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Code · BILL · 113th Congress · S. 974 (Reported in Senate) — To provide for certain land conveyances in the State of Nevada, and for other purposes. · Sec. 12

Sec. 12. Nellis Dunes Off-Highway Vehicle Recreation Area

1,322 words·~6 min read·/bill/113/s/974/rs/section-12

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In this section: The term City means the city of North Las Vegas, Nevada. The term County means Clark County, Nevada. The term Economic Support Area means the land identified on the map as the Economic Support Area . The term Federal land means the approximately 1,211 acres of Federal land in the County, as depicted on the map. The term map means the map entitled Nellis Dunes Off-Highway Vehicle Recreation Area and dated April 30, 2013. The term Nellis Dunes Recreation Area means the Nellis Dunes Off-Highway Vehicle Recreation Area identified on the map as Nellis Dunes OHV Recreation Area .
The term net proceeds means the amount that is equal to the difference between— the amount of gross revenues received by the County from any activities at the Economic Support Area; and the total amount expended by the County (or a designee of the County) for capital improvements to each of the Economic Support Area and the Nellis Dunes Recreation Area, provided that the capital improvements shall not exceed 80 percent of the total gross proceeds. The term Secretary means the Secretary of the Interior.
The term State means the State of Nevada. As soon as practicable after the date of enactment of this Act, the Secretary shall convey to the County, subject to valid existing rights and paragraph (2), without consideration, all right, title, and interest of the United States in and to the parcels of Federal land. In conveying the parcels of Federal land under paragraph (1), the Secretary shall reserve the mineral estate, except for purposes related to flood mitigation (including removal from aggregate flood events).
The parcels of Federal land conveyed under paragraph (1)— shall be used by the County— to provide a suitable location for the establishment of a centralized off-road vehicle recreation park in the County; 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; and 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 shall not be disposed of by the County.
If the County ceases to use any parcel of the Federal land for the purposes described in subparagraph (A)(i) or subparagraph (D)— title to the parcel shall revert to the United States, at the option of the United States; and the County shall be responsible for any reclamation necessary to revert the parcel to the United States. Subject to clauses
(ii)and (iii), the parcels of Federal land conveyed to the County under paragraph
(1)and the land conveyed to the County under section 1(c) of Public Law 107–350 (116 Stat. 2975), may be used for the incidental purpose of generating renewable energy and solar energy for use by the Clark County Off Highway Vehicle Recreation Park, the shooting park authorized under that Act, and the County. Any project authorized under clause
(i)shall not interfere with the national security mission of Nellis Air Force Base or any other military operation. Before the construction of any proposed project under clause (i), the project proponent shall consult with the Secretary of Defense or a designee of the Secretary of Defense. Any future conveyance of Federal land for addition to the Clark County Off Highway Vehicle Park or the Nellis Dunes Recreation Area shall be subject to— the binding interlocal agreement under paragraph (4)(B); and the aviation easement requirements under paragraph (7). The Secretary of the Air Force and the County, may develop a special management plan for the Federal land— to enhance public safety and safe off-highway vehicle recreation use in the Nellis Dunes Recreation Area; to ensure compatible development with the mission requirements of the Nellis Air Force Base; and to avoid and mitigate known public health risks associated with off-highway vehicle use in the Nellis Dunes Recreation Area. There is designated the Economic Support Area. Before the Economic Support Area may be developed, the City and County shall enter into an interlocal agreement regarding the development of the Economic Support Area. In no case shall the interlocal agreement under this subparagraph compromise or interfere with the aviation rights provided under paragraph
(7)and subsection (c)(3). Of the net proceeds from the development of the Economic Support Area, the County shall— annually deposit 50 percent in a special account in the Treasury, to be used by the Secretary for the development, maintenance, operations, and environmental restoration and mitigation of the Nellis Dunes Recreation Area; and retain 50 percent, to be used by the County— to pay for capital improvements that are not covered by subsection (a)(7)(B); and to maintain and operate the park established under paragraph (3)(A)(i)(I). Before the Federal land may be conveyed to the County under paragraph (1), 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— to enhance safe off-highway recreation use; and to ensure that development of the Federal land is consistent with the long-term mission requirements of Nellis Air Force Base. The use of the Federal land conveyed under paragraph
(1)shall not compromise the national security mission or aviation rights of Nellis Air Force Base. With respect to the conveyance of Federal land under paragraph (1), the Secretary may require such additional terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States. Each deed entered into for the conveyance of the Federal land shall contain a perpetual aviation easement reserving to the United States all rights necessary to preserve free and unobstructed overflight in and through the airspace above, over, and across the surface of the Federal land conveyed under subsection (b)(1) for the passage of aircraft owned or operated by any Federal agency or other Federal entity. Each easement described in subparagraph
(A)shall include such terms and conditions as the Secretary of the Air Force determines to be necessary to comply with subparagraph (A). The approximately 10,000 acres of land identified as Nellis Dunes in the Bureau of Land Management Resource Management Plan shall be known and designated as the Nellis Dunes Off-Highway Vehicle Recreation Area . The Director of the Bureau of Land Management may develop a special management plan for the Nellis Dunes Recreation Area to enhance the safe use of off-highway vehicles for recreational purposes. The aviation rights described in subsection (b)(7) shall apply to the Nellis Dunes Recreation Area. Subject to valid existing rights and except as otherwise provided in this subsection— the Federal land and interests in the Federal land identified on the map as Land to be withdrawn for Nellis Air Force Base are withdrawn from all forms of appropriation under the general land laws, including the mining, mineral leasing, and geothermal leasing laws; and jurisdiction over the land and interest in land withdrawn and reserved by this subsection is transferred to the Secretary of the Air Force. The land withdrawn under paragraph
(1)is reserved for use by the Secretary of the Air Force for— the enlargement and protection of Nellis Air Force Base; or other defense-related purposes consistent with the purposes of this subsection. The Secretary of the Air Force shall consult with the Secretary before using the land withdrawn and reserved by this subsection for any purpose other than the purposes described in subsection (b)(3)(A)(i). The United States reserves— a right of flight for the passage of aircraft in the airspace above the surface of the Federal land conveyed to the County; and the right to cause in the airspace any noise, vibration, smoke, or other effects that may be inherent in the operation of aircraft landing at, or taking off from, Nellis Air Force Base.
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  • Pub. L. 107-350
  • 116 Stat. 2975
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Sec. 12
Nellis Dunes Off-Highway Vehicle Recreation Area
Pub. L.Pub. L. 107-350
Stat.116 Stat. 2975
Cites 2Cited by 0 across 0 sources
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