S. 2106

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Act of 1998’’.

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

(a) BOUNDARY EXPANSION.—The first section of Public Law

92–155 (16 U.S.C. 272) is amended—

(1) by striking ‘‘That (a) subject to’’ and inserting the following:

‘‘SECTION 1. ESTABLISHMENT OF PARK.

‘‘(a) IN GENERAL.— ‘‘(1) INITIAL BOUNDARIES.—Subject to’’; and

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

‘‘(2) EXPANDED BOUNDARIES.—Effective on the date of enactment of this paragraph, the boundary of the park shall include

the area consisting of approximately 3,140 acres and known

as the ‘Lost Spring Canyon Addition’, as depicted on the map

entitled ‘Boundary Map, Arches National Park, Lost Spring

Canyon Addition’, numbered 138/60,000–B, and dated April

1997.

‘‘(3) MAPS.—The maps described in paragraphs (1) and

(2)’’.

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

92–155 (16 U.S.C. 272a) is amended—

(1) by striking ‘‘SEC. 2. The Secretary’’ and inserting the

following:

‘‘SEC. 2. ACQUISITION OF PROPERTY.

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

(2) by adding at the end the following:

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

after the date of enactment of this subsection, the Secretary shall

transfer jurisdiction over the Federal land contained in the Lost

Spring Canyon Addition from the Bureau of Land Management

to the National Park Service.’’.

(c) LIVESTOCK GRAZING.—Section 3 of Public Law 92–155 (16

U.S.C. 272b) is amended—
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(1) by striking ‘‘SEC. 3. Where’’ and inserting the following:

‘‘SEC. 3. LIVESTOCK GRAZING.

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

(2) by adding at the end the following:

‘‘(b) LOST SPRING CANYON ADDITION.—

‘‘(1) CONTINUATION OF GRAZING LEASES, PERMITS, AND

LICENSES.—In the case of any grazing lease, permit, or license

with respect to land in the Lost Spring Canyon Addition that

was issued before the date of enactment of this subsection,

the Secretary shall, subject to periodic renewal, continue the

grazing lease, permit, or license for a period equal to the

lifetime of the holder of the grazing lease, permit, or license

as of that date plus the lifetime of any direct descendants

of the holder born before that date.

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

described in paragraph (1) shall be permanently retired at

the end of the period described in paragraph (1).

‘‘(3) PERIODIC RENEWAL.—Until the expiration of the period

described in paragraph (1), the holder (or descendant of the

holder) of a grazing lease, permit, or license shall be entitled

to renew the lease, permit, or license periodically, subject to

such limitations, conditions, or regulations as the Secretary

may prescribe.

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

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

paragraph (1) only on the condition that the purchaser shall,

immediately upon acquisition, permanently retire the lease,

permit, or license.

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

affects other provisions concerning leases, permits, or licenses

under the Act of June 28, 1934 (commonly known as the ‘Taylor

Grazing Act’) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et

seq.).

‘‘(6) ADMINISTRATION.—Any portion of a grazing lease, permit, or license with respect to land in the Lost Spring Canyon

Addition shall be administered by the National Park Service.’’.

(d) WITHDRAWAL FROM MINERAL ENTRY AND LEASING; PIPELINE

MANAGEMENT.—Section 5 of Public Law 92–155 (16 U.S.C. 272d)

is amended—

(1) by striking subsection (a) and inserting the following:

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

develop the park in accordance with the provisions of the law

generally applicable to units of the National Park System, including

the Act entitled ‘An Act to establish a National Park Service,

and for other purposes’, approved August 25, 1916 (39 Stat. 535).’’;

and

(2) by striking subsection (b) and inserting the following:

‘‘(b) LOST SPRING CANYON ADDITION.—

‘‘(1) WITHDRAWAL.—Subject to valid existing rights, all Federal land in the Lost Spring Canyon Addition is appropriated

and withdrawn from entry, location, selection, leasing, or other

disposition under the public land laws (including the mineral

leasing laws).

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

Addition in the park shall not affect the operation or maintenance by the Northwest Pipeline Corporation (or its successors
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or assigns) of the natural gas pipeline and related facilities

located in the Lost Spring Canyon Addition on the date of

enactment of this paragraph.’’.

(e) EFFECT ON SCHOOL TRUST LAND.—

(1) FINDINGS.—Congress finds that—

(A) a parcel of State school trust land, more specifically

described as section 16, township 23 south, range 22 east,

of the Salt Lake base and meridian, is partially contained

within the Lost Spring Canyon Addition included within

the boundaries of Arches National Park by the amendment

by subsection (a);

(B) the parcel was originally granted to the State of

Utah for the purpose of generating revenue for the public

schools through the development of natural and other

resources located on the parcel; and

(C) it is in the interest of the State of Utah and

the United States for the parcel to be exchanged for Federal

land of equivalent value outside the Lost Spring Canyon

Addition to permit Federal management of all lands within

the Lost Spring Canyon Addition.

(2) LAND EXCHANGE.—Public Law 92–155 (16 U.S.C. 272

et seq.) is amended by adding at the end the following:

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

‘‘(a) EXCHANGE REQUIREMENT.—

‘‘(1) IN GENERAL.—If, not later than 1 year after the date

of enactment of this section, and in accordance with this section,

the State of Utah offers to transfer all right, title, and interest

of the State in and to the school trust land described in subsection (b)(1) to the United States, the Secretary—

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

States; and

‘‘(B) not later than 180 days after the date of acceptance, shall convey to the State of Utah all right, title,

and interest of the United States in and to the land

described in subsection (b)(2).

‘‘(2) SIMULTANEOUS CONVEYANCES.—Title to the school trust

land shall be conveyed at the same time as conveyance of

title to the Federal lands by the Secretary.

‘‘(3) VALID EXISTING RIGHTS.—The land exchange under

this section shall be subject to valid existing rights, and each

party shall succeed to the rights and obligations of the other

party with respect to any lease, right-of-way, or permit

encumbering the exchanged land.

‘‘(b) DESCRIPTION OF PARCELS.—

‘‘(1) STATE CONVEYANCE.—The school trust land to be conveyed by the State of Utah under subsection (a) is section

16, Township 23 South, Range 22 East of the Salt Lake base

and meridian.

‘‘(2) FEDERAL CONVEYANCE.—The Federal land to be conveyed by the Secretary consists of approximately 639 acres,

described as lots 1 through 12 located in the S1⁄2N1⁄2 and

the N1⁄2N1⁄2N1⁄2S1⁄2 of section 1, Township 25 South, Range

18 East, Salt Lake base and meridian.

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

paragraph (2) shall be considered to be of equivalent value

to that of the school trust land described in paragraph (1).
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‘‘(c) MANAGEMENT BY STATE.—

‘‘(1) IN GENERAL.—At least 60 days before undertaking

or permitting any surface disturbing activities to occur on land

acquired by the State of Utah under this section, the State

shall consult with the Utah State Office of the Bureau of

Land Management concerning the extent and impact of such

activities on Federal land and resources and conduct, in a

manner consistent with Federal law, inventory, mitigation, and

management activities in connection with any archaeological,

paleontological, and cultural resources located on the acquired

lands.

‘‘(2) PRESERVATION OF EXISTING USES.—To the extent that

it is consistent with applicable law governing the use and

disposition of State school trust land, the State shall preserve

existing grazing, recreational, and wildlife uses of the acquired

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

‘‘(3) ACTIVITIES AUTHORIZED BY MANAGEMENT PLAN.—Nothing in this subsection precludes the State of Utah from authorizing or undertaking a surface or mineral activity that is authorized by a land management plan for the acquired land.

‘‘(d) IMPLEMENTATION.—Administrative actions necessary to

implement the land exchange under this section shall be completed

not later than 180 days after the date of enactment of this section.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.