[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1807 Reported in Senate (RS)]






                                                       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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Hart Mountain Transfer Act 
of 1998''.</DELETED>

<DELETED>SEC. 2. TRANSFERS OF ADMINISTRATIVE JURISDICTION OVER PARCELS 
              OF LAND ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT AND 
              THE UNITED STATES FISH AND WILDLIFE SERVICE.</DELETED>

<DELETED>    (a) Transfer From the Bureau of Land Management to the 
United States Fish and Wildlife Service.--</DELETED>
        <DELETED>    (1) In general.--Administrative jurisdiction over 
        the parcels of land identified for transfer to the United 
        States Fish and Wildlife Service on the map entitled ``Hart 
        Mountain Jurisdictional Transfer'', dated February 26, 1998, 
        comprising approximately 12,100 acres of land in Lake Country, 
        Oregon, located adjacent to or within the Hart Mountain 
        National Antelope Refuge, is transferred from the Bureau of 
        Land Management to the United States Fish and Wildlife 
        Service.</DELETED>
        <DELETED>    (2) Inclusion in refuge.--The parcels of land 
        described in paragraph (1) shall be included in the Hart 
        Mountain National Antelope Refuge.</DELETED>
        <DELETED>    (3) Withdrawal.--Subject to valid existing rights, 
        the parcels of land described in paragraph (1)--</DELETED>
                <DELETED>    (A) are withdrawn from--</DELETED>
                        <DELETED>    (i) surface entry under the public 
                        land laws;</DELETED>
                        <DELETED>    (ii) leasing under the mineral 
                        leasing laws and Geothermal Steam Act of 1970 
                        (30 U.S.C. 1001 et seq.); and</DELETED>
                        <DELETED>    (iii) location under the mining 
                        laws; and</DELETED>
                <DELETED>    (B) shall be treated as parcels of land 
                subject to the provisions of Executive Order No. 7523 
                of December 21, 1936, as amended by Executive Order No. 
                7895 of May 23, 1938, and Presidential Proclamation No. 
                2416 of July 25, 1940, that withdrew parcels of land 
                for the Hart Mountain National Antelope 
                Refuge.</DELETED>
        <DELETED>    (4) Management.--The land described in paragraph 
        (1) shall be included in the Hart Mountain National Antelope 
        Refuge and managed in accordance with the National Wildlife 
        Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
        seq.), and other applicable law, as expressed in management 
        plans and agreements between the Bureau of Land Management and 
        the United States Fish and Wildlife Service for the Hart 
        Mountain Refuge.</DELETED>
<DELETED>    (b) Continued Management of Guano Creek Wilderness Study 
Area by the Bureau of Land Management.--</DELETED>
        <DELETED>    (1) In general.--The parcels of land identified 
        for cooperative management on the map entitled ``Hart Mountain 
        Jurisdictional Transfer'', dated February 26, 1998, comprising 
        approximately 10,900 acres of land in Lake County, Oregon, 
        located south of the Hart Mountain National Antelope Refuge, 
        shall be retained under the jurisdiction of the Bureau of Land 
        Management.</DELETED>
        <DELETED>    (2) Management.--The parcels of land described in 
        paragraph (1) that are within the Guano Creek Wilderness Study 
        Area as of the date of enactment of this Act shall be managed 
        to maintain the values for which the Wilderness Study Area was 
        designated, in accordance with current and future management 
        plans and agreements, including the agreement known as the 
        ``Shirk Ranch Agreement'' and any amendments to that 
        agreement.</DELETED>
<DELETED>    (c) Transfer From the United States Fish and Wildlife 
Service to the Bureau of Land Management.--</DELETED>
        <DELETED>    (1) In general.--Administrative jurisdiction over 
        the parcels of land identified for transfer to the Bureau of 
        Land Management on the map entitled ``Hart Mountain 
        Jurisdictional Transfer'', dated February 26, 1998, comprising 
        approximately 7,700 acres of land in Lake County, Oregon, 
        located adjacent to or within the Hart Mountain National 
        Antelope Refuge, is transferred from the United States Fish and 
        Wildlife Service to the Bureau of Land Management.</DELETED>
        <DELETED>    (2) Removal from refuge.--The parcels of land 
        described in paragraph (1) are removed from the Hart Mountain 
        National Antelope Refuge.</DELETED>
        <DELETED>    (3) Revocation of withdrawal.--The provisions of 
        Executive Order No. 7523 of December 21, 1936, as amended by 
        Executive Order No. 7895 of May 23, 1938, and Presidential 
        Proclamation No. 2416 of July 25, 1940, that withdrew the 
        parcels of land for the refuge, shall be of no effect with 
        respect to the parcels of land described in paragraph 
        (1).</DELETED>
        <DELETED>    (4) Status.--The parcels of land described in 
        paragraph (1)--</DELETED>
                <DELETED>    (A) are designated as public land; 
                and</DELETED>
                <DELETED>    (B) shall be open to--</DELETED>
                        <DELETED>    (i) surface entry under the public 
                        land laws;</DELETED>
                        <DELETED>    (ii) leasing under the mineral 
                        leasing laws and the Geothermal Steam Act of 
                        1970 (30 U.S.C. 1001 et seq.); and</DELETED>
                        <DELETED>    (iii) location and entry under the 
                        mining laws.</DELETED>
        <DELETED>    (5) Management.--The land described in paragraph 
        (1) shall be managed in accordance with the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other 
        applicable law, and the agreement known as the ``Shirk Ranch 
        Agreement'' and any amendments to that agreement.</DELETED>
<DELETED>    (d) Map.--A copy of the map described in subsections (a), 
(b), and (c) and such additional legal descriptions as are applicable 
shall be kept on file and available for public inspection in the Office 
of the Regional Director of Region 1 of the United States Fish and 
Wildlife Service, the local District Office of the Bureau of Land 
Management, the Committee on Energy and Natural Resources of the 
Senate, and the Committee on Resources of the House of 
Representatives.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hart Mountain Transfer Act of 
1998''.

SEC. 2. TRANSFERS OF ADMINISTRATIVE JURISDICTION OVER PARCELS OF LAND 
              ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT AND THE 
              UNITED STATES FISH AND WILDLIFE SERVICE.

    (a) Transfer From the Bureau of Land Management to the United 
States Fish and Wildlife Service.--
            (1) In general.--Administrative jurisdiction over the 
        parcels of land identified for transfer to the United States 
        Fish and Wildlife Service on the map entitled ``Hart Mountain 
        Jurisdictional Transfer'', dated February 26, 1998, comprising 
        approximately 12,100 acres of land in Lake County, Oregon, 
        located adjacent to or within the Hart Mountain National 
        Antelope Refuge, is transferred from the Bureau of Land 
        Management to the United States Fish and Wildlife Service.
            (2) Inclusion in refuge.--The parcels of land described in 
        paragraph (1) shall be included in the Hart Mountain National 
        Antelope Refuge.
            (3) Withdrawal.--Subject to valid existing rights, the 
        parcels of land described in paragraph (1)--
                    (A) are withdrawn from--
                            (i) surface entry under the public land 
                        laws;
                            (ii) leasing under the mineral leasing laws 
                        and Geothermal Steam Act of 1970 (30 U.S.C. 
                        1001 et seq.); and
                            (iii) location and entry under the mining 
                        laws; and
                    (B) shall be treated as parcels of land subject to 
                the provisions of Executive Order No. 7523 of December 
                21, 1936, as amended by Executive Order No. 7895 of May 
                23, 1938, and Presidential Proclamation No. 2416 of 
                July 25, 1940, that withdrew parcels of land for the 
                Hart Mountain National Antelope Refuge.
            (4) Management.--The land described in paragraph (1) shall 
        be included in the Hart Mountain National Antelope Refuge and 
        managed in accordance with the National Wildlife Refuge System 
        Administration Act of 1966 (16 U.S.C. 668dd et seq.), and other 
        applicable law and with management plans and agreements between 
        the Bureau of Land Management and the United States Fish and 
        Wildlife Service for the Hart Mountain Refuge.
    (b) Continued Management of Guano Creek Wilderness Study Area by 
the Bureau of Land Management.--
            (1) In general.--The parcels of land identified for 
        cooperative management on the map entitled ``Hart Mountain 
        Jurisdictional Transfer'', dated February 26, 1998, comprising 
        approximately 10,900 acres of land in Lake County, Oregon, 
        located south of the Hart Mountain National Antelope Refuge, 
        shall be retained under the jurisdiction of the Bureau of Land 
        Management.
            (2) Management.--The parcels of land described in paragraph 
        (1) that are within the Guano Creek Wilderness Study Area Act 
        shall be managed so as not to impair the suitability of the 
        area for designation as wilderness, in accordance with current 
        and future management plans and agreements (including the 
        agreement known as the ``Shirk Ranch Agreement'' dated 
        September 30, 1997), until such date as Congress enacts a law 
        directing otherwise.
    (c) Transfer From the United States Fish and Wildlife Service to 
the Bureau of Land Management.--
            (1) In general.--Administrative jurisdiction over the 
        parcels of land identified for transfer to the Bureau of Land 
        Management on the map entitled ``Hart Mountain Jurisdictional 
        Transfer'', dated February 26, 1998, comprising approximately 
        7,700 acres of land in Lake County, Oregon, located adjacent to 
        or within the Hart Mountain National Antelope Refuge, is 
        transferred from the United States Fish and Wildlife Service to 
        the Bureau of Land Management.
            (2) Removal from refuge.--The parcels of land described in 
        paragraph (1) are removed from the Hart Mountain National 
        Antelope Refuge, and the boundary of the refuge is modified to 
        reflect that removal.
            (3) Revocation of withdrawal.--The provisions of Executive 
        Order No. 7523 of December 21, 1936, as amended by Executive 
        Order No. 7895 of May 23, 1938, and Presidential Proclamation 
        No. 2416 of July 25, 1940, that withdrew the parcels of land 
        for the refuge, shall be of no effect with respect to the 
        parcels of land described in paragraph (1).
            (4) Status.--The parcels of land described in paragraph 
        (1)--
                    (A) are designated as public land; and
                    (B) shall be open to--
                            (i) surface entry under the public land 
                        laws;
                            (ii) leasing under the mineral leasing laws 
                        and the Geothermal Steam Act of 1970 (30 U.S.C. 
                        1001 et seq.); and
                            (iii) location and entry under the mining 
                        laws.
            (5) Management.--The land described in paragraph (1) shall 
        be managed in accordance with the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1701 et seq.) and other 
        applicable law, and the agreement known as the ``Shirk Ranch 
        Agreement'' dated September 30, 1997.
    (d) Map.--A copy of the map described in subsections (a), (b), and 
(c) and such additional legal descriptions as are applicable shall be 
kept on file and available for public inspection in the Office of the 
Regional Director of Region 1 of the United States Fish and Wildlife 
Service, the local District Office of the Bureau of Land Management, 
the Committee on Energy and Natural Resources of the Senate, and the 
Committee on Resources of the House of Representatives.

SEC. 3. KLAMATH MARSH NATIONAL WILDLIFE REFUGE.

    Section 28 of the Act of August 13, 1954 (68 Stat. 718, chapter 
732; 72 Stat. 818; 25 U.S.C. 564w-1), is amended in subsections (f) and 
(g) by striking ``Klamath Forest National Wildlife Refuge'' each place 
it appears and inserting ``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 parcels of public 
  domain land in Lake County, Oregon, to facilitate management of the 
                     land, and for other purposes.

_______________________________________________________________________

                              July 2, 1998

 Reported under authority of the order of the Senate of June 26, 1998, 
                           with an amendment