[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4141 Engrossed in House (EH)]


  2d Session

                               H. R. 4141

_______________________________________________________________________

                                 AN ACT

To authorize the acquisition by exchange of lands for inclusion in the 
 Red Rock Canyon National Conservation Area, Clark County, Nevada, and 
                          for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 4141

_______________________________________________________________________

                                 AN ACT


 
To authorize the acquisition by exchange of lands for inclusion in the 
 Red Rock Canyon National Conservation Area, Clark County, Nevada, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Red Rock Canyon National 
Conservation Area Protection and Enhancement Act of 2002''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Corporation.--The term ``Corporation'' means The Howard 
        Hughes Corporation, an affiliate of the Rouse Company, with its 
        principal place of business at 10000 West Charleston Boulevard, 
        Las Vegas, Nevada.
            (2) Red rock.--The term ``Red Rock'' means the Red Rock 
        Canyon National Conservation Area, consisting of approximately 
        195,780 acres of public lands in Clark County, Nevada, 
        specially designated for protection in the Red Rock Canyon 
        National Conservation Area Establishment Act of 1990 (16 U.S.C. 
        460ccc et seq.), as depicted on the Red Rock Map.
            (3) Red rock map.--The term ``Red Rock Map'' means the map 
        entitled ``H.R. 4141-Boundary Modifications'', dated July 1, 
        2002.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 3. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) Red Rock is a natural resource of major significance to 
        the people of Nevada and the United States. It must be 
        protected in its natural state for the enjoyment of future 
        generations of Nevadans and Americans, and enhanced wherever 
        possible.
            (2) In 1998, the Congress enacted the Southern Nevada 
        Public Lands Management Act of 1998 (Public Law 105-263), which 
        provided among other things for the protection and enhancement 
        of Red Rock.
            (3) The Corporation owns much of the private land on Red 
        Rock's eastern boundary, and is engaged in developing a large-
        scale master-planned community.
            (4) Included in the Corporation's land holdings are 1,071 
        acres of high-ground lands at the eastern edge of Red Rock. 
        These lands were intended to be included in Red Rock, but to 
        date have not been acquired by the United States. The 
        protection of this high-ground acreage would preserve an 
        important element of the western Las Vegas Valley view-shed.
            (5) The Corporation has volunteered to forgo development of 
        the high-ground lands, and proposes that the United States 
        acquire title to the lands so that they can be preserved in 
        perpetuity to protect and expand Red Rock.
    (b) Purposes.--This Act has the following purposes:
            (1) To accomplish an exchange of lands between the United 
        States and the Corporation that would transfer certain high-
        ground lands to the United States in exchange for the transfer 
        of other lands of approximately equal value to the Corporation.
            (2) To protect Red Rock and to expand its boundaries as 
        contemplated by the Bureau of Land Management, as depicted on 
        the Red Rock Map.
            (3) To further fulfill the purposes of the Southern Nevada 
        Public Lands Management Act of 1998 and the Red Rock Canyon 
        National Conservation Area Establishment Act of 1990.

SEC. 4. RED ROCK LAND EXCHANGE.

    (a) Acquisition Requirement.--If the Corporation offers to convey 
to the United States all right, title, and interest in and to the 
approximately 1,082 acres of nonfederal land owned by the Corporation 
and depicted on the Red Rock Map as ``OFFERED LANDS TO BE INCORPORATED 
INTO NCA'', the Secretary shall accept such offer on behalf of the 
United States, and not later than 90 days after the date of the offer, 
except as otherwise provided in this Act, shall make the following 
conveyances:
            (1) To the Corporation, the approximately 998 acres of 
        Federal lands depicted on the Red Rock Map as ``BLM LANDS 
        SELECTED FOR EXCHANGE''.
            (2) To Clark County, Nevada, the approximately 1,221 acres 
        of Federal lands depicted on the Red Rock Map as ``BLM LANDS 
        FOR CLARK COUNTY PARK''.
    (b) Simultaneous Conveyances.--Title to the private property and 
the Federal property to be conveyed pursuant to this section shall be 
conveyed at the same time.
    (c) Map.--The Secretary shall keep the Red Rock Map on file and 
available for public inspection in the Las Vegas District Office of the 
Bureau of Land Management in Nevada, and the State Office of the Bureau 
of Land Management, Reno, Nevada.
    (d) Conditions--
            (1) Hazardous materials.--As a condition of the conveyance 
        under subsection (a)(1), the Secretary shall require that the 
        Corporation be responsible for removal of and remediation 
        related to any hazardous materials that are present on the 
        property conveyed to the United States under subsection (a).
            (2) Survey.--As a condition of the conveyance under 
        subsection (a)(1), the Secretary shall require that not later 
        than 90 days after the date of the offer referred to in 
        subsection (a), the Corporation shall provide a metes and 
        bounds survey, that is acceptable to the Corporation, Clark 
        County, and the Secretary, of the common boundary between the 
        parcels of land to be conveyed under subsection (a).
            (3) Lands conveyed to clark county.--As a condition of the 
        conveyance under subsection (a)(2), the Secretary shall require 
        that--
                    (A) the lands transferred to Clark County by the 
                United States must be held in perpetuity by the County 
                for use only as a public park or as part of a public 
                regional trail system; and
                    (B) if the County attempts to transfer the lands or 
                to undertake a use on the lands that is inconsistent 
                with their preservation and use as described in 
                subparagraph (A), such lands shall revert to the United 
                States.

SEC. 5. STATUS AND MANAGEMENT OF LANDS.

    (a) Inclusion of Basin Lands.--Upon the date of the enactment of 
this Act, the Secretary shall administer the lands depicted on the Red 
Rock Map as ``Flood Control Detention Basin Lands'', exclusive of those 
lands used for the Corps of Engineers R-4 Detention Basin, as part of 
Red Rock and in accordance with the Red Rock Canyon National 
Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.), 
the Southern Nevada Public Lands Management Act of 1998 (Public Law 
105-263), and all other applicable laws.
    (b) Inclusion of Acquired Lands; Maps Reflecting Boundary 
Adjustments.--Upon acquisition by the United States of lands under this 
Act, the Secretary shall--
            (1) administer the lands as part of Red Rock and in 
        accordance with the Red Rock Canyon National Conservation Area 
        Establishment Act of 1990 (16 U.S.C. 460ccc et seq.), the 
        Southern Nevada Public Lands Management Act of 1998 (Public Law 
        105-263), and all other applicable laws; and
            (2) create new maps showing the boundaries of Red Rock as 
        modified by or pursuant to this Act, and make such maps 
        available for review at the Las Vegas District Office of the 
        Bureau of Land Management and the State Office of the Bureau of 
        Land Management, Reno, Nevada.
    (c) Conforming Amendment.--Section 3(a)(2) of the Red Rock Canyon 
National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-
1(a)(2)) is amended by inserting before the period the following: ``, 
and such additional areas as are included in the conservation area 
pursuant to the Red Rock Canyon National Conservation Area Protection 
and Enhancement Act of 2002''.

SEC. 6. GENERAL PROVISIONS.

    (a) Review of Appraisal.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary shall complete a review of the 
appraisal entitled ``Complete Self-Contained Appraisal Red Rock 
Exchange, Las Vegas, Nevada'', completed on or about June 3, 2002. The 
difference in appraisal values shall be reimbursed to the Secretary by 
the Corporation in accordance with the Southern Nevada Public Lands 
Management Act of 1998.
    (b) Valid Existing Rights.--The land exchange under this Act shall 
be subject to valid existing rights. Each party to which property is 
conveyed under this Act shall succeed to the rights and obligations of 
the conveying party with respect to any lease, right-of-way, permit, or 
other valid existing right to which the property is subject.
    (c) Technical Corrections.--Nothing in this Act prohibits the 
parties to the conveyances under this Act from agreeing to the 
correction of technical errors or omissions in the Red Rock Map.
    (d) Withdrawal of Affected Lands.--To the extent not already 
accomplished under law or administrative action, the Secretary shall 
withdraw from operation of the public land and mining laws, subject to 
valid existing rights--
            (1) those Federal lands acquired by the United States under 
        this Act; and
            (2) those Federal lands already owned by the United States 
        on the date of the enactment of this Act but included within 
        the Red Rock National Conservation Area boundaries by this Act.

            Passed the House of Representatives October 1, 2002.

            Attest:

                                                                 Clerk.