[Congressional Record Volume 148, Number 126 (Tuesday, October 1, 2002)]
[House]
[Pages H6872-H6874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RED ROCK CANYON NATIONAL CONSERVATION AREA PROTECTION AND ENHANCEMENT
ACT OF 2002
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read as follows:
H.R. 4141
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
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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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Nevada (Mr. Gibbons) as the author of this bill to
explain this legislation.
Mr. GIBBONS. Mr. Speaker, I thank the gentleman from Utah (Mr.
Hansen), the chairman of the Committee on Resources, for yielding me
this time to speak on this important piece of legislation.
Mr. Speaker, a previous bill considered by this Congress, the
Southern Nevada Public Land Management Act of 1998, was enacted to
provide for the orderly disposal of Federal lands in Clark County,
Nevada, and to provide for the acquisition of environmentally sensitive
lands in the State. Pursuant to these goals, and to those of the
Recreation and Public Purposes Act, on April 10 of this year I
introduced H.R. 4141 to further enhance the Red Rock Canyon National
Conservation Area.
This legislation will promulgate the exchange of approximately 1,000
acres of private, environmentally-sensitive, mountainous land on the
eastern border of the Red Rock National Conservation Area held by the
Howard Hughes Corporation for approximately 1,000 acres of Bureau of
Land Management lands. In addition, approximately 1,200 acres of BLM
land will be transferred to Clark County to be used as a public park.
The exchange is fully consistent with the objectives of the Southern
Nevada Public Land Management Act to dispose developable Federal lands
in exchange for those that are environmentally sensitive. The land to
be conveyed to the BLM by the Howard Hughes Corporation has
archeological, scenic, and recreational values. The public lands to be
acquired by the Hughes Corporation in exchange are adjacent to the
Hughes Corporate land holdings and lie within the disposable boundaries
identified by the Southern Nevada Public Land Management Act for
development.
Mr. Speaker, Congress recognized the benefit of conveying Federal
lands to local government without compensation for recreational
purposes when it passed the Recreation and Public Purposes Act of 1954.
The transfer of approximately 1,200 acres to Clark County to be used as
a park or part of the trail system meets with the objectives of the
Recreation and Public Purposes Act, as well as the Southern Nevada
Public Land Management Act.
Mr. Speaker, H.R. 4141 is a bill that has strong support of both
Nevada's
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Senators, both of Nevada's Representatives, Clark County, and the city
of Las Vegas.
Further, the Southern Nevada Group of the Sierra Club has stated in a
communication to the Howard Hughes Corporation that they are not
opposed to this bill and that it will be a positive gain for public
holdings, which make this bill a bill to celebrate.
The Howard Hughes Corporation deserves praise for its advocacy of an
exchange that not only benefits their development interests, but also
those of the local public. This sentiment is echoed by longtime
southern Nevada environmentalist Jeff van Ea who said, ``Never in my
history of environmental activism have I seen a developer or
corporation that has been more responsive to orderly environmental-
conscious development than Howard Hughes Corporation. I often say that
they are setting the example for others to follow.''
Mr. Speaker, I want to make it clear that this is probably the last
time that this proposal will come before this body. If this legislation
fails to pass, it is very possible that the Hughes Corporation will
choose a course of planning action that would not be as favorable to
the multiple environmental interests that have expressed their support.
I encourage my colleagues to pass this legislation which blends
development and consideration interests into a wise and sensible
solution for Red Rock Canyon and the citizens of Nevada.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, while H.R. 4141 has been explained by
the majority, the legislation raises a number of concerns. Land
exchanges in Las Vegas have been an ongoing problem. In fact, these
land exchanges have been such a problem that in 1998 Congress enacted
Public Law 105-263 to basically halt land exchanges in this particular
area and, instead, direct that public lands be disposed of by auction
with the proceeds earmarked to the acquisition of conservation and
recreational lands in Nevada.
Mr. Speaker, H.R. 4141 bypasses that policy and appears to reopen
ongoing issues with land exchanges, such as land selection, valuation,
and environmental reviews. The lands that are proposed to be exchanged
by the bill have been altered several times over the past 2 years. With
the high prices being paid for public land sales in Las Vegas, these
lands present a significant economic resource.
An amendment was adopted by the Committee on Resources that made a
number of changes to alleviate the most serious problems with the bill
as introduced. I appreciate the efforts of my colleague, the
gentlewoman from Nevada (Ms. Berkley), to facilitate these improvements
to the bill. It is a better bill today than what was attempted to be
passed just 2 months ago.
While the legislation continues to cut corners and avoid the normal
review and appraisal requirements of land exchange, we will not object
to its passage today. It is our hope that as H.R. 4141 continues
through the legislative process, that further improvements can be made
to the bill.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from Nevada (Ms. Berkley), and I want to thank her for her leadership
and her hard work in making this bill the better bill that it is before
us today.
Ms. BERKLEY. Mr. Speaker, I would like to thank the gentlewoman from
the Virgin Islands for being so sensitive about the needs of my
community.
Mr. Speaker, I rise in support of this legislation. I would like to
thank the gentleman from Nevada for his work on this bill and the
members of the committee on both sides of the aisle for coming up with
a compromise that serves the people that I represent very well.
Mr. Speaker, the Red Rock Canyon National Conservation Area is one of
our Nation's great treasures. Its spectacular views and exciting trails
have provided tremendous enjoyment to the people of Nevada and the
United States. Everyone who visits agrees that Red Rock Canyon must be
protected in its natural state for future generations to come.
Development in Las Vegas now threatens approximately 1,000 acres of
high-ground lands at the eastern edge of Red Rock. This land directly
connects to some of the mountains surrounding Red Rock Canyon, making
protection of this high-ground acreage an important element of the
western Las Vegas Valley view-shed.
While these acres appear to be part of the Red Rock Canyon National
Conservation Area, they are actually owned by the Howard Hughes
Corporation. We are extremely fortunate that the Howard Hughes
Corporation never developed this land. In fact, it is the Howard Hughes
Corporation who has volunteered to forgo development of the high-ground
lands and proposed that the United States acquire title to the land so
that they can be preserved in perpetuity to protect and expand Red
Rock.
This bill would accomplish that acquisition. It would transfer the
high-ground lands to the United States in exchange for the transfer of
other lands of approximately equal value to the corporation. The net
effect will be to expand the Red Rock Canyon area.
The bill also contains a provision that will provide Clark County
with over 1,000 acres of land for the purpose of developing a nature
park. Clark County will construct the trails and the trail heads within
this open space with the intent of leaving portions of the Old Mormon/
Spanish Trail with the regional trail system.
Mr. Speaker, under this bill, our entire community will benefit. The
Federal Government obtains invaluable environmentally-sensitive land,
Clark County obtains a nature park that it will care for, and the
Howard Hughes Corporation obtains lands that it will be able to
develop. As someone that grew up in the southern Nevada area, I cannot
emphasize how beautiful this area is and how important this legislation
is to protect it. My entire community supports this legislation.
Environmental groups, nature lovers, homeowners, and the Howard Hughes
Corporation, have been instrumental in our efforts to preserve Red Rock
Canyon so that future generations of Nevadans and generations to come,
my children and my children's children, and beyond that will all be
able to look up and enjoy Red Rock Canyon just as I did as a child.
{time} 1830
Mrs. CHRISTENSEN. Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion
offered by the gentleman from Utah (Mr. Hansen) that the House suspend
the rules and pass the bill, H.R. 4141, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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