(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, 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) 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.
(3) 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) shall be made in a manner consistent with section 1716 of title 43.
Amendments
2007—Subsec. (a). Pub. L. 110–161, which directed the amendment of section 460ccc–4(a) of the Red Rock Canyon National Conservation Area Establishment Act authorization by striking out "with donated or appropriated funds" in par. (1), striking out par. (2), and redesignating pars. (3) and (4) as (2) and (3), respectively, was executed by making the amendments to subsec. (a) of this section, which is section 6 of the Red Rock Canyon National Conservation Area Establishment Act of 1990, to reflect the probable intent of Congress. Prior to amendment, "with donated or appropriated funds" appeared after "purchase" and par. (2) read as follows: "Lands or interests therein owned by the State of Nevada or a political subdivision thereof may be acquired by donation or exchange only."
Addition of Land to Red Rock Canyon National Conservation Area; Military Overflights
Pub. L. 113–291, div. B, title XXX, §3092(b), (l), Dec. 19, 2014, 128 Stat. 3867, 3879, provided that:
"(b)
"(1)
"(A)
"(B)
"(C)
"(2)
"(A)
"(B)
"(C)
"(i)
"(ii)
"(I) the Map; or
"(II) the legal description.
"(iii)
"(l)
"(1)
"(A) are an important part of the national defense system of the United States; and
"(B) are essential in order to secure an enduring and viable national defense system for the current and future generations of people of the United States.
"(2)
"(A) low-level overflights of military aircraft over the Federal land;
"(B) flight testing and evaluation; and
"(C) the designation or creation of new units of special airspace, or the use or establishment of military flight training routes, over—
"(i) the Tule Springs Fossil Beds National Monument established by subsection (a)(2)(A) [enacting provisions listed in a table of Miscellaneous National Monuments set out under section 320301 of Title 54]; or
"(ii) the Red Rock Canyon National Conservation Area established by the Red Rock Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.) (as modified by subsection (b))."
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)
"(2)
"(3)
"SEC. 103. FINDINGS AND PURPOSES.
"(a)
"(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)
"(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)
"(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)
"(c)
"(d)
"(1)
"(2)
"(3)
"(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)
"(1)
"(A) shall be equal; or
"(B) if the values are not equal, shall be equalized in accordance with paragraph (3).
"(2)
"(3)
"(A)
"(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)
"SEC. 105. STATUS AND MANAGEMENT OF LANDS.
"(a)
"(b)
"(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)
"SEC. 106. GENERAL PROVISIONS.
"(a)
"(b)
"(c)
"(d)
"(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.]
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