[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2106 Reported in Senate (RS)]






                                                       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.

    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--
            (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--
        <DELETED>    (1) by striking ``Sec. 5. (a) The National Park 
        Service'' and inserting the following:</DELETED>

<DELETED>``SEC. 5. ADMINISTRATION, PROTECTION, AND 
              DEVELOPMENT.</DELETED>

<DELETED>    ``(a) In General.--The Director of the National Park 
Service''; and</DELETED>
            (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 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 S\1/2\N\1/2\ and the N\1/
        2\N\1/2\N\1/2\S\1/2\ 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).
    ``(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.''.
                                     





                                                       Calendar No. 573

105th CONGRESS

  2d Session

                                S. 2106

                          [Report No. 105-330]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 14, 1998

                       Reported with an amendment