Land exchange involving school trust land

16 U.S.C. § 272g

• Title: 16 — Conservation
• Chapter: SUBCHAPTER XXX—ARCHES NATIONAL PARK

Text

(a) Exchange requirement
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) 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).
Title to the school trust land shall be conveyed at the same time as conveyance of title to the Federal lands by the Secretary.
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
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.
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 S½N½ of such section.
(C) The N½N½N½S½ of such section.
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
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.
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.
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.

History

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

Editorial Notes

Editorial Notes

Amendments
2000—Subsec. (b)(2). Pub. L. 106–176, §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 S½N½ and the N½N½N½S½ of section 1, Township 25 South, Range 18 East, Salt Lake base and meridian."
Subsec. (d). Pub. L. 106–176, §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."

Statutory Notes and Related Subsidiaries

Effect on School Trust Land
Pub. L. 105–329, §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."