(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 exchangesAll exchanges pursuant to subsection (a) shall be made in a manner consistent with section 1716 of title 43.
(Pub. L. 101–621, § 6, Nov. 16, 1990, 104 Stat. 3344; Pub. L. 110–161, div. F, title I, § 120, Dec. 26, 2007, 121 Stat. 2121.)
Editorial Notes
Amendments2007—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.”
Statutory Notes and Related Subsidiaries
Addition of Land to Red Rock Canyon National Conservation Area; Military OverflightsPub. L. 113–291, div. B, title XXX, § 3092(b), (l), Dec. 19, 2014, 128 Stat. 3867, 3879, provided that:
“(b) Addition of Land to Red Rock Canyon National Conservation Area.—“(1) Definitions.—In this subsection:“(A) Conservation area.—The term ‘Conservation Area’ means 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.).
“(B) Map.—The term ‘Map’ means the map entitled ‘North Las Vegas Valley Overview’ and dated November 5, 2013.
“(C) Secretary.—The term ‘Secretary’ means the Secretary of the Interior, acting through the Bureau of Land Management.
“(2) Addition of land to conservation area.—“(A) In general.—The Conservation Area is expanded to include the land depicted on the Map as ‘Additions to Red Rock NCA’.
“(B) Management plan.—Not later than 2 years after the date on which the land is acquired, the Secretary shall update the management plan for the Conservation Area to reflect the management requirements of the acquired land.
“(C) Map and legal description.—“(i) In general.—As soon as practicable after the date of enactment of this section [Dec. 19, 2014], the Secretary shall finalize the legal description of the parcel to be conveyed under this subsection.
“(ii) Minor errors.—The Secretary may correct any minor error in— “(I) the Map; or
“(II) the legal description.
“(iii) Availability.—The Map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
“(l) Military Overflights.—“(1) Findings.—Congress finds that military aircraft testing and training activities in the State of Nevada—“(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) Overflights.—Nothing in this section [enacting section 460aaaa of this title, amending section 460hhh–6 of this title, and enacting provisions listed in a table of Miscellaneous National Monuments set out under section 320301 of Title 54, National Park Service and Related programs] restricts or precludes any military overflight, including—“(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 EnhancementPub. L. 107–282, title I, Nov. 6, 2002, 116 Stat. 1995, provided that:
[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.]