16 U.S.C. § 460aaaa — Nellis Dunes Off-Highway Vehicle

Page 877 TITLE 16—CONSERVATION § 460aaaa (c) Applicable law The Council shall be subject to— (1) chapter 10 of title 5; and (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (d) Members The Council shall include 10 members to be ap- pointed by the Secretary, of whom, to the extent practicable— (1) 1 member shall be appointed after consid- ering the recommendations of the Mesa Coun- ty Commission; (2) 1 member shall be appointed after consid- ering the recommendations of the Montrose County Commission; (3) 1 member shall be appointed after consid- ering the recommendations of the Delta Coun- ty Commission; (4) 1 member shall be appointed after consid- ering the recommendations of the permittees holding grazing allotments within the Con- servation Area or the Wilderness; and (5) 5 members shall reside in, or within rea- sonable proximity to, Mesa County, Delta County, or Montrose County, Colorado, with backgrounds that reflect— (A) the purposes for which the Conserva- tion Area or Wilderness was established; and (B) the interests of the stakeholders that are affected by the planning and manage- ment of the Conservation Area and Wilder- ness. (e) Representation The Secretary shall ensure that the member- ship of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (f) Duration The Council shall terminate on the date that is 1 year from the date on which the manage- ment plan is adopted by the Secretary. (Pub. L. 111–11, title II, § 2407, Mar. 30, 2009, 123 Stat. 1107; Pub. L. 117–286, § 4(a)(97), Dec. 27, 2022, 136 Stat. 4316.) Editorial Notes REFERENCES IN TEXT The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables. AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5;’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.);’’. § 460zzz–7. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this sub- chapter. (Pub. L. 111–11, title II, § 2408, Mar. 30, 2009, 123 Stat. 1108.) SUBCHAPTER CXXXVIII—NELLIS DUNES OFF-HIGHWAY VEHICLE RECREATION AREA § 460aaaa. Nellis Dunes Off-Highway Vehicle Recreation Area (1) Definitions In this section: (A) City The term ‘‘City’’ means the city of North Las Vegas, Nevada. (B) Clark County Off-Highway Vehicle Recre- ation Park The term ‘‘Clark County Off-Highway Vehi- cle Recreation Park’’ means the approxi- mately 960 acres of land identified on the Map as ‘‘Clark County Off-Highway Vehicle Recre- ation 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 Recre- ation 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 Ne- vada. (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 subpara- graph (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 sub- paragraph (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)— Page 878 TITLE 16—CONSERVATION § 460bbbb (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 oppor- tunities for off-road vehicle recreation, including a location for races, competi- tive events, training and other commer- cial services that directly support a cen- tralized off-road vehicle recreation area and County park; (cc) to provide a designated area and facilities that would discourage unau- thorized use of off-highway vehicles in areas that have been identified by the Federal Government, State government, or County government as containing en- vironmentally sensitive land; and (II) shall not be disposed of by the Coun- ty. (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 subpara- graph (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 recre- ation 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 com- promise 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 condi- tions as the Secretary considers to be appro- priate to protect the interests of the United States. (3) Designation of Nellis Dunes Off-Highway Ve- hicle Recreation Area (A) In general The approximately 10,035 acres of land iden- tified on the Map as the ‘‘Nellis Dunes OHV Recreation Area’’ shall be known and des- ignated as the ‘‘Nellis Dunes Off-Highway Ve- hicle Recreation Area’’. (B) Management plan The Secretary may develop a special man- agement plan for the Nellis Dunes Off-High- way Recreation Area to enhance the safe use of off-highway vehicles for recreational pur- poses. (Pub. L. 113–291, div. B, title XXX, § 3092(j), Dec. 19, 2014, 128 Stat. 3876.) Editorial Notes REFERENCES IN TEXT Act of June 14, 1926, referred to in par. (2)(C)(i), is act June 14, 1926, ch. 578, 44 Stat. 741, popularly known as the Recreation and Public Purposes Act, which is clas- sified to sections 869 to 869–4 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 869 of Title 43 and Tables. SUBCHAPTER CXXXIX—ASHLEY KARST NA- TIONAL RECREATION AND GEOLOGIC AREA Editorial Notes PRIOR PROVISIONS A prior subchapter CXXXIX, relating to Martin Lu- ther King, Jr. National Historical Park and consisting of sections 460bbbb to 460bbbb–7 of this title, was edi- torially reclassified as subchapter LIX–UU (§ 410www et seq.) of this chapter. § 460bbbb. Ashley Karst National Recreation and Geologic Area (a) Definitions In this section: (1) Management Plan The term ‘‘Management Plan’’ means the management plan for the Recreation Area pre- pared under subsection (e)(2)(A). (2) Map The term ‘‘Map’’ means the map entitled ‘‘Northern Utah Lands Management Act-Over- view’’ and dated February 4, 2019. (3) Recreation Area The term ‘‘Recreation Area’’ means the Ash- ley Karst National Recreation and Geologic Area established by subsection (b)(1). (4) Secretary The term ‘‘Secretary’’ means the Secretary of Agriculture. (5) State The term ‘‘State’’ means the State of Utah.