II

Calendar No. 573

105TH CONGRESS

2D SESSION S. 2106

[Report No. 105–330]

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

SEPTEMBER 14, 1998

Reported by Mr. MURKOWSKI, with an amendment

[Omit the part struck through and insert the part printed in italic]

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Arches National Park

3 Expansion Act of 1998’’.

4 SEC. 2. EXPANSION OF ARCHES NATIONAL PARK, UTAH.

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

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

7 (1) by striking ‘‘That (a) subject to’’ and in8 serting the following:

9 ‘‘SECTION 1. ESTABLISHMENT OF PARK.

10 ‘‘(a) IN GENERAL.—

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

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

13 following:

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

15 the date of enactment of this paragraph, the bound16 ary of the park shall include the area consisting of

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

18 Spring Canyon Addition’, as depicted on the map

19 entitled ‘Boundary Map, Arches National Park, Lost

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

21 and dated April 1997.

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

23 (1) and (2)’’.

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

25 Public Law 92–155 (16 U.S.C. 272a) is amended—
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1 (1) by striking ‘‘SEC. 2. The Secretary’’ and in2 serting the following:

3 ‘‘SEC. 2. ACQUISITION OF PROPERTY.

4 ‘‘(a) IN GENERAL.—The Secretary’’; and

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

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

7 practicable after the date of enactment of this subsection,

8 the Secretary shall transfer jurisdiction over the Federal

9 land contained in the Lost Spring Canyon Addition from

10 the Bureau of Land Management to the National Park

11 Service.’’.

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

13 92–155 (16 U.S.C. 272b) is amended—

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

15 the following:

16 ‘‘SEC. 3. LIVESTOCK GRAZING.

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

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

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

20 ‘‘(1) CONTINUATION OF GRAZING LEASES, PER21 MITS, AND LICENSES.—In the case of any grazing

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

23 Lost Spring Canyon Addition that was issued before

24 the date of enactment of this subsection, the Sec25 retary shall, subject to periodic renewal, continue the
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1 grazing lease, permit, or license for a period equal

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

3 permit, or license as of that date plus the lifetime

4 of any direct descendants of the holder born before

5 that date.

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

7 license described in paragraph (1) shall be perma8 nently retired at the end of the period described in

9 paragraph (1).

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

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

12 (or descendant of the holder) of a grazing lease, per13 mit, or license shall be entitled to renew the lease,

14 permit, or license periodically, subject to such limita15 tions, conditions, or regulations as the Secretary

16 may prescribe.

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

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

19 period described in paragraph (1) only on the condi20 tion that the purchaser shall, immediately upon ac21 quisition, permanently retire the lease, permit, or li22 cense.

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

24 subsection affects other provisions concerning leases,

25 permits, or licenses under the Act of June 28, 1934
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1 (commonly known as the ‘Taylor Grazing Act’) (48

2 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.).

3 ‘‘(6) ADMINISTRATION.—Any portion of a graz4 ing lease, permit, or license with respect to land in

5 the Lost Spring Canyon Addition shall be adminis6 tered by the National Park Service.’’.

7 (d) WITHDRAWAL FROM MINERAL ENTRY AND

8 LEASING; PIPELINE MANAGEMENT.—Section 5 of Public

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

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

11 Service’’ and inserting the following:

12 ‘‘SEC. 5. ADMINISTRATION, PROTECTION, AND DEVELOP13 MENT.

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

15 Park Service’’; and

16 (1) by striking subsection (a) and inserting the

17 following:

18 ‘‘(a) IN GENERAL.—The Secretary shall administer,

19 protect and develop the park in accordance with the provi20 sions of the law generally applicable to units of the National

21 Park System, including the Act entitled ‘An Act to establish

22 a National Park Service, and for other purposes’, approved

23 August 25, 1916 (39 Stat. 535)’’; and

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

25 following:
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1 ‘‘(b) LOST SPRING CANYON ADDITION.—

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

3 rights, all Federal land in the Lost Spring Canyon

4 Addition is appropriated and withdrawn from entry,

5 location, selection, leasing, or other disposition under

6 the public land laws (including the mineral leasing

7 laws).

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

9 Spring Canyon Addition in the park shall not affect

10 the operation or maintenance by the Northwest

11 Pipeline Corporation (or its successors or assigns) of

12 the natural gas pipeline and related facilities located

13 in the Lost Spring Canyon Addition on the date of

14 enactment of this paragraph.’’.

15 (e) EFFECT ON SCHOOL TRUST LAND.—

16 (1) FINDINGS.—Congress finds that—

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

18 more specifically described as section 16, town19 ship 23 south, range 22 east, of the Salt Lake

20 base and meridian, is partially contained within

21 the Lost Spring Canyon Addition included with22 in the boundaries of Arches National Park by

23 the amendment by subsection (a);

24 (B) the parcel was originally granted to

25 the State of Utah for the purpose of generating
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1 revenue for the public schools through the de2 velopment of natural and other resources lo3 cated on the parcel; and

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

5 Utah and the United States for the parcel to be

6 exchanged for Federal land of equivalent value

7 outside the Lost Spring Canyon Addition to

8 permit Federal management of all lands within

9 the Lost Spring Canyon Addition.

10 (2) LAND EXCHANGE.—Public Law 92–155 (16

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

12 the following:

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

14 LAND.

15 ‘‘(a) EXCHANGE REQUIREMENT.—

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

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

18 accordance with this section, the State of Utah of19 fers to transfer all right, title, and interest of the

20 State in and to the school trust land described in

21 subsection (b)(1) to the United States, the Sec22 retary—

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

24 United States; and
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1 ‘‘(B) not later than 180 days after the

2 date of acceptance, shall convey to the State of

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

4 States in and to the land described in sub5 section (b)(2).

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

7 the school trust land shall be conveyed at the same

8 time as conveyance of title to the Federal lands by

9 the Secretary.

10 ‘‘(3) VALID EXISTING RIGHTS.—The land ex11 change under this section shall be subject to valid

12 existing rights, and each party shall succeed to the

13 rights and obligations of the other party with respect

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

15 the exchanged land.

16 ‘‘(b) DESCRIPTION OF PARCELS.—

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

18 land to be conveyed by the State of Utah under sub19 section (a) is section 16, Township 23 South, Range

20 22 East of the Salt Lake base and meridian.

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

22 land to be conveyed by the Secretary consists of ap23 proximately 639 acres, described as lots 1 through

12 located in the S1⁄2N1⁄2 and the N1⁄2N1⁄2N1⁄2S1 24 ⁄2
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1 of section 1, Township 25 South, Range 18 East,

2 Salt Lake base and meridian.

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

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

5 of equivalent value to that of the school trust land

6 described in paragraph (1).

7 ‘‘(c) MANAGEMENT BY STATE.—

8 ‘‘(1) IN GENERAL.—At least 60 days before un9 dertaking or permitting any surface disturbing ac10 tivities to occur on land acquired by the State of

11 Utah under this section, the State shall consult with

12 the Utah State Office of the Bureau of Land Man13 agement concerning the extent and impact of such

14 activities on Federal land and resources and con15 duct, in a manner consistent with Federal law, in16 ventory, mitigation, and management activities in

17 connection with any archaeological, paleontological,

18 and cultural resources located on the acquired lands.

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

20 the extent that it is consistent with applicable law

21 governing the use and disposition of State school

22 trust land, the State shall preserve existing grazing,

23 recreational, and wildlife uses of the acquired lands

24 in existence on the date of enactment of this section.
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1 ‘‘(3) ACTIVITIES AUTHORIZED BY MANAGEMENT

2 PLAN.—Nothing in this subsection precludes the

3 State of Utah from authorizing or undertaking a

4 surface or mineral activity that is authorized by a

5 land management plan for the acquired land.

6 ‘‘(d) IMPLEMENTATION.—Administrative actions nec7 essary to implement the land exchange under this section

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

9 of enactment of this section.’’.

Calendar No. 573

105TH CONGRESS

2D SESSION S. 2106

[Report No. 105–330]

A BILL

To expand the boundaries of Arches National Park,

for other purposes.Fish Seep Draw owned by the State of Utah, andLand Management, and to include a portion ofthat are under the jurisdiction of the Bureau ofUtah, to include portions of certain drainages

SEPTEMBER 14, 1998

Reported with an amendment