H. Rept. 111-108 - 111th Congress (2009-2010)
May 14, 2009, As Reported by the Natural Resources Committee

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House Report 111-108 - TO INTERCHANGE THE ADMINISTRATIVE JURISDICTION OF CERTAIN FEDERAL LANDS BETWEEN THE FOREST SERVICE AND THE BUREAU OF LAND MANAGEMENT, AND FOR OTHER PURPOSES




[House Report 111-108]
[From the U.S. Government Printing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-108

======================================================================
 
TO INTERCHANGE THE ADMINISTRATIVE JURISDICTION OF CERTAIN FEDERAL LANDS 
 BETWEEN THE FOREST SERVICE AND THE BUREAU OF LAND MANAGEMENT, AND FOR 
                             OTHER PURPOSES

                                _______
                                

  May 14, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 689]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (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, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 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 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 any known 
sites containing hazardous substances and provide such information to 
the receiving agency.
  (b) Cleanup Obligations.--The cleanup 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 689 is to interchange the 
administrative jurisdiction of certain Federal lands between 
the Forest Service and the Bureau of Land Management, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 689 would authorize the interchange of lands 
administered by the Secretary of Agriculture, through the 
Forest Service (FS), with lands administered by the Secretary 
of the Interior, through the Bureau of Land Management (BLM) in 
the State of California.
    The purpose of the exchange is to ease problems that off-
highway vehicle (OHV) users are having regarding OHV use on the 
Trinity-Shasta National Forest and adjacent public lands. Due 
to the ``patchwork'' nature of the federal lands in that area, 
OHV permitting is currently split between the BLM and the FS, 
and thus OHV users have to deal with two agencies, and 
conflicting regulations on OHV use, when trying to obtain a 
permit. Upon enactment of this exchange into law, OHV use in 
the area will be consolidated on BLM-administered public lands 
and users will need only obtain permits from the BLM.

                            COMMITTEE ACTION

    H.R. 689 was introduced on January 26, 2009 by 
Representative Herger (R-CA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. At a 
hearing before the Subcommittee on March 24, 2009, the 
Administration testified in support of the bill.
    On April 29, 2009, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee was discharged from 
further consideration of H.R. 689. Subcommittee Chairman 
Grijalva offered an amendment in the nature of a substitute and 
it was agreed to by unanimous consent. The bill was then 
favorably reported to the House of Representatives, as amended, 
by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Interchange of Lands to the Bureau of Land Management

    Subsection (a) transfers administrative control of the 
lands described in subsection (b) from the Secretary of 
Agriculture to the Secretary of the Interior. The laws, rules, 
and regulations that apply to all public lands managed by the 
BLM would apply to the newly transferred lands.
    Subsection (b) describes the lands to be transferred as 
those located in the Shasta-Trinity National Forest, 
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.
    Subsection (c) states that lands within the Shasta Dam 
Reclamation Zone will not be transferred and would continue to 
be administered by the Secretary of the Interior through the 
Bureau of Reclamation.

Section 2. Interchange of Lands to the Forest Service

    Subsection (a) transfers administrative control of the 
lands described in subsection (b) from the Secretary of the 
Interior to the Secretary of Agriculture. The laws, rules, and 
regulations that apply to the National Forest System would 
apply to the newly transferred lands. It also provides that the 
transferred lands will be withdrawn from the public domain.
    Subsection (b) describes the lands to be transferred as 
those currently managed 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.
    Subsection (c) states that lands transferred that were 
previously designated as part of the Trinity Alps Wilderness 
will maintain their wilderness status.
    Subsection (d) provides that the lands added to the Shasta-
Trinity National Forest will for purposes of section 7 of the 
Land and Water Conservation Fund Act of 1965, be considered the 
boundaries of the National Forest as of January 1, 1965.

Section 3. Existing Rights and Authorizations

    Section 3 states that nothing in this Act would affect 
valid existing rights or any existing withdrawals, rights-of-
way, easements, leases, licenses, or permits. However, those 
existing rights and authorizations for the lands transferred 
within this Act would be administered by the agency in control 
of the lands as a result of this Act.

Section 4. Hazardous Substances

    Subsection (a) requires that the Forest Service and the BLM 
reveal any information about hazardous substances contained on 
the lands being transferred to each agency.
    Subsection (b) provides that the agency with jurisdiction 
over the lands transferred in this Act prior to this Act going 
into effect is responsible for cleanup of any hazardous 
substances, even once the Act goes into effect.

Section 5. Corrections

    Subsection (a) allows the Director of the BLM and the Chief 
of the Forest Service to make minor adjustments to the 
interchange authorized by this Act, provided there is agreement 
between the two agencies.
    Subsection (b) states that any such adjustments go into 
effect once they are published in the Federal Register.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of Rule X and clause 3(c)(1) of 
Rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of Rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of Rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of Rule XIII, the general performance goal or 
objective of this bill is to interchange the administrative 
jurisdiction of certain Federal lands between the Forest 
Service and the Bureau of Land Management.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of Rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 689--A bill to interchange the administrative jurisdiction of 
        certain federal lands between the Forest Service and the Bureau 
        of Land Management

    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 revenues or direct spending.
    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.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 689 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.