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16 U.S.C. § 460aaaaNellis Dunes Off-Highway Vehicle Recreation Area

submitted 12 years ago by Pub. L. 113-291 to r/title-16-CONSERVATION · 740 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior had to give Clark County, Nevada about 960 acres of federal land, free of charge, to build an off-highway vehicle park, keeping the mineral rights and requiring the land to be used only for that purpose or returned. A nearby 10,035-acre area was named the Nellis Dunes Off-Highway Vehicle Recreation Area.

(1) This section defines several terms used throughout: the "City" is North Las Vegas, Nevada; the "Clark County Off-Highway Vehicle Recreation Park" is about 960 acres shown on a December 2013 map; the "County" is Clark County, Nevada; the "Map" is that same December 17, 2013 map; the "Nellis Dunes Off-Highway Recreation Area" is about 10,035 acres shown on the Map; the "Secretary" is the Secretary of the Interior; and the "State" is Nevada. (2)(A) As soon as practical after December 19, 2014, the Secretary had to give the County, without payment, all the federal government's rights to the roughly 960-acre Clark County Off-Highway Vehicle Recreation Park, subject to existing rights and subparagraph (B). (B) When transferring this land, the Secretary had to keep the mineral rights underground, except for flood-control purposes. (C)(i)-(ii) The County can use this land for public purposes under the Recreation and Public Purposes Act, specifically to: build a central off-road vehicle park in the county; give the public a place for off-road recreation, races, competitions, training, and related commercial services; and provide a designated area that discourages illegal off-highway vehicle use on environmentally sensitive land identified by any level of government. The County cannot dispose of (sell or give away) this land. (iii) If the County stops using any part of this land for those purposes, ownership can revert back to the Secretary, and the County must pay for any cleanup needed to return the land to the United States. (iv) The Secretary of the Air Force and the County may create a special management plan for this land, to improve safety, keep development compatible with Nellis Air Force Base's mission, and reduce public-health risks from off-highway vehicle use. (D) Before the land transfer, the Clark County Board of Commissioners and Nellis Air Force Base had to sign an agreement covering the federal land and the Nellis Dunes Recreation Area, to promote safe off-highway use and keep development consistent with the Base's long-term mission. The land's use cannot compromise the Base's national security mission. (E) The Secretary can add other terms and conditions to the transfer to protect the United States' interests. (3)(A) The roughly 10,035 acres shown on the Map as the "Nellis Dunes OHV Recreation Area" are officially named the Nellis Dunes Off-Highway Vehicle Recreation Area. (B) The Secretary may create a special management plan for this area to promote safe recreational off-highway vehicle use.
the actual law source: uscode.house.gov ↗public domain
(1) Definitions

In this section:

(A) City

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

(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
(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.

(D) Agreement with Nellis Air Force Base
(i) In general

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) Limitation

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

(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.

Source credit: (Pub. L. 113–291, div. B, title XXX, § 3092(j), Dec. 19, 2014, 128 Stat. 3876.)

history & why it existsrecord from the source credit
  • 2014Enacted · Pub. L. 113-291 · 128 Stat. 3876

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-291 on 2014-12-19.

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