[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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.

           *       *       *       *       *       *       *


                                
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