PUBLIC LAW 107–282—NOV. 6, 2002

CLARK COUNTY CONSERVATION OF PUBLIC

LAND AND NATURAL RESOURCES ACT OF

2002

116 STAT. 1994 PUBLIC LAW 107–282—NOV. 6, 2002

Public Law 107–282

107th Congress

An Act

To establish wilderness areas, promote conservation, improve public land, and provide for high quality development in 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 ‘‘Clark County Conservation

of Public Land and Natural Resources Act of 2002’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Definitions.

Sec. 4. Authorization of appropriations.

TITLE I—RED ROCK CANYON NATIONAL CONSERVATION AREA LAND

EXCHANGE AND BOUNDARY ADJUSTMENT

Sec. 101. Short title.

Sec. 102. Definitions.

Sec. 103. Findings and purposes.

Sec. 104. Red Rock Canyon land exchange.

Sec. 105. Status and management of lands.

Sec. 106. General provisions.

TITLE II—WILDERNESS AREAS

Sec. 201. Findings.

Sec. 202. Additions to National Wilderness Preservation System.

Sec. 203. Administration.

Sec. 204. Adjacent management.

Sec. 205. Military overflights.

Sec. 206. Native American cultural and religious uses.

Sec. 207. Release of wilderness study areas.

Sec. 208. Wildlife management.

Sec. 209. Wildfire management.

Sec. 210. Climatological data collection.

Sec. 211. National Park Service lands.

TITLE III—TRANSFERS OF ADMINISTRATIVE JURISDICTION

Sec. 301. Transfer of administrative jurisdiction to the United States Fish and

Wildlife Service.

Sec. 302. Transfer of administrative jurisdiction to National Park Service.

TITLE IV—AMENDMENTS TO THE SOUTHERN NEVADA PUBLIC LAND

MANAGEMENT ACT

Sec. 401. Disposal and exchange.

TITLE V—IVANPAH CORRIDOR

Sec. 501. Interstate Route 15 south corridor.

Sec. 502. Area of Critical Environmental Concern segregation.

16 USC

460qqq note.

Clark County

Conservation of

Public Land and

Natural

Resources Act of

2002.

Nov. 6, 2002

[H.R. 5200]

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 1995

TITLE VI—SLOAN CANYON NATIONAL CONSERVATION AREA

Sec. 601. Short title.

Sec. 602. Purpose.

Sec. 603. Definitions.

Sec. 604. Establishment.

Sec. 605. Management.

Sec. 606. Sale of Federal parcel.

Sec. 607. Right-of-way.

TITLE VII—PUBLIC INTEREST CONVEYANCES

Sec. 701. Definition of map.

Sec. 702. Conveyance to the University of Nevada at Las Vegas Research Foundation.

Sec. 703. Conveyance to the Las Vegas Metropolitan Police Department.

Sec. 704. Conveyance to the City of Henderson for the Nevada State College at

Henderson.

Sec. 705. Conveyance to the City of Las Vegas, Nevada.

Sec. 706. Sale of Federal parcel.

TITLE VIII—HUMBOLDT PROJECT CONVEYANCE

Sec. 801. Short title.

Sec. 802. Definitions.

Sec. 803. Authority to convey title.

Sec. 804. Payment.

Sec. 805. Compliance with other laws.

Sec. 806. Revocation of withdrawals.

Sec. 807. Liability.

Sec. 808. National Environmental Policy Act.

Sec. 809. Future benefits.

TITLE IX—MISCELLANEOUS PROVISIONS

Sec. 901. Technical amendments to the Mesquite Lands Act 2001.

SEC. 3. DEFINITIONS.

In this Act:

(1) AGREEMENT.—The term ‘‘Agreement’’ means the Agreement entitled ‘‘Interim Cooperative Management Agreement

Between the United States of the Interior Bureau of Land

Management and Clark County’’, dated November 4, 1992.

(2) COUNTY.—The term ‘‘County’’ means Clark County,

Nevada.

(3) SECRETARY.—The term ‘‘Secretary’’ means—

(A) the Secretary of Agriculture with respect to land

in the National Forest System; or

(B) the Secretary of the Interior, with respect to other

Federal land.

(4) STATE.—The term ‘‘State’’ means the State of Nevada.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There is authorized such sums as may be necessary to carry

out this Act.

TITLE I—RED ROCK CANYON NATIONAL

CONSERVATION AREA LAND EXCHANGE AND BOUNDARY ADJUSTMENT

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Red Rock Canyon National

Conservation Area Protection and Enhancement Act of 2002’’.

16 USC

460ccc–4

note.

Red Rock Canyon

National

Conservation

Area Protection

and

Enhancement

Act of 2002.

16 USC

460qqq–1

note.

116 STAT. 1996 PUBLIC LAW 107–282—NOV. 6, 2002

SEC. 102. DEFINITIONS.

As used in this title:

(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 CANYON.—The term ‘‘Red Rock Canyon’’

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 Canyon Map.

(3) RED ROCK CANYON MAP.—The term ‘‘Red Rock Canyon

Map’’ means the map entitled ‘‘Southern Nevada Public Land

Management Act’’, dated October 1, 2002.

SEC. 103. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress makes the following findings:

(1) Red Rock Canyon 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 Canyon.

(3) The Corporation owns much of the private land on

Red Rock Canyon’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

Canyon. 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 viewshed.

(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 Canyon.

(b) PURPOSES.—The purposes of this title are:

(1) To accomplish an exchange of lands between the United

States and the Corporation that would transfer certain highground 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 Canyon and to expand its boundaries as contemplated by the Bureau of Land Management,

as depicted on the Red Rock Canyon 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. 104. RED ROCK CANYON 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 non-Federal land owned by

Deadline.

16 USC

460ccc–4

note.

16 USC

460ccc–4

note.

16 USC

460ccc–4

note.

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 1997

the Corporation and depicted on the Red Rock Canyon Map as

‘‘Offered Lands proposed addition to the Red Rock Canyon 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 title, shall make the following conveyances:

(1) To the Corporation, the approximately 998 acres of

Federal lands depicted on the Red Rock Canyon Map as ‘‘Public

land selected for exchange’’.

(2) To Clark County, Nevada, the approximately 1,221 acres

of Federal lands depicted on the Red Rock Canyon Map as

‘‘Proposed BLM transfer for 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 Canyon 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, at the discretion of the Secretary,

revert to the United States.

(e) VALUATION.—

(1) EQUAL VALUE EXCHANGE.—The values of the Federal

parcel and the non-Federal parcel, as determined under paragraph (2)—

(A) shall be equal; or

(B) if the values are not equal, shall be equalized

in accordance with paragraph (3).

(2) APPRAISAL.—The values of the Federal parcel and the

non-Federal parcel shall be determined by an appraisal, to

be approved by the Secretary, that complies with the Uniform

Standards for Federal Land Acquisitions.

(3) EQUALIZATION.—

Deadline.

116 STAT. 1998 PUBLIC LAW 107–282—NOV. 6, 2002

(A) IN GENERAL.—If the value of the non-Federal parcel

is less than the value of the Federal parcel— (i) the Corporation shall make a cash equalization

payment to the Secretary; or

(ii) the Secretary shall, as determined to be appropriate by the Secretary and the Corporation, reduce

the acreage of the Federal parcel.

(B) DISPOSITION OF PROCEEDS.—The Secretary shall

deposit any cash equalization payments received under

subparagraph (A)(i) in accordance with section 4(e)(1)(C)

of the Southern Nevada Public Land Management Act of

1998 (112 Stat. 2345).

SEC. 105. STATUS AND MANAGEMENT OF LANDS.

(a) INCLUSION AND MANAGEMENT OF LANDS.—Upon the date

of the enactment of this Act, the Secretary shall administer the

lands depicted on the Red Rock Map as ‘‘Public Lands-proposed

addition to the Red Rock Canyon NCA’’, 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.) and all other applicable laws.

(b) INCLUSION OF ACQUIRED LANDS.—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 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. 106. 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

Deadline.

16 USC

460ccc–4

note.

Effective date.

16 USC

460ccc–4

note.

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 1999

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 enactment of this Act but included within the

Red Rock National Conservation Area boundaries by this Act.

TITLE II—WILDERNESS AREAS

SEC. 201. FINDINGS.

The Congress finds that—

(1) public land in the County contains unique and spectacular natural resources, including—

(A) priceless habitat for numerous species of plants

and wildlife; and

(B) thousands of acres of pristine land that remain

in a natural state;

(2) continued preservation of those areas would benefit

the County and all of the United States by—

(A) ensuring the conservation of ecologically diverse

habitat;

(B) conserving primitive recreational resources; and

(C) protecting air and water quality.

SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION

SYSTEM.

(a) ADDITIONS.—The following land in the State is designated

as wilderness and as components of the National Wilderness

Preservation System:

(1) ARROW CANYON WILDERNESS.—Certain Federal land

managed by the Bureau of Land Management, comprising

approximately 27,530 acres, as generally depicted on the map

entitled ‘‘Arrow Canyon’’, dated October 1, 2002, which shall

be known as the ‘‘Arrow Canyon Wilderness’’.

(2) BLACK CANYON WILDERNESS.—Certain Federal land

within the Lake Mead National Recreation Area and an adjacent portion of Federal land managed by the Bureau of Land

Management, comprising approximately 17,220 acres, as generally depicted on the map entitled ‘‘Eldorado/Spirit Mountain’’,

dated October 1, 2002, which shall be known as the ‘‘Black

Canyon Wilderness’’.

(3) BRIDGE CANYON WILDERNESS.—Certain Federal land

within the Lake Mead National Recreation Area, comprising

approximately 7,761 acres, as generally depicted on the map

entitled ‘‘Eldorado/Spirit Mountain’’, dated October 1, 2002,

which shall be known as the ‘‘Bridge Canyon Wilderness’’.

(4) ELDORADO WILDERNESS.—Certain Federal land within

the Lake Mead National Recreation Area and an adjacent portion of Federal land managed by the Bureau of Land Management, comprising approximately 31,950 acres, as generally

depicted on the map entitled ‘‘Eldorado/Spirit Mountain’’, dated

16 USC 1132

note.

116 STAT. 2000 PUBLIC LAW 107–282—NOV. 6, 2002

October 1, 2002, which shall be known as the ‘‘Eldorado Wilderness’’.

(5) IRETEBA PEAKS WILDERNESS.—Certain Federal land

within the Lake Mead National Recreation Area and an adjacent portion of Federal land managed by the Bureau of Land

Management, comprising approximately 32,745 acres, as generally depicted on the map entitled ‘‘Eldorado/Spirit Mountain’’, dated October 1, 2002, which shall be known as the ‘‘Ireteba

Peaks Wilderness’’. (6) JIMBILNAN WILDERNESS.—Certain Federal land within

the Lake Mead National Recreation Area, comprising approximately 18,879 acres, as generally depicted on the map entitled

‘‘Muddy Mountains’’, dated October 1, 2002, which shall be

known as the ‘‘Jimbilnan Wilderness’’. (7) JUMBO SPRINGS WILDERNESS.—Certain Federal land

managed by the Bureau of Land Management, comprising

approximately 4,631 acres, as generally depicted on the map

entitled ‘‘Gold Butte’’, dated October 1, 2002, which shall be

known as the ‘‘Jumbo Springs Wilderness’’. (8) LA MADRE MOUNTAIN WILDERNESS.—Certain Federal

land within the Toiyabe National Forest and an adjacent portion of Federal land managed by the Bureau of Land Management, comprising approximately 47,180 acres, as generally

depicted on the map entitled ‘‘Spring Mountains’’, dated October

1, 2002, which shall be known as the ‘‘La Madre Mountain

Wilderness’’.

(9) LIME CANYON WILDERNESS.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 23,233 acres, as generally depicted on the map entitled

‘‘Gold Butte’’, dated October 1, 2002, which shall be known

as the ‘‘Lime Canyon Wilderness’’.

(10) MT. CHARLESTON WILDERNESS ADDITIONS.—Certain

Federal land within the Toiyabe National Forest and an adjacent portion of Federal land managed by the Bureau of Land

Management, comprising approximately 13,598 acres, as generally depicted on the map entitled ‘‘Spring Mountains’’, dated

October 1, 2002, which shall be included in the Mt. Charleston

Wilderness.

(11) MUDDY MOUNTAINS WILDERNESS.—Certain Federal

land within the Lake Mead National Recreation Area and an

adjacent portion of land managed by the Bureau of Land

Management, comprising approximately 48,019 acres, as generally depicted on the map entitled ‘‘Muddy Mountains’’, dated

October 1, 2002, which shall be known as the ‘‘Muddy Mountains Wilderness’’.

(12) NELLIS WASH WILDERNESS.—Certain Federal land

within the Lake Mead National Recreation Area, comprising

approximately 16,423 acres, as generally depicted on the map

entitled ‘‘Eldorado/Spirit Mountain’’, dated October 1, 2002,

which shall be known as the ‘‘Nellis Wash Wilderness’’.

(13) NORTH MCCULLOUGH WILDERNESS.—Certain Federal

land managed by the Bureau of Land Management, comprising

approximately 14,763 acres, as generally depicted on the map

entitled ‘‘McCulloughs’’, dated October 1, 2002, which shall

be known as the ‘‘North McCullough Wilderness’’.

(14) PINTO VALLEY WILDERNESS.—Certain Federal land

within the Lake Mead National Recreation Area, comprising

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2001

approximately 39,173 acres, as generally depicted on the map

entitled ‘‘Muddy Mountains’’, dated October 1, 2002, which

shall be known as the ‘‘Pinto Valley Wilderness’’. (15) RAINBOW MOUNTAIN WILDERNESS.—Certain Federal

land within the Toiyabe National Forest and an adjacent portion of Federal land managed by the Bureau of Land Management, comprising approximately 24,997 acres, as generally

depicted on the map entitled ‘‘Spring Mountains’’, dated October

1, 2002, which shall be known as the ‘‘Rainbow Mountain

Wilderness’’. (16) SOUTH MCCULLOUGH WILDERNESS.—Certain Federal

land managed by the Bureau of Land Management, comprising

approximately 44,245 acres, as generally depicted on the map

entitled ‘‘McCulloughs’’, dated October 1, 2002, which shall

be known as the ‘‘South McCullough Wilderness’’. (17) SPIRIT MOUNTAIN WILDERNESS.—Certain Federal land

within the Lake Mead National Recreation Area and an adjacent portion of Federal land managed by the Bureau of Land

Management, comprising approximately 33,518 acres, as generally depicted on the map entitled ‘‘Eldorado/Spirit Mountain’’, dated October 1, 2002, which shall be known as the ‘‘Spirit

Mountain Wilderness’’. (18) WEE THUMP JOSHUA TREE WILDERNESS.—Certain Federal land managed by the Bureau of Land Management, comprising approximately 6,050 acres, as generally depicted on

the map entitled ‘‘McCulloughs’’, dated October 1, 2002, which

shall be known as the ‘‘Wee Thump Joshua Tree Wilderness’’.

(b) BOUNDARY.—

(1) LAKE OFFSET.—The boundary of any portion of a wilderness area designated by subsection (a) that is bordered by

Lake Mead, Lake Mohave, or the Colorado River shall be 300

feet inland from the high water line.

(2) ROAD OFFSET.—The boundary of any portion of a wilderness area designated by subsection (a) that is bordered by

a road shall be at least 100 feet from the edge of the road

to allow public access.

(c) MAP AND LEGAL DESCRIPTION.—

(1) IN GENERAL.—As soon as practicable after the date

of enactment of this Act, the Secretary shall file a map and

legal description of each wilderness area designated by subsection (a) with the Committee on Resources of the House

of Representatives and the Committee on Energy and Natural

Resources of the Senate.

(2) EFFECT.—Each map and legal description shall have

the same force and effect as if included in this section, except

that the Secretary may correct clerical and typographical errors

in the map or legal description.

(3) AVAILABILITY.—Each map and legal description shall

be on file and available for public inspection in the appropriate

offices of the Bureau of Land Management, National Park

Service, or Forest Service, as applicable.

(d) WITHDRAWAL.—Subject to valid existing rights, the wilderness areas designated in this section are withdrawn from—

(1) all forms of entry, appropriation, and disposal under

the public land laws;

(2) location, entry, and patent under the mining laws;

and

Public inspection.

116 STAT. 2002 PUBLIC LAW 107–282—NOV. 6, 2002

(3) operation of the mineral leasing, mineral materials,

and geothermal leasing laws.

SEC. 203. ADMINISTRATION.

(a) MANAGEMENT.—Subject to valid existing rights, each area

designated as wilderness by this title shall be administered by

the Secretary in accordance with the Wilderness Act (16 U.S.C.

1131 et seq.), except that— (1) any reference in that Act to the effective date shall

be considered to be a reference to the date of enactment of

this Act; and

(2) any reference in that Act to the Secretary of Agriculture

shall be considered to be a reference to the Secretary of the

Interior with respect to lands administered by the Secretary

of the Interior.

(b) LIVESTOCK.—Within the wilderness areas designated under

this title that are administered by the Bureau of Land Management,

the grazing of livestock in areas in which grazing is established

as of the date of enactment of this Act shall be allowed to continue,

subject to such reasonable regulations, policies, and practices that

the Secretary considers necessary, consistent with section 4(d)(4)

of the Wilderness Act (16 U.S.C. 1133(d)(4)), including the guidelines set forth in Appendix A of House Report 101–405.

(c) INCORPORATION OF ACQUIRED LANDS AND INTERESTS.—Any

land or interest in land within the boundaries of an area designated

as wilderness by this title that is acquired by the United States

after the date of enactment of this Act shall be added to and

administered as part of the wilderness area within which the

acquired land or interest is located.

(d) WATER RIGHTS.—

(1) FINDINGS.—Congress finds that—

(A) the lands designated as Wilderness by this Act

are within the Mojave Desert, are arid in nature, and

include ephemeral streams;

(B) the hydrology of the lands designated as wilderness

by this Act is locally characterized by complex flow patterns

and alluvial fans with impermanent channels;

(C) the subsurface hydrogeology of the region is

characterized by ground water subject to local and regional

flow gradients and artesian aquifers;

(D) the lands designated as wilderness by this Act

are generally not suitable for use or development of new

water resource facilities and there are no actual or proposed

water resource facilities and no opportunities for diversion,

storage, or other uses of water occurring outside such lands

that would adversely affect the wilderness or other values

of such lands; and

(E) because of the unique nature and hydrology of

these desert lands designated as wilderness by this Act

and the existence of the Clark County Multi-Species

Habitat Conservation Plan it is possible to provide for

proper management and protection of the wilderness,

perennial springs and other values of such lands in ways

different from those used in other legislation.

(2) STATUTORY CONSTRUCTION.— (A) Nothing in this Act shall constitute or be construed

to constitute either an express or implied reservation by

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2003

the United States of any water or water rights with respect

to the lands designated as Wilderness by this Act.

(B) Nothing in this Act shall affect any water rights

in the State of Nevada existing on the date of the enactment

of this Act, including any water rights held by the United

States.

(C) Nothing in this subsection shall be construed as

establishing a precedent with regard to any future wilderness designations.

(D) Nothing in this Act shall be construed as limiting,

altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion

water among and between the State of Nevada and other

States.

(E) Nothing in this subsection shall be construed as

limiting, altering, modifying, or amending the Clark County

Multi-Species Habitat Conservation Plan (MSHCP) with

respect to the lands designated as Wilderness by this Act

including the MSHCP’s specific management actions for

the conservation of perennial springs.

(3) NEVADA WATER LAW.—The Secretary shall follow the

procedural and substantive requirements of the law of the

State of Nevada in order to obtain and hold any water rights

not in existence on the date of enactment of this Act with

respect to the wilderness areas designated by this Act.

(4) NEW PROJECTS.— (A) As used in this paragraph, the term ‘‘water

resource’’ facility means irrigation and pumping facilities,

reservoirs, water conservation works, aqueducts, canals,

ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. The term ‘‘water

resource’’ facility does not include wildlife guzzlers.

(B) Except as otherwise provided in this Act, on and

after the date of the enactment of this Act, neither the

President nor any other officer, employee, or agent of the

United States shall fund, assist, authorize, or issue a

license or permit for the development of any new water

resource facility within the wilderness areas designated

by this Act.

SEC. 204. ADJACENT MANAGEMENT.

(a) IN GENERAL.—Congress does not intend for the designation

of wilderness in the State pursuant to this title to lead to the

creation of protective perimeters or buffer zones around any such

wilderness area.

(b) NONWILDERNESS ACTIVITIES.—The fact that nonwilderness

activities or uses can be seen or heard from areas within a wilderness designated under this title shall not preclude the conduct

of those activities or uses outside the boundary of the wilderness

area.

SEC. 205. MILITARY OVERFLIGHTS.

Nothing in this title restricts or precludes—

(1) low-level overflights of military aircraft over the areas

designated as wilderness by this title, including military overflights that can be seen or heard within the wilderness areas;

(2) flight testing and evaluation; or

116 STAT. 2004 PUBLIC LAW 107–282—NOV. 6, 2002

(3) the designation or creation of new units of special

use airspace, or the establishment of military flight training

routes, over the wilderness areas.

SEC. 206. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

Nothing in this Act shall be construed to diminish the rights

of any Indian Tribe. Nothing in this Act shall be construed to

diminish tribal rights regarding access to Federal lands for tribal

activities, including spiritual, cultural, and traditional food-gathering activities.

SEC. 207. RELEASE OF WILDERNESS STUDY AREAS.

(a) FINDING.—Congress finds that, for the purposes of section

603 of the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1782), the public land in the County administered by the

Bureau of Land Management and the Forest Service in the following

areas have been adequately studied for wilderness designation:

(1) The Garrett Buttes Wilderness Study Area.

(2) The Quail Springs Wilderness Study Area.

(3) The Nellis A, B, C Wilderness Study Area.

(4) Any portion of the wilderness study areas—

(A) not designated as wilderness by section 202(a);

and

(B) designated for release on—

(i) the map entitled ‘‘Muddy Mountains’’ and dated

October 1, 2002;

(ii) the map entitled ‘‘Spring Mountains’’ and dated

October 1, 2002;

(iii) the map entitled ‘‘Arrow Canyon’’ and dated

October 1, 2002;

(iv) the map entitled ‘‘Gold Butte’’ and dated

October 1, 2002;

(v) the map entitled ‘‘McCullough Mountains’’ and

dated October 1, 2002;

(vi) the map entitled ‘‘El Dorado/Spirit Mountain’’

and dated October 1, 2002; or

(vii) the map entitled ‘‘Southern Nevada Public

Land Management Act’’ and dated October 1, 2002.

(b) RELEASE.—Except as provided in subsection (c), any public

land described in subsection (a) that is not designated as wilderness

by this title—

(1) is no longer subject to section 603(c) of the Federal

Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));

and

(2) shall be managed in accordance with—

(A) land management plans adopted under section 202

of that Act (43 U.S.C. 1712); and

(B) existing cooperative conservation agreements.

(c) RIGHT-OF-WAY GRANT.—The Secretary shall issue to the

State-regulated sponsor of the Centennial Project the right-of-way

for the construction and maintenance of two 500-kilovolt electrical

transmission lines. The construction shall occur within a 500-footwide corridor that is released from the Sunrise Mountains Instant

Study Area in the County as depicted on the Southern Nevada

Public Land Management Act map, dated October 1, 2002.

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2005

SEC. 208. WILDLIFE MANAGEMENT.

(a) IN GENERAL.—In accordance with section 4(d)(7) of the

Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title affects

or diminishes the jurisdiction of the State with respect to fish

and wildlife management, including the regulation of hunting,

fishing, and trapping, in the wilderness areas designated by this

title.

(b) MANAGEMENT ACTIVITIES.—In furtherance of the purposes

and principles of the Wilderness Act, management activities to

maintain or restore fish and wildlife populations and the habitats

to support such populations may be carried out within wilderness

areas designated by this title where consistent with relevant wilderness management plans, in accordance with appropriate policies

such as those set forth in Appendix B of House Report 101–405,

including the occasional and temporary use of motorized vehicles,

if such use, as determined by the Secretary, would promote healthy,

viable, and more naturally distributed wildlife populations that

would enhance wilderness values and accomplish those purposes

with the minimum impact necessary to reasonably accomplish the

task.

(c) EXISTING ACTIVITIES.—Consistent with section 4(d)(1) of the

Wilderness Act (16 U.S.C. 1133(d)) and in accordance with appropriate policies such as those set forth in Appendix B of House

Report 101–405, the State may continue to use aircraft, including

helicopters, to survey, capture, transplant, monitor, and provide

water for wildlife populations, including bighorn sheep, and feral

stock, horses, and burros.

(d) WILDLIFE WATER DEVELOPMENT PROJECTS.—Subject to subsection (f), the Secretary shall, authorize structures and facilities,

including existing structures and facilities, for wildlife water

development projects, including guzzlers, in the wilderness areas

designated by this title if—

(1) the structures and facilities will, as determined by

the Secretary, enhance wilderness values by promoting healthy,

viable and more naturally distributed wildlife populations; and

(2) the visual impacts of the structures and facilities on

the wilderness areas can reasonably be minimized.

(e) HUNTING, FISHING, AND TRAPPING.—The Secretary may designate by regulation areas in consultation with the appropriate

State agency (except in emergencies), in which, and establish

periods during which, for reasons of public safety, administration,

or compliance with applicable laws, no hunting, fishing, or trapping

will be permitted in the wilderness areas designated by this title.

(f) COOPERATIVE AGREEMENT.—No later than one year after

the date of enactment of this Act, the Secretary shall enter into

a cooperative agreement with the State of Nevada. The cooperative

agreement shall specify the terms and conditions under which the

State (including a designee of the State) may use wildlife management activities in the wilderness areas designated by this title.

SEC. 209. WILDFIRE MANAGEMENT.

Consistent with section 4 of the Wilderness Act (16 U.S.C.

1133), nothing in this title precludes a Federal, State, or local

agency from conducting wildfire management operations (including

operations using aircraft or mechanized equipment) to manage

wildfires in the wilderness areas designated by this title.

Deadline.

116 STAT. 2006 PUBLIC LAW 107–282—NOV. 6, 2002

SEC. 210. CLIMATOLOGICAL DATA COLLECTION.

Subject to such terms and conditions as the Secretary may

prescribe, nothing in this title precludes the installation and maintenance of hydrologic, meteorologic, or climatological collection devices

in the wilderness areas designated by this title if the facilities

and access to the facilities are essential to flood warning, flood

control, and water reservoir operation activities.

SEC. 211. NATIONAL PARK SERVICE LANDS.

To the extent any of the provisions of this title are in conflict

with laws, regulations, or management policies applicable to the

National Park Service for Lake Mead National Recreation Area,

those laws, regulations, or policies shall control.

TITLE III—TRANSFERS OF

ADMINISTRATIVE JURISDICTION

SEC. 301. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE

UNITED STATES FISH AND WILDLIFE SERVICE.

(a) IN GENERAL.—Administrative jurisdiction over the land

described in subsection (b) is transferred from the Bureau of Land

Management to the United States Fish and Wildlife Service for

inclusion in the Desert National Wildlife Range.

(b) DESCRIPTION OF LAND.—The parcel of land referred to in

subsection (a) is the approximately 26,433 acres of land administered by the Bureau of Land Management as generally depicted

on the map entitled ‘‘Arrow Canyon’’ and dated October 1, 2002.

(c) WILDERNESS RELEASE.—

(1) Congress finds that the parcel of land described in

subsection (b) has been adequately studied for wilderness designation for the purposes of section 603(c) of the Federal Land

Policy and Management Act of 1976 (43 U.S.C. 1782(c)).

(2) The parcel of land described in subsection (b)—

(A) shall not be subject to section 603(c) of the Federal

Land Policy and Management Act of 1976 (43 U.S.C.

1782(c)); and

(B) shall be managed in accordance with

(i) the National Wildlife Refuge System Administration Act, as amended by the National Wildlife

Refuge System Improvement Act of 1997 (16 U.S.C.

668dd–668ee); and

(ii) existing cooperative conservation agreements.

SEC. 302. TRANSFER OF ADMINISTRATIVE JURISDICTION TO NATIONAL

PARK SERVICE.

(a) IN GENERAL.—Administrative jurisdiction over the parcel

of land described in subsection (b) is transferred from the Bureau

of Land Management to the National Park Service for inclusion

in the Lake Mead National Recreation Area.

(b) DESCRIPTION OF LAND.—The parcel of land referred to in

subsection (a) is the approximately 10 acres of Bureau of Land

Management land, as depicted on the map entitled ‘‘Eldorado/Spirit

Mountain’’ and dated October 1, 2002.

(c) USE OF LAND.—The parcel of land described in subsection

(b) shall be used by the National Park Service for administrative

facilities.

16 USC 460n–1

note.

16 USC 668dd

note.

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2007

TITLE IV—AMENDMENTS TO THE

SOUTHERN NEVADA PUBLIC LAND

MANAGEMENT ACT

SEC. 401. DISPOSAL AND EXCHANGE.

(a) IN GENERAL.—Section 4 of the Southern Nevada Public

Land Management Act of 1998 (112 Stat. 2344) is amended—

(1) in the first sentence of subsection (a), by striking ‘‘entitled Las Vegas Valley, Nevada, Land Disposal Map, dated

April 10, 1997’’ and inserting ‘‘entitled Southern Nevada Public

Land Management Act, dated October 1, 2002’’; and

(2) in subsection (e)(3)(A)—

(A) in clause (iv)—

(i) by inserting ‘‘or regional governmental entity’’

after ‘‘local government’’; and

(ii) by striking ‘‘and’’ at the end;

(B) by redesignating clause (v) as clause (vi); and

(C) by inserting after clause (iv) the following:

‘‘(v) up to 10 percent of amounts available, to be

used for conservation initiatives on Federal land in

Clark County, Nevada, administered by the Department of the Interior or the Department of Agriculture;

and’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) take effect on January 31, 2003.

(c) WITHDRAWAL.—Subject to valid existing rights, the land

designated for disposal in this section is withdrawn from entry

and appropriation under the public land laws, location and entry,

under the mining laws, and from operation under the mineral

leasing and geothermal leasing laws until such times as the Secretary terminates the withdrawal or the lands are patented.

TITLE V—IVANPAH CORRIDOR

SEC. 501. INTERSTATE ROUTE 15 SOUTH CORRIDOR.

(a) MANAGEMENT OF INTERSTATE ROUTE 15 CORRIDOR LAND.—

(1) IN GENERAL.—The Secretary shall manage the land

located along the Interstate Route 15 corridor south of the

Las Vegas Valley to the border between the States of California

and Nevada, generally depicted as Interstate 15 South Corridor

on the map entitled ‘‘Clark County Conservation of Public Land

and Natural Resources Act of 2002’’ and dated October 1,

2002, in accordance with the Southern Nevada Public Land

Management Act of 1998 (112 Stat. 2343) and this section.

(2) AVAILABILITY OF MAP.—The map described in paragraph

(1) shall be on file and available for public inspection in the

appropriate offices of the Bureau of Land Management.

(3) MULTIPLE USE MANAGEMENT.—Subject to any land

management designations under the 1998 Las Vegas District

Resource Management Plan or the Clark County Multi-Species

Conservation Plan, land depicted on the map described in paragraph (1) shall be managed for multiple use purposes.

Public inspection.

116 STAT. 2008 PUBLIC LAW 107–282—NOV. 6, 2002

(4) TERMINATION OF ADMINISTRATIVE WITHDRAWAL.—The

administrative withdrawal of the land identified as the Interstate 15 South Corridor on the map entitled ‘‘Clark County

Conservation of Public Land and Natural Resources Act of

2002’’ and dated October 1, 2002, from mineral entry dated

July 23, 1997, and as amended March 9, 1998, as further

amended July 2, 2002, is terminated.

(5) WITHDRAWAL OF LAND.—Subject to valid existing rights,

the corridor described in subsection (b) and the land described

in subsection (c)(1) are withdrawn from location and entry

under the mining laws, and from operation under the mineral

leasing and geothermal leasing laws, until such time as—

(A) the Secretary terminates the withdrawal; or

(B) the corridor or land, respectively, is patented.

(b) TRANSPORTATION AND UTILITIES CORRIDOR.—Notwithstanding sections 202 and 203 of the Federal Land Policy and

Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary,

in consultation with the City of Henderson and the County, and

in accordance with this section and other applicable laws and subject to valid existing rights, shall establish a 2,640-foot-wide corridor

between the Las Vegas valley and the proposed Ivanpah Airport

for the placement, on a nonexclusive basis, of utilities and transportation.

(c) IVANPAH AIRPORT ENVIRONS OVERLAY DISTRICT LAND

TRANSFER.—

(1) IN GENERAL.—Subject to paragraph (2) and valid

existing rights, on request by the County, the Secretary shall

transfer to the County, without consideration, all right, title,

and interest of the United States in and to the land identified

as Ivanpah Airport noise compatibility area on the map entitled

‘‘Clark County Conservation of Public Land and Natural

Resources Act of 2002’’ and dated October 1, 2002.

(2) CONDITIONS FOR TRANSFER.—As a condition of the

transfer under paragraph (1), the County shall agree—

(A) to manage the transferred land in accordance with

section 47504 of title 49, United States Code (including

regulations promulgated under that section); and

(B) that if any portion of the transferred land is sold,

leased, or otherwise conveyed or leased by the County—

(i) the sale, lease, or other conveyance shall be—

(I) subject to a limitation that requires that

any use of the transferred land be consistent with

the Agreement and section 47504 of title 49,

United States Code (including regulations promulgated under that section); and

(II) for fair market value; and

(ii) of any gross proceeds received by the County

from the sale, lease, or other conveyance of the land,

the County shall—

(I) contribute 85 percent to the special account

established by section 4(e)(1)(C) of the Southern

Nevada Public Land Management Act of 1998 (112

Stat. 2345);

(II) contribute 5 percent to the State for use

in the general education program of the State;

and

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2009

(III) reserve 10 percent for use by the Clark

County Department of Aviation for airport development and noise compatibility programs.

(d) EFFECTIVE DATE.—Subsections (b) and (c) shall not take

effect until construction of the Ivanpah Valley Airport is approved

in accordance with Public Law 106–362.

SEC. 502. AREA OF CRITICAL ENVIRONMENTAL CONCERN SEGREGATION.

(a) TEMPORARY WITHDRAWAL.—Subject to valid existing rights,

any Federal land in an Area of Critical Environmental Concern

that is designated for withdrawal under the 1998 Las Vegas

Resource Management Plan, and which is not already withdrawn

by the effect of this or any other Act, is hereby withdrawn from

location, entry, and patent under the mining laws for a period

not to exceed five years. The withdrawal shall lapse at the earlier— (1) five years; or

(2) when the Secretary issues a final decision on each

proposed withdrawal.

(b) ADMINISTRATIVE WITHDRAWAL.—The Secretary shall make

final decisions on each of the temporary withdrawals described

in subsection (a) within five years of the date of enactment of

this Act. Such decisions shall be made consistent with the Federal

Land Policy and Management Act (43 U.S.C. 1714), and in accordance with the 1998 Las Vegas Resource Management Plan.

(c) MINERAL REPORT.—The mineral reports required by section

204(c)(12) of the Federal Land Policy and Management Act shall

be the responsibility of the United States Geological Survey and

shall be completed for each of the temporary withdrawals described

in subsection (a) within four years of the date of enactment of

this Act.

TITLE VI—SLOAN CANYON NATIONAL

CONSERVATION AREA

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Sloan Canyon National Conservation Area Act’’.

SEC. 602. PURPOSE.

The purpose of this title is to establish the Sloan Canyon

National Conservation Area to conserve, protect, and enhance for

the benefit and enjoyment of present and future generations the

cultural, archaeological, natural, wilderness, scientific, geological,

historical, biological, wildlife, educational, and scenic resources of

the Conservation Area.

SEC. 603. DEFINITIONS.

In this title:

(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’

means the Sloan Canyon National Conservation Area established by section 604(a).

(2) FEDERAL PARCEL.—The term ‘‘Federal parcel’’ means

the parcel of Federal land consisting of approximately 500

acres that is identified as Tract A on the map entitled ‘‘Southern

16 USC

460qqq–1.

16 USC 460qqq.

16 USC 460qqq

note.

Sloan Canyon

National

Conservation

Area Act.

Deadline.

Deadline.

116 STAT. 2010 PUBLIC LAW 107–282—NOV. 6, 2002

Nevada Public Land Management Act’’ and dated October 1,

2002.

(3) MANAGEMENT PLAN.—The term ‘‘management plan’’

means the management plan for the Conservation Area developed under section 605(b).

(4) MAP.—The term ‘‘map’’ means the map entitled ‘‘Southern Nevada Public Land Management Act’’ and dated

October 1, 2002.

SEC. 604. ESTABLISHMENT.

(a) IN GENERAL.—For the purpose described in section 602,

there is established in the State a conservation area to be known

as the Sloan Canyon National Conservation Area.

(b) AREA INCLUDED.—The Conservation Area shall consist of

approximately 48,438 acres of public land in the County, as generally depicted on the map.

(c) MAP AND LEGAL DESCRIPTION.—

(1) IN GENERAL.—As soon as practicable after the date

of enactment of this Act, the Secretary shall submit to Congress

a map and legal description of the Conservation Area.

(2) EFFECT.—The map and legal description shall have

the same force and effect as if included in this section, except

that the Secretary may correct minor errors in the map or

legal description.

(3) PUBLIC AVAILABILITY.—A copy of the map and legal

description shall be on file and available for public inspection

in the appropriate office of the Bureau of Land Management.

SEC. 605. MANAGEMENT.

(a) IN GENERAL.—The Secretary, acting through the Director

of the Bureau of Land Management, shall manage the Conservation

Area—

(1) in a manner that conserves, protects, and enhances

the resources of the Conservation Area; and

(2) in accordance with— (A) the Federal Land Policy and Management Act of

1976 (43 U.S.C. 1701 et seq.); and

(B) other applicable law, including this Act.

(b) MANAGEMENT PLAN.—

(1) IN GENERAL.—Not later than 3 years after the date

of enactment of this Act, the Secretary, in consultation with

the State, the city of Henderson, the County, and any other

interested persons, shall develop a management plan for the

Conservation Area.

(2) REQUIREMENTS.—The management plan shall—

(A) describe the appropriate uses and management

of the Conservation Area;

(B)(i) authorize the use of motorized vehicles in the

Conservation Area—

(I) for installing, repairing, maintaining, and

reconstructing water development projects, including

guzzlers, that would enhance the Conservation Area

by promoting healthy, viable, and more naturally

distributed wildlife populations; and

(II) subject to any limitations that are not more

restrictive than the limitations on such uses authorized

in wilderness areas under section 208; and

Deadline.

16 USC

460qqq–3.

16 USC

460qqq–2.

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2011

(ii) include or provide recommendations on ways of

minimizing the visual impacts of such activities on the

Conservation Area;

(C) include a plan for litter cleanup and public lands

awareness campaign on public lands in and around the

Conservation Area; and

(D) include a recommendation on the location for a

right-of-way for a rural roadway to provide the city of

Henderson with access to the Conservation Area, in accordance with the application numbered N–65874.

(c) USES.—The Secretary shall allow only such uses of the

Conservation Area that the Secretary determines will further the

purpose described in section 602.

(d) MOTORIZED VEHICLES.—Except as needed for administrative

purposes or to respond to an emergency, the use of motorized

vehicles in the Conservation Area shall be permitted only on roads

and trails designated for the use of motorized vehicles by the

management plan developed under subsection (b).

(e) WITHDRAWAL.—

(1) IN GENERAL.—Subject to valid existing rights, all public

land in the Conservation Area is withdrawn from—

(A) all forms of entry and appropriation under the

public land laws;

(B) location, entry, and patent under the mining laws;

and

(C) operation of the mineral leasing, mineral materials,

and geothermal leasing laws.

(2) ADDITIONAL LAND.—Notwithstanding any other provision of law, if the Secretary acquires mineral or other interests

in a parcel of land within the Conservation Area after the

date of enactment of this Act, the parcel is withdrawn from

operation of the laws referred to in paragraph (1) on the date

of acquisition of the land.

(f) HUNTING, FISHING, AND TRAPPING.—

(1) IN GENERAL.—Nothing in this title affects the jurisdiction of the State with respect to fish and wildlife, including

hunting, fishing, and trapping in the Conservation Area.

(2) LIMITATIONS.—

(A) REGULATIONS.—The Secretary may designate by

regulation areas in which, and establish periods during

which, for reasons of public safety, administration, or

compliance with applicable laws, no hunting, fishing, or

trapping will be permitted in the Conservation Area.

(B) CONSULTATION.—Except in emergencies, the Secretary shall consult with the appropriate State agency

before promulgating regulations under subparagraph (A)

that close a portion of the Conservation Area to hunting,

fishing, or trapping.

(g) NO BUFFER ZONES.—

(1) IN GENERAL.—The establishment of the Conservation

Area shall not create an express or implied protective perimeter

or buffer zone around the Conservation Area.

(2) PRIVATE LAND.—If the use of, or conduct of an activity

on, private land that shares a boundary with the Conservation

Area is consistent with applicable law, nothing in this title

concerning the establishment of the Conservation Area shall

prohibit or limit the use or conduct of the activity.

116 STAT. 2012 PUBLIC LAW 107–282—NOV. 6, 2002

SEC. 606. SALE OF FEDERAL PARCEL.

(a) IN GENERAL.—Notwithstanding sections 202 and 203 of

the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1712, 1713) and subject to valid existing rights, not later than

1 year after the date of enactment of this Act, the Secretary shall

convey to the highest qualified bidder all right, title, and interest

of the United States in and to the Federal parcel.

(b) DISPOSITION OF PROCEEDS.—Of the gross proceeds from

the conveyance of land under subsection (a)—

(1) 5 percent shall be available to the State for use in

the general education program of the State; and

(2) the remainder shall be deposited in the special account

established under the Southern Nevada Public Lands Management Act of 1998 (Public Law 105–263; 112 Stat. 2345), to

be available to the Secretary, without further appropriation

for—

(A) the construction and operation of facilities to support the management of the Conservation Area;

(B) the construction and repair of trails and roads

in the Conservation Area authorized under the management plan;

(C) research on and interpretation of the archaeological

and geological resources of the Conservation Area;

(D) conservation and research relating to the Conservation Area; and

(E) any other purpose that the Secretary determines

to be consistent with the purpose described in section 602.

SEC. 607. RIGHT-OF-WAY.

Not later than 180 days after the date of enactment of this

Act, the Secretary shall convey to the City of Henderson the public

right-of-way requested for public trail purposes under the application numbered N–76312 and the public right-of-way requested for

public trail purposes under the application numbered N–65874.

TITLE VII—PUBLIC INTEREST

CONVEYANCES

SEC. 701. DEFINITION OF MAP.

In this title, the term ‘‘map’’ means the map entitled ‘‘Southern

Nevada Public Land Management Act’’ and dated October 1, 2002.

SEC. 702. CONVEYANCE TO THE UNIVERSITY OF NEVADA AT LAS VEGAS

RESEARCH FOUNDATION.

(a) FINDINGS AND PURPOSES.—

(1) FINDINGS.—Congress finds that—

(A) the University of Nevada, Las Vegas, needs land

in the greater Las Vegas area to provide for the future

growth of the university;

(B) the proposal by the University of Nevada, Las

Vegas, for construction of a research park and technology

center in the greater Las Vegas area would enhance the

high tech industry and entrepreneurship in the State; and

(C) the land transferred to the Clark County Department of Aviation under section 4(g) of the Southern Nevada

Public Land Management Act of 1998 (112 Stat. 2346)

Deadline.

16 USC

460qqq–5.

Deadline.

16 USC

460qqq–4.

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2013

is the best location for the research park and technology

center.

(2) PURPOSES.—The purposes of this section are—

(A) to provide a suitable location for the construction

of a research park and technology center in the greater

Las Vegas area;

(B) to provide the public with opportunities for education and research in the field of high technology; and

(C) to provide the State with opportunities for competition and economic development in the field of high technology.

(b) TECHNOLOGY RESEARCH CENTER.—

(1) CONVEYANCE.—Notwithstanding section 4(g)(4) of the

Southern Nevada Public Land Management Act of 1998 (112

Stat. 2347), the Clark County Department of Aviation may

convey, without consideration, all right, title, and interest in

and to the parcel of land described in paragraph (3) to the

University of Nevada at Las Vegas Research Foundation

(referred to in this section as ‘‘Foundation’’) for the development

of a technology research center.

(2) CONDITION.—The conveyance under paragraph (1) shall

be subject to the condition that the Foundation enter into

an agreement that if the land described in paragraph (3) is

sold, leased, or otherwise conveyed by the Foundation.

(A) the Foundation shall sell, lease, or otherwise convey

the land for fair market value;

(B) the Foundation shall contribute 85 percent of the

gross proceeds from the sale, lease, or conveyance of the

land to the special account;

(C) with respect to land identified on the map entitled

‘‘Las Vegas Valley, Nevada, Land Sales Map’’, numbered

7306A, and dated May 1980, the proceeds from the sale,

lease, or conveyance of the land identified on the map

contributed to the special account by the Foundation under

subparagraph (B) shall be used by the Secretary of Agriculture to acquire environmentally sensitive land in the

Lake Tahoe Basin under section 3 of Public Law 96–586

(94 Stat. 3383);

(D) the Foundation shall contribute 5 percent of the

gross proceeds from the sale, lease, or conveyance of the

land to the State of Nevada for use in the general education

program of the State; and

(E) the remainder of the gross proceeds from the sale,

lease, or conveyance of the land shall be available for

use by the Foundation.

(3) DESCRIPTION OF LAND.—The parcel of land referred

to in paragraph (1) is the parcel of Clark County Department

of Aviation land—

(A) consisting of approximately 115 acres; and

(B) located in the SAW1⁄4 of section 33, T. 21 S., R.

60 E., Mount Diablo Base and Meridian.

SEC. 703. CONVEYANCE TO THE LAS VEGAS METROPOLITAN POLICE

DEPARTMENT.

The Secretary shall convey to the Las Vegas Metropolitan Police

Department, without consideration, all right, title, and interest

116 STAT. 2014 PUBLIC LAW 107–282—NOV. 6, 2002

in and to the parcel of land identified as ‘‘Tract F’’ on the map

for use as a shooting range.

SEC. 704. CONVEYANCE TO THE CITY OF HENDERSON FOR THE

NEVADA STATE COLLEGE AT HENDERSON.

(a) DEFINITIONS.—In this section:

(1) CHANCELLOR.—The term ‘‘Chancellor’’ means the Chancellor of the University system.

(2) CITY.—The term ‘‘City’’ means the city of Henderson,

Nevada.

(3) COLLEGE.—The term ‘‘College’’ means the Nevada State

College at Henderson.

(4) SURVEY.—The term ‘‘survey’’ means the land survey

required under Federal law to define the official metes and

bounds of the parcel of Federal land identified as ‘‘Tract H’’ on the map.

(5) UNIVERSITY SYSTEM.—The term ‘‘University system’’

means the University and Community College System of

Nevada.

(b) CONVEYANCE.—

(1) IN GENERAL.—Notwithstanding the Federal Land Policy

and Management Act of 1976 (43 U.S.C. 1701 et seq.) and

section 1(c) of the Act of June 14, 1926 (commonly known

as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869(c)),

not later than 180 days after the date on which the survey

is approved, the Secretary shall convey to the City, without

consideration, all right, title, and interest of the United States

in and to the parcel of Federal land identified as ‘‘Tract H’’

on the map for use as a campus for the College.

(2) CONDITIONS.—

(A) IN GENERAL.—As a condition of the conveyance

under paragraph (1), the Chancellor and the City shall

agree in writing—

(i) to pay any administrative costs associated with

the conveyance, including the costs of any environmental, wildlife, cultural, or historical resources

studies;

(ii) to use the Federal land conveyed for educational and recreational purposes;

(iii) to release and indemnify the United States

from any claims or liabilities which may arise from

uses that are carried out on the Federal land on or

before the date of enactment of this Act by the United

States or any person;

(iv) as soon as practicable after the date of the

conveyance under paragraph (1), to erect at the College

an appropriate and centrally located monument that

acknowledges the conveyance of the Federal land by

the United States for the purpose of furthering the

higher education of citizens in the State; and

(v) to assist the Bureau of Land Management in

providing information to the students of the College

and the citizens of the State on—

(I) public land in the State; and

(II) the role of the Bureau of Land Management in managing, preserving, and protecting the

public land.

Deadline.

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2015

(B) VALID EXISTING RIGHTS.—The conveyance under

paragraph (1) shall be subject to all valid existing rights.

(3) USE OF FEDERAL LAND.— (A) IN GENERAL.—The College and the City may use

the land conveyed under paragraph (1) for— (i) any purpose relating to the establishment, operation, growth, and maintenance of the College; and

(ii) any uses relating to such purposes, including

residential and commercial development that would

generally be associated with an institution of higher

education.

(B) OTHER ENTITIES.—The College and the City may— (i) consistent with Federal and State law, lease

or otherwise provide property or space at the College,

with or without consideration, to religious, public

interest, community, or other groups for services and

events that are of interest to the College, the City,

or any community located in the Las Vegas Valley;

(ii) allow the City or any other community in the

Las Vegas Valley to use facilities of the College for

educational and recreational programs of the City or

community; and

(iii) in conjunction with the City, plan, finance,

(including the provision of cost-share assistance), construct, and operate facilities for the City on the Federal

land conveyed for educational or recreational purposes

consistent with this section.

(4) REVERSION.—If the Federal land or any portion of the

Federal land conveyed under paragraph (1) ceases to be used

for the College, the Federal land or any portion of the Federal

land shall, at the discretion of the Secretary, revert to the

United States.

SEC. 705. CONVEYANCE TO THE CITY OF LAS VEGAS, NEVADA.

(a) DEFINITIONS.—In this section:

(1) CITY.—The term ‘‘City’’ means the city of Las Vegas,

Nevada.

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior, acting through the Director of the Bureau

of Land Management.

(b) CONVEYANCE.—The Secretary shall convey to the City, without consideration, all right, title, and interest of the United States

in and to the parcels of land identified as ‘‘Tract C’’ and ‘‘Tract

D’’ on the map.

(c) REVERSION.—If a parcel of land conveyed to the City under

subsection (b) ceases to be used for affordable housing or for a

purpose related to affordable housing, the parcel shall, at the discretion of the Secretary, revert to the United States.

SEC. 706. SALE OF FEDERAL PARCEL.

(a) IN GENERAL.—Notwithstanding sections 202 and 203 of

the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1712, 1713) and subject to valid existing rights, the Secretary

shall convey as a single parcel to the highest qualified bidder

all right, title, and interest of the United States in and to approximately 360 acres that is identified as the North Half (N1⁄2) of

Section 7, Township 23 South, Range 61 East, M.D.B.&M., Clark

County, Nevada and the Northeast Quarter (NE1⁄4) of the Southeast

116 STAT. 2016 PUBLIC LAW 107–282—NOV. 6, 2002

Quarter (SE1⁄4) of Section 7, Township 23 South, Range 61 East,

M.D.M., Clark County, Nevada.

(b) DISPOSITION OF PROCEEDS.—The proceeds from the conveyance of the lands described in subsection (a) shall be deposited

in accordance with section 4(e)(1) of the Southern Nevada Public

Land Management Act of 1998 (112 Stat. 2345).

TITLE VIII—HUMBOLDT PROJECT

CONVEYANCE

SEC. 801. SHORT TITLE.

This title may be cited as the ‘‘Humboldt Project Conveyance

Act’’.

SEC. 802. DEFINITIONS.

For purposes of this title:

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

(2) STATE.—The term ‘‘State’’ means the State of Nevada.

(3) PCWCD.—The term ‘‘PCWCD’’ means the Pershing

County Water Conservation District, a public entity organized

under the laws of the State of Nevada.

(4) PERSHING COUNTY.—The term ‘‘Pershing County’’ means

the Pershing County government, a political subunit of the

State of Nevada.

(5) LANDER COUNTY.—The term ‘‘Lander County’’ means

the Lander County government, a political subunit of the State

of Nevada.

SEC. 803. AUTHORITY TO CONVEY TITLE.

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act and in accordance with all applicable law, the

Secretary shall convey all right, title, and interest in and to the

lands and features of the Humboldt Project, as generally depicted

on the map entitled the ‘‘Humboldt Project Conveyance Act’’, and

dated July 3, 2002, including all water rights for storage and

diversion, to PCWCD, the State, Pershing County, and Lander

County, consistent with the terms and conditions set forth in the

Memorandum of Agreement between PCWCD and Lander County

dated January 24, 2000, the Conceptual Agreement between

PCWCD and the State dated October 18, 2001, the Letter of Agreement between Pershing County and the State dated April 16, 2002,

and any agreements between the Bureau of Reclamation and

PCWCD.

(b) MAP.—As soon as practicable after the date of the enactment

of this Act, the Secretary shall submit to Congress a map of the

Humboldt Project Conveyance. In case of a conflict between the

map referred to in subsection (a) and the map submitted by the

Secretary, the map referred to in subsection (b) shall control. The

map shall have the same force and effect as if included in this

Act, except that the Secretary may correct clerical and typographical

errors in such map and legal description. Copies of the map shall

be on file and available for public inspection in the Office of the

Commissioner of the Bureau of Reclamation and in the Office

of the Area Manager of the Bureau of Reclamation in Carson

City, Nevada.

Humboldt Project

Conveyance Act.

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2017

(c) COMPLIANCE WITH AGREEMENTS.—All parties to the conveyance under subsection (a) shall comply with the terms and conditions of the agreements cited in subsection (a).

(d) REPORT.—If the conveyance required by this section has

not been completed within 18 months after the date of enactment

of this Act, the Secretary shall submit a report to the Committee

on Resources of the House of Representatives and the Committee

on Energy and Natural Resources of the Senate that describes— (1) the status of the conveyance;

(2) any obstacles to completion of the conveyance; and

(3) the anticipated date for completion of the conveyance.

SEC. 804. PAYMENT.

(a) IN GENERAL.—As consideration for any conveyance required

by section 803, PCWCD shall pay to the United States the net

present value of miscellaneous revenues associated with the lands

and facilities to be conveyed.

(b) WITHDRAWN LANDS.—As consideration for any conveyance

of withdrawn lands required by section 803, the entity receiving

title shall pay the United States (in addition to amounts paid

under subsection (a)) the fair market value for any such lands

conveyed that were withdrawn from the public domain pursuant

to the Secretarial Orders dated March 16, 1934, and April 6, 1956.

(c) ADMINISTRATIVE COSTS.—Administrative costs for conveyance of any land or facility under this title shall be paid in equal

shares by the Secretary and the entity receiving title to the land

or facility, except costs identified in subsections (d) and (e).

(d) REAL ESTATE TRANSFER COSTS.—As a condition of any

conveyance of any land or facility required by section 803, costs

of all boundary surveys, title searches, cadastral surveys,

appraisals, maps, and other real estate transactions required for

the conveyance shall be paid by the entity receiving title to the

land or facility.

(e) NEPA COSTS.—Costs associated with any review required

under the National Environmental Policy Act of 1969 (42 U.S.C.

4321 et seq.) for conveyance of any land or facility under section

803 shall be paid in equal shares by the Secretary and the entity

receiving title to the land or facility.

(f) STATE OF NEVADA.—The State shall not be responsible for

any payments under this section. Any proposal by the State to

reconvey to another entity land conveyed by the Secretary under

this title shall be pursuant to an agreement with the Secretary

providing for fair market value to the United States for the lands,

and for continued management of the lands for recreation, wildlife

habitat, wetlands, or resource conservation.

SEC. 805. COMPLIANCE WITH OTHER LAWS.

Following the conveyance required by section 803, the district,

the State, Pershing County, and Lander County shall, with respect

to the interests conveyed, comply with all requirements of Federal,

State, and local law applicable to non-Federal water distribution

systems.

SEC. 806. REVOCATION OF WITHDRAWALS.

Effective on the date of the conveyance required by section

803, the Secretarial Orders dated March 16, 1934, and April 6,

1956, that withdrew public lands for the Rye Patch Reservoir and

the Humboldt Sink, are hereby revoked.

Effective date.

Deadline.

116 STAT. 2018 PUBLIC LAW 107–282—NOV. 6, 2002

SEC. 807. LIABILITY.

Effective on the date of the conveyance required by section

803, the United States shall not be held liable by any court for

damages of any kind arising out of any act, omission, or occurrence

relating to the Humboldt Project, except for damages caused by

acts of negligence committed by the United States or by its

employees or agents prior to the date of conveyance. Nothing in

this section shall be considered to increase the liability of the

United States beyond that currently provided in chapter 171 of

title 28, United States Code, popularly known as the ‘‘Federal

Tort Claims Act’’.

SEC. 808. NATIONAL ENVIRONMENTAL POLICY ACT.

Prior to any conveyance under this title, the Secretary shall

complete all actions as may be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.), and all other applicable

laws.

SEC. 809. FUTURE BENEFITS.

Upon conveyance of the lands and facilities by the Secretary

under this title, the Humboldt Project shall no longer be a Federal

reclamation project and the district shall not be entitled to receive

any future reclamation benefits with respect to that project, except

those benefits that would be available to other nonreclamation

districts.

TITLE IX—MISCELLANEOUS

PROVISIONS

SEC. 901. TECHNICAL AMENDMENTS TO THE MESQUITE LANDS ACT

2001.

Section 3 of Public Law 99–548 (100 Stat. 3061; 110 Stat.

3009–202) is amended—

(1) in subsection (d), by adding at the end the following:

‘‘(3) USE OF PROCEEDS.—The proceeds of the sale of each

parcel completed after the date of enactment of this subsection

shall be deposited in the special account established under

section 4(e)(1)(C) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345); and shall be available

for use by the Secretary—

‘‘(A) to reimburse costs incurred by the local offices

of the Bureau of Land Management in arranging the land

conveyances directed by this section;

‘‘(B) for the development of a multispecies habitat conservation plan for the Virgin River in Clark County,

Nevada, including any associated groundwater monitoring

plan; and

‘‘(C) as provided in section 4(e)(3) of that Act (112

Stat. 2346).

‘‘(4) TIMING.—Not later than 90 days after the date of

enactment of this section, the Secretary shall complete the

sale of any parcel authorized to be conveyed pursuant to this

section and for which the Secretary has received notification

from the city under paragraph (1).’’; and

Deadline.

Effective date.

PUBLIC LAW 107–282—NOV. 6, 2002 116 STAT. 2019

LEGISLATIVE HISTORY—H.R. 5200 (S. 2612):

HOUSE REPORTS: No. 107–750 (Comm. on Resources).

CONGRESSIONAL RECORD, Vol. 148 (2002):

Oct. 16, considered and passed House.

Oct. 17, considered and passed Senate.

Æ

(2) in subsection (f)(2)(B), by adding at the end the following: ‘‘(v) Sec. 7.’’.

Approved November 6, 2002.