[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[House]
[Pages H10554-H10556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ARCHES NATIONAL PARK EXPANSION ACT OF 1997
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2283) to expand the boundaries of Arches National Park in
the State of Utah to include portions of the following drainages, Salt
Wash, Lost Spring Canyon, Fish Sheep Draw, Clover Canyon, Cordova
Canyon, Mine Draw, and Cottonwood Wash, which are currently under the
jurisdiction of the Bureau of Land Management, and to include a portion
of Fish Sheep Draw, which is currently owned by the State of Utah, as
amended.
The Clerk read as follows:
H.R. 2283
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H10555]]
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 following 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 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.''.
(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 adding at the end the
following new sentences: ``As soon as possible after the date
of the enactment of the Arches National 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 Service. The lands included in the park
pursuant to the Arches National Park Expansion Act of 1997
shall be administered in accordance with the laws and
regulations applicable to the park.''.
(c) Proctection 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 subsection:
``(b)(1) In the case of any grazing lease, permit, or
license with respect to lands within the Lost Spring Canyon
Addition that was issued before the date of the enactment of
the Arches National Park Expansion Act of 1997, the Secretary
of the Interior shall, subject to periodic renewal, 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 before that date. Any such
grazing lease, permit, or license shall be permanently
retired at the end of such period. 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, permit, 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 license
with respect to lands within 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 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
appropriated and withdrawn from entry, location,
selection, leasing, or other disposition under the public
land laws, including the mineral leasing laws.
``(2) 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 the enactment
of the Arches National Park Expansion Act of 1997.''.
(e) Effect on School Trust Lands.--
(1) Findings.--The Congress finds the following:
(A) A parcel of State school trust lands, 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.
(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 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 section:
``SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST LANDS.
``(a) Exchange Requirements.--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 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 meridian.
``(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 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 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 before
undertaking or permitting any surface disturbing activities
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 resources and
conduct, in a manner consistent with Federal laws, inventory,
mitigation, and management activities 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 undertaking surface or mineral
activities authorized by existing or future land management
plans for the acquired lands.
``(d) Implementation.--Administrative actions necessary 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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah [Mr. Hansen] will control 20 minutes.
The Chair recognizes the gentleman from Utah [Mr. Hansen].
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 2283, the Arches National Park Expansion
Act of 1997, which was introduced by my colleague, the gentleman from
Utah [Mr. Cannon].
This worthwhile legislation would expand the boundaries of the park
by approximately 3,140 acres, consisting primarily of public lands
currently managed by the Bureau of Land Management. The expansion,
known as the Lost Spring Canyon Addition, would follow canyons and rims
and natural forms instead of section lines and other manmade features.
This addition to the 73,400-acre Arches National Park adds additional
concentrations of stone arches and numerous geologic features such as
spires, pinnacles, pedestals, and balanced rocks.
Mr. Speaker, I commend my colleague, the gentleman from Utah [Mr.
Cannon], for his work in developing a consensus on H.R. 2283 within the
State of Utah, conservation organizations, the Congress, and the
administration. I urge my colleagues to support this important
legislation.
Mr. Speaker, I yield 5 minutes to the gentleman from Utah [Mr.
Cannon], the sponsor of the bill.
Mr. CANNON. Mr. Speaker, I am pleased today to rise as the sponsor of
the Arches National Park Expansion Act of 1997. I represent Utah's
Third Congressional District, a huge and incredibly scenic district
that is nearly the size of Ohio.
One of the true gems of my district is the Arches National Park.
Arches is world-renowned as the home of hundreds of spectacular stone
arches created by wind and water erosion. This poster depicts one of
those arches, Delicate Arch.
When Arches National Park was created, the park boundaries were drawn
here in Washington using straight lines. But Mother Nature's creations
are not linear. In the northeast corner of the park, the boundary was
drawn through the middle of the arch through Lost Springs Canyon,
leaving it half in
[[Page H10556]]
the park and half outside. Currently, the Bureau of Land Management
manages the upper half of this canyon, while the National Park Service
manages the lower portion.
{time} 2215
This bill will simply move the park boundary to the far edge of the
canyon to include all of Lost Spring Canyon. By doing so, the park
boundary will be redrawn where it should have been originally. In doing
so, this bill adds approximately 3,140 acres to one of our most
spectacular national parks. This is an area of hundred-foot canyon
walls, gentle grass valleys and delicate sandstone arches. This common-
sense boundary adjustment will bring at least 10 new arches under park
protection. It will also have the side benefit of allowing the park to
offer a back-country experience, an aspect that is currently missing.
But this addition does not just make sense aesthetically. It also
makes sense from a management standpoint. The proposed new boundary
will put the National Park Service in charge of an area with clear
geographic division, specifically the rim of a canyon. Visitors, park,
and BLM employees will know where the park ends and BLM land begins.
Part of the proposed addition also includes a section of school trust
land owned by Utah's school children. That section really should be
part of Arches. My staff sat down with the Utah School Trust and the
Bureau of Land Management to find a section of Federal land that could
be traded for the school trust section. A section was identified, and a
trade for that section is in the bill. I believe this is one of the key
provisions of the measure. In Utah we have had a long history of our
school children being forced to bear the burden of Federal land
management decisions. In contrast, this bill protects both the land and
Utah's school children.
We worked long to ensure that this bill had the input of all the
different parties concerned with the park expansion. Comments were
taken from elected officials, local citizens, interest groups,
Government agencies, and a wide variety of groups who cherish this
land. Their opinions were considered carefully during the drafting and
redrafting of this bill. I feel strongly that this bill is a good
balance of the competing interests.
I believe that is why 49 of my colleagues, Republicans and Democrats,
have joined me on this measure. That is why the Utah School Trust,
local officials and I believe a majority of the residents of Grand
County favor this proposal. That is why both the Grand Canyon Trust and
the National Parks and Conservation Association are on board, and that
is why the National Park Service and the administration have indicated
support. This is a pro-environment, pro-open process, pro-park vote
and, most importantly, it is the right thing to do.
Mr. Speaker, I ask for an affirmative vote.
Mr. HANSEN. Mr. Speaker, I submit for the Congressional Record the
attached language that clarifies the operation and maintenance of the
existing natural gas pipeline in Arches National Park and the proposed
Lost Spring Canyon addition to the park.
This language has been agreed to by the majority and minority staffs
of the National Parks and Public Lands Subcommittee, the sponsor of the
bill, Mr. Cannon, the National Park Service, and the operator of the
pipeline.
Section 2(d)(2) provides that the natural gas pipeline currently
located within the boundary of Arches National Park, and that is
located in the Lost Spring Canyon addition to the park, can continue to
be operated and maintained in a manner necessary to achieve compliance
with Federal pipeline safety regulations.
This language does not give the operator of the pipeline authority to
expand the pipeline's current capacity, replace the pipeline, or
construct new facilities. Section 2(d)(2) simply recognizes that the
operator is bound by the Federal pipeline safety law and implementing
regulations to maintain certain safety standards. The committee
believes the operator should not be forced into a position where the
operator is in violation of those requirements and where the safe
operation of the pipeline is jeopardized.
For example, safety regulations require that pipeline operators
maintain certain levels of cathodic protection along pipelines to
protect against corrosion. Cathodic protection involves the creation of
a small electrical current along the pipe to counter the current that
naturally occurs between the pipe and the soil. By neutralizing this
natural current, corrosion of the pipe is avoided. The committee
understands that the pipeline operator now maintains a cathodic
protection facility in the Lost Spring Canyon addition to the park.
This language insures that such facility could continue to operate if
retaining a facility in this area is necessary to achieve the levels of
cathodic protection required by Federal regulation.
The committee understands that the National Park Service periodically
renews the permit governing the operation of the pipeline located
within the park. This language in no way is intended to interfere with
the National Park Service's ability to require operation of the
pipeline in a manner that minimizes its impact on the park. Again, the
language is intended to ensure that the pipeline operator is not forced
to operate the pipeline in a manner that is unsafe and inconsistent
with Federal law and regulations governing safety.
Mr. COOK. Mr. Speaker, I rise in support of H.R. 2283, the Arches
National Park Expansion Act. This bill simply expands the existing
national park by 3,140 acres to include scenic wonders that were left
out when the park boundaries were drawn 25 years ago. These sites
belong in the park and should have been included the first time around.
Let me give you an example: Lost Spring Canyon is a spectacular canyon.
Nature has carved at least 10 arches in the walls of this dramatic
canyon. Yet, only a small portion of the canyon is part of the Arches
National Park. The rest was cut out because park boundaries were drawn
along sectional lines. This bill now brings the entire canyon into the
park.
This is an inexpensive, practical move that has the broad support of
the people in my district and my State. I urge the passage of H.R.
2283. Thank you. I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Callahan). The question is on the motion
offered by the gentleman from Utah [Mr. Hansen] that the House suspend
the rules and pass the bill, H.R. 2283, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to expand
the boundaries of Arches National Park in the State of Utah to include
portions of the following drainages: Salt Wash, Lost Spring Canyon,
Fish Seep Draw, Clover Canyon, Cordova Canyon, Mine Draw, and
Cottonwood Wash, which are currently under the jurisdiction of the
Bureau of Land Management, and to include a portion of Fish Seep Draw,
which is currently owned by the State of Utah.''.
A motion to reconsider was laid on the table.
____________________