§460aaaa — Title 16 Conservation | U.S. Code

Summary

The federal government will give about 960 acres called the Clark County Off-Highway Vehicle Recreation Park to Clark County without payment as soon as possible after December 19, 2014. The government will keep the mineral rights except when needed for flood work. Clark County must use the land as a public off-road vehicle park — for races, events, training, and services — and to help stop illegal vehicle use in sensitive areas. The County cannot sell the land. If the County stops using the land for those park purposes, the United States can take it back and the County must fix the land so it can be returned. Clark County and Nellis Air Force Base must sign an agreement before the transfer to protect safety and make sure park plans do not hurt the base’s mission. The Secretary of the Interior and the Air Force may make a management plan to improve safety, avoid health risks, and keep uses compatible with Nellis AFB. The Secretary can also add any extra terms needed to protect U.S. interests. The larger 10,035-acre area is named the Nellis Dunes Off-Highway Vehicle Recreation Area, and the Secretary may make a management plan for safe recreational use. Defined terms: City — the city of North Las Vegas, Nevada. County — Clark County, Nevada. Clark County Off-Highway Vehicle Recreation Park — the ~960-acre area shown on the map. Nellis Dunes Off-Highway Recreation Area — the ~10,035-acre area shown on the map. Map — the map titled “Nellis Dunes OHV Recreation Area,” dated December 17, 2013. Secretary — the Secretary of the Interior. State — the State of Nevada.

Title 16, §460aaaa

Conservation — Source: USLM XML via OLRC

(1)In this section:

(A)The term “City” means the city of North Las Vegas, Nevada.

(B)The term “Clark County Off-Highway Vehicle Recreation Park” means the approximately 960 acres of land identified on the Map as “Clark County Off-Highway Vehicle Recreation Park”.

(C)The term “County” means Clark County, Nevada.

(D)The term “Map” means the map entitled “Nellis Dunes OHV Recreation Area” and dated December 17, 2013.

(E)The term “Nellis Dunes Off-Highway Recreation Area” means the approximately 10,035 acres of land identified on the Map as “Nellis Dunes OHV Recreation Area”.

(F)The term “Secretary” means the Secretary of the Interior.

(G)The term “State” means the State of Nevada.

(2)(A)As soon as practicable after December 19, 2014, the Secretary shall convey to the County, subject to valid existing rights and subparagraph (B), without consideration, all right, title, and interest of the United States in and to the Clark County Off-Highway Vehicle Recreation Park.

(B)In conveying the parcels of Federal land under subparagraph (A), the Secretary shall reserve the mineral estate, except for purposes related to flood mitigation (including removal from aggregate flood events).

(C)(i)The parcels of land conveyed under subparagraph (A) may be used by the County for any public purposes described in clause (ii), consistent with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) (43 U.S.C. 869 et seq.).

(ii)The land conveyed under subparagraph (A)—

(I)shall be used by the County—

(aa)to provide a suitable location for the establishment of a centralized off-road vehicle recreation park in the County;

(bb)to provide the public with opportunities for off-road vehicle recreation, including a location for races, competitive events, training and other commercial services that directly support a centralized off-road vehicle recreation area and County park;

(cc)to provide a designated area and facilities that would discourage unauthorized use of off-highway vehicles in areas that have been identified by the Federal Government, State government, or County government as containing environmentally sensitive land; and

(II)shall not be disposed of by the County.

(iii)If the County ceases to use any parcel of land conveyed under subparagraph (A) for the purposes described in clause (ii)—

(I)title to the parcel shall revert to the Secretary, at the option of the Secretary; and

(II)the County shall be responsible for any reclamation necessary to revert the parcel to the United States.

(iv)The Secretary of the Air Force and the County, may develop a special management plan for the land conveyed under subparagraph (A)—

(I)to enhance public safety and safe off-highway vehicle recreation use in the Nellis Dunes Recreation Area;

(II)to ensure compatible development with the mission requirements of the Nellis Air Force Base; and

(III)to avoid and mitigate known public health risks associated with off-highway vehicle use in the Nellis Dunes Recreation Area.

(D)(i)Before the Federal land may be conveyed to the County under subparagraph (A), the Clark County Board of Commissioners and Nellis Air Force Base shall enter into an interlocal agreement for the Federal land and the Nellis Dunes Recreation Area—

(I)to enhance safe off-highway recreation use; and

(II)to ensure that development of the Federal land is consistent with the long-term mission requirements of Nellis Air Force Base.

(ii)The use of the Federal land conveyed under subparagraph (A) shall not compromise the national security mission of Nellis Air Force Base.

(E)With respect to the conveyance of Federal land under subparagraph (A), the Secretary may require such additional terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.

(3)(A)The approximately 10,035 acres of land identified on the Map as the “Nellis Dunes OHV Recreation Area” shall be known and designated as the “Nellis Dunes Off-Highway Vehicle Recreation Area”.

(B)The Secretary may develop a special management plan for the Nellis Dunes Off-Highway Recreation Area to enhance the safe use of off-highway vehicles for recreational purposes.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of

June 14, 1926, referred to in par. (2)(C)(i), is act

June 14, 1926, ch. 578, 44 Stat. 741, popularly known as the Recreation and Public Purposes Act, which is classified to sections 869 to 869–4 of Title 43, Public Lands. For complete classification of this Act to the Code, see

Short Title

note set out under section 869 of Title 43 and Tables.

§460aaaa Nellis Dunes Off-Highway Vehicle Recreation Area