I
107TH CONGRESS
2D SESSION
H. R. 4141
To authorize the acquisition by exchange of lands for inclusion in the Red
Rock Canyon National Conservation Area, Clark County, Nevada, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 2002
Mr. GIBBONS introduced the following bill; which was referred to the
Committee on Resources
A BILL
To authorize the acquisition by exchange of lands for inclu-
sion in the Red Rock Canyon National Conservation
Area, Clark County, Nevada, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Red Rock Canyon Na-
tional Conservation Area Protection and Enhancement
Act of 2002’’.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) CORPORATION.—The term ‘‘Corporation’’
means The Howard Hughes Corporation, an affiliate
of the Rouse Company, with its principal place of
business at 10000 West Charleston Boulevard, Las
Vegas, Nevada.
(2) RED ROCK.—The term ‘‘Red Rock’’ means
the Red Rock Canyon National Conservation Area,
consisting of approximately 195,780 acres of public
lands in Clark County, Nevada, specially designated
for protection in the Red Rock Canyon National
Conservation Area Establishment Act of 1990 (16
U.S.C. 460ccc et seq.), as depicted on the Red Rock
Map.
(3) RED
ROCK
MAP.—The term ‘‘Red Rock
Map’’ means the map entitled ‘‘Red Rock Enhance-
ment Act’’, dated February 12, 2002.
(4) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
SEC. 3. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress makes the following
findings:
(1) Red Rock is a natural resource of major
significance to the people of Nevada and the United
States. It must be protected in its natural state for
the enjoyment of future generations of Nevadans
and Americans, and enhanced wherever possible.
(2) In 1998, the Congress enacted the Southern
Nevada Public Lands Management Act of 1998
(Public Law 105–263), which provided among other
things for the protection and enhancement of Red
Rock.
(3) The Corporation owns much of the private
land on Red Rock’s eastern boundary, and is en-
gaged in developing a large-scale master-planned
community.
(4) Included in the Corporation’s land holdings
are 1071 acres of high-ground lands at the eastern
edge of Red Rock. These lands were intended to be
included in Red Rock, but to date have not been ac-
quired 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 be-
tween 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 Corpora-
tion.
(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 South-
ern Nevada Public Lands Management Act of 1998
and the Red Rock Canyon National Conservation
Area Establishment Act of 1990.
SEC. 4. RED ROCK LAND EXCHANGE.
(a) ACQUISITION REQUIREMENT.—If the Corporation
offers to convey to the United States all of its right, title,
and interest in and to the property owned by the Corpora-
tion and depicted on the Red Rock Map as ‘‘OFFERED
LANDS TO BE INCORPORATED INTO NCA’’, the
Secretary shall accept such offer on behalf of the United
States, and not later than 60 days after the date of the
offer, unconditionally and without limitation, except as
otherwise provided in this Act, make the following convey-
ances:
(1) To the Corporation, the Federal lands de-
picted on the Red Rock Map as ‘‘BLM LANDS SE-
LECTED FOR EXCHANGE’’.
(2) To Clark County, Nevada, the Federal
lands depicted on the Red Rock Map as ‘‘BLM
LANDS FOR CLARK COUNTY PARK’’.
(b) SIMULTANEOUS CONVEYANCES.—Title to the pri-
vate property and the Federal property to be conveyed
pursuant to this section shall be conveyed under this sec-
tion at the same time.
(c) MAP.—The Secretary shall keep the Red Rock
Map on file and available for public inspection in the Las
Vegas District Office of the Bureau of Land Management
in Nevada, and the State Office of the Bureau of Land
Management, Reno, Nevada.
(d) LANDS TRANSFERRED TO CLARK COUNTY.—As
a condition of any conveyance under subsection (a)(2), the
Secretary shall require that—
(1) the lands transferred to Clark County by
the United States must be held in perpetuity by the
County for use only as a public park or as part of
a public regional trail system; and
(2) if the County attempts to transfer the lands
or to undertake a use on the lands that is incon-
sistent with their preservation and use as described
in paragraph (1), such lands shall revert to the
United States.
(e) EQUAL VALUE EXCHANGE.—Based on the ap-
praisals thereof made for purposes of the exchange under
this section, the Federal property and the private property
to be exchanged are deemed to be of equal value, and no
additional valuation determinations are required.
SEC. 5. STATUS AND MANAGEMENT OF ACQUIRED LANDS.
(a) INCLUSION
AND BOUNDARY ADJUSTMENT.—
Upon acquisition by the United States of lands under this
Act, the Secretary shall—
(1) administer the lands as part of Red Rock
and in accordance with the Red Rock Canyon Na-
tional 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 Man-
agement and the State Office of the Bureau of Land
Management, Reno, Nevada.
(b) CONFORMING AMENDMENT.—Section 3(a)(2) of
the Red Rock Canyon National Conservation Area Estab-
lishment 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 conserva-
tion area pursuant to the Red Rock Canyon National Con-
servation Area Protection and Enhancement Act of
2002’’.
SEC. 6. GENERAL PROVISIONS.
(a) RELATIONSHIP TO OTHER LAWS.—Implementa-
tion of this Act—
(1) shall not be considered a major Federal ac-
tion significantly affecting the quality of the environ-
ment under section 102 of the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4332);
(2) does not require the preparation of an envi-
ronmental assessment in accordance with that Act
(42 U.S.C. 4321 et seq.); and
(3) does not require further consideration or ac-
tion pursuant to the National Historic Preservation
Act (16 U.S.C. 470 et seq.), or any other law or Ex-
ecutive order.
(b) VALID EXISTING RIGHTS.—The land exchange
under this Act shall be subject to valid existing rights.
Each party to which property is conveyed under this Act
shall succeed to the rights and obligations of the conveying
party with respect to any lease, right-of-way, permit, or
other valid existing right to which the property is subject.
(c) TECHNICAL CORRECTIONS.—Nothing in this Act
prohibits the parties to the conveyances under this Act
from agreeing to the correction of technical errors or omis-
sions in the Red Rock Map.
(d) WITHDRAWAL OF AFFECTED LANDS.—To the ex-
tent not already accomplished under existing laws or ad-
ministrative actions, the Secretary shall withdraw the Fed-
eral lands acquired by the United States under this Act
from operation of the public land and mining laws, subject
to valid existing rights.
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