[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

[[Page H6873]]

     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

[[Page H6874]]

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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