II

Calendar No. 448

105TH CONGRESS

2D SESSION S. 1807

[Report No. 105–234]

To transfer administrative jurisdiction over certain parcels of public domain

land in Lake County, Oregon, to facilitate management of the land,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 20, 1998

Mr. WYDEN (for himself and Mr. SMITH of Oregon) introduced the following

bill; which was read twice and referred to the Committee on Energy and

Natural Resources

JULY 2, 1998

Reported under authority of the order of the Senate of June 26, 1998, by

Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To transfer administrative jurisdiction over certain parcels

of public domain land in Lake County, Oregon, to facilitate management of the land, 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,
2

S 1807 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Hart Mountain Trans3 fer Act of 1998’’.

4 SEC. 2. TRANSFERS OF ADMINISTRATIVE JURISDICTION

5 OVER PARCELS OF LAND ADMINISTERED BY

6 THE BUREAU OF LAND MANAGEMENT AND

7 THE UNITED STATES FISH AND WILDLIFE

8 SERVICE.

9 (a) TRANSFER FROM THE BUREAU OF LAND MAN10 AGEMENT TO THE UNITED STATES FISH AND WILDLIFE

11 SERVICE.—

12 (1) IN GENERAL.—Administrative jurisdiction

13 over the parcels of land identified for transfer to the

14 United States Fish and Wildlife Service on the map

15 entitled ‘‘Hart Mountain Jurisdictional Transfer’’,

16 dated February 26, 1998, comprising approximately

17 12,100 acres of land in Lake Country, Oregon, lo18 cated adjacent to or within the Hart Mountain Na19 tional Antelope Refuge, is transferred from the Bu20 reau of Land Management to the United States Fish

21 and Wildlife Service.

22 (2) INCLUSION IN REFUGE.—The parcels of

23 land described in paragraph (1) shall be included in

24 the Hart Mountain National Antelope Refuge.
3

S 1807 RS

1 (3) WITHDRAWAL.—Subject to valid existing

2 rights, the parcels of land described in paragraph

3 (1)—

4 (A) are withdrawn from—

5 (i) surface entry under the public land

6 laws;

7 (ii) leasing under the mineral leasing

8 laws and Geothermal Steam Act of 1970

9 (30 U.S.C. 1001 et seq.); and

10 (iii) location under the mining laws;

11 and

12 (B) shall be treated as parcels of land sub13 ject to the provisions of Executive Order No.

14 7523 of December 21, 1936, as amended by

15 Executive Order No. 7895 of May 23, 1938,

16 and Presidential Proclamation No. 2416 of July

17 25, 1940, that withdrew parcels of land for the

18 Hart Mountain National Antelope Refuge.

19 (4) MANAGEMENT.—The land described in

20 paragraph (1) shall be included in the Hart Moun21 tain National Antelope Refuge and managed in ac22 cordance with the National Wildlife Refuge System

23 Administration Act of 1966 (16 U.S.C. 668dd et

24 seq.), and other applicable law, as expressed in man25 agement plans and agreements between the Bureau
4

S 1807 RS

1 of Land Management and the United States Fish

2 and Wildlife Service for the Hart Mountain Refuge.

3 (b) CONTINUED MANAGEMENT OF GUANO CREEK

4 WILDERNESS STUDY AREA BY THE BUREAU OF LAND

5 MANAGEMENT.—

6 (1) IN GENERAL.—The parcels of land identi7 fied for cooperative management on the map entitled

8 ‘‘Hart Mountain Jurisdictional Transfer’’, dated

9 February 26, 1998, comprising approximately

10 10,900 acres of land in Lake County, Oregon, lo11 cated south of the Hart Mountain National Antelope

12 Refuge, shall be retained under the jurisdiction of

13 the Bureau of Land Management.

14 (2) MANAGEMENT.—The parcels of land de15 scribed in paragraph (1) that are within the Guano

16 Creek Wilderness Study Area as of the date of en17 actment of this Act shall be managed to maintain

18 the values for which the Wilderness Study Area was

19 designated, in accordance with current and future

20 management plans and agreements, including the

21 agreement known as the ‘‘Shirk Ranch Agreement’’

22 and any amendments to that agreement.

23 (c) TRANSFER FROM THE UNITED STATES FISH AND

24 WILDLIFE SERVICE TO THE BUREAU OF LAND MANAGE25 MENT.—
5

S 1807 RS

1 (1) IN GENERAL.—Administrative jurisdiction

2 over the parcels of land identified for transfer to the

3 Bureau of Land Management on the map entitled

4 ‘‘Hart Mountain Jurisdictional Transfer’’, dated

5 February 26, 1998, comprising approximately 7,700

6 acres of land in Lake County, Oregon, located adja7 cent to or within the Hart Mountain National Ante8 lope Refuge, is transferred from the United States

9 Fish and Wildlife Service to the Bureau of Land

10 Management.

11 (2) REMOVAL FROM REFUGE.—The parcels of

12 land described in paragraph (1) are removed from

13 the Hart Mountain National Antelope Refuge.

14 (3) REVOCATION OF WITHDRAWAL.—The provi15 sions of Executive Order No. 7523 of December 21,

16 1936, as amended by Executive Order No. 7895 of

17 May 23, 1938, and Presidential Proclamation No.

18 2416 of July 25, 1940, that withdrew the parcels of

19 land for the refuge, shall be of no effect with respect

20 to the parcels of land described in paragraph (1).

21 (4) STATUS.—The parcels of land described in

22 paragraph (1)—

23 (A) are designated as public land; and

24 (B) shall be open to—
6

S 1807 RS

1 (i) surface entry under the public land

2 laws;

3 (ii) leasing under the mineral leasing

4 laws and the Geothermal Steam Act of

5 1970 (30 U.S.C. 1001 et seq.); and

6 (iii) location and entry under the min7 ing laws.

8 (5) MANAGEMENT.—The land described in

9 paragraph (1) shall be managed in accordance with

10 the Federal Land Policy and Management Act of

11 1976 (43 U.S.C. 1701 et seq.) and other applicable

12 law, and the agreement known as the ‘‘Shirk Ranch

13 Agreement’’ and any amendments to that agree14 ment.

15 (d) MAP.—A copy of the map described in sub16 sections (a), (b), and (c) and such additional legal descrip17 tions as are applicable shall be kept on file and available

18 for public inspection in the Office of the Regional Director

19 of Region 1 of the United States Fish and Wildlife Serv20 ice, the local District Office of the Bureau of Land Man21 agement, the Committee on Energy and Natural Re22 sources of the Senate, and the Committee on Resources

23 of the House of Representatives.
7

S 1807 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Hart Mountain Transfer

3 Act of 1998’’.

4 SEC. 2. TRANSFERS OF ADMINISTRATIVE JURISDICTION

5 OVER PARCELS OF LAND ADMINISTERED BY

6 THE BUREAU OF LAND MANAGEMENT AND

7 THE UNITED STATES FISH AND WILDLIFE

8 SERVICE.

9 (a) TRANSFER FROM THE BUREAU OF LAND MANAGE10 MENT TO THE UNITED STATES FISH AND WILDLIFE SERV11 ICE.—

12 (1) IN GENERAL.—Administrative jurisdiction

13 over the parcels of land identified for transfer to the

14 United States Fish and Wildlife Service on the map

15 entitled ‘‘Hart Mountain Jurisdictional Transfer’’,

16 dated February 26, 1998, comprising approximately

17 12,100 acres of land in Lake County, Oregon, located

18 adjacent to or within the Hart Mountain National

19 Antelope Refuge, is transferred from the Bureau of

20 Land Management to the United States Fish and

21 Wildlife Service.

22 (2) INCLUSION IN REFUGE.—The parcels of land

23 described in paragraph (1) shall be included in the

24 Hart Mountain National Antelope Refuge.
8

S 1807 RS

1 (3) WITHDRAWAL.—Subject to valid existing

2 rights, the parcels of land described in paragraph

3 (1)—

4 (A) are withdrawn from—

5 (i) surface entry under the public land

6 laws;

7 (ii) leasing under the mineral leasing

8 laws and Geothermal Steam Act of 1970 (30

9 U.S.C. 1001 et seq.); and

10 (iii) location and entry under the min11 ing laws; and

12 (B) shall be treated as parcels of land sub13 ject to the provisions of Executive Order No.

14 7523 of December 21, 1936, as amended by Exec15 utive Order No. 7895 of May 23, 1938, and Pres16 idential Proclamation No. 2416 of July 25,

17 1940, that withdrew parcels of land for the Hart

18 Mountain National Antelope Refuge.

19 (4) MANAGEMENT.—The land described in para20 graph (1) shall be included in the Hart Mountain

21 National Antelope Refuge and managed in accordance

22 with the National Wildlife Refuge System Adminis23 tration Act of 1966 (16 U.S.C. 668dd et seq.), and

24 other applicable law and with management plans and

25 agreements between the Bureau of Land Management
9

S 1807 RS

1 and the United States Fish and Wildlife Service for

2 the Hart Mountain Refuge.

3 (b) CONTINUED MANAGEMENT OF GUANO CREEK WIL4 DERNESS STUDY AREA BY THE BUREAU OF LAND MANAGE5 MENT.—

6 (1) IN GENERAL.—The parcels of land identified

7 for cooperative management on the map entitled

8 ‘‘Hart Mountain Jurisdictional Transfer’’, dated Feb9 ruary 26, 1998, comprising approximately 10,900

10 acres of land in Lake County, Oregon, located south

11 of the Hart Mountain National Antelope Refuge, shall

12 be retained under the jurisdiction of the Bureau of

13 Land Management.

14 (2) MANAGEMENT.—The parcels of land de15 scribed in paragraph (1) that are within the Guano

16 Creek Wilderness Study Area Act shall be managed so

17 as not to impair the suitability of the area for des18 ignation as wilderness, in accordance with current

19 and future management plans and agreements (in20 cluding the agreement known as the ‘‘Shirk Ranch

21 Agreement’’ dated September 30, 1997), until such

22 date as Congress enacts a law directing otherwise.

23 (c) TRANSFER FROM THE UNITED STATES FISH AND

24 WILDLIFE SERVICE TO THE BUREAU OF LAND MANAGE25 MENT.—
10

S 1807 RS

1 (1) IN GENERAL.—Administrative jurisdiction

2 over the parcels of land identified for transfer to the

3 Bureau of Land Management on the map entitled

4 ‘‘Hart Mountain Jurisdictional Transfer’’, dated Feb5 ruary 26, 1998, comprising approximately 7,700

6 acres of land in Lake County, Oregon, located adja7 cent to or within the Hart Mountain National Ante8 lope Refuge, is transferred from the United States

9 Fish and Wildlife Service to the Bureau of Land

10 Management.

11 (2) REMOVAL FROM REFUGE.—The parcels of

12 land described in paragraph (1) are removed from the

13 Hart Mountain National Antelope Refuge, and the

14 boundary of the refuge is modified to reflect that re15 moval.

16 (3) REVOCATION OF WITHDRAWAL.—The provi17 sions of Executive Order No. 7523 of December 21,

18 1936, as amended by Executive Order No. 7895 of

19 May 23, 1938, and Presidential Proclamation No.

20 2416 of July 25, 1940, that withdrew the parcels of

21 land for the refuge, shall be of no effect with respect

22 to the parcels of land described in paragraph (1).

23 (4) STATUS.—The parcels of land described in

24 paragraph (1)—

25 (A) are designated as public land; and
11

S 1807 RS

1 (B) shall be open to—

2 (i) surface entry under the public land

3 laws;

4 (ii) leasing under the mineral leasing

5 laws and the Geothermal Steam Act of 1970

6 (30 U.S.C. 1001 et seq.); and

7 (iii) location and entry under the min8 ing laws.

9 (5) MANAGEMENT.—The land described in para10 graph (1) shall be managed in accordance with the

11 Federal Land Policy and Management Act of 1976

12 (43 U.S.C. 1701 et seq.) and other applicable law,

13 and the agreement known as the ‘‘Shirk Ranch Agree14 ment’’ dated September 30, 1997.

15 (d) MAP.—A copy of the map described in subsections

16 (a), (b), and (c) and such additional legal descriptions as

17 are applicable shall be kept on file and available for public

18 inspection in the Office of the Regional Director of Region

19 1 of the United States Fish and Wildlife Service, the local

20 District Office of the Bureau of Land Management, the

21 Committee on Energy and Natural Resources of the Senate,

22 and the Committee on Resources of the House of Representa23 tives.
12

S 1807 RS

1 SEC. 3. KLAMATH MARSH NATIONAL WILDLIFE REFUGE.

2 Section 28 of the Act of August 13, 1954 (68 Stat. 718,

3 chapter 732; 72 Stat. 818; 25 U.S.C. 564w–1), is amended

4 in subsections (f) and (g) by striking ‘‘Klamath Forest Na5 tional Wildlife Refuge’’ each place it appears and inserting

6 ‘‘Klamath Marsh National Wildlife Refuge’’.

Calendar No. 448

105TH CONGRESS

2D SESSION S. 1807

[Report No. 105–234]

A BILL

To transfer administrative jurisdiction over certain

and for other purposes.Oregon, to facilitate management of the land,parcels of public domain land in Lake County,

JULY 2, 1998

Reported under authority of the order of the Senate of

June 26, 1998, with an amendment