IIA
105TH CONGRESS
1ST SESSION
H. R. 2283
IN THE SENATE OF THE UNITED STATES
NOVEMBER 10, 1997
Received
NOVEMBER 13, 1997
Read twice and referred to the Committee on Energy and Natural Resources
AN ACT
To expand the boundaries of Arches National Park in the
State of Utah to include portions of the following drain-
ages: Salt Wash, Lost Spring Canyon, Fish Seep Draw,
Clover Canyon, Cordova Canyon, Mine Draw, and Cot-
tonwood Wash, which are currently under the jurisdiction
of the Bureau of Land Management, and to include
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a portion of Fish Seep Draw, which is currently owned
by the State of Utah.
Be it enacted by the Senate and House of Representa-
tives 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 1997’’.
SEC. 2. EXPANSION OF ARCHES NATIONAL PARK, UTAH.
(a) BOUNDARY EXPANSION.—Subsection (a) of the
first section of Public Law 92–155 (16 U.S.C. 272; 85
Stat. 422) is amended as follows:
(1) By inserting after the first sentence the fol-
lowing new sentence: ‘‘Effective on the date of the
enactment of the Arches National Park Expansion
Act of 1997, the boundary of the park shall also in-
clude the area consisting of approximately 3,140
acres and known as the ‘Lost Spring Canyon Addi-
tion’, as depicted on the map entitled ‘Boundary
Map, Arches National Park, Lost Spring Canyon
Addition’, numbered 138/60,000–B, and dated April
1997.’’.
(2) In the last sentence, by striking ‘‘Such
map’’ and inserting ‘‘Such maps’’.
(b) INCLUSION OF LAND IN PARK.—Section 2 of
Public Law 92–155 (16 U.S.C. 272a) is amended by add-
ing at the end the following new sentences: ‘‘As soon as
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possible after the date of the enactment of the Arches Na-
tional Park Expansion Act of 1997, the Secretary of the
Interior shall transfer jurisdiction over the Federal lands
contained in the Lost Spring Canyon Addition from the
Bureau of Land Management to the National Park Serv-
ice. The lands included in the park pursuant to the Arches
National Park Expansion Act of 1997 shall be adminis-
tered in accordance with the laws and regulations applica-
ble to the park.’’.
(c) PROTECTION OF EXISTING GRAZING PERMIT.—
Section 3 of Public Law 92–155 (16 U.S.C. 272b) is
amended as follows:
(1) By inserting ‘‘(a)’’ before ‘‘Where’’.
(2) By adding at the end the following new sub-
section:
‘‘(b)(1) In the case of any grazing lease, permit, or
license with respect to lands within the Lost Spring Can-
yon Addition that was issued before the date of the enact-
ment of the Arches National Park Expansion Act of 1997,
the Secretary of the Interior shall, subject to periodic re-
newal, continue such lease, permit, or license for a period
of time equal to the lifetime of the permittee as of that
date and any direct descendants of the permittee born be-
fore that date. Any such grazing lease, permit, or license
shall be permanently retired at the end of such period.
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Pending the expiration of such period, the permittee (or
a descendant of the permittee who holds the lease, permit,
or license) shall be entitled to periodically renew the lease,
permit, or license, subject to such limitations, conditions,
or regulations as the Secretary may prescribe.
‘‘(2) Any such grazing lease, permit, or license may
be sold during the period specified in paragraph (1) only
on the condition that the purchaser shall, immediately
upon such acquisition, permanently retire such lease, per-
mit, or license. Nothing in this subsection shall affect
other provisions concerning leases, permits, or licenses
under the Taylor Grazing Act.
‘‘(3) Any portion of any grazing lease, permit, or li-
cense with respect to lands within the Lost Spring Canyon
Addition shall be administered by the National Park Serv-
ice.’’.
(d) WITHDRAWAL
FROM
MINERAL
ENTRY
AND
LEASING; PIPELINE MANAGEMENT.—Section 5 of Public
Law 92–155 (16 U.S.C. 272d) is amended by adding at
the end the following new subsection:
‘‘(c)(1) Subject to valid existing rights, Federal lands
within the Lost Spring Canyon Addition are hereby appro-
priated and withdrawn from entry, location, selection,
leasing, or other disposition under the public land laws,
including the mineral leasing laws.
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‘‘(2) The inclusion of the Lost Spring Canyon Addi-
tion in the park shall not affect the operation or mainte-
nance by the Northwest Pipeline Corporation (or its suc-
cessors or assigns) of the natural gas pipeline and related
facilities located in the Lost Spring Canyon Addition on
the date of the enactment of the Arches National Park
Expansion Act of 1997.’’.
(e) EFFECT ON SCHOOL TRUST LANDS.—
(1) FINDINGS.—The Congress finds the follow-
ing:
(A) A parcel of State school trust lands,
more specifically described as section 16, town-
ship 23 south, range 22 east, of the Salt Lake
base and meridian, is partially contained within
the Lost Spring Canyon Addition included with-
in 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 de-
velopment of natural and other resources lo-
cated on the parcel.
(C) It is in the interest of the State of
Utah and the United States for the parcel to be
exchanged for Federal lands of equivalent value
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outside the Lost Spring Canyon Addition, in
order to permit Federal management of all
lands within the Lost Spring Canyon Addition.
(2) LAND EXCHANGE.—Public Law 92–155 is
amended by adding at the end the following new sec-
tion:
‘‘SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST
LANDS.
‘‘(a) EXCHANGE REQUIREMENT.—If, not later than
one year after the date of the enactment of the Arches
National Park Expansion Act of 1997, 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 parcel
of school trust lands described in subsection (b)(1) to the
United States, the Secretary of the Interior shall accept
the offer on behalf of the United States and, within 180
days after the date of such acceptance, transfer to the
State of Utah all right, title and interest of the United
States in and to the parcel of land described in subsection
(b)(2). Title to the State lands shall be transferred at the
same time as conveyance of title to the Federal lands by
the Secretary of the Interior. The exchange of lands under
this section shall be subject to valid existing rights, and
each party shall succeed to the rights and obligations of
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the other party with respect to any lease, right-of-way, or
permit encumbering the exchanged lands.
‘‘(b) DESCRIPTION OF PARCELS.—
‘‘(1) STATE
CONVEYANCE.—The parcel of
school trust lands 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 me-
ridian.
‘‘(2) FEDERAL
CONVEYANCE.—The parcel of
Federal lands to be conveyed by the Secretary of the
Interior consists of approximately 639 acres and is
identified as lots 1 through 12 located in the
S1⁄2N1⁄2 and the N1⁄2N1⁄2N1⁄2S1⁄2 of section 1, town-
ship 25 south, range 18 east, Salt Lake base and
meridian.
‘‘(3) EQUIVALENT VALUE.—The Federal lands
described in paragraph (2) are of equivalent value to
the State school trust lands described in paragraph
(1).
‘‘(c) MANAGEMENT BY STATE.—At least 60 days be-
fore undertaking or permitting any surface disturbing ac-
tivities to occur on the lands acquired by the State 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 lands and
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resources and conduct, in a manner consistent with Fed-
eral laws, inventory, mitigation, and management activi-
ties in connection with any archaeological, paleontological,
and cultural resources located on the acquired lands. To
the extent consistent with applicable law governing the use
and disposition of State school trust lands, the State shall
preserve existing grazing, recreational, and wildlife uses
of the acquired lands. Nothing in this subsection shall be
construed to preclude the State from authorizing or under-
taking surface or mineral activities authorized by existing
or future land management plans for the acquired lands.
‘‘(d) IMPLEMENTATION.—Administrative actions nec-
essary to implement the land exchange described in this
section shall be completed within 180 days after the date
of the enactment of the Arches National Park Expansion
Act of 1997.’’.
Passed the House of Representatives November 9,
1997.
Attest:
ROBIN H. CARLE,
Clerk.