89–010 

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. 


rfrederick on DSKD9S0YB1PROD with HEARING
2 

(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-ofway, 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 


rfrederick on DSKD9S0YB1PROD with HEARING
3 

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 ChappieShasta 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 wilVerDate Nov 24 2008 07:20 Mar 04, 2010 Jkt 089010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR145.XXX SR145

rfrederick on DSKD9S0YB1PROD with HEARING
4 

derness 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. 


rfrederick on DSKD9S0YB1PROD with HEARING
5 

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 reVerDate Nov 24 2008 07:20 Mar 04, 2010 Jkt 089010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR145.XXX SR145

rfrederick on DSKD9S0YB1PROD with HEARING
6 

turn, 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 ChappieShasta 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 frameVerDate Nov 24 2008 07:20 Mar 04, 2010 Jkt 089010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6969 E:\HR\OC\SR145.XXX SR145

rfrederick on DSKD9S0YB1PROD with HEARING
7 

works 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. 

Æ 


rfrederick on DSKD9S0YB1PROD with HEARING