[Congressional Record Volume 144, Number 96 (Friday, July 17, 1998)]
[Senate]
[Page S8539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   HART MOUNTAIN TRANSFER ACT OF 1998

  The Senate proceeded to consider the bill (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, which had been reported from the Committee on Energy 
and Natural Resources, with an amendment to strike all after the 
enacting clause and inserting in lieu thereof the following:

                                S. 1807

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

     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       (A) are withdrawn from--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''.

  The committee amendment was agreed to.
  The bill (S. 1807), as amended, was deemed read the third time and 
passed.

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