§ 460ccc-4. — Acquisitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460ccc-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CXIV--RED ROCK CANYON NATIONAL CONSERVATION AREA
Sec. 460ccc-4. Acquisitions
(a) In general
(1) Within the conservation area, and subject to the provisions of
this section, the Secretary is authorized to acquire lands, interests in
lands, and associated water rights, by donation, purchase with donated
or appropriated funds, exchange for Federal lands outside the
conservation area, or transfer from another Federal agency with the
concurrence of the head of the appropriate agency thereof.
(2) Lands or interests therein owned by the State of Nevada or a
political subdivision thereof may be acquired by donation or exchange
only.
(3) No privately owned lands, interests in lands, or associated
water rights, may be acquired without the consent of the owner thereof
unless the Secretary determines that, in his judgment, the property is
subject to, or threatened with, uses which are having, or would have, an
adverse impact on the resource values for which the conservation area
was established.
(4) Any lands, waters, or interests therein within the boundaries of
the conservation area which after November 16, 1990, may be acquired by
the United States shall be incorporated into the conservation area and
be managed accordingly, and all provisions of this subchapter and other
laws applicable to conservation areas shall apply to such incorporated
lands.
(b) Land exchanges
All exchanges pursuant to subsection (a) of this section shall be
made in a manner consistent with section 1716 of title 43.
(Pub. L. 101-621, Sec. 6, Nov. 16, 1990, 104 Stat. 3344.)
Red Rock Canyon National Conservation Area Protection and Enhancement
Pub. L. 107-282, title I, Nov. 6, 2002, 116 Stat. 1995, provided
that:
``SEC. 101. SHORT TITLE.
``This title [amending section 460ccc-1 of this title and enacting
this note] may be cited as the `Red Rock Canyon National Conservation
Area Protection and Enhancement Act of 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 [Land] Management Act of 1998 (Public Law 105-263) [see Short
Title of 1998 Amendment note set out under section 6901 of Title 31,
Money and Finance], 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 high-ground
lands to the United States in exchange for the transfer of other
lands of approximately equal value to the Corporation.
``(2) To protect Red Rock 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 [Land] 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 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 [sic] (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.--
``(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 [Nov. 6, 2002], 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 [Pub. L. 107-282, see Short Title note
set out under section 460qqq of this title], 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 [Land] 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.--[Amended section 460ccc-1 of this
title.]
``SEC. 106. GENERAL PROVISIONS.
``(a) Review of Appraisal.--Not later than 90 days after the date of
the enactment of this Act [Nov. 6, 2002], 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
[sic] Management Act of 1998.
``(b) Valid Existing Rights.--The land exchange under this Act shall
be subject to valid existing rights. Each party to which property is
conveyed under this Act shall succeed to the rights and obligations of
the conveying party with respect to any lease, right-of-way, permit, or
other valid existing right to which the property is subject.
``(c) Technical Corrections.--Nothing in this Act prohibits the
parties to the conveyances under this Act from agreeing to the
correction of technical errors or omissions in the Red Rock Map.
``(d) Withdrawal of Affected Lands.--To the extent not already
accomplished under law or administrative action, the Secretary shall
withdraw from operation of the public land and mining laws, subject to
valid existing rights--
``(1) those Federal lands acquired by the United States under
this Act; and
``(2) those Federal lands already owned by the United States on
the date of enactment of this Act but included within the Red Rock
National Conservation Area boundaries by this Act.''
[For definitions of terms used in title I of Pub. L. 107-282, set
out above, see section 3 of Pub. L. 107-282, set out as a note under
section 460qqq-1 of this title.]
