Reported to Senate

[Congressional Bills 111th Congress] [From the U.S. Government Publishing Office] [H.R. 689 Reported in Senate (RS)] Calendar No. 295 111th CONGRESS 2d Session H. R. 689 [Report No. 111-145] _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 3, 2009 Received; read twice and referred to the Committee on Energy and Natural Resources March 2, 2010 Reported by Mr. Bingaman, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ AN ACT To interchange the administrative jurisdiction of certain Federal lands between the Forest Service and the Bureau of Land Management, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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

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 Such lands are hereby withdrawn from the public domain and reserved for administration as part of the Shasta-Trinity National Forest.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

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

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) Clean up Obligations.--The clean up 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.

SECTION 1. SHORT TITLE.

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

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.

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.

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). Calendar No. 295 111th CONGRESS 2d Session H. R. 689 [Report No. 111-145] _______________________________________________________________________ AN ACT To interchange the administrative jurisdiction of certain Federal lands between the Forest Service and the Bureau of Land Management, and for other purposes. _______________________________________________________________________ March 2, 2010 Reported with an amendment