[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1475 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1475

To convey certain land to Clark County, Nevada, to designate the Nellis 
   Dunes National Off-Highway Vehicle Recreation Area, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2011

  Mr. Heller introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To convey certain land to Clark County, Nevada, to designate the Nellis 
   Dunes National Off-Highway Vehicle Recreation Area, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Nellis Dunes National Off-Highway 
Vehicle Recreation Area Act of 2011''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) City.--The term ``City'' means the city of North Las 
        Vegas, Nevada.
            (2) County.--The term ``County'' means Clark County, 
        Nevada.
            (3) Economic support area.--The term ``Economic Support 
        Area'' means the land identified on the map as the ``Economic 
        Support Area''.
            (4) Federal land.--The term ``Federal land'' means the 
        approximately 1,211 acres of Federal land in the County, as 
        depicted on the map.
            (5) Map.--The term ``map'' means the map entitled ``Clark 
        County Off Highway Vehicle Recreation Park'' and dated July 28, 
        2011.
            (6) Net proceeds.--The term ``net proceeds'' means the 
        amount that is equal to the difference between--
                    (A) the amount of gross revenues received by the 
                County from the development of the Economic Support 
                Area; and
                    (B) the total amount expended by the County for 
                capital improvements to each of the Economic Support 
                Area and the Recreation Area.
            (7) Recreation area.--The term ``Recreation Area'' means 
        the Nellis Dunes National Off-Highway Vehicle Recreation Area 
        designated by section 4(a).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) State.--The term ``State'' means the State of Nevada.

SEC. 3. CONVEYANCE OF FEDERAL LAND TO CLARK COUNTY, NEVADA.

    (a) Conveyance.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall convey to the County, subject to valid 
existing rights, for no consideration, all right, title, and interest 
of the United States in and to the parcels of Federal land.
    (b) Use of Federal Land.--
            (1) In general.--The parcels of Federal land conveyed under 
        subsection (a)--
                    (A) shall be used by the County--
                            (i) to provide a suitable location for the 
                        establishment of a centralized off-road vehicle 
                        recreation park in the County;
                            (ii) 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
                            (iii) 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
                    (B) shall not be disposed of by the County.
            (2) Reversion.--If the County ceases to use any parcel of 
        the Federal land for the purposes described in paragraph (1)(A) 
        or paragraph (3)--
                    (A) title to the parcel shall revert to the United 
                States, at the option of the United States; and
                    (B) the County shall be responsible for any 
                reclamation necessary to revert the parcel to the 
                United States.
            (3) Renewable and solar energy.--The Federal land conveyed 
        to the County under subsection (a) 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 Public Law 107-350 (116 Stat. 2975), and the 
        County.
            (4) Consultation with the secretary of the air force.--
                    (A) Restriction.--Any project authorized under 
                paragraph (3) shall not interfere with the national 
                security mission of Nellis Air Force Base (or any 
                military operation).
                    (B) Condition.--Before the construction of any 
                proposed project under paragraph (3), the project 
                proponent shall consult with the Secretary of Defense 
                (or a designee).
    (c) Economic Support Area.--
            (1) Designation.--There is designated the Economic Support 
        Area.
            (2) Interlocal agreement.--
                    (A) In general.--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.
                    (B) City of north las vegas.--As a precondition of 
                the development of the Economic Support Area, the 
                County shall use the best efforts of the County to 
                cooperate with the City to ensure compatible 
                development of the Economic Support Area.
                    (C) Limitation of agreement.--In no case shall the 
                interlocal agreement under this paragraph compromise or 
                interfere with the aviation rights provided under 
                subsection (f) and section 4(d).
                    (D) Future conveyances.--Any future conveyance of 
                Federal land for addition to the Clark County Off 
                Highway Vehicle Park or the Recreation Area shall be 
                subject to--
                            (i) the binding interlocal agreement under 
                        this paragraph; and
                            (ii) the aviation easement requirements 
                        under subsection (f).
                    (E) Management plan.--The Secretary, in 
                consultation with the Secretary of the Air Force and 
                the County, may develop a special management plan for 
                the Federal land--
                            (i) to enhance public safety and safe off-
                        highway recreation use; and
                            (ii) to ensure compatible development with 
                        the mission requirements of the Nellis Air 
                        Force Base.
            (3) Use of net proceeds.--Of the net proceeds from the 
        development of the Economic Support Area, the County shall--
                    (A) deposit 50 percent in a special account in the 
                Treasury, to be used by the Secretary to develop, 
                maintain, and operate the Recreation Area; and
                    (B) retain 50 percent, to be used by the County for 
                capital improvements and maintaining and operating the 
                park established under subsection (b)(1).
    (d) Agreement With Nellis Air Force Base.--
            (1) In general.--Before the Federal land may be conveyed to 
        the County under subsection (a), the Clark County Board of 
        Commissioners, the Bureau of Land Management, and Nellis Air 
        Force Base shall enter into an interlocal agreement for the 
        Federal land and the Recreation Area--
                    (A) to enhance safe off-highway recreation use; and
                    (B) to ensure that development of the Federal land 
                is consistent with the long-term mission requirements 
                of Nellis Air Force Base.
            (2)  Limitation.--The use of the Federal land conveyed 
        under subsection (a) shall not compromise the national security 
        mission or aviation rights of Nellis Air Force Base.
    (e) Additional Terms and Conditions.--With respect to the 
conveyance of Federal land under subsection (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.
    (f) Aviation Easement.--
            (1) In general.--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 for the 
        passage of aircraft owned or operated by any Federal agency or 
        other Federal entity.
            (2) Requirements.--Each easement described in paragraph (1) 
        shall include such terms and conditions as the Secretary of the 
        Air Force determines to be necessary to comply with paragraph 
        (1).

SEC. 4. DESIGNATION OF THE NELLIS DUNES NATIONAL OFF-HIGHWAY VEHICLE 
              RECREATION AREA.

    (a) In General.--The area known as ``Nellis Dunes'' in the Bureau 
of Land Management Resource Management Plan shall be known and 
designated as the ``Nellis Dunes National Off-Highway Vehicle 
Recreation Area''.
    (b) Management Plan.--The Director of the Bureau of Land Management 
may develop a special management plan for the Recreation Area to 
enhance the safe use of off-highway vehicles for recreational purposes.
    (c) Exclusion From National Landscape Conservation System.--The 
Recreation Area shall not be considered to be a unit of the National 
Landscape Conservation System.
    (d) Aviation Rights.--The aviation rights described in section 3(f) 
shall apply to the Recreation Area.

SEC. 5. WITHDRAWAL AND RESERVATION OF LAND FOR NELLIS AIR FORCE BASE.

    (a) Withdrawal.--Subject to valid existing rights and except as 
otherwise provided in this section--
            (1) the Federal land and interests in 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
            (2) jurisdiction over the land and interest in lands 
        withdrawn and reserved by this section is transferred to the 
        Secretary of the Air Force.
    (b) Reservation.--The land withdrawn under subsection (a) is 
reserved for use by the Secretary of the Air Force for--
            (1) the enlargement and protection of Nellis Air Force 
        Base; or
            (2) other defense-related purposes consistent with the 
        purposes of this section.
    (c) Changes in Use.--The Secretary of the Air Force shall consult 
with the Secretary before using the land withdrawn and reserved by this 
section for any purpose other than the purposes described in section 
3(b).
    (d) Easement.--The United States reserves--
            (1) a right of flight for the passage of aircraft in the 
        airspace above the surface of the Federal land conveyed to the 
        County; and
            (2) 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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