I 111th CONGRESS 1st Session H. R. 765 IN THE HOUSE OF REPRESENTATIVES January 28, 2009 Mr. Heller (for himself, Ms. Berkley, and Ms. Titus) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Nellis Dunes National Off-Highway Vehicle Recreation Area, and for other purposes.

1.

Short title

This Act may be cited as the Nellis Dunes National Off-Highway Vehicle Recreation Area Act of 2009.

2.

Conveyance of property to Clark County, Nevada

(a)

Conveyance

As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall convey to Clark County, Nevada, subject to valid existing rights, for no consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b)

Map

The land to be conveyed under subsection (a) is the approximately 1,150 acres of land as depicted on the map titled Clark County OHV Recreation Park and dated July 2008. (c)

Use of land

(1)

In general

The parcels of land conveyed under subsection (a)— (A)shall be used by Clark County— (i)to provide a suitable location for the establishment of a centralized off road vehicle recreation park in Clark County, Nevada; (ii)to provide the public with opportunities for off road vehicle recreation including a location for races, competitive events, training and other commercial support services; and (iii)to provide a designated area and facilities that will discourage unauthorized use of off-highway vehicles in areas that have been identified as environmentally sensitive lands by the Federal, State, and Clark County agencies; and (B)shall not be disposed of by the county. (2)

Reversion

If Clark County ceases to use any parcel for the purposes described in subsection (a)— (A)title to the parcel shall revert to the United States, at the option of the United States; and (B)Clark County, Nevada, shall be responsible for any reclamation necessary to revert the parcel to the United States. (d)

Additional terms and conditions

The Secretary of the Interior may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States. (e)

Easement

The United States hereby reserves a right of flight for the passage of aircraft in the airspace above the surface of the lands conveyed to Clark County identified under this section together with the right to cause in such air space such noise, vibration, smoke, and other effects as may be inherent in operation of aircraft landing at or taking off from Nellis Air Force Base, Nevada.

3.

Special designation of the Nellis Dunes National Off-Highway Vehicle Recreation Area in Clark County, Nevada

(a)

In general

The area commonly known and managed as Nellis Dunes in the Bureau of Land Management Resource Management Plan shall be designated the Nellis Dunes National Off-Highway Vehicle Recreation Area. (b)

Management plan

The Bureau of Land Management may develop a special management plan for the area to enhance the safe off-highway vehicle recreation use.

4.

Transfer of administrative jurisdiction to Nellis Air Force Base

(a)

In general

Administrative jurisdiction over the parcel of land identified on the map referred to in subsection (b) is transferred from the Bureau of Land Management to the Department of the Air Force for the use of Nellis Air Force Base. (b)

Description of land

The land referred to in subsection (a) is the land administered by the Bureau of Land Management and generally depicted on the map titled Nellis Air Force Base Additions August 2008. (c)

Use of land

The parcel of land described in subsection (b) shall be used by Air Force for the enlargement and protection of Nellis Air Force Base.