II 112th CONGRESS 1st Session S. 1475 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.

1.

Short title

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

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.

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).

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.

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.