105TH CONGRESS

2D SESSION S. 2106

AN ACT

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 subsection (a) and inserting the

9 following:

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

11 protect and develop the park in accordance with the provi12 sions of the law generally applicable to units of the Na13 tional Park System, including the Act entitled ‘An Act to

14 establish a National Park Service, and for other purposes’,

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

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

17 following:

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

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

20 rights, all Federal land in the Lost Spring Canyon

21 Addition is appropriated and withdrawn from entry,

22 location, selection, leasing, or other disposition under

23 the public land laws (including the mineral leasing

24 laws).
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1 ‘‘(2) EFFECT.—The inclusion of the Lost

2 Spring Canyon Addition in the park shall not affect

3 the operation or maintenance by the Northwest

4 Pipeline Corporation (or its successors or assigns) of

5 the natural gas pipeline and related facilities located

6 in the Lost Spring Canyon Addition on the date of

7 enactment of this paragraph.’’.

8 (e) EFFECT ON SCHOOL TRUST LAND.—

9 (1) FINDINGS.—Congress finds that—

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

11 more specifically described as section 16, town12 ship 23 south, range 22 east, of the Salt Lake

13 base and meridian, is partially contained within

14 the Lost Spring Canyon Addition included with15 in the boundaries of Arches National Park by

16 the amendment by subsection (a);

17 (B) the parcel was originally granted to

18 the State of Utah for the purpose of generating

19 revenue for the public schools through the de20 velopment of natural and other resources lo21 cated on the parcel; and

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

23 Utah and the United States for the parcel to be

24 exchanged for Federal land of equivalent value

25 outside the Lost Spring Canyon Addition to
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1 permit Federal management of all lands within

2 the Lost Spring Canyon Addition.

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

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

5 the following:

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

7 LAND.

8 ‘‘(a) EXCHANGE REQUIREMENT.—

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

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

11 accordance with this section, the State of Utah of12 fers to transfer all right, title, and interest of the

13 State in and to the school trust land described in

14 subsection (b)(1) to the United States, the Sec15 retary—

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

17 United States; and

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

19 date of acceptance, shall convey to the State of

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

21 States in and to the land described in sub22 section (b)(2).

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

24 the school trust land shall be conveyed at the same
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1 time as conveyance of title to the Federal lands by

2 the Secretary.

3 ‘‘(3) VALID EXISTING RIGHTS.—The land ex4 change under this section shall be subject to valid

5 existing rights, and each party shall succeed to the

6 rights and obligations of the other party with respect

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

8 the exchanged land.

9 ‘‘(b) DESCRIPTION OF PARCELS.—

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

11 land to be conveyed by the State of Utah under sub12 section (a) is section 16, Township 23 South, Range

13 22 East of the Salt Lake base and meridian.

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

15 land to be conveyed by the Secretary consists of ap16 proximately 639 acres, described as lots 1 through

12 located in the S1⁄2N1⁄2 and the N1⁄2N1⁄2N1⁄2S1 17 ⁄2

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

19 Salt Lake base and meridian.

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

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

22 of equivalent value to that of the school trust land

23 described in paragraph (1).

24 ‘‘(c) MANAGEMENT BY STATE.—
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1 ‘‘(1) IN GENERAL.—At least 60 days before un2 dertaking or permitting any surface disturbing ac3 tivities to occur on land acquired by the State of

4 Utah under this section, the State shall consult with

5 the Utah State Office of the Bureau of Land Man6 agement concerning the extent and impact of such

7 activities on Federal land and resources and con8 duct, in a manner consistent with Federal law, in9 ventory, mitigation, and management activities in

10 connection with any archaeological, paleontological,

11 and cultural resources located on the acquired lands.

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

13 the extent that it is consistent with applicable law

14 governing the use and disposition of State school

15 trust land, the State shall preserve existing grazing,

16 recreational, and wildlife uses of the acquired lands

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

18 ‘‘(3) ACTIVITIES AUTHORIZED BY MANAGEMENT

19 PLAN.—Nothing in this subsection precludes the

20 State of Utah from authorizing or undertaking a

21 surface or mineral activity that is authorized by a

22 land management plan for the acquired land.

23 ‘‘(d) IMPLEMENTATION.—Administrative actions nec24 essary to implement the land exchange under this section
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1 shall be completed not later than 180 days after the date

2 of enactment of this section.’’.

Passed the Senate October 2, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 2106

AN ACT

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