II

105TH CONGRESS

2D SESSION S. 2106

To expand the boundaries of Arches National Park, Utah, to include portions

of certain drainages that are under the jurisdiction of the Bureau of

Land Management, and to include a portion of Fish Seep Draw owned

by the State of Utah, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 21, 1998

Mr. BENNETT (for himself and Mr. HATCH) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To expand the boundaries of Arches National Park, Utah,

to include portions of certain drainages that are under

the jurisdiction of the Bureau of Land Management,

and to include a portion of Fish Seep Draw owned

by the State of Utah, 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 ‘‘Arches National Park

5 Expansion Act of 1998’’.
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1 SEC. 2. EXPANSION OF ARCHES NATIONAL PARK, UTAH.

2 (a) BOUNDARY EXPANSION.—The first section of

3 Public Law 92–155 (16 U.S.C. 272) is amended—

4 (1) by striking ‘‘That (a) subject to’’ and in5 serting the following:

6 ‘‘SECTION 1. ESTABLISHMENT OF PARK.

7 ‘‘(a) IN GENERAL.—

8 ‘‘(1) INITIAL BOUNDARIES.—Subject to’’; and

9 (2) by striking ‘‘Such map’’ and inserting the

10 following:

11 ‘‘(2) EXPANDED BOUNDARIES.—Effective on

12 the date of enactment of this paragraph, the bound13 ary of the park shall include the area consisting of

14 approximately 3,140 acres and known as the ‘Lost

15 Spring Canyon Addition’, as depicted on the map

16 entitled ‘Boundary Map, Arches National Park, Lost

17 Spring Canyon Addition’, numbered 138/60,000–B,

18 and dated April 1997.

19 ‘‘(3) MAPS.—The maps described in paragraphs

20 (1) and (2)’’.

21 (b) INCLUSION OF LAND IN PARK.—Section 2 of

22 Public Law 92–155 (16 U.S.C. 272a) is amended—

23 (1) by striking ‘‘SEC. 2. The Secretary’’ and in24 serting the following:

25 ‘‘SEC. 2. ACQUISITION OF PROPERTY.

26 ‘‘(a) IN GENERAL.—The Secretary’’; and
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1 (2) by adding at the end the following:

2 ‘‘(b) LOST SPRING CANYON ADDITION.—As soon as

3 practicable after the date of enactment of this subsection,

4 the Secretary shall transfer jurisdiction over the Federal

5 land contained in the Lost Spring Canyon Addition from

6 the Bureau of Land Management to the National Park

7 Service.’’.

8 (c) LIVESTOCK GRAZING.—Section 3 of Public Law

9 92–155 (16 U.S.C. 272b) is amended—

10 (1) by striking ‘‘SEC. 3. Where’’ and inserting

11 the following:

12 ‘‘SEC. 3. LIVESTOCK GRAZING.

13 ‘‘(a) IN GENERAL.—In a case in which’’; and

14 (2) by adding at the end the following:

15 ‘‘(b) LOST SPRING CANYON ADDITION.—

16 ‘‘(1) CONTINUATION OF GRAZING LEASES, PER17 MITS, AND LICENSES.—In the case of any grazing

18 lease, permit, or license with respect to land in the

19 Lost Spring Canyon Addition that was issued before

20 the date of enactment of this subsection, the Sec21 retary shall, subject to periodic renewal, continue the

22 grazing lease, permit, or license for a period equal

23 to the lifetime of the holder of the grazing lease,

24 permit, or license as of that date plus the lifetime
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1 of any direct descendants of the holder born before

2 that date.

3 ‘‘(2) RETIREMENT.—A grazing lease, permit, or

4 license described in paragraph (1) shall be perma5 nently retired at the end of the period described in

6 paragraph (1).

7 ‘‘(3) PERIODIC RENEWAL.—Until the expiration

8 of the period described in paragraph (1), the holder

9 (or descendant of the holder) of a grazing lease, per10 mit, or license shall be entitled to renew the lease,

11 permit, or license periodically, subject to such limita12 tions, conditions, or regulations as the Secretary

13 may prescribe.

14 ‘‘(4) SALE.—A grazing lease, permit, or license

15 described in paragraph (1) may be sold during the

16 period described in paragraph (1) only on the condi17 tion that the purchaser shall, immediately upon ac18 quisition, permanently retire the lease, permit, or li19 cense.

20 ‘‘(5) TAYLOR GRAZING ACT.—Nothing in this

21 subsection affects other provisions concerning leases,

22 permits, or licenses under the Act of June 28, 1934

23 (commonly known as the ‘Taylor Grazing Act’) (48

24 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.).
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1 ‘‘(6) ADMINISTRATION.—Any portion of a graz2 ing lease, permit, or license with respect to land in

3 the Lost Spring Canyon Addition shall be adminis4 tered by the National Park Service.’’.

5 (d) WITHDRAWAL FROM MINERAL ENTRY AND

6 LEASING; PIPELINE MANAGEMENT.—Section 5 of Public

7 Law 92–155 (16 U.S.C. 272d) is amended—

8 (1) by striking ‘‘SEC. 5. (a) The National Park

9 Service’’ and inserting the following:

10 ‘‘SEC. 5. ADMINISTRATION, PROTECTION, AND DEVELOP11 MENT.

12 ‘‘(a) IN GENERAL.—The Director of the National

13 Park Service’’; and

14 (2) by striking subsection (b) and inserting the

15 following:

16 ‘‘(b) LOST SPRING CANYON ADDITION.—

17 ‘‘(1) WITHDRAWAL.—Subject to valid existing

18 rights, all Federal land in the Lost Spring Canyon

19 Addition is appropriated and withdrawn from entry,

20 location, selection, leasing, or other disposition under

21 the public land laws (including the mineral leasing

22 laws).

23 ‘‘(2) EFFECT.—The inclusion of the Lost

24 Spring Canyon Addition in the park shall not affect

25 the operation or maintenance by the Northwest
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1 Pipeline Corporation (or its successors or assigns) of

2 the natural gas pipeline and related facilities located

3 in the Lost Spring Canyon Addition on the date of

4 enactment of this paragraph.’’.

5 (e) EFFECT ON SCHOOL TRUST LAND.—

6 (1) FINDINGS.—Congress finds that—

7 (A) a parcel of State school trust land,

8 more specifically described as section 16, town9 ship 23 south, range 22 east, of the Salt Lake

10 base and meridian, is partially contained within

11 the Lost Spring Canyon Addition included with12 in the boundaries of Arches National Park by

13 the amendment by subsection (a);

14 (B) the parcel was originally granted to

15 the State of Utah for the purpose of generating

16 revenue for the public schools through the de17 velopment of natural and other resources lo18 cated on the parcel; and

19 (C) it is in the interest of the State of

20 Utah and the United States for the parcel to be

21 exchanged for Federal land of equivalent value

22 outside the Lost Spring Canyon Addition to

23 permit Federal management of all lands within

24 the Lost Spring Canyon Addition.
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1 (2) LAND EXCHANGE.—Public Law 92–155 (16

2 U.S.C. 272 et seq.) is amended by adding at the end

3 the following:

4 ‘‘SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST

5 LAND.

6 ‘‘(a) EXCHANGE REQUIREMENT.—

7 ‘‘(1) IN GENERAL.—If, not later than 1 year

8 after the date of enactment of this section, and in

9 accordance with this section, the State of Utah of10 fers to transfer all right, title, and interest of the

11 State in and to the school trust land described in

12 subsection (b)(1) to the United States, the Sec13 retary—

14 ‘‘(A) shall accept the offer on behalf of the

15 United States; and

16 ‘‘(B) not later than 180 days after the

17 date of acceptance, shall convey to the State of

18 Utah all right, title, and interest of the United

19 States in and to the land described in sub20 section (b)(2).

21 ‘‘(2) SIMULTANEOUS CONVEYANCES.—Title to

22 the school trust land shall be conveyed at the same

23 time as conveyance of title to the Federal lands by

24 the Secretary.
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1 ‘‘(3) VALID EXISTING RIGHTS.—The land ex2 change under this section shall be subject to valid

3 existing rights, and each party shall succeed to the

4 rights and obligations of the other party with respect

5 to any lease, right-of-way, or permit encumbering

6 the exchanged land.

7 ‘‘(b) DESCRIPTION OF PARCELS.—

8 ‘‘(1) STATE CONVEYANCE.—The school trust

9 land to be conveyed by the State of Utah under sub10 section (a) is section 16, Township 23 South, Range

11 22 East of the Salt Lake base and meridian.

12 ‘‘(2) FEDERAL CONVEYANCE.—The Federal

13 land to be conveyed by the Secretary consists of ap14 proximately 639 acres, described as lots 1 through

12 located in the S1⁄2N1⁄2 and the N1⁄2N1⁄2N1⁄2S1 15 ⁄2

16 of section 1, Township 25 South, Range 18 East,

17 Salt Lake base and meridian.

18 ‘‘(3) EQUIVALENT VALUE.—The Federal land

19 described in paragraph (2) shall be considered to be

20 of equivalent value to that of the school trust land

21 described in paragraph (1).

22 ‘‘(c) MANAGEMENT BY STATE.—

23 ‘‘(1) IN GENERAL.—At least 60 days before un24 dertaking or permitting any surface disturbing ac25 tivities to occur on land acquired by the State of
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1 Utah under this section, the State shall consult with

2 the Utah State Office of the Bureau of Land Man3 agement concerning the extent and impact of such

4 activities on Federal land and resources and con5 duct, in a manner consistent with Federal law, in6 ventory, mitigation, and management activities in

7 connection with any archaeological, paleontological,

8 and cultural resources located on the acquired lands.

9 ‘‘(2) PRESERVATION OF EXISTING USES.—To

10 the extent that it is consistent with applicable law

11 governing the use and disposition of State school

12 trust land, the State shall preserve existing grazing,

13 recreational, and wildlife uses of the acquired lands

14 in existence on the date of enactment of this section.

15 ‘‘(3) ACTIVITIES AUTHORIZED BY MANAGEMENT

16 PLAN.—Nothing in this subsection precludes the

17 State of Utah from authorizing or undertaking a

18 surface or mineral activity that is authorized by a

19 land management plan for the acquired land.

20 ‘‘(d) IMPLEMENTATION.—Administrative actions nec21 essary to implement the land exchange under this section

22 shall be completed not later than 180 days after the date

23 of enactment of this section.’’.

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