[House Report 107-705]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-705
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RED ROCK CANYON NATIONAL CONSERVATION AREA PROTECTION AND ENHANCEMENT
ACT OF 2002
_______
October 1, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4141]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(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, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red Rock Canyon National 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 ``H.R. 4141--Boundary Modifications'', dated July 1,
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 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.
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 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 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 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 Southern 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 right, title, and interest in and to the
approximately 1,082 acres of nonfederal land owned by the Corporation
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 90 days after the date of the offer,
except as otherwise provided in this Act, shall make the following
conveyances:
(1) To the Corporation, the approximately 998 acres of
Federal lands depicted on the Red Rock Map as ``BLM LANDS
SELECTED FOR EXCHANGE''.
(2) To Clark County, Nevada, the approximately 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 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 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 revert to the United
States.
SEC. 5. STATUS AND MANAGEMENT OF LANDS.
(a) Inclusion of Basin Lands.--Upon the date of the enactment of this
Act, the Secretary shall administer 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 Reflecting Boundary
Adjustments.--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 by 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. 6. 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 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 the enactment of this Act but included within the
Red Rock National Conservation Area boundaries by this Act.
Purpose of the Bill
The purpose of H.R. 4141 is to authorize the acquisition by
exchange of lands for inclusion in the Red Rock Canyon National
Conservation Area, Clark County, Nevada.
Background and Need for Legislation
In 1998, Congress passed the Southern Nevada Public Land
Management Act (PL 105-263), which provides for the orderly
disposal of federal lands in Clark County, Nevada, and for the
acquisition of environmentally sensitive lands in the State of
Nevada.
H.R. 4141, which represents the orderly disposal of Federal
land, would promulgate the exchange of 1,071 acres of private,
environmentally sensitive, mountainous land on the eastern
border of the Red Rock Canyon National Conservation Area
(195,780 acres) held by the Howard Hughes Corporation for 998
acres of Bureau of Land Management (BLM) lands use to expand
its Summerlin master-planned community. The land Hughes
Corporation would convey includes archeological, scenic and
recreational values. Furthermore, the public lands to be
acquired by the Hughes Corporation run contiguous with the
Hughes corporate land holdings as well as lie within the
disposal boundaries identified by the Southern Nevada Public
Land Management Act for development. Therefore, this exchange
would be a fulfillment of the stated goals of the Southern
Nevada Public Land Management Act and, more importantly, would
place more land into the public domain than it would remove. In
addition, the bill calls for 1,250 acres of BLM land behind the
proposed development site to go to Clark County for a county
park.
Committee Action
H.R. 4141 was introduced on April 10, 2002, by Congressman
Jim Gibbons (R-NV). The bill was referred to the Committee on
Resources and within the Committee to the Subcommittee on
National Parks, Recreation, and Public Lands. On June 6, 2002,
the Subcommittee on National Parks, Recreation, and Public
Lands held a hearing on the bill. On September 12, 2002, the
Full Resources Committee met to consider the bill. Congressman
Gibbons offered an amendment in the nature of a substitute that
made the following changes to the original text: (1) Specified
the acreage to be exchanged; (2) required the Hughes
Corporation to be responsible for the removal and remediation
of any hazardous material on their lands; (3) required the
Secretary of the Interior to review the appraisal cited in the
bill and mandated that the Hughes Corporation pay the
difference of the appraisal; (4) directed the Secretary of the
Interior to administer retention basins, and (5) corrected the
map name and number cited in the bill. The amendment was agreed
to by unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8, Article IV, section 3 of the
Constitution of the United States grants Congress the authority
to enact this bill.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office, the
government may receive offsetting receipts of amounts up to
$300,000. These amounts could be used to acquire nonfederal
lands and make payments to local governments.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to authorize the acquisition by
exchange of lands for inclusion in the Red Rock Canyon National
Conservation Area, Clark County, Nevada.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 27, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4141, the Red Rock
Canyon National Conservation Area Protection and Enhancement
Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4141--Red Rock Canyon National Conservation Area Protection and
Enhancement Act of 2002
CBO estimates that H.R. 4141 would not significantly affect
the federal budget. The bill could affect direct spending
(including offsetting receipts); therefore, pay-as-you-go
procedures would apply, but we estimate that any such effects
would be negligible. H.R. 4141 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on state, local, or tribal
governments.
H.R. 4141 would direct the Secretary of the Interior to
convey to a private corporation about 998 acres of federal
lands in Nevada in exchange for approximately 1,082 acres of
lands owned by that corporation. If the federal lands are worth
more than the private lands, the corporation would pay the
difference. Based on preliminary information from the Bureau of
Land Management (BLM) regarding the estimated value of the
lands to be exchanged, CBO estimates that offsetting receipts
from such payments would total $300,000. Under H.R. 4141, such
amounts could be used in the same year they are received to
acquire nonfederal lands and make payments to local
governments. Hence, we estimate that completing this land
exchange would have a negligible impact on direct spending.
H.R. 4141 also would direct the Secretary to convey to
Clark County, Nevada, without consideration, roughly 1,221
acres of federal lands located within that county. In addition,
the bill would add certain federal lands to the Red Rock Canyon
National Conservation Area and would withdraw those lands from
programs to develop geothermal and mineral resources. According
to BLM, none of the lands affected by these provisions generate
significant receipts, and they are not expected to do so over
the next 10 years. Hence, CBO estimates that enacting those
provisions would not significantly affect offsetting receipts
or direct spending.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Robert A. Sunshine, Director for
Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 3 OF THE RED ROCK CANYON NATIONAL CONSERVATION AREA
ESTABLISHMENT ACT OF 1990
SEC. 3. ESTABLISHMENT OF THE CONSERVATION AREA.
(a) In General.--(1) * * *
(2) The conservation areas shall consist of approximately
195,780 acres as generally depicted on the map entitled ``Red
Rock Canyon National Conservation Area Administrative Boundary
Modification'', dated August 8, 1996, 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.
* * * * * * *