I 

111TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2009 

Mr. HERGER introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To interchange the administrative jurisdiction of certain Federal lands between the Forest Service and the Bureau 

of Land Management, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. INTERCHANGE OF LANDS TO THE BUREAU OF 

4 LAND MANAGEMENT. 

5 (a) INTERCHANGE.—Administrative jurisdiction of 

6 the federally owned lands described in subsection (b) is 

7 transferred from the Secretary of Agriculture to the Sec8 retary of the Interior to be subject to the laws, rules, and 

9 regulations applicable to the public lands administered by 


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1 the Bureau of Land Management (hereafter in this Act 

2 referred to as the ‘‘BLM’’). 

3 (b) LANDS AFFECTED.—Except as provided in sub4 section (c), the lands transferred to the administration of 

5 the Secretary of the Interior, through the BLM, under 

6 subsection (a) are those heretofore within the Shasta7 Trinity National Forest in California, Mount Diablo Me8 ridian, described as follows: 

9 T. 33 N., R. 5 W., those parts of secs. 5, 6, 

10 7, 8, 15, 16, 17, and 18 lying north of the northerly 

11 high water mark of the Sacramento River and west12 erly of the west edge of Shasta County Road No. 

13 5G012 and Forest Road No. 35N05. 

14 T. 34 N., R. 5 W., secs. 19, 20, 30, 31, and 

15 32. 

16 T. 33 N., R. 6 W., secs. 1, 2, 4, 10, 11, and 

17 12. 

18 T. 34 N., R. 6 W., secs. 10, 13, 14, 23, 24, 25, 

19 26, and 35. 

20 (c) EXCEPTED LANDS.—Excepted from the transfer 

21 under this section are those lands within the Shasta Dam 

22 Reclamation Zone which shall continue to be administered 

23 by the Secretary of the Interior through the Bureau of 

24 Reclamation. 


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1 SEC. 2. INTERCHANGE OF LANDS TO THE FOREST SERVICE. 

2 (a) INTERCHANGE.—Administrative jurisdiction of 

3 the federally owned lands described in subsection (b) is 

4 transferred from the Secretary of the Interior to the Sec5 retary of Agriculture to be subject to the laws, rules, and 

6 regulations applicable to the National Forest System. 

7 (b) LANDS AFFECTED.—The lands transferred to the 

8 administration of the Secretary of Agriculture, through 

9 the Forest Service, under subsection (a), are those here10 tofore administered by the BLM in California, Mount Dia11 blo Meridian, and described as follows: 

12 T. 35 N., R. 1 W., sec. 34, NE1/4 and E1/ 

13 2NW1/4. 

14 T. 40 N., R. 1 W., sec. 4, lot 4. 

15 T. 33 N., R. 10 W., those parts of secs. 5 and 

16 6 lying north of the southerly high water line of 

17 Clear Creek Gulch. 

18 T. 34 N., R. 10 W., sec. 8; sec. 17; sec. 18, E1/ 

19 2; sec. 19; sec. 20; sec. 29, NE1/4 and W1/2; sec. 

20 30; sec. 31, except that strip of land lying 50 feet 

21 easterly and 50 feet westerly of the centerline of 

22 Trinity County Road 401 (Canyon Creek Road); and 

23 that part of the W1/2 of sec. 32 lying north of the 

24 southerly high water line of Clear Creek Gulch. 

25 T. 33 N., R. 11 W., that part of sec. 1 lying 

26 east of the east edge of Trinity County Road 401 


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1 (Canyon Creek Road) and north of the southerly 

2 high water line of Clear Creek Gulch. 

3 T. 34 N., R. 11 W., sec. 36, E1/2SE1/4. 

4 (c) WILDERNESS ADMINISTRATION.—The transfer of 

5 administrative jurisdiction from the BLM to the Forest 

6 Service of some lands previously designated as part of the 

7 Tunnel Ridge Wilderness shall not affect the wilderness 

8 status of such lands. 

9 SEC. 3. MAP AND CORRECTIONS. 

10 (a) MAP.—The lands described for interchange in 

11 sections 1 and 2 are generally depicted on a map titled 

12 ‘‘CSOHV Lands Consolidation November, 2008’’, which 

13 map shall be on file and available for public inspection 

14 in the Office of the Director, BLM, Washington, DC, and 

15 the Office of the Chief, Forest Service, Washington, DC. 

16 (b) CORRECTIONS.— 

17 (1) The Director of the BLM, and the Chief of 

18 the Forest Service, may, by mutual agreement— 

19 (A) correct errors or any disparities be20 tween the map and the legal descriptions in sec21 tions 1 and 2, or 

22 (B) effect minor adjustments to the inter23 change herein provided in order to facilitate 

24 land management, including survey. 


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1 (2) Any correction or adjustments shall be ef2 fective upon publication of a notice in the Federal 

3 Register. 

4 SEC. 4. EXISTING RIGHTS AND AUTHORIZATIONS. 

5 Nothing in this Act shall affect any valid existing 

6 rights, nor affect the validity or term and conditions of 

7 any existing withdrawal, right-of-way, easement, lease, li8 cense or permit on lands transferred by this Act, except 

9 that any such authorization shall be administered by the 

10 agency having jurisdiction of the land after the enactment 

11 of this Act in accordance with applicable law. Reissuance 

12 of any such authorization shall be in accordance with ap13 plicable law and regulations of the agency having jurisdic14 tion. 

15 SEC. 5. HAZARDOUS SUBSTANCES. 

16 (a) NOTICE.—The Forest Service for lands described 

17 in section 1, and the BLM for lands described in section 

18 2, shall identify any known sites containing hazardous 

19 substances and provide such information to the receiving 

20 agency. 

21 (b) CLEAN UP OBLIGATIONS.—The clean up of haz22 ardous substances on lands transferred by this Act shall 

23 be the responsibility of the agency having jurisdiction over 


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1 the lands on the day before the date of the enactment of 

2 this Act. 

Æ 


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