[Senate Report 105-330]
[From the U.S. Government Publishing Office]
Calendar No. 573
105th Congress Report
SENATE
2d Session 105-330
_______________________________________________________________________
ARCHES NATIONAL PARK EXPANSION ACT OF 1998
_______
September 14, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2106]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2106) 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, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
On page 5, strike lines 8 through 13 and insert:
``(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''
Purpose of the Measure
The purpose of S. 2106; as ordered reported, is to expand
the boundaries of Arches National Park in Utah by approximately
3,140 acres.
Background and Need
Arches National Monument located in Grand County, Utah, was
designated by presidential proclamation in 1929 and enlarged by
proclamation three more times until 1971, when Congress
designated the Monument as a National Park. The 73,379 acre
National Park contains one of the Nation's largest
concentrations of natural stone pinnacles, pedestals, and
balanced rocks.
S. 2106 would expand the boundaries of Arches National Park
by approximately 3,140 acres. The Bureau of Land Management
(BLM) administers 3,108 acres and the remaining 32 acres are
owned by the State of Utah's School and Institutional Trust
Land Administration (Trust Lands). This legislation provides
for the exchange of the Trust Lands for lands under the
jurisdiction of the BLM. The boundaries of Arches National Park
would be adjusted to incorporate the 3,140 acres.
The area known as the Lost Spring Canyon addition is
adjacent to the park's northeast corner and shares a common
boundary with the park. The proposed new park boundary would
follow canyon rims and natural forms instead of section lines
and man-made features. The addition contains areas commonly
known as Upper Salt Wash, Lost Spring Canyon, Fish Seep Draw,
Clover Canyon, Cordova Canyon, Mine Draw, and Cottonwood Wash.
Theupper and lower canyons are of the same quality and form a
geographic unit, and a natural extension of the park. Most of the
proposed addition is currently managed by the BLM as a Wilderness Study
Area.
Under this legislation, the operation and management of
Northwest Corporation's natural gas pipeline which crosses the
addition would not be affected and existing grazing practices
would be protected within the addition for the lifetime of the
one permittee and his direct descendants.
Legislative History
S. 2106 was introduced by Senators Bennett and Hatch on May
21, 1998 and referred to the Committee on Energy and Natural
Resources. The Subcommittee on National Parks, Historic
Preservation, and Recreation held a hearing on S. 2106 on July
9, 1998.
At its business meeting on July 29, 1998, the Committee on
Energy and Natural Resources ordered S. 2106, as amended,
favorably reported.
Committee Recommendation and Tabulation of Votes
The Committee on Energy and Natural Resources, in open
business session on July 29, 1998, by a unanimous voice vote of
a quorum present, recommends that the Senate pass S. 2106, if
amended as described herein.
Committee Amendments
During the consideration of S. 2106, the Committee adopted
three clarifying amendments. Amendment #1 deleted a requirement
in the newly-added section 8(d) which would have mandated
deadlines for completion of a land exchange between the United
States and the State of Utah. Deletion of this provision avoids
inconsistent references with other time frame referenced in the
bill. Amendment #2 corrects the legal description of Federal
lands to be conveyed to the State of Utah. Amendment #3
clarifies that all law applicable to units of the National Park
System apply to Arches National Park, not just the National
Park Service Organic Act. The amendment also standardizes the
language to conform it to that used for units of the National
Park System that have been established over the past two
decades.
Section by Section Analysis
Section 1 designates the bill's short title as the ``Arches
National Park Expansion Act of 1998''.
Section 2 amends Public Law 92-155, the enabling Act for
Arches National Park, and directs the Secretary of the Interior
(Secretary) to transfer jurisdiction of approximately 3,140
acres in Lost Spring Canyon from the Bureau of Land Management
to the National Park Service. The lands are depicted on a map
entitled 138/60,000-B, and dated April 1997.
Section 3 amends Public Law 92-155 to allow existing
grazing leases, permits, or licenses in Lost Spring Canyon for
the lifetime of the holder and their direct descendants. This
section allows leases, permits, or licenses to be sold on the
condition that upon acquisition, the new holder would retire
the lease, permit, or license.
Section 5 amends Public Law 92-155 to withdraw from entry,
location,selection, leasing, or other disposition, under the
public land laws, all Federal lands within Lost Spring Canyon subject
to valid existing rights. In addition, this section contains a
provision which provides that the inclusion of Lost Spring Canyon as
part of Arches National Park will not affect the operation or
management of the natural gas pipeline located in the area by the
Northwest Pipeline Corporation.
The section adds a new subsection (e) which describes a
parcel of State School Trust Lands within the Canyon and notes
that it is the best interest for the State of Utah to exchange
State School Trust Land located in Lost Spring Canyon for
Federal land of equal value outside the Canyon.
Section 8 authorizes the transfer of State school trust
land for 639 acres of Federal land described in the bill. The
land exchange would be subject to existing rights of both
parties regarding any lease, right-of-way, or permit. Section 8
directs the State to consider impacts on resources before
disturbing the ground of acquired lands. Consistent with State
school trust land laws, the State shall preserve existing
grazing, recreational and wildlife uses of the acquired lands
in existence on the date of enactment of this section.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 1, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2106, the Arches
National Park Expansion Act of 1998.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Victoria V.
Heid (for federal costs), and Majorie Miller (for the state and
local impact).
Sincerely,
June E. O'Neill, Director.
Enclosure.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
S. 2106--Arches National Park Expansion Act of 1998
CBO estimates that enacting this bill would have no
significant impact on the federal budget. Because S. 2106 would
likely affect direct spending, pay-as-you-go procedures would
apply; however, CBO estimates that such effects would total
less than $100,000 each year. S.2106 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
The exchange authorized by this bill would be voluntary on the
part of the state of Utah, and any impact on state receipts
would be insignificant.
S. 2106 would expand Arches National Park in Utah to
include an additional 3,140 acres. Most of that land is
currently managed by the Bureau of Land Management (BLM), but
about 32 acres is owned by the state of Utah as school trust
land. To implement the expansion, the bill provides that if
Utah offers to convey about 640 acres of state school trust
land, including the 32 acres within the proposed addition, to
the United States, then the Secretary of the Interior must
accept the offer and, in exchange, transfer to the state 639
acres of federal land elsewhere in the same county. Once the
exchange between BLM and the state is completed, the bill would
direct the Secretary to transfer jurisdiction over the 3,140
acres from BLM to the National Park Service (NPS). BLM would
manage the 608 acres of land conveyed by the state that is not
part of the proposed addition to Arches National Park. The
Department of the Interior (DOI) estimates that the lands to be
exchanged are of approximately equal value.
Because the federal budget is on a cash basis, the
budgetary impact of the land exchange is measured by its effect
on the government's cash flow, such as changes in offsetting
receipts from grazing or oil and gas development. S. 2106 would
direct the Secretary to continue any current grazing permits in
the proposed addition for the life of the permittee and his or
her direct descendants. The bill would allow permittees to sell
such grazing permits only if the purchaser permanently retires
the permit. Those provisions could affect grazing fee receipts
from land in the proposed addition, but according to DOI,
current receipts from grazing on the land total less than
$1,000 annually. Therefore CBO estimates that any changes in
grazing fee receipts, which are categorized as direct spending,
would be insignificant.
S. 2106 could also affect offsetting receipts from oil and
gas leases. According to DOI, the federal government currently
receives less than $2,000 in rental fees each year from oil and
gas leases on the 639 acres of BLM land to be conveyed to Utah
under the bill. The 640 acres of state land to be conveyed to
the United States in the exchange also include leases
generating receipts from rental fees each year. None of the
affected leases in the proposed exchange is currently producing
oil or gas, but there is a much higher probability of
development on the federal land that would be conveyed to the
state than there is on the state land that would be acquired by
the federal government. Based on information from BLM and NPS,
CBO estimates that any forgone federal receipts from oil and
gas leases resulting from the exchange between Utah and the
federal government under this bill would total less than
$100,000 each year over the 1999-2003 period.
On November 5, 1997, CBO prepared a cost estimate for H.R.
2283, the Arches National Park Expansion Act of 1997, as
ordered reported by the House Committee on Resources on October
22, 1997. S. 2106 is similar to that bill. Because drilling
permits have been approved recently on federal land adjacent to
the federal land that would be conveyed to the state in this
exchange, it now appears more likely that implementing the
proposed exchange will result in forgone receipts to the
Treasury, but CBO estimates that the bills would affect direct
spending by less than $100,000 each year. Neither bill would
have a significant impact on discretionary outlays.
The CBO staff contacts for this estimate are Victoria V.
Heid (for federal costs), and Marjorie Miller (for the state
and local impact). This estimate was approved by Paul N. Van de
Water, Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2106. The bill is not a regulatory measure in
the sense of imposing Government-established standards of
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from
enactment of S. 2106, as ordered reported.
Executive Communications
The testimony of the Department of the Interior at the
Subcommittee hearing follows:
STATEMENT BY WILLIAM D. SHADDOX, ACTING ASSOCIATE DIRECTOR,
PROFESSIONAL SERVICES, THE NATIONAL PARK SERVICE, DEPARTMENT OF THE
INTERIOR
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to appear before you to address S. 2106, a bill
to expand the boundaries of Arches National Park by adding an
area known as the Lost Spring Canyon Addition. This legislation
builds on legislation introduced in the House, H.R. 2283. That
legislation has been amended and referred to the Senate. We
support this bill, as we did the House bill, if it is amended
to address our concerns as outlined below.
Arches National Monument was designated by presidential
proclamation in 1929, enlarged by proclamation three times, and
established by Congress as Arches National Park in 1971. The
park's purpose is to protect one of the largest concentrations
of natural stone arches in the world. The arches and numerous
extraordinary geologic features, such as spires, pinnacles,
pedestals and balanced rocks, are highlighted in striking
foreground and background views created by contrasting colors,
landforms and textures. The park encompasses 73,379 acres, of
which 63,581 acres are recommended for wilderness designation.
If enacted, S. 2106 would expand the boundaries of Arches
National Park, located in Grand County, Utah by approximately
3,140 acres. With the exception of a 31-acre parcel of Utah
School and Institutional Trust Lands, the land is owned by the
Bureau of Land Management (BLM). An exchange agreement will
need to be reached between the state of Utah and BLM to
transfer the state school section now located within the
addition. The state would receive another BLM section of
approximate equal value located elsewhere in the county. With
this completed, all of the land within the addition would be in
Federal ownership, and those BLM lands could then be
transferred to the National Park Service.
Where permits currently exist, existing grazing practices
would be protected within the Addition for the lifetime of the
permittees and their direct descendants. However, the bill
provides for grazing permits in the addition to be purchased
and retired prior to expiration and we hope that a conservation
buyer will be located to complete this transaction after the
bill becomes law. The operation and management of the natural
gas pipeline within the addition would not be affected and
would continue uninterrupted under National Park Service
guidelines.
The area known as the Lost Spring Canyon addition has been
discussed periodically since the 1980s. The National Park
Service completed a resource assessment for the area in 1984 as
part of a statewide BLM wilderness study. The area contains the
upstream sections of the canyon system known as Upper Salt
Wash, its tributary Lost Spring Canyon and several side
canyons. The lower portion of the canyon system is already
within present park boundaries. The proposed addition is a
logical extension of the park since the upper and lower canyons
are of the same outstanding quality and comprise an obvious
geographic unit. It is an intricately eroded system of
multicolored Entrada sandstone canyons with high walls, arches,
domes, alcoves, and amphitheaters. It contains seven documented
arches, including Covert Arch. There are nearly vertical,
narrow slickrock canyon walls, several hundred feet high. Some
of the canyon bottoms contain lush riparian areas. Freshwater
springs and seeps are also present.
The Lost Spring Canyon addition is contiguous with the
park's northeast corner, and shares a common boundary with the
park. The proposed boundary, identified in the legislation,
would follow canyon rims and natural forms instead of section
lines and other manmade features. This geographic boundary is a
natural extension of the park and encompasses most of the
incised canyon system. Using canyon rims as boundaries will
make it easier for park visitors and public land-users to
determine their location, and will provide a logical separation
between park activities and values and adjacent multiple-use
activities.
The Lost Spring Canyon addition is accessible by foot from
existing park trailheads and parking areas. Many visitors to
this area already access it from National Park Service
facilities. Much of the canyon system is visible from several
high-use areas of the park, including the Delicate Arch Trail,
Devils Garden Campground and the park road. The proximity of
the Lost Spring Canyon addition to the park allows for cost-
effective management. Park staff and facilities are already in
place.
Remote and unroaded, the Lost Spring Canyon addition will
provide a backcountry experience currently uncommon in Arches
National Park. Most of the proposed addition is managed by BLM
as a Wilderness Study Area (WSA). The National Park Service
intends to protect the area's wilderness values, and actions
such as road or campground construction will not occur. Most of
the addition, with the exception of the pipeline corridor,
would be incorporated into the wilderness recommendations for
Arches National Park. We do not plan, nor do we anticipate the
need for, road construction in the area. It is expected that
additional trails may be necessary to provide access.
Representatives of the community and local government
support the proposal, as have editorials in several local and
state newspapers. With the provision for the State School Lands
exchange, the State of Utah has also expressed its support.
The additions of these lands to Arches National Park would
enhance the experiences of visitors and provide expanded
protection of these unique geologic resources that tell the
powerful story of the forces and impact of time and weather on
the face of the earth.
In reviewing the legislation, the BLM has provided comments
to us on sections of the bill which require clarification or
correction. They have requested that a new section be added to
the bill that states that the National Park Service will manage
the portion of the acquired lands that are currently within the
Lost Spring Canyon Wilderness Study Area to protect its
wilderness values, and that this protection will remain in
place unless the area is released from the requirements of
Section 603(c) of the Federal Land Policy and Management Act of
1976 by an act of Congress. They have also requested that
section 2(c) be reworded to state that the National Park
Service will administer the portion of the grazing permit
transferred to the park, and that section 8(a) of the bill be
revised to clarify whether the title transfer of State lands
occurs when the Secretary accepts the State's offer, or if the
title transfer occurs at the time of conveyance of Federal
lands to the State after all administrative actions have been
completed.
There are three technical corrections which will need to be
made in the bill. Two of the corrections were identified in our
testimony on H.R. 2283. The third is a result of one of the
differences between the House and Senate versions of the
legislation. The recommended amendments are: Section 8(d)
references deadlines for completion of the exchange that
duplicates previous subsections, and the legal description of
the Federal parcel to be conveyed to the state in section
8(b)(2) is incorrect and should be rewritten. We also believe
the revision of Section 5(a) should be taken a step further so
that it identifies, and is more inclusive of the legal
authorities under which the National Park Service presently
operates. We recommend Section 5(a) be amended to read as
follows: The Director of the National Park Service under the
direction of the Secretary shall administer, protect and
develop the park in accordance with the provisions of 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.
We would be like pleased to work with the Subcommittee to
provide specific language to address all of these issues. That
completes my remarks Mr. Chairman I would be happy to answer
any questions that you may have.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2106, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
(Public Law 92-155, November 12, 1971)
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That (a)
subject to]
SECTION 1. ESTABLISHMENT OF PARK.
(a) In General._
(1) Initial Boundaries._Subject to valid existing
rights, the lands, waters, and interests therein within
the boundary generally depicted on the map entitled
``Boundary Map, Proposed Arches National Park, Utah,''
Numbered RPSSC 138 20, 001E and dated September 1969,
are hereby established as the Arches National Park
(hereinafter referred to as the ``park''). [Such map]
(2) Expanded Boundaries.--Effective on the date of
the 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) shall be on file and available for public
inspections in the offices of the National Park
Service, Department of the Interior.
* * * * * * *
[Sec. 2. The Secretary]
SEC. 2. ACQUISITION OF PROPERTY.
(a) In General._The Secretary is authorized to acquire by
donation, purchase with donated or appropriated funds, transfer
from any Federal agency, exchange or otherwise, the lands and
interests in lands described in the first section of this Act,
except that lands or interests therein owned by the State of
Utah, or any political subdivision thereof, may be acquired
only with the approval of such State or political subdivision.
(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.
Sec. 3. (a) Where
[SEC. 3. LIVESTOCK GRAZING.
(a) In General.--In a case in which any Federal lands
included within the park are legally occupied or utilized on
the date of approval of this Act for grazing purposes, pursuant
to a lease, permit, or license for a fixed term of years issued
or authorized by any department, establishment, or agency of
the United States, the Secretary of the Interior shall permit
the persons holding such grazing privileges or their heirs to
continue in the exercise thereof during the term of the lease,
permit, or license, and one period of renewal thereafter.
(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 the
enactment of the this subsection, 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 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 such 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 thepurchaser shall, immediately upon such
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 any grazing
lease, permit, or license with respect to land in the
Lost Spring Canyon Addition shall be administered by
the National Park Service.
* * * * * * *
Sec. 5. [(a) the National Park Service under the direction
of the Secretary, shall administer, protect, and develop the
park, subject to the provisions of the Act entitled ``An Act to
establish a National Park Service, and for other purposes'',
approved August 25, 1916 (39 Stat. 535).]
(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 15,
1916 (39 Stat. 535).; and
[(b) Within three years from the date of enactment of this
Act, the Secretary of the Interior shall report to the
President, in accordance with subsections 3(c) and 3(d), his
recommendations as the suitability or nonsuitability of any
area within the park for preservation as wilderness, and any
designation of any such area as a wilderness shall be in
accordance with said Wilderness Act.]
(b) Lost Spring Canyon Addition.--
(1) Withdrawal.--Subject to valid existing rights,
Federal lands 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.
(c) 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.
* * * * * * *
SEC. 8. LAND EXCHANGE INVOLVING SCHOOL TRUST LAND.
(a) Exchange Requirement.--
(1) If, not later than one 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 lands.
(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 and 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 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 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.
(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.