[Congressional Record Volume 144, Number 136 (Friday, October 2, 1998)]
[Senate]
[Pages S11378-S11379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               ARCHES NATIONAL PARK EXPANSION ACT OF 1998

  The Senate proceeded to consider the bill (S. 2106) to expand the 
boundaries of Arches National Park, Utah, to include portions of 
certain drainages 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, which had been reported from the 
Committee on Energy and Natural Resources, with an amendment; as 
follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                                S. 2106

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

     [``SEC. 5. ADMINISTRATION, PROTECTION, AND DEVELOPMENT.

       [``(a) In General.--The Director of the National Park 
     Service''; and]
       (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

[[Page S11379]]

     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.''.

  The committee amendment was agreed to. The bill (S. 2106), as amended 
was considered, read the third time an passed.

                          ____________________