[105th Congress Public Law 329]
[From the U.S. Government Printing Office]
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[DOCID: f:publ329.105]
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ARCHES NATIONAL PARK EXPANSION ACT OF 1998
[[Page 112 STAT. 3060]]
Public Law 105-329
105th Congress
An Act
To expand the boundaries of Arches National Park, Utah, to include
portions of certain drainages that are under <<NOTE: Oct. 30,
1998 - [S. 2106]>> the jurisdiction of the Bureau of Land Management,
and to include a portion of Fish Seep Draw owned by the State of Utah,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Arches National
Park Expansion Act of 1998.>>
SECTION 1. SHORT TITLE. <<NOTE: 16 USC 272 note.>>
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:
<<NOTE: Effective date.>> ``(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--
[[Page 112 STAT. 3061]]
(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 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
[[Page 112 STAT. 3062]]
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.-- <<NOTE: 16 USC 272g note.>>
(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. <<NOTE: 16 USC
272g.>>
``(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) <<NOTE: Deadline.>> 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).
[[Page 112 STAT. 3063]]
``(c) Management by State.--
``(1) In general.--At least 60 days before undertaking or
permitting any surface disturbing activities to occur on land
acquired by the State of Utah under this section, the State
shall consult with the Utah State Office of the Bureau of Land
Management concerning the extent and impact of such activities
on Federal land and resources and conduct, in a manner
consistent with Federal law, inventory, mitigation, and
management activities in connection with any archaeological,
paleontological, and cultural resources located on the acquired
lands.
``(2) Preservation of existing uses.--To the extent that it
is consistent with applicable law governing the use and
disposition of State school trust land, the State shall preserve
existing grazing, recreational, and wildlife uses of the
acquired lands in existence on the date of enactment of this
section.
``(3) Activities authorized by management plan.--Nothing in
this subsection precludes the State of Utah from authorizing or
undertaking a surface or mineral activity that is authorized by
a land management plan for the acquired land.
``(d) Implementation.--Administrative actions necessary to implement
the land exchange under this section shall be completed not later than
180 days after the date of enactment of this section.''.
Approved October 30, 1998.
LEGISLATIVE HISTORY--S. 2106 (H.R. 2283):
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HOUSE REPORTS: No. 105-385 accompanying H.R. 2283 (Comm. on Resources).
SENATE REPORTS: No. 105-330 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Oct. 2, considered and passed Senate.
Oct. 10, considered and passed House.
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