[Senate Report 105-234]
[From the U.S. Government Publishing Office]
Calendar No. 448
105th Congress Report
SENATE
2d Session 105-234
_______________________________________________________________________
HART MOUNTAIN TRANSFER ACT OF 1998
_______
July 2, 1998.--Ordered to be printed
Filed under authority of the order of the Senate of June 26, 1998
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1807]
The Committee on Energy and Natural Resources, to which was
referred 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, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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(A) are withdrawn from--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''.
Purpose
S. 1807, as ordered reported, would transfer administrative
jurisdiction over certain parcels of public domain land in Lake
County, Oregon, to facilitate management of the land.
Background and Need
In 1932, a group of Oregon ranchers, businessmen,
journalists, and sportsmen came together in Eastern Oregon to
talk about what could be done to address the decline in the
local antelope herds. These individuals came together under the
leadership of the Lakeview Chamber of Commerce, and their work
led to the creation of the Hart Mountain National Antelope
Refuge.
Three years ago, the U.S. Fish and Wildlife Service moved
to reduce grazing on refuge lands. Isolated parcels of refuge
lands are currently surrounded by Bureau of Land Management
(BLM) grazing allotments, and enacting differing range
practices on lands not separated by fences is difficult.
The Fish and Wildlife Service and BLM worked with local
ranchers, the state, and the environmental community to develop
a plan that would improve habitat protections for antelope and
improve the workability of grazing allotments for the local
permittees.
Under S. 1807, all of the outlying refuge parcels would be
transferred to the BLM and become part of the Beaty Butte
grazing allotment, including the highly productive Shirk Ranch
property. In exchange, approximately 10,000 acres of BLM land
on the refuge's south boundary would become part of the Refuge.
In addition, grazing would be excluded from all but a very
small portion of the 10,000 acre Guano Creek BLM Wilderness
Study Area.
Ten miles of Guano Creek riparian habitat would be restored
as a wildlife corridor, critical pronghorn fawning grounds
would no longer be bisected by jurisdictional boundaries, and
the management of water and vegetation at the Shirk Ranch will
make it more conducive for migratory waterfowl.
The cattle grazing that was displaced by the transfer is
being relocated. The MC Beaty Butte Grazing Association will
now be able to graze the irrigated meadows of the Shirk Ranch.
John O'Keeffe's small allotment on Guano Creek was replaced by
an allotment made available by the Nature Conservancy.
Legislative History
S. 1807 was introduced on March 20, 1998 by Senators Wyden
and Smith. The Subcommittee on Forests and Public Land
Management held a hearing on S. 1807 on March 25, 1998. At the
business meeting on May 13, 1998, the Committee on Energy and
Natural Resources ordered S. 1807, as amended, favorably
reported.
Committee Recommendation and Tabulation of Votes
The Committee on Energy and Natural Resources, in open
business session on May 13, 1998, by a unanimous vote of a
quorum present recommends that the Senate pass S. 1807, if
amended as described herein.
The rollcall vote on reporting the measure was 20 yeas, no
nays as follows:
YEAS NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams \1\
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford
Mr. Bingaman
Mr. Akaka
Mr. Dorgan \1\
Mr. Graham \1\
Mr. Wyden
Mr. Johnson
Ms. Landrieu
\1\ Indicates vote by proxy.
Committee Amendment
During consideration of S. 1807, the Committee adopted an
amendment in the nature of a substitute offered by Senators
Wyden and Smith. The amendment clarifies that the Guano Creek
Wilderness Study Area is to be managed so as not to impair the
suitability of the area for wilderness designation. The
amendment also added a provision that modifies the refuge
boundary to reflect the removal of the identified parcels of
land. Finally, the amendment Additionally, changes the name of
the refuge from ``Klamath Forest National Wildlife Refuge'' to
``Klamath Marsh National Wildlife Refuge.''
Section By Section Analysis
Section 1 provides the short title.
Section 2 (a) transfers administrative jurisdiction over
parcels of land administered by the Bureau of Land Management
to the Fish and Wildlife Service.
Paragraph (1) identifies the parcels of land.
Paragraph (2) provides that the parcels of land described
in paragraph (1) shall be included in the Hart Mountain
National Antelope Refuge.
Paragraph (3) states that, subject to valid existing
rights, the parcels of land described in paragraph (1) are
withdrawn from surface entry under public land law, leasing
under mineral leasing laws, location and entry under mineral
laws, and shall be treated as parcels of land subject to the
provisions of the executive orders that originally withdrew
parcels of land for the Hart Mountain National Antelope Refuge.
Paragraph (4) provides that the and 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 and other applicable laws and
with management plans and agreements between the Bureau of Land
Management and the Fish and Wildlife Refuge.
Subsection (b)(1) identifies the parcels of land to be
retained under the jurisdiction of the Bureau of Land
Management.
Paragraph (2) states that 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, and the
Shirk Ranch Agreement dated September 30, 1997.
Subsection (c)(1) transfers administrative jurisdiction
over the parcels of land from the Fish and Wildlife Service to
the Bureau of Land Management.
Paragraph (2) states that the parcels of land described in
paragraph (1) are removed from the Hart Mountain National
Antelope Refuge.
Paragraph (3) provides that the executive orders that
originally withdrew the parcels of land for the refuge are no
longer in effect for the parcels of land described in paragraph
(1).
Paragraph (4) states that the parcels of land described in
paragraph (1) are public land, shall be open to surface entry
under the public land laws, leasing under the mineral leasing
laws, and location and entry under the mining laws.
Paragraph (5) states that the land described in paragraph
(1) shall be managed in accordance with the Federal Land Policy
and Management Act and other applicable law and the Shirk Ranch
Agreement dated September 30, 1997.
Subsection (d) contains standard language concerning filing
of maps.
Section 3 changes the name of wildlife refuge.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 28, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1807, the Hart
Mountain Transfer Act of 1998.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
June E. O'Neill, Director.
Enclosure.
Congressional Budget Office Cost Estimate
S. 1807--Hart Mountain Transfer Act of 1998
CBO estimates that enacting S. 1807 would have no impact on
the federal budget. The bill would not affect direct spending
or receipts; therefore, pay-as-you-go procedures would not
apply. S. 1807 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
S. 1807 would provide for an exchange between the Bureau of
Land Management (BLM) and the U.S. Fish and Wildlife Service
(FWS) of land adjacent to or within the Hart Mountain National
Antelope Refuge in Oregon. Specifically, the bill would
transfer administrative jurisdiction of about 12,100 acres of
BLM land to the FWS in exchange for about 7,700 acres of refuge
property. Property transferred to the refuge would no longer be
available for disposal or commercial use under public land
laws. Land transferred to the BLM would be released from such
restrictions. Finally, the bill would modify the boundaries of
the Hart Mountain refuge to reflect the transfers.
Based on information provided by the BLM, CBO expects that
the agency would use the acreage obtained from the FWS to
satisfy requirements under existing grazing permits. Currently,
this grazing takes place primarily on the acreage that the BLM
would transfer to the FWS, but the irregular boundaries of the
Hart Mountain refuge make it difficult to determine which
agency's land is used for grazing at any given time. The
exchange of property would make it easier to enforce the
existing permits. The bill would not affect the number or
identity of permittees, the amount of grazing that occurs on
federal lands, or the amount of offsetting receipts collected
from grazing fees. We further estimate that neither agency
would incur any additional operating costs as a result of this
legislation.
The CBO staff contact is Deborah Reis. This estimate was
approved by Robert A. Sunshine, Deputy Assistant Director for
Budge Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standings Rules of the Senate, the Committee makes the
following evaluation of the regulatory impact which would be
incurred in carrying out S. 1807.
The bill is not a regulatory measure in the sense of
imposing Government established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little if any additional paperwork would result from the
enactment of S. 1807.
Executive Communications
The legislative report received by the Committee from the
Department of the Interior setting forth Executive agency
recommendations relating to S. 1807 is set forth below:
Office of the Secretary,
U.S. Department of the Interior,
Washington, DC, April 27, 1998.
Hon. Frank H. Murkowski,
Chairman, Senate Committee on Energy and Natural Resources,
Washington, DC.
Dear Mr. Chairman: This letter presents the Department's
position with regard to S. 1807, Hart Mountain Transfer Act of
1998. The Department strongly supports this legislation.
Under the land transfer proposed in S. 1807, the Bureau of
Land Management and the Fish and Wildlife Service would
exchange approximately 22,000 acres of land within and around
the Hart Mountain National Antelope Refuge. The FWS and the BLM
have worked together and with numerous public interests for
more than three years to develop consensus on the
jurisdictional transfer provided in this legislation. The
proposed changes to the Refuge boundary resulting from
enactment of S. 1807 would benefit wildlife, facilitate
ecosystem restoration and management, and reduce administrative
costs. Specifically, the bill would alter the administrative
jurisdiction and grazing practices within or adjacent to the
Refuge as follows:
1. Approximately 12,100 acres of BLM-managed land adjacent
to the Refuge would be transferred to the FWS for inclusion in
the Refuge; as such, they would be withdrawn from surface entry
under the public land laws, mineral leasing, and location under
the mining laws. Grazing would no longer be permitted on this
land.
2. The BLM would continue to manage the approximately
10,900 acres of the Guano Creek Wilderness Study Area (WSA)
under current and future management plans (including the
``Shirk Ranch Agreement'' \1\ and any amendments to that
agreement, which the bill incorporates by reference). Under the
terms of the Shirk Ranch Agreement, grazing would be excluded
from all but a very small portion of the WSA, thus protecting
key wildlife habitat. The displaced grazing use would be
relocated to the Shirk Ranch.
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\1\ The Shirk Ranch Agreement is a land transfer proposal between
the BLM, FWS and MC Grazing Association which became effective
September 30, 1997. This agreement was developed in cooperation with
numerous interested environmental groups, grazing permittees, and
government agencies. It took more than three years to reach consensus
on this issue.
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3. Approximately 7,700 acres now managed by the FWS would
be removed from the Rehige and transferred to the BLM. Grazing
would be permitted on this land. Sec. 2(c)(3) of the bill
revokes the withdrawal of these parcels for the Refuge.
Therefore, these lands would be designated public lands open to
surface entry under the public land laws, mineral leasing, and
location and entry under the mining laws.
Under the terms of the Shirk Ranch Agreement, the
permittees are guaranteed 1,500 animal unit months of forage
each year and more can be used if needed to meet the habitat
management objectives. This area is particularly desirable
because late summer/early fall livestock forage is extremely
limited in this area. This land will provide not only a source
of green forage but also a place to gather the cattle before
moving them back to the Warner Valley. In return, the
permittees are responsible for the irrigation of the property
and maintenance of the ditches. Livestock grazing will be used
as a tool to accomplish habitat management objectives for
migratory waterfowl. These objectives (which are outlined in
the Beaty Butte Allotment Management Plan) call for leaving a
mixture of short, medium, and tall vegetation throughout the
area after the cattle leave to provide optimum habitat for
migrating waterfowl in the fall and spring.
In conclusion, S. 1807 would accomplish a fine-tuning of
boundaries to make management more efficient and make it easier
for the public to identify what land they are using. It would
adjust the boundaries of the Hart Mountain Antelope Refuge and
the BLM lands to follow roads or natural barriers instead of
straight lines on a map. The bill represents a ``win-win''
situation in public land management. In addition to having
strong local support, the proposed transfer would benefit
wildlife, facilitate ecosystem restoration and management, and
reduce administrative expenses. Meeting these objectives is
consistent with the agencies' mission and with the purposes for
which the Refugee was established and is currently managed.
The Department strongly supports S. 1807, however, enclosed
are our suggested amendments to clarify this legislation.
The Office of Management and Budget advises that there is
no objection to the presentation of this report from the
standpoint of the Administration's program.
Sincerely,
Donald Berry,
Acting Assistant Secretary for Fish and Wildlife and Parks.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, S. 1807, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
[25 U.S.C.]
* * * * * * *
Sec. 564w-1. * * *
(a) * * *
(f) [Klamath Forest National Wildlife Refuge;] Klamath
Marsh National Wildlife Refuge Appropriation.--The lands that
comprise the Klamath Marsh shall be a part of the property
selected for sale pursuant to section 564d(a)(3) of this title
to pay members who withdraw from the tribe. Title to such lands
is taken in the name of the United States, effective the
earliest date after September 30, 1959, when the Secretary of
the Interior determines that funds for the payment of the
purchase price are available from the sale of stamps under the
Migratory Bird Hunting Stamp Act of March 16, 1934, as amended
[16 U.S.C.A. Sec. 718 et seq.]. Such lands are designated as
the [Klamath Forest National Wildlife Refuge] Klamath Marsh
National Wildlife Refuge, which shall be administered in
accordance with the law applicable to areas acquired pursuant
to section 4 of the Act of March 16, 1934 (48 Stat. 451), as
amended or supplemented [16 U.S.C.A. Sec. 718d]. Compensation
for said taking shall be the realization value of the lands
determined in accordance with subsection (c) of this section,
and shall be paid out of funds in the Treasury of the United
States, which are authorized to be appropriated for that
purpose.
(g) Homesites.--Any person whose name appears on the final
roll of the tribe, and who has since December 31, 1956,
continuously resided on any lands taken by the United States by
subsections (d) and (f) of this section, shall be entitled to
occupy and use as a homesite for his lifetime a reasonable
acreage of such lands, as determined by the Secretary of
Agriculture, subject to such regulations as the Secretary of
Agriculture may issue to safeguard the administration of the
national forest and as the Secretary of the Interior may issue
to safeguard the administration of the [Klamath Forest National
Wildlife Refuge] Klamath Marsh National Wildlife Refuge.
* * * * * * *