II 

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. 

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.—Effective on the date of the en6 actment of this Act, administrative jurisdiction of the fed7 erally owned lands described in subsection (b) is transVerDate Nov 24 2008 02:06 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\H689.RS H689

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1 ferred from the Secretary of Agriculture to the Secretary 

2 of the Interior to be subject to the laws, rules, and regula3 tions applicable to the public lands administered by the 

4 Bureau of Land Management (hereafter in this Act re5 ferred to as the ‘‘BLM’’). 

6 (b) LANDS AFFECTED.—Except as provided in sub7 section (c), the lands transferred to the administration of 

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

9 subsection (a) are those heretofore within the Shasta10 Trinity National Forest in California, Mount Diablo Me11 ridian, as shown on the map titled ‘‘H.R. 689, Transfer 

12 from Forest Service to BLM, Map 1’’, dated April 21, 

13 2009. 

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

15 under this section are those lands within the Shasta Dam 

16 Reclamation Zone which shall continue to be administered 

17 by the Secretary of the Interior through the Bureau of 

18 Reclamation. 

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

20 (a) INTERCHANGE.—Effective on the date of the en21 actment of this Act, administrative jurisdiction of the fed22 erally owned lands described in subsection (b) is trans23 ferred from the Secretary of the Interior to the Secretary 

24 of Agriculture to be subject to the laws, rules, and regula25 tions applicable to the National Forest System. Such lands 


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1 are hereby withdrawn from the public domain and re2 served for administration as part of the Shasta-Trinity 

3 National Forest. 

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

5 administration of the Secretary of Agriculture, through 

6 the Forest Service, under subsection (a), are those here7 tofore administered by the BLM in California, Mount Dia8 blo Meridian, as shown on the map titled ‘‘H.R. 689, 

9 Transfer from BLM to Forest Service, Map 2’’, dated 

10 April 21, 2009. 

11 (c) WILDERNESS ADMINISTRATION.—The transfer of 

12 administrative jurisdiction from the BLM to the Forest 

13 Service of certain lands previously designated as part of 

14 the Trinity Alps Wilderness shall not affect the wilderness 

15 status of such lands. 

16 (d) LAND AND WATER CONSERVATION FUND.—For 

17 the purposes of section 7 of the Land and Water Con18 servation Fund Act of 1965 (16 U.S.C. 460l–9), the 

19 boundaries of the Shasta-Trinity National Forest, as ad20 justed pursuant to this Act, shall be considered the bound21 aries of that national forest as of January 1, 1965. 

22 SEC. 3. EXISTING RIGHTS AND AUTHORIZATIONS. 

23 Nothing in this Act shall affect any valid existing 

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

25 any existing withdrawal, right-of-way, easement, lease, liVerDate Nov 24 2008 02:06 Mar 03, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\H689.RS H689

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1 cense or permit on lands transferred by this Act, except 

2 that any such authorization shall be administered by the 

3 agency having jurisdiction of the land after the enactment 

4 of this Act in accordance with applicable law. Reissuance 

5 of any such authorization shall be in accordance with ap6 plicable law and regulations of the agency having jurisdic7 tion. 

8 SEC. 4. HAZARDOUS SUBSTANCES. 

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

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

11 2, shall identify any known sites containing hazardous 

12 substances and provide such information to the receiving 

13 agency. 

14 (b) CLEAN UP OBLIGATIONS.—The clean up of haz15 ardous substances on lands transferred by this Act shall 

16 be the responsibility of the agency having jurisdiction over 

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

18 this Act. 

19 SEC. 5. CORRECTIONS. 

20 (a) MINOR ADJUSTMENTS.—The Director of the 

21 BLM and the Chief of the Forest Service, may, by mutual 

22 agreement, effect minor corrections and adjustments to 

23 the interchange provided for in this Act to facilitate land 

24 management, including survey. 


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1 (b) PUBLICATIONS.—Any corrections or adjustments 

2 made under subsection (a) shall be effective upon publica3 tion of a notice in the Federal Register. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Shasta-Trinity National 

6 Forest Administrative Jurisdiction Transfer Act’’. 

7 SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION TO 

8 THE BUREAU OF LAND MANAGEMENT. 

9 (a) IN GENERAL.—Administrative jurisdiction over 

10 the Federal land described in subsection (b) is transferred 

11 from the Secretary of Agriculture to the Secretary of the 

12 Interior. 

13 (b) DESCRIPTION OF LAND.—The Federal land re14 ferred to in subsection (a) is the land within the Shasta15 Trinity National Forest in California, Mount Diablo Me16 ridian, as generally depicted on the map entitled ‘‘Shasta17 Trinity Administrative Jurisdiction Transfer: Transfer 

18 from Forest Service to BLM, Map 1’’ and dated November 

19 23, 2009. 

20 (c) MANAGEMENT AND STATUS OF TRANSFERRED

21 LAND.—The Federal land described in subsection (b) shall 

22 be administered in accordance with— 

23 (1) the Federal Land Policy and Management 

24 Act of 1976 (43 U.S.C. 1701 et seq.); and 


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1 (2) any other applicable law (including regula2 tions). 

3 SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION TO 

4 THE FOREST SERVICE. 

5 (a) IN GENERAL.—Administrative jurisdiction over 

6 the Federal land described in subsection (b) is transferred 

7 from the Secretary of the Interior to the Secretary of Agri8 culture. 

9 (b) DESCRIPTION OF LAND.—The Federal land re10 ferred to in subsection (a) is the land administered by the 

11 Director of the Bureau of Land Management in the Mount 

12 Diablo Meridian, California, as generally depicted on the 

13 map entitled ‘‘Shasta-Trinity Administrative Jurisdiction 

14 Transfer: Transfer from BLM to Forest Service, Map 2’’ 

15 and dated November 23, 2009. 

16 (c) MANAGEMENT AND STATUS OF TRANSFERRED

17 LAND.— 

18 (1) IN GENERAL.—The Federal land described in 

19 subsection (b) shall be— 

20 (A) withdrawn from the public domain; 

21 (B) reserved for administration as part of 

22 the Shasta-Trinity National Forest; and 

23 (C) managed in accordance with the laws 

24 (including the regulations) generally applicable 

25 to the National Forest System. 


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1 (2) WILDERNESS ADMINISTRATION.—The land 

2 transferred to the Secretary of Agriculture under sub3 section (a) that is within the Trinity Alps Wilderness 

4 shall— 

5 (A) not affect the wilderness status of the 

6 transferred land; and 

7 (B) be administered in accordance with— 

8 (i) this section; 

9 (ii) the Wilderness Act (16 U.S.C. 1131 

10 et seq.); and 

11 (iii) the California Wilderness Act of 

12 1984 (16 U.S.C. 1132 note; Public Law 98– 

13 425). 

14 SEC. 4. ADMINISTRATIVE PROVISIONS. 

15 (a) CORRECTIONS.— 

16 (1) MINOR ADJUSTMENTS.—The Secretary of Ag17 riculture and the Secretary of the Interior may, by 

18 mutual agreement, make minor corrections and ad19 justments to the transfers under this Act to facilitate 

20 land management, including corrections and adjust21 ments to any applicable surveys. 

22 (2) PUBLICATIONS.—Any corrections or adjust23 ments made under subsection (a) shall be effective on 

24 the date of publication of a notice of the corrections 

25 or adjustments in the Federal Register. 


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1 (b) HAZARDOUS SUBSTANCES.— 

2 (1) NOTICE.—The Secretary of Agriculture and 

3 the Secretary of the Interior shall, with respect to the 

4 land described in sections 2(b) and 3(b), respec5 tively— 

6 (A) identify any known sites containing 

7 hazardous substances; and 

8 (B) provide to the head of the Federal agen9 cy to which the land is being transferred notice 

10 of any sites identified under subparagraph (A). 

11 (2) CLEANUP OBLIGATIONS.—To the same extent 

12 as on the day before the date of enactment of this Act, 

13 with respect to any Federal liability— 

14 (A) the Secretary of Agriculture shall re15 main responsible for any cleanup of hazardous 

16 substances on the Federal land described in sec17 tion 2(b); and 

18 (B) the Secretary of the Interior shall re19 main responsible for any cleanup of hazardous 

20 substances on the Federal land described in sec21 tion 3(b). 

22 (c) EFFECT ON EXISTING RIGHTS AND AUTHORIZA23 TIONS.—Nothing in this Act affects— 

24 (1) any valid existing rights; or 


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1 (2) the validity or term and conditions of any 

2 existing withdrawal, right-of-way, easement, lease, li3 cense, or permit on the land to which administrative 

4 jurisdiction is transferred under this Act, except that 

5 beginning on the date of enactment of this Act, the 

6 head of the agency to which administrative jurisdic7 tion over the land is transferred shall be responsible 

8 for administering the interests or authorizations (in9 cluding reissuing the interests or authorizations in 

10 accordance with applicable law). 


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Calendar No. 295 

111TH CONGRESS 

2D SESSION H. R. 689 

[Report No. 111–145] 

AN ACT 

To interchange the administrative jurisdiction of 

other purposes. and the Bureau of Land Management, and for certain Federal lands between the Forest Service 

MARCH 2, 2010 

Reported with an amendment 


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