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







107th CONGRESS
  2d Session
                                H. R. 4141

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2002

 Mr. Gibbons introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
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 ``Red Rock Enhancement Act'', dated February 12, 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 1071 
        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 of its right, title, and interest in and to 
the property 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 60 
days after the date of the offer, unconditionally and without 
limitation, except as otherwise provided in this Act, make the 
following conveyances:
            (1) To the Corporation, the Federal lands depicted on the 
        Red Rock Map as ``BLM LANDS SELECTED FOR EXCHANGE''.
            (2) To Clark County, Nevada, the 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 under this section 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) Lands Transferred to Clark County.--As a condition of any 
conveyance under subsection (a)(2), the Secretary shall require that--
            (1) 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
            (2) 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 paragraph (1), such lands 
        shall revert to the United States.
    (e) Equal Value Exchange.--Based on the appraisals thereof made for 
purposes of the exchange under this section, the Federal property and 
the private property to be exchanged are deemed to be of equal value, 
and no additional valuation determinations are required.

SEC. 5. STATUS AND MANAGEMENT OF ACQUIRED LANDS.

    (a) Inclusion and Boundary Adjustment.--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.
    (b) 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) Relationship to Other Laws.--Implementation of this Act--
            (1) shall not be considered a major Federal action 
        significantly affecting the quality of the environment under 
        section 102 of the National Environmental Policy Act of 1969 
        (42 U.S.C. 4332);
            (2) does not require the preparation of an environmental 
        assessment in accordance with that Act (42 U.S.C. 4321 et 
        seq.); and
            (3) does not require further consideration or action 
        pursuant to the National Historic Preservation Act (16 U.S.C. 
        470 et seq.), or any other law or Executive order.
    (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 existing laws or administrative actions, the 
Secretary shall withdraw the Federal lands acquired by the United 
States under this Act from operation of the public land and mining 
laws, subject to valid existing rights.
                                 <all>