I

105TH CONGRESS

2D SESSION S. 1807

IN THE HOUSE OF REPRESENTATIVES

JULY 20, 1998

Referred to the Committee on Resources

AN ACT

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 County, 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25 (A) are withdrawn from—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 and entry under the min7 ing laws; 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 and with manage21 ment plans and agreements between the Bureau of

22 Land Management and the United States Fish and

23 Wildlife Service for the Hart Mountain Refuge.
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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 Act shall be managed

15 so as not to impair the suitability of the area for

16 designation as wilderness, in accordance with cur17 rent and future management plans and agreements

18 (including the agreement known as the ‘‘Shirk

19 Ranch Agreement’’ dated September 30, 1997),

20 until such date as Congress enacts a law directing

21 otherwise.

22 (c) TRANSFER FROM THE UNITED STATES FISH AND

23 WILDLIFE SERVICE TO THE BUREAU OF LAND MANAGE24 MENT.—
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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, and

14 the boundary of the refuge is modified to reflect that

15 removal.

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
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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

6 1970 (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

10 paragraph (1) shall be managed in accordance with

11 the Federal Land Policy and Management Act of

12 1976 (43 U.S.C. 1701 et seq.) and other applicable

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

14 Agreement’’ dated September 30, 1997.

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.
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1 SEC. 3. KLAMATH MARSH NATIONAL WILDLIFE REFUGE.

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

3 718, chapter 732; 72 Stat. 818; 25 U.S.C. 564w–1), is

4 amended in subsections (f) and (g) by striking ‘‘Klamath

5 Forest National Wildlife Refuge’’ each place it appears

6 and inserting ‘‘Klamath Marsh National Wildlife Refuge’’.

Passed the Senate July 17, 1998.

Attest: GARY SISCO,

Secretary.