§ 272g. — Land exchange involving school trust land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.''
