land to the Secretary of Agriculture to be managed as 
part of the Stanislaus National Forest. S. 3045 directs the 
respective Secretaries to identify and provide notice to the 
other agency of any known sites containing hazardous substances 
on the parcels, with each remaining responsible for any cleanup 
of hazardous substances. Finally, the bill includes provisions 
stating the land exchange will not affect valid existing rights 
or interests in the land.
    The parcels proposed for transfer by S. 3045 are within the 
Ackerson Meadow complex, an important mid-elevation meadow 
wildlife corridor and one of the Sierra Nevada region's most 
extensive and contiguous meadow systems. These scenic meadows 
are important habitat for the State-endangered great grey owl 
and little willow flycatcher, as well as a suite of additional 
at risk wildlife species. The land transfers would eliminate a 
checkerboard pattern of land ownership and simplify management 
for the National Park Service and the U.S. Forest Service. They 
would reduce fragmentation of wildlife habitat and improve 
riparian and wetland function through core areas of the 
Ackerson Meadow complex. They would also allow for more 
efficient management of adjoining cattle grazing allotments.
    Chair Cortez Masto, Ranking Member Lee, this concludes our 
statement.

                        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 S. 3045, as ordered 
reported.

                                  [all]