Home > 107th Congressional Public Laws > Pub.L. 107-283 To designate the facility of the United States Postal Service located at 301 South Howes Street in Fort Collins, Colorado, as the ``Barney Apodaca Post Office''. <> ...
Pub.L. 107-283 To designate the facility of the United States Postal Service located at 301 South Howes Street in Fort Collins, Colorado, as the ``Barney Apodaca Post Office''. <> ...
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[[Page 1993]]
CLARK COUNTY CONSERVATION OF PUBLIC LAND AND NATURAL RESOURCES ACT OF
2002
[[Page 116 STAT. 1994]]
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. <<NOTE: Nov. 6, 2002 - [H.R. 5200]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Clark County Conservation
of Public Land and Natural Resources Act of 2002.>> assembled,
SECTION 1. <<NOTE: 16 USC 460qqq note.>> 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.
[[Page 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. <<NOTE: 16 USC 460qqq-1 note.>> 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 <<NOTE: Red Rock Canyon National Conservation Area
Protection and Enhancement Act of 2002.>> ROCK CANYON NATIONAL
CONSERVATION AREA LAND EXCHANGE AND BOUNDARY ADJUSTMENT
SEC. 101. <<NOTE: 16 USC 460ccc-4 note.>> SHORT TITLE.
This title may be cited as the ``Red Rock Canyon National
Conservation Area Protection and Enhancement Act of 2002''.
[[Page 116 STAT. 1996]]
SEC. 102. <<NOTE: 16 USC 460ccc-4 note.>> 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. <<NOTE: 16 USC 460ccc-4 note.>> 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 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 Management Act of 1998 and the Red Rock Canyon
National Conservation Area Establishment Act of 1990.
SEC. 104. <<NOTE: 16 USC 460ccc-4 note.>> RED ROCK CANYON LAND EXCHANGE.
(a) Acquisition <<NOTE: Deadline.>> 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
[[Page 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 <<NOTE: Deadline.>> 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.--
[[Page 116 STAT. 1998]]
(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. <<NOTE: 16 USC 460ccc-4 note.>> STATUS AND MANAGEMENT OF
LANDS.
(a) Inclusion <<NOTE: Effective date.>> 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--
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