16 U.S.C. § 460aaaa: Nellis Dunes Off-Highway…

Summary

The federal government must give Clark County, Nevada, all rights to about 960 acres shown on the map titled "Nellis Dunes OHV Recreation Area" dated December 17, 2013, as soon as possible after December 19, 2014. The United States keeps the mineral rights under that land, except when those minerals are needed for flood control or removing material from floods. Clark County must use the land for a centralized off‑road vehicle park and related public activities like races, training, events, and services that support the park. The county must also use the land to protect nearby sensitive areas from illegal off‑highway vehicle use. The county cannot sell the land. If the county stops using the land for those purposes, the United States can take the land back and the county must restore it. The County and the Secretary of the Air Force may make a management plan to keep riders safe, protect public health, and make sure the park fits with Nellis Air Force Base’s mission. Before the land is transferred, Clark County and Nellis Air Force Base must agree in writing on safety and compatibility, and the land’s use cannot harm the base’s national security mission. The Secretary of the Interior can add other reasonable terms to protect U.S. interests. About 10,035 acres shown on the same map are officially named the Nellis Dunes Off‑Highway Vehicle Recreation Area. The Secretary may create a special plan to promote safe off‑highway vehicle recreation there. Definitions: City = North Las Vegas; County = Clark County, Nevada; Clark County Off‑Highway Vehicle Recreation Park = the ~960‑acre parcel on the map; Nellis Dunes Off‑Highway Recreation Area = the ~10,035‑acre area on the map; Map = "Nellis Dunes OHV Recreation Area" dated December 17, 2013; Secretary = Secretary of the Interior; State = Nevada.

Title 16, §460aaaa

Conservation, Source: USLM XML via OLRC

(1)Definitions

In this section: (A) City

(B)Clark County Off-Highway Vehicle Recreation Park

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)County

The term “County” means Clark County, Nevada.

(D)Map

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

(E)Nellis Dunes Off-Highway Recreation Area

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)Secretary

The term “Secretary” means the Secretary of the Interior.

(G)State

The term “State” means the State of Nevada.

(2)Conveyance of Federal land to County

(A)In general

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)Reservation of mineral estate

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)Use of conveyed land (D) Agreement with Nellis Air Force Base

(i)In general

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)Authorized uses

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)Reversion

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)Management plan

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.

(E)Additional terms and conditions

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)Designation of Nellis Dunes Off-Highway Vehicle Recreation Area

(A)In general

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)Management plan

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