173
(D) restoring historic buildings that relate 
to the purposes of the Heritage Area; 
(7) assist units of government and nonprofit or-
ganizations to ensure that clear, consistent, and en-
vironmentally appropriate signs identifying access 
points and sites of interest are placed throughout 
the Heritage Area; 
(8) conduct public meetings at least quarterly 
regarding the implementation of the Management 
Plan; 
(9) submit substantial amendments to the Man-
agement Plan to the Secretary for the approval of 
the Secretary; and 
(10) for any year in which Federal funds have 
been received under this Act—
(A) submit an annual report to the Sec-
retary that sets forth the accomplishments of 
the management entity and its expenses and in-
come; 
(B) make available to the Secretary for 
audit all records relating to the expenditure of 
such funds and any matching funds; and 
(C) require, with respect to all agreements 
authorizing expenditure of Federal funds by 
other organizations, that the receiving organiza-
174
tions make available to the Secretary for audit 
all records concerning the expenditure of such 
funds. 
(c) USE OF FEDERAL FUNDS.—
(1) IN
GENERAL.—The management entity 
shall not use Federal funds received under this Act 
to acquire real property or an interest in real prop-
erty. 
(2) OTHER SOURCES.—Nothing in this Act pre-
cludes the management entity from using Federal 
funds from other sources for authorized purposes. 
SEC. 1598. MANAGEMENT PLAN. 
(a) PREPARATION OF PLAN.—Not later than 3 years 
after the date of enactment of this Act, the management 
entity shall submit to the Secretary for approval a pro-
posed Management Plan that shall take into consideration 
State and local plans and involve residents, public agen-
cies, and private organizations in the Heritage Area. 
(b) CONTENTS.—The Management Plan shall incor-
porate an integrated and cooperative approach for the pro-
tection, enhancement, and interpretation of the natural, 
cultural, historic, scenic, and recreational resources of the 
Heritage Area and shall include the following: 
(1) An inventory of the resources contained in 
the core area of the Heritage Area, including the
175
Dayton Aviation Heritage Historical Park, the sites, 
buildings, and districts listed in section 202 of the 
Dayton Aviation Heritage Preservation Act of 1992 
(Public Law 102–419), and any other property in 
the Heritage Area that is related to the themes of 
the Heritage Area and that should be preserved, re-
stored, managed, or maintained because of its sig-
nificance. 
(2) An assessment of cultural landscapes within 
the Heritage Area. 
(3) Provisions for the protection, interpretation, 
and enjoyment of the resources of the Heritage Area 
consistent with the purposes of this Act. 
(4) An interpretation plan for the Heritage 
Area. 
(5) A program for implementation of the Man-
agement Plan by the management entity, including 
the following: 
(A) 
Facilitating 
ongoing 
collaboration 
among the partners to promote heritage tour-
ism and to develop educational and cultural 
programs for the public. 
(B) Assisting partners planning for res-
toration and construction.
176
(C) Specific commitments of the partners 
for the first 5 years of operation. 
(6) The identification of sources of funding for 
implementing the plan. 
(7) A description and evaluation of the manage-
ment entity, including its membership and organiza-
tional structure. 
(c) DISQUALIFICATION FROM FUNDING.—If a pro-
posed Management Plan is not submitted to the Secretary 
within 3 years of the date of the enactment of this Act, 
the management entity shall be ineligible to receive addi-
tional funding under this Act until the date on which the 
Secretary receives the proposed Management Plan. 
(d) APPROVAL AND DISAPPROVAL OF MANAGEMENT 
PLAN.—The Secretary, in consultation with the State of 
Ohio, shall approve or disapprove the proposed Manage-
ment Plan submitted under this Act not later than 90 
days after receiving such proposed Management Plan. 
(e) ACTION FOLLOWING DISAPPROVAL.—If the Sec-
retary disapproves a proposed Management Plan, the Sec-
retary shall advise the management entity in writing of 
the reasons for the disapproval and shall make rec-
ommendations for revisions to the proposed Management 
Plan. The Secretary shall approve or disapprove a pro-
177
posed revision within 90 days after the date it is sub-
mitted. 
(f) APPROVAL
OF AMENDMENTS.—The Secretary 
shall review and approve substantial amendments to the 
Management Plan. Funds appropriated under this Act 
may not be expended to implement any changes made by 
such amendment until the Secretary approves the amend-
ment.
SEC. 1599. DUTIES AND AUTHORITIES OF THE FEDERAL 
AGENCIES. 
(a) TECHNICAL AND FINANCIAL ASSISTANCE.—Upon 
the request of the management entity, the Secretary may 
provide technical assistance, on a reimbursable or non-
reimbursable basis, and financial assistance to the Herit-
age Area to develop and implement the Management Plan. 
The Secretary is authorized to enter into cooperative 
agreements with the management entity and other public 
or private entities for this purpose. In assisting the Herit-
age Area, the Secretary shall give priority to actions that 
in general assist in—
(1) conserving the significant natural, historic, 
cultural, and scenic resources of the Heritage Area; 
and
178
(2) providing educational, interpretive, and rec-
reational opportunities consistent with the purposes 
of the Heritage Area. 
(b) DUTIES OF OTHER FEDERAL AGENCIES.—Any 
Federal agency conducting or supporting activities directly 
affecting the Heritage Area shall—
(1) consult with the Secretary and the manage-
ment entity with respect to such activities; 
(2) cooperate with the Secretary and the man-
agement entity in carrying out their duties under 
this Act; 
(3) to the maximum extent practicable, coordi-
nate such activities with the carrying out of such du-
ties; and 
(4) to the maximum extent practicable, conduct 
or support such activities in a manner which the 
management entity determines will not have an ad-
verse effect on the Heritage Area. 
SEC. 1599A. COORDINATION BETWEEN THE SECRETARY 
AND THE SECRETARY OF DEFENSE AND THE 
ADMINISTRATOR OF NASA. 
The decisions concerning the execution of this sub-
title as it applies to properties under the control of the 
Secretary of Defense and the Administrator of the Na-
tional Aeronautics and Space Administration shall be
179
made by such Secretary or such Administrator, in con-
sultation with the Secretary of the Interior. 
SEC. 1599B. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—To carry out this subtitle there 
is authorized to be appropriated $10,000,000, except that 
not more than $1,000,000 may be appropriated to carry 
out this subtitle for any fiscal year. 
(b) 50 PERCENT MATCH.—The Federal share of the 
cost of activities carried out using any assistance or grant 
under this subtitle shall not exceed 50 percent. 
(c) OTHER FEDERAL FUNDS.—Other Federal fund-
ing received by the management entity for the implemen-
tation of this Act shall not be counted toward the author-
ized appropriation. 
SEC. 1599C. SUNSET PROVISION. 
The authority of the Secretary to provide assistance 
under this subtitle terminates on the date that is 15 years 
after the date of the enactment of this subtitle.
180
TITLE VI—LAND ACQUISITIONS, 
EXCHANGES, 
AND 
CONVEY-
ANCES 
Subtitle A—Desert Tortoise Habitat 
Conservation 
SEC. 1600. ACQUISITION OF CERTAIN PROPERTY IN WASH-
INGTON COUNTY, UTAH. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, effective 30 days after the date of the enact-
ment of this subtitle, all right, title, and interest in and 
to, and the right to immediate possession of, the 1,516 
acres of real property owned by Environmental Land 
Technology, Ltd. (ELT), within the Red Cliffs Reserve in 
Washington County, Utah, and the 34 acres of real prop-
erty owned by ELT which is adjacent to the land within 
the Reserve but is landlocked as a result of the creation 
of the Reserve, is hereby vested in the United States. 
(b) COMPENSATION FOR PROPERTY.—Subject to sec-
tion 309(f) of the Omnibus Parks and Public Lands Man-
agement of 1996 (Public Law 104–333), the United 
States shall pay just compensation to the owner of any 
real property taken pursuant to this section, determined 
as of the date of the enactment of this subtitle. An initial 
payment of $15,000,000 shall be made to the owner of 
such real property not later than 30 days after the date
181
of taking. The full faith and credit of the United States 
is hereby pledged to the payment of any judgment entered 
against the United States with respect to the taking of 
such property. Payment shall be in the amount of—
(1) the appraised value of such real property as 
agreed to by the land owner and the United States, 
plus interest from the date of the enactment of this 
subtitle; or 
(2) the valuation of such real property awarded 
by judgment, plus interest from the date of the en-
actment of this subtitle, reasonable costs and ex-
penses of holding such property from February 1990 
to the date of final payment, including damages, if 
any, and reasonable costs and attorneys fees, as de-
termined by the court. Payment shall be made from 
the permanent judgment appropriation established 
pursuant to section 1304 of title 31, United States 
Code, or from another appropriate Federal Govern-
ment fund. 
Interest under this subsection shall be compounded in the 
same manner as provided for in section 1(b)(2)(B) of the 
Act entitled ‘‘An Act to preserve within Manassas Na-
tional Battlefield Park, Virginia, the most important prop-
erties relating to the battle of Manassas, and for other 
purposes’’, approved 
April 
17, 
1954 
(16 
U.S.C.
182
429b(b)(2)(B)), except that the reference in that provision 
to ‘‘the date of the enactment of the Manassas National 
Battlefield Park Amendments of 1988’’ shall be deemed 
to be a reference to the date of the enactment of this sub-
title. 
(c) DETERMINATION BY COURT IN LIEU OF NEGO-
TIATED SETTLEMENT.—In the absence of a negotiated 
settlement, or an action by the owner, the Secretary of 
the Interior shall initiate within 90 days after the date 
of the enactment of this section a proceeding in the United 
States Federal District Court for the District of Utah, 
seeking a determination, subject to section 309(f) of the 
Omnibus Parks and Public Lands Management Act of 
1996 (Public Law 104–333), of the value of the real prop-
erty, reasonable costs and expenses of holding such prop-
erty from February 1990 to the date of final payment, 
including damages, if any, and reasonable costs and attor-
neys fees. 
Subtitle 
B—Property 
for 
Cum-
berland Gap National Historical 
Park 
SEC. 1601. SHORT TITLE. 
This subtitle may be cited as the ‘‘Fern Lake Con-
servation and Recreation Act’’.
183
SEC. 1602. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
(1) Fern Lake and its surrounding watershed 
in Bell County, Kentucky, and Claiborne County, 
Tennessee, is within the potential boundaries of 
Cumberland Gap National Historical Park as origi-
nally authorized by the Act of June 11, 1940 (54 
Stat. 262; 16 U.S.C. 261 et seq.). 
(2) The acquisition of Fern Lake and its sur-
rounding watershed and its inclusion in Cumberland 
Gap National Historical Park would protect the 
vista from Pinnacle Overlook, which is one of the 
park’s most valuable scenic resources and most pop-
ular attractions, and enhance recreational opportuni-
ties at the park. 
(3) Fern Lake is the water supply source for 
the city of Middlesboro, Kentucky, and environs. 
(4) The 4500-acre Fern Lake watershed is pri-
vately owned, and the 150-acre lake and part of the 
watershed are currently for sale, but the Secretary 
of the Interior is precluded by the first section of the 
Act of June 11, 1940 (16 U.S.C. 261), from using 
appropriated funds to acquire the lands. 
(b) PURPOSES.—The purposes of the Act are—
(1) to authorize the Secretary of the Interior to 
use appropriated funds if necessary, in addition to
184
other acquisition methods, to acquire from willing 
sellers Fern Lake and its surrounding watershed, in 
order to protect scenic and natural resources and en-
hance recreational opportunities at Cumberland Gap 
National Historical Park; and 
(2) to allow the continued supply of water from 
Fern Lake to the city of Middlesboro, Kentucky, and 
environs. 
SEC. 1603. LAND ACQUISITION, FERN LAKE, CUMBERLAND 
GAP NATIONAL HISTORICAL PARK. 
(a) DEFINITIONS.—In this section: 
(1) FERN
LAKE.—The term ‘‘Fern Lake’’ 
means Fern Lake located in Bell County, Kentucky, 
and Claiborne County, Tennessee. 
(2) LAND.—The term ‘‘land’’ means land, 
water, interests in land, and any improvements on 
the land. 
(3) PARK.—The term ‘‘park’’ means Cum-
berland Gap National Historical Park, as authorized 
and established by the Act of June 11, 1940 (54 
Stat. 262; 16 U.S.C. 261 et seq.). 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the National Park Service.
185
(b) ACQUISITION AUTHORIZED.—The Secretary may 
acquire for addition to the park lands consisting of ap-
proximately 4,500 acres and containing Fern Lake and 
its surrounding watershed, as generally depicted on the 
map entitled ‘‘Cumberland Gap National Historical Park, 
Fern Lake Watershed’’, numbered 380/80,004, and dated 
May 2001. The map shall be on file in the appropriate 
offices of the National Park Service. 
(c) AUTHORIZED ACQUISITION METHODS.—
(1) IN GENERAL.—Notwithstanding the Act of 
June 11, 1940 (16 U.S.C. 261 et seq.), the Sec-
retary may acquire lands described in subsection (b) 
by donation, purchase with donated or appropriated 
funds, or exchange. However, the lands may be ac-
quired only with the consent of the owner. 
(2) EASEMENTS.—At the discretion of the Sec-
retary, the Secretary may acquire land described in 
subsection (b) that is subject to an easement for 
water supply facilities and equipment associated 
with the withdrawal and delivery of water by a util-
ity from Fern Lake to the city of Middlesboro, Ken-
tucky, and environs. 
(d) BOUNDARY
ADJUSTMENT
AND
ADMINISTRA-
TION.—Upon the acquisition of land under this section, 
the Secretary shall revise the boundaries of the park to
186
include the land in the park. Subject to subsection (e), 
the Secretary shall administer the acquired lands as part 
of the park in accordance with the laws and regulations 
applicable to the park. 
(e) SPECIAL ISSUES RELATED TO FERN LAKE.—
(1) PROTECTION OF WATER SUPPLY.—The Sec-
retary shall manage public recreational use of Fern 
Lake, if acquired by the Secretary, in a manner that 
is consistent with the protection of the lake as a 
source 
of 
untreated 
water 
for 
the 
city 
of 
Middlesboro, Kentucky, and environs. 
(2) SALE OF WATER.—
(A) CONTRACT WITH UTILITY.—Upon the 
Secretary’s acquisition of land that includes 
Fern Lake, the Secretary shall enter into a con-
tract to sell untreated water from the lake to a 
utility that delivers and distributes water to the 
city of Middlesboro, Kentucky, and environs. 
The Secretary shall ensure that the terms and 
conditions of the contract are equitable, ensur-
ing a balance between the protection of park re-
sources and the delivery and distribution of suf-
ficient water to continue meeting the water de-
mands of the city of Middlesboro, Kentucky, 
and environs.
187
(B) PROCEEDS FROM WATER.—The Sec-
retary shall negotiate a reasonable return to the 
United States for the sale of the water, which 
the Secretary may receive in the form of re-
duced charges for water service. Proceeds from 
the sale of the water, reduced by any offsets for 
water service to the park, shall be available for 
expenditure by the Secretary at the park with-
out further appropriation. 
(f) CONSULTATION REQUIREMENTS.—In order to 
better manage Fern Lake and its surrounding watershed, 
if acquired by the Secretary, in a manner that will facili-
tate the provision of water for municipal needs as well as 
the establishment and promotion of new recreational op-
portunities made possible by the addition of Fern Lake 
to the park, the Secretary shall consult with—
(1) appropriate officials in the States of Ken-
tucky, Tennessee, and Virginia, and political subdivi-
sions of these States; 
(2) organizations involved in promoting tourism 
in these States; and 
(3) other interested parties.
188
Subtitle C—Sand Mountain 
Wilderness Study Area 
SEC. 1611. LAND CONVEYANCE, SAND MOUNTAIN WILDER-
NESS STUDY AREA, IDAHO. 
(a) CONVEYANCE
AUTHORIZED.—Notwithstanding 
section 603(c) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1782(c)), the Secretary of 
the Interior may convey to the owner of the Sand Hills 
Resort in the State of Idaho (in this section referred to 
as the ‘‘Sand Hills Resort’’), all right, title, and interest 
of the United States in and to a parcel of land consisting 
of approximately 10.23 acres of public land in the Sand 
Mountain Wilderness Study Area (#ID 35–3) of the Bu-
reau of Land Management in the State of Idaho, as more 
fully described in subsection (b). 
(b) DESCRIPTION OF LAND.—The public land to be 
conveyed under subsection (a) is lot 8 in section 19, town-
ship 8 north, range 40 east, Boise meridian, Idaho. 
(c) CONSIDERATION.—As consideration for the con-
veyance of the land under subsection (a), the Sand Hills 
Resort shall pay to the Secretary an amount equal to the 
fair market value of the land, as valued by qualified land 
appraisal. 
(d) EXEMPTION FROM INTERIM MANAGEMENT POL-
ICY.—To facilitate the conveyance authorized by sub-
189
section (a), the land to be conveyed is exempt from all 
requirements of the Interim Management Policy for Lands 
Under Wilderness Review of the Bureau of Land Manage-
ment. 
SEC. 1612. ADDITIONAL TERMS AND CONDITIONS. 
The Secretary may require such additional terms and 
conditions in connection with the conveyance under sub-
section (a) of section 1 as the Secretary considers appro-
priate to protect the interests of the United States. 
Subtitle D—Shooting Range in 
Nevada 
SEC. 1621. CONVEYANCE OF PROPERTY TO CLARK COUNTY, 
NEVADA. 
(a) FINDINGS.—The Congress finds that—
(1) the Las Vegas area has experienced such 
rapid growth in the last few years that traditional 
locations for target shooting are now too close to 
populated areas for safety; 
(2) there is a need to designate a centralized lo-
cation in the Las Vegas Valley where target shooters 
can practice safely; and 
(3) a central facility is also needed for persons 
training in the use of firearms, such as local law en-
forcement and security personnel. 
(b) PURPOSES.—The purposes of this subtitle are—
190
(1) to provide a suitable location for the estab-
lishment of a centralized shooting facility in the Las 
Vegas Valley; and 
(2) to provide the public with—
(A) opportunities for education and recre-
ation; and 
(B) a location for competitive events and 
marksmanship training. 
(c) CONVEYANCE.—As soon as practicable after the 
date of enactment of this subtitle, the Secretary of the 
Interior shall convey to Clark County, Nevada, subject to 
valid existing rights, for no consideration, all right, title, 
and interest of the United States in and to the parcels 
of land described in subsection (d). 
(d) LAND DESCRIPTIONS.—The parcels of land to be 
conveyed under subsection (c) are the parcels of land that 
are described as follows: 
(1) Approximately 320 acres of land in Clark 
County, Nevada, in S1⁄2, sec. 25, T. 18 S., R. 60 E., 
Mount Diablo Base and Meridian. 
(2) Approximately 320 acres of land in Clark 
County, Nevada, in S1⁄2, sec. 26, T. 18 S., R. 60 E., 
Mount Diablo Base and Meridian.
191
(3) Approximately 320 acres of land in Clark 
County, Nevada, in S1⁄2, sec. 27, T. 18 S., R. 60 E., 
Mount Diablo Base and Meridian. 
(4) Approximately 640 acres of land in Clark 
County, Nevada, in sec. 34, T. 18 S., R. 60 E., 
Mount Diablo Base and Meridian. 
(5) Approximately 640 acres of land in Clark 
County, Nevada, in sec. 35, T. 18 S., R. 60 E., 
Mount Diablo Base and Meridian. 
(6) Approximately 640 acres of land in Clark 
County, Nevada, in sec. 36, T. 18 S., R. 60 E., 
Mount Diablo Base and Meridian. 
(e) USE OF LAND.—
(1) IN GENERAL.—The parcels of land conveyed 
under subsection (c)—
(A) shall be used by Clark County for the 
purposes described in subsection (b) only; and 
(B) shall not be disposed of by the county. 
(2) REVERSION.—If Clark County ceases to use 
any parcel for the purposes described in subsection 
(b)—
(A) title to the parcel shall revert to the 
United States, at the option of the United 
States; and
192
(B) Clark County, Nevada, shall be re-
sponsible for any reclamation necessary to re-
vert the parcel to the United States. 
(f) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary of the Interior may require such additional terms 
and conditions in connection with the conveyance as the 
Secretary considers appropriate to protect the interests of 
the United States. 
(g) RELEASE OF LAND.—The Congress—
(1) finds that the parcels of land conveyed 
under subsection (c), comprising a portion of the 
Quail Springs Wilderness Study Area, NV–050–411, 
managed by the Bureau of Land Management and 
reported to the Congress in 1991, have been ade-
quately studied for wilderness designation under sec-
tion 603 of the Federal Land Management Policy 
Act of 1976 (43 U.S.C. 1782); and 
(2) declares that those parcels are no longer 
subject to the requirements contained in subsection 
(c) of that section pertaining to the management of 
wilderness study areas in a manner that does not 
impair the suitability of such areas for preservation 
as wilderness. 
(h) ADMINISTRATIVE COSTS.—The Secretary shall 
require that Clark County, Nevada, pay all survey costs
193
and other administrative costs necessary for the prepara-
tion and completion of any patents of and transfer of title 
to property under this section. 
Subtitle E—McLoughlin House 
Preservation 
SEC. 1631. DEFINITIONS. 
For the purposes of this subtitle, the following defini-
tions shall apply: 
(1) ASSOCIATION.—The term ‘‘Association’’ 
means the McLoughlin Memorial Association, an or-
ganization described in section 501(c)(3) of the In-
ternal Revenue Code of 1986 and exempt from tax-
ation under section 501(a) of such Code. 
(2) CITY.—The term ‘‘City’’ means Oregon 
City, Oregon. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 1632. FINDINGS. 
Congress finds the following: 
(1) On June 27, 1941, Acting Assistant Sec-
retary of the Interior W.C. Mendenhall, under the 
authority granted the Secretary under section 2 of 
the Historic Sites, Buildings and Antiquities Act (16 
U.S.C. 461 et seq.), established the McLoughlin 
Home National Historic Site located in the City.
194
(2) Since January 16, 1945, the site has been 
known as McLoughlin House National Historic Site. 
(3) The McLoughlin House National Historic 
Site includes both the McLoughlin House and Bar-
clay House, which are owned and managed by the 
Association. 
(4) The McLoughlin House National Historic 
Site is located in a Charter Park on Oregon City 
Block 40, which is owned by the City. 
(5) A cooperative agreement was made in 1941 
among the Association, the City, and the United 
States, providing for the preservation and use of the 
McLoughlin House as a national historic site. 
(6) The Association has had an exemplary and 
longstanding role in the stewardship of the 
McLoughlin House National Historic Site but is un-
able to continue that role. 
(7) The McLoughlin House National Historic 
Site has a direct relationship with Fort Vancouver 
National Historic Site due to Dr. John McLough-
lin’s importance as the Chief Factor of the Hudson 
Bay Company’s Fort Vancouver, the headquarters 
for the Hudson Bay Company’s Columbia Depart-
ment, and his subsequent role in the early history of
195
the settlement of the Oregon Territory to the extent 
that he is known as the ‘‘Father of Oregon’’. 
(8) The McLoughlin House National Historic 
Site has been an affiliated area of the National Park 
System and is worthy of recognition as part of the 
Fort Vancouver National Historic Site. 
SEC. 1633. BOUNDARY OF FORT VANCOUVER NATIONAL 
HISTORIC SITE. 
In recognition of the Secretary’s role and responsibil-
ities since June 27, 1941, and in order to preserve the 
McLoughlin House National Historic Site, the Secretary 
is authorized to acquire the McLoughlin House, consisting 
of approximately 1 acre, as generally depicted on the map 
entitled ‘‘McLoughlin National Historic Site’’, numbered 
007/80,000, and dated 12/01/01, as an addition to the 
Fort Vancouver National Historic Site. The map shall be 
on file and available for inspection in the appropriate of-
fices of the National Park Service, Department of the In-
terior. 
SEC. 1634. ACQUISITION AND ADMINISTRATION. 
(a) ACQUISITION.—The Secretary is authorized to ac-
quire the McLoughlin House from willing owners only, by 
donation, purchase with donated or appropriated funds, 
or exchange, except that lands or interests in lands owned 
by the City may be acquired by donation only.
196
(b) ADMINISTRATION.—The Secretary shall admin-
ister the McLoughlin House as an addition to Fort Van-
couver National Historic Site in accordance with the provi-
sions of law generally applicable to units of the National 
Park System. 
Subtitle F—Red Rock Canyon Na-
tional Conservation Area Pro-
tection and Enhancement 
SEC. 1641. SHORT TITLE. 
This subtitle may be cited as the ‘‘Red Rock Canyon 
National Conservation Area Protection and Enhancement 
Act of 2002’’. 
SEC. 1642. DEFINITIONS. 
In this subtitle, 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
197
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–Bound-
ary Modifications’’, dated July 1, 2002. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
SEC. 1643. 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.
198
(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 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 subtitle has the following pur-
poses: 
(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
199
and the Red Rock Canyon National Conservation 
Area Establishment Act of 1990. 
SEC. 1644. 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 non-
federal land owned by the Corporation and depicted on 
the Red Rock Map as ‘‘OFFERED LANDS TO BE IN-
CORPORATED 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 other-
wise provided in this subtitle, shall make the following con-
veyances: 
(1) To the Corporation, the approximately 998 
acres of Federal lands depicted on the Red Rock 
Map as ‘‘BLM LANDS SELECTED FOR EX-
CHANGE’’. 
(2) To Clark County, Nevada, the approxi-
mately 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 pri-
vate property and the Federal property to be conveyed 
pursuant to this section shall be conveyed at the same 
time.
200
(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 Sec-
retary shall require that the Corporation be respon-
sible 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 ac-
ceptable to the Corporation, Clark County, and the 
Secretary, of the common boundary between the par-
cels 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
201
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. 1645. STATUS AND MANAGEMENT OF LANDS. 
(a) INCLUSION OF BASIN LANDS.—Upon the date of 
the enactment of this subtitle, the Secretary shall admin-
ister 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 RE-
FLECTING BOUNDARY ADJUSTMENTS.—Upon acquisition 
by the United States of lands under this subtitle, the Sec-
retary 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
202
(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 sub-
title, 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 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. 1646. GENERAL PROVISIONS. 
(a) REVIEW OF APPRAISAL.—Not later than 90 days 
after the date of the enactment of this subtitle, the Sec-
retary 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
203
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 subtitle shall be subject to valid existing rights. 
Each party to which property is conveyed under this sub-
title shall succeed to the rights and obligations of the con-
veying party with respect to any lease, right-of-way, per-
mit, or other valid existing right to which the property 
is subject. 
(c) TECHNICAL CORRECTIONS.—Nothing in this sub-
title prohibits the parties to the conveyances under this 
subtitle from agreeing to the correction of technical errors 
or omissions in the Red Rock Map. 
(d) WITHDRAWAL OF AFFECTED LANDS.—To the ex-
tent 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 subtitle; and 
(2) those Federal lands already owned by the 
United States on the date of the enactment of this 
subtitle but included within the Red Rock National 
Conservation Area boundaries by this subtitle.
204
Subtitle G—Federal-Utah State 
Trust Lands Consolidation 
SEC. 1651. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal-Utah 
State Trust Lands Consolidation Act’’. 
SEC. 1652. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The San Rafael Swell in Utah is a 900-
square mile, wild and beautiful region west of the 
Green River. The San Rafael Swell is dominated by 
the jagged, uplifted San Rafael Reef, which has 
nearly two dozen major canyons and many side 
draws and box canyons. The San Rafael Swell tow-
ers above the desert like a wilderness castle, ringed 
by 1,000-foot ramparts of Navajo sandstone. Its 
highlands have been fractured by uplift and scooped 
hollow by erosion over countless millennia, leaving a 
tremendous basin punctuated by mesas, buttes, and 
canyons and traversed by sediment-laden desert 
streams. 
(2) The San Rafael Swell region was one of the 
country’s last frontiers and possesses important nat-
ural, historical, and cultural resources, including ex-
ceptional backcountry recreation opportunities, pro-
ductive habitat for Desert Bighorn Sheep, important
205
historical sites, including sections of the Old Spanish 
Trail and the Outlaw Trail, significant paleontolog-
ical resources, and multiple wilderness study areas 
created pursuant to section 603 of the Federal 
Lands Policy and Management Act of 1976, or oth-
erwise identified by local government and conserva-
tion interests as having significant conservation val-
ues. The beautiful rural landscapes, historic and cul-
tural landscapes, and spectacular scenic vistas of the 
San Rafael Swell region contain significant undevel-
oped recreational opportunities for people through-
out the United States. 
(3) The State of Utah owns approximately 
102,871 acres of land located in the San Rafael 
Swell region and administered by the Utah School 
and Institutional Trust Lands Administration. 
These lands were granted by the Congress to the 
State of Utah pursuant to the Utah Enabling Act of 
1894 (chapter 138; 23 Stat. 107), to be held in 
trust for the benefit of the State’s public school sys-
tem and other public institutions. The lands are 
largely scattered in checkerboard fashion amidst the 
Federal lands comprising the remainder of the San 
Rafael Swell area.
206
(4) Development of surface and mineral re-
sources on State trust lands within the San Rafael 
Swell area, or the sale of such lands into private 
ownership, could be incompatible with management 
of such lands for nonimpairment of their wilderness 
characteristics pursuant to section 603(c) of the 
Federal Land Policy and Management Act of 1976, 
with future congressional designation of the lands as 
wilderness, or with future designation of such lands 
as a national monument, national heritage area, or 
other conservation designation. 
(5) The State of Utah also owns 3,533 acres of 
land within or directly adjacent to the Manti-La Sal 
National Forest in Grand and Emery Counties, 
Utah, and 6,411 acres of land within the Red Cliffs 
Desert Reserve, a conservation reserve established in 
1995 by the United States and Washington County, 
Utah, to implement a multiple-species habitat con-
servation plan approved by the Fish and Wildlife 
Service under section 10(a) of the Endangered Spe-
cies Act of 1973. The Reserve contains the highest 
density of critical habitat for the Mojave desert tor-
toise, a threatened species, in the United States. 
These State trust lands are also administered by the 
Utah School and Institutional Trust Lands Adminis-
207
tration, but the use of such lands by the State is 
limited because of the conservation designations of 
surrounding Federal lands. 
(6) The United States owns lands and interests 
in lands elsewhere in Utah that can be transferred 
to the State of Utah in exchange for the San Rafael 
Swell inholdings, the Manti-La Sal forest lands, and 
the Red Cliffs Desert Reserve lands without jeopard-
izing Federal management objectives or needs.
(7) The large presence of State trust land 
inholdings in the San Rafael Swell region, the 
Manti-La Sal National Forest, and the Red Cliffs 
Desert Reserve makes land and resource manage-
ment in these areas difficult, costly, and controver-
sial for both the State of Utah and the United 
States. 
(8) It is in the public interest to reach agree-
ment on exchange of such inholdings, on terms fair 
to both the State of Utah and the United States. 
Such an agreement, subject to ratification by Con-
gress and consent by the Utah legislature, would 
save much time and delay in meeting the legitimate 
expectations of the State school and institutional 
trusts, in simplifying management of Federal lands,
208
and in avoiding the significant time and expense as-
sociated with administrative land exchanges. 
(9) The State of Utah and the United States 
have reached an agreement under which the State 
would exchange certain State trust lands within the 
San Rafael Swell region, the Manti-La Sal National 
Forest, and the Red Cliffs Desert Reserve for var-
ious Federal lands outside of those areas but in the 
same region of Utah. 
(10) The parties agreed at the outset of nego-
tiations to avoid identifying Federal assets for con-
veyance to the State where any of the following was 
known to exist or likely to be an issue as a result 
of foreseeable future uses of the lands: 
(A) Wilderness study areas. 
(B) Areas proposed for wilderness designa-
tion in pending Federal legislation. 
(C) Significant endangered species habitat. 
(D) Significant archaeological resources. 
(E) Areas of critical environmental con-
cern. 
(F) Other lands known to raise significant 
environmental concerns of any kind. 
(11) Because the State trust lands to be ac-
quired by the Federal Government include properties
209
within some of the most spectacular wild areas in 
the western United States, and because a mission of 
the Utah School and Institutional Trust Lands Ad-
ministration is to produce economic benefits for 
Utah’s public schools and other beneficiary institu-
tions, the exchange of lands called for in this agree-
ment will resolve longstanding environmental con-
flicts with respect to existing and proposed wilder-
ness study areas, place important natural lands into 
public ownership, and further the interests of the 
State trust lands, the school children of Utah, and 
these conservation resources. 
(12) Under this agreement, the State interests 
to be conveyed to the United States by the State of 
Utah, and the Federal interests to be conveyed to 
the State of Utah by the United States, have been 
examined by licensed independent real estate con-
sultants and, taken as a whole, have been found to 
be approximately equal in value. 
(b) PURPOSE.—The purpose of this subtitle is to 
enact into law and direct prompt implementation of this 
agreement, and thereby to further the public interest by 
consolidating State and Federal lands into manageable 
units while facilitating the protection of lands with signifi-
cant scientific, cultural, and natural resources.
210
SEC. 1653. RATIFICATION OF THE AGREED EXCHANGE BE-
TWEEN THE STATE OF UTAH AND THE 
UNITED STATES. 
(a) AGREEMENT.—The State of Utah, the Depart-
ment of the Interior, and the Department of Agriculture 
have agreed to exchange certain Federal lands in the State 
of Utah for lands of approximately equal value managed 
by the Utah School and Institutional Trust Lands Admin-
istration in the San Rafael Swell area of Utah, the Manti-
La Sal National Forest, and the Red Cliffs Desert Re-
serve. 
(b) RATIFICATION.—All terms, conditions, proce-
dures, covenants, reservations, and other provisions set 
forth in the document entitled ‘‘Agreement for Exchange 
of Lands 2002 Federal-Utah State Trust Lands Consoli-
dation’’, dated June 18, 2002 (in this subtitle referred to 
as ‘‘the Agreement’’), are hereby incorporated in this sub-
title, are ratified and confirmed, and set forth the obliga-
tions of the United States, the State of Utah, and the 
Utah School and Institutional Trust Lands Administra-
tion, as a matter of Federal law. 
SEC. 1654. CONVEYANCES. 
(a) CONVEYANCES.—All conveyances under sections 
2, 3, and 4 of the Agreement shall be completed not later 
than 70 days after enactment of this subtitle. 
(b) MAPS AND LEGAL DESCRIPTIONS.—
211
(1) IN GENERAL.—The maps and legal descrip-
tions referred to in the Agreement depict the lands 
subject to the conveyances under the Agreement. 
(2) PUBLIC
AVAILABILITY.—The maps and 
legal descriptions referred to in the Agreement shall 
be on file and available for public inspection in the 
offices of the Secretary of the Interior, the Secretary 
of Agriculture, the Intermountain Regional Office of 
the Forest Service, and the Utah State Director of 
the Bureau of Land Management. 
(3) CONFLICT.—In case of any conflict between 
the maps and the legal descriptions in the Agree-
ment, the legal descriptions shall control. 
(c) CERTAIN COAL LANDS.— 
(1) IDENTIFICATION.—The Secretary of the In-
terior shall prepare legal descriptions for the ap-
proximately 4,000 acres of Federal lands that State 
of Utah and the Secretary have identified within sec-
tions 1 through 17 of township 22 south, range 6 
east, and within township 22 south, range 7 east, 
Salt Lake Base and Meridian, Utah. 
(2) RESTRICTION
ON
CONVEYANCE.—Convey-
ance of the lands identified in paragraph (1) shall 
reserve to the United States the coal estate and the 
right to develop the coal estate.
212
(3) FUTURE DISPOSITION.—Reservation of the 
coal estate pursuant to paragraph (2) shall not re-
strict future disposition of the coal estate pursuant 
to applicable law. 
(d) SPECIES IDENTIFICATION.—Prior to any convey-
ances under this subtitle, the Secretary of the Interior 
shall identify Federal lands subject to the Agreement 
which contain wildlife species, or habitat of wildlife spe-
cies, listed as a threatened species or an endangered spe-
cies under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) or that is a candidate for such a listing. 
(e) INDEPENDENT MINERAL ASSESSMENT.—Prior to 
any conveyances under this subtitle, the Secretary of the 
Interior and the State of Utah shall select an independent 
qualified mineral appraiser, or other qualified expert 
agreeable to both parties, who shall determine whether the 
terms of the Agreement related to the UA/UB parcel, 
identified in section 3(d) of the Agreement, are fair and 
equitable to both parties. If there is a contrary determina-
tion, the Secretary and the State shall adjust the exchange 
or terms of the Agreement so that the terms are fair and 
equitable to both parties. 
(f) EXCEPTIONS TO CONVEYANCES.—
(1) LEGAL DESCRIPTIONS.—The Secretary of 
the Interior shall prepare legal descriptions, using
213
the smallest possible aliquot parts, for lands within 
sections 4, 5, 8, and 9, township 22 south, range 7 
east, and within section 12, township 22 south, 
range 6 east, Salt Lake Base and Meridian, and 
which are identified on the map entitled ‘‘Emery 
County Lands’’, dated September 27, 2002. 
(2) LANDS
NOT
AUTHORIZED
TO
BE
CON-
VEYED.—The lands identified in paragraph (1) shall 
not be conveyed pursuant to subsection (a). In addi-
tion, lands within section 17, township 22 south, 
range 7 east, and within section 33, township 21 
south, range 7 east, Salt Lake Base and Meridian, 
shall not be conveyed pursuant to subsection (a). 
(3) LANDS NOT AUTHORIZED TO BE ACCEPT-
ED.—The Secretary of the Interior shall not accept 
conveyance of section 36, township 24 south, range 
6 east; section 32, township 24 south, range 14 east; 
and section 2, township 26 south, range 8 east, Salt 
Lake Base and Meridian, Utah, pursuant to sub-
section (a). 
SEC. 1655. PLANT AND WILDLIFE SPECIES. 
For the lands identified under section 1654(d), and 
the lands identified in Exhibit E to the Agreement, the 
Secretary of the Interior and the State of Utah shall enter 
into an agreement which provides a process for the State
220
(b) NATIONAL TRAILS.—Section 5(a) of the National 
Trails System Act (16 U.S.C. 1244(a)) is amended—
(1) by redesignating the second paragraph (21), 
pertaining to the Ala Kahakai National Historic 
Trail, and enacted by Public Law 106–509 as para-
graph (22); and 
(2) by moving the margins of paragraphs (21) 
and (22) 2 ems to the left. 
SEC. 1705. JAMESTOWN 400TH COMMEMORATION COMMIS-
SION. 
The Jamestown 400th Commemoration Commission 
Act of 2000 (Public Law 106–565; 114 Stat. 2812; 16 
U.S.C. 81 note) is amended—
(1) in section 2(a)(5), by striking ‘‘State’’; 
(2) in sections 2(b), 3(3), and 4(h), by striking 
‘‘State’’ and inserting ‘‘Commonwealth’’ each place 
it appears; 
(3) in section 3, by striking paragraph (5) and 
inserting the following: 
‘‘(5) COMMONWEALTH.—The term ‘Common-
wealth’ means the Commonwealth of Virginia, in-
cluding agencies and entities of the Common-
wealth.’’; and 
(4) in section 4(b)(1), by striking ‘‘16’’ and in-
serting ‘‘15’’.
221
SEC. 1706. ROSIE THE RIVETER-WORLD WAR II HOME 
FRONT NATIONAL HISTORICAL PARK. 
The Rosie the Riveter/World War II Home Front Na-
tional Historical Park Establishment Act of 2000 (Public 
Law 106–352; 114 Stat. 1371; 16 U.S.C. 410ggg et seq.) 
is amended—
(1) in section 2(b), by striking ‘‘numbered 963/
80000’’ and inserting ‘‘numbered 963/80,000’’; 
(2) in section 3(b)(1), by striking ‘‘the World 
War II Child Development Centers, the World War 
II worker housing, the Kaiser-Permanente Field 
Hospital, and Fire Station 67A,’’ and inserting ‘‘the 
Child Development Field Centers (Ruth C. Powers) 
(Maritime), 
Atchison 
Housing, 
the 
Kaiser-
Permanente Field Hospital, and Richmond Fire Sta-
tion 67A,’’; and 
(3) in section 3(e)(2), by striking ‘‘the World 
War II day care centers, the World War II worker 
housing, the Kaiser-Permanente Field Hospital, and 
Fire Station 67,’’ and inserting ‘‘the Child Develop-
ment Field Centers (Ruth C. Powers) (Maritime), 
Atchison Housing, the Kaiser-Permanente Field 
Hospital, and Richmond Fire Station 67A,’’.
222
SEC. 1707. VICKSBURG CAMPAIGN TRAIL BATTLEFIELDS. 
The Vicksburg Campaign Trail Battlefields Preserva-
tion Act of 2000 (Public Law 106–487; 114 Stat. 2202) 
is amended—
(1) in section 2(a)(1), by striking ‘‘and Ten-
nessee’’ and inserting ‘‘Tennessee, and Kentucky’’; 
(2) in section 3(1), by striking ‘‘and Ten-
nessee,’’ and inserting ‘‘Tennessee, and Kentucky,’’; 
and 
(3) in section 3(2)—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (R); 
(B) by redesignating subparagraph (S) as 
subparagraph (T); and 
(C) by inserting a new subparagraph (S) 
as follows: 
‘‘(S) Fort Heiman in Calloway County, 
Kentucky, and resources in and around Colum-
bus in Hickman County, Kentucky; and’’. 
SEC. 1708. HARRIET TUBMAN SPECIAL RESOURCE STUDY. 
Section 3(c) of the Harriet Tubman Special Resource 
Study Act (Public Law 106–516; 114 Stat. 2405) is 
amended by striking ‘‘Public Law 91–383’’ and all that 
follows through ‘‘3501)’’ and inserting ‘‘the National Park 
System General Authorities Act (16 U.S.C. 1a–5)’’.