
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC272g]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
                  SUBCHAPTER XXX--ARCHES NATIONAL PARK
 
Sec. 272g. Land exchange involving school trust land


(a) Exchange requirement

                           (1) In general

        If, not later than 1 year after October 30, 1998, 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) of this section 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) of this section.

                    (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) of this section 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 located in section 1, Township 25 South, 
    Range 18 East, Salt Lake base and meridian, and more fully described 
    as follows:
            (A) Lots 1 through 12.
            (B) The S\1/2\N\1/2\ of such section.
            (C) The N\1/2\N\1/2\N\1/2\S\1/2\ of such section.

                        (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 October 30, 1998.

            (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.

(Pub. L. 92-155, Sec. 8, as added Pub. L. 105-329, Sec. 2(e)(2), Oct. 
30, 1998, 112 Stat. 3062; amended Pub. L. 106-176, title III, Sec. 302, 
Mar. 10, 2000, 114 Stat. 32.)


                               Amendments

    2000--Subsec. (b)(2). Pub. L. 106-176, Sec. 302(1), substituted 
``located in section 1, Township 25 South, Range 18 East, Salt Lake base 
and meridian, and more fully described as follows:'' and subpars. (A) to 
(C) for ``, 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.''
    Subsec. (d). Pub. L. 106-176, Sec. 302(2), struck out heading and 
text of subsec. (d). Text read as follows: ``Administrative actions 
necessary to implement the land exchange under this section shall be 
completed not later than 180 days after October 30, 1998.''


                       Effect on School Trust Land

    Pub. L. 105-329, Sec. 2(e)(1), Oct. 30, 1998, 112 Stat. 3062, 
provided that: ``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) [amending section 
    272 of this title];
        ``(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.''
