[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.

                                
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