II

105TH CONGRESS

2D SESSION S. 1807

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

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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Hart Mountain Trans5 fer Act of 1998’’.
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1 SEC. 2. TRANSFERS OF ADMINISTRATIVE JURISDICTION

2 OVER PARCELS OF LAND ADMINISTERED BY

3 THE BUREAU OF LAND MANAGEMENT AND

4 THE UNITED STATES FISH AND WILDLIFE

5 SERVICE.

6 (a) TRANSFER FROM THE BUREAU OF LAND MAN7 AGEMENT TO THE UNITED STATES FISH AND WILDLIFE

8 SERVICE.—

9 (1) IN GENERAL.—Administrative jurisdiction

10 over the parcels of land identified for transfer to the

11 United States Fish and Wildlife Service on the map

12 entitled ‘‘Hart Mountain Jurisdictional Transfer’’,

13 dated February 26, 1998, comprising approximately

14 12,100 acres of land in Lake Country, Oregon, lo15 cated adjacent to or within the Hart Mountain Na16 tional Antelope Refuge, is transferred from the Bu17 reau of Land Management to the United States Fish

18 and Wildlife Service.

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

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

21 the Hart Mountain National Antelope Refuge.

22 (3) WITHDRAWAL.—Subject to valid existing

23 rights, the parcels of land described in paragraph

24 (1)—

25 (A) are withdrawn from—
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1 (i) surface entry under the public land

2 laws;

3 (ii) leasing under the mineral leasing

4 laws and Geothermal Steam Act of 1970

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

6 (iii) location under the mining laws;

7 and

8 (B) shall be treated as parcels of land sub9 ject to the provisions of Executive Order No.

10 7523 of December 21, 1936, as amended by

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

12 and Presidential Proclamation No. 2416 of July

13 25, 1940, that withdrew parcels of land for the

14 Hart Mountain National Antelope Refuge.

15 (4) MANAGEMENT.—The land described in

16 paragraph (1) shall be included in the Hart Moun17 tain National Antelope Refuge and managed in ac18 cordance with the National Wildlife Refuge System

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

20 seq.), and other applicable law, as expressed in man21 agement plans and agreements between the Bureau

22 of Land Management and the United States Fish

23 and Wildlife Service for the Hart Mountain Refuge.
4

•S 1807 IS

1 (b) CONTINUED MANAGEMENT OF GUANO CREEK

2 WILDERNESS STUDY AREA BY THE BUREAU OF LAND

3 MANAGEMENT.—

4 (1) IN GENERAL.—The parcels of land identi5 fied for cooperative management on the map entitled

6 ‘‘Hart Mountain Jurisdictional Transfer’’, dated

7 February 26, 1998, comprising approximately

8 10,900 acres of land in Lake County, Oregon, lo9 cated south of the Hart Mountain National Antelope

10 Refuge, shall be retained under the jurisdiction of

11 the Bureau of Land Management.

12 (2) MANAGEMENT.—The parcels of land de13 scribed in paragraph (1) that are within the Guano

14 Creek Wilderness Study Area as of the date of en15 actment of this Act shall be managed to maintain

16 the values for which the Wilderness Study Area was

17 designated, in accordance with current and future

18 management plans and agreements, including the

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

20 and any amendments to that agreement.

21 (c) TRANSFER FROM THE UNITED STATES FISH AND

22 WILDLIFE SERVICE TO THE BUREAU OF LAND MANAGE23 MENT.—

24 (1) IN GENERAL.—Administrative jurisdiction

25 over the parcels of land identified for transfer to the
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1 Bureau of Land Management on the map entitled

2 ‘‘Hart Mountain Jurisdictional Transfer’’, dated

3 February 26, 1998, comprising approximately 7,700

4 acres of land in Lake County, Oregon, located adja5 cent to or within the Hart Mountain National Ante6 lope Refuge, is transferred from the United States

7 Fish and Wildlife Service to the Bureau of Land

8 Management.

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

10 land described in paragraph (1) are removed from

11 the Hart Mountain National Antelope Refuge.

12 (3) REVOCATION OF WITHDRAWAL.—The provi13 sions of Executive Order No. 7523 of December 21,

14 1936, as amended by Executive Order No. 7895 of

15 May 23, 1938, and Presidential Proclamation No.

16 2416 of July 25, 1940, that withdrew the parcels of

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

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

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

20 paragraph (1)—

21 (A) are designated as public land; and

22 (B) shall be open to—

23 (i) surface entry under the public land

24 laws;
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1 (ii) leasing under the mineral leasing

2 laws and the Geothermal Steam Act of

3 1970 (30 U.S.C. 1001 et seq.); and

4 (iii) location and entry under the min5 ing laws.

6 (5) MANAGEMENT.—The land described in

7 paragraph (1) shall be managed in accordance with

8 the Federal Land Policy and Management Act of

9 1976 (43 U.S.C. 1701 et seq.) and other applicable

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

11 Agreement’’ and any amendments to that agree12 ment.

13 (d) MAP.—A copy of the map described in sub14 sections (a), (b), and (c) and such additional legal descrip15 tions as are applicable shall be kept on file and available

16 for public inspection in the Office of the Regional Director

17 of Region 1 of the United States Fish and Wildlife Serv18 ice, the local District Office of the Bureau of Land Man19 agement, the Committee on Energy and Natural Re20 sources of the Senate, and the Committee on Resources

21 of the House of Representatives.

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