H.R. 765 - Establish Nellis Dunes National OHV recreation area

[navy-jeepster]

H. R. 765
To establish the Nellis Dunes National Off-Highway Vehicle Recreation Area,
and for other purposes.
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 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Nellis Dunes National
5 Off-Highway Vehicle Recreation Area Act of 2009’’.
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2
•HR 765 IH
1 SEC. 2. CONVEYANCE OF PROPERTY TO CLARK COUNTY,
2 NEVADA.
3 (a) CONVEYANCE.—As soon as practicable after the
4 date of enactment of this Act, the Secretary of the Interior
5 shall convey to Clark County, Nevada, subject to valid ex6
isting rights, for no consideration, all right, title, and in7
terest of the United States in and to the land described
8 in subsection (b).
9 (b) MAP.—The land to be conveyed under subsection
10 (a) is the approximately 1,150 acres of land as depicted
11 on the map titled ‘‘Clark County OHV Recreation Park’’
12 and dated July 2008.
13 (c) USE OF LAND.—
14 (1) IN GENERAL.—The parcels of land conveyed
15 under subsection (a)—
16 (A) shall be used by Clark County—
17 (i) to provide a suitable location for
18 the establishment of a centralized off road
19 vehicle recreation park in Clark County,
20 Nevada;
21 (ii) to provide the public with opportu22
nities for off road vehicle recreation includ23
ing a location for races, competitive events,
24 training and other commercial support
25 services; and
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•HR 765 IH
1 (iii) to provide a designated area and
2 facilities that will discourage unauthorized
3 use of off-highway vehicles in areas that
4 have been identified as environmentally
5 sensitive lands by the Federal, State, and
6 Clark County agencies; and
7 (B) shall not be disposed of by the county.
8 (2) REVERSION.—If Clark County ceases to use
9 any parcel for the purposes described in subsection
10 (a)—
11 (A) title to the parcel shall revert to the
12 United States, at the option of the United
13 States; and
14 (B) Clark County, Nevada, shall be re15
sponsible for any reclamation necessary to re16
vert the parcel to the United States.
17 (d) ADDITIONAL TERMS AND CONDITIONS.—The
18 Secretary of the Interior may require such additional
19 terms and conditions in connection with the conveyance
20 as the Secretary considers appropriate to protect the inter21
ests of the United States.
22 (e) EASEMENT.—The United States hereby reserves
23 a right of flight for the passage of aircraft in the airspace
24 above the surface of the lands conveyed to Clark County
25 identified under this section together with the right to
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4
•HR 765 IH
1 cause in such air space such noise, vibration, smoke, and
2 other effects as may be inherent in operation of aircraft
3 landing at or taking off from Nellis Air Force Base, Ne4
vada.
5 SEC. 3. SPECIAL DESIGNATION OF THE NELLIS DUNES NA6
TIONAL OFF-HIGHWAY VEHICLE RECREATION
7 AREA IN CLARK COUNTY, NEVADA.
8 (a) IN GENERAL.—The area commonly known and
9 managed as Nellis Dunes in the Bureau of Land Manage10
ment Resource Management Plan shall be designated the
11 ‘‘Nellis Dunes National Off-Highway Vehicle Recreation
12 Area’’.
13 (b) MANAGEMENT PLAN.—The Bureau of Land
14 Management may develop a special management plan for
15 the area to enhance the safe off-highway vehicle recreation
16 use.
17 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION TO
18 NELLIS AIR FORCE BASE.
19 (a) IN GENERAL.—Administrative jurisdiction over
20 the parcel of land identified on the map referred to in sub21
section (b) is transferred from the Bureau of Land Man22
agement to the Department of the Air Force for the use
23 of Nellis Air Force Base.
24 (b) DESCRIPTION OF LAND.—The land referred to in
25 subsection (a) is the land administered by the Bureau of
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•HR 765 IH
1 Land Management and generally depicted on the map ti2
tled ‘‘Nellis Air Force Base Additions August 2008’’.
3 (c) USE OF LAND.—The parcel of land described in
4 subsection (b) shall be used by Air Force for the enlarge5
ment and protection of Nellis Air Force Base.

[aphantomduck]

Wow...

This is great.

Finally - it seems that the folks in Nevada has got their act together and got someone in Congress to protect the area they care so much about.

I raised this with the ISDRA folks back in about 2001 or 2002. They, at the time wanted nothing to do the concept.

Good for the Nevada OHV community.

[RickyRetardo]

Very cool indeed. It's nice to hear that new areas are opening rather than closing.

[randii]

The spacing hurt my eyes... so I fixed it. This is GREAT news, and shows the hard work of the folks in the area (and some sour grapes from folks outside).

Originally Posted by navy-jeepster

H. R. 765
To establish the Nellis Dunes National Off-Highway Vehicle Recreation Area, and for other purposes.
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.
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 2009’’.

SEC. 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 VerDate Nov 24 2008 02:02 Jan 31, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H765.IH H765 jbell on PROD1PC69 with BILLS 3 HR 765 IH (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.

SEC. 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.

SEC. 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.

[navy-jeepster]

Randii

Thanks for fixing the spacing. I cut and pasted it from a pdf document while I was in college last night.

For those that remember this area last year, the city of Las Vegas has been after this area. They want to make it a OHV park, but they were also going to decrease the amount of area that 4x4's could recreate on.
I think each specific group was going to have their own area. This could be good, as it is not good when you mix 200 to 600lb vehicles with 3000 to 6000lb vehicles and they have a meeting of close quarters on the trail.

I hope that they city will treat this area right, and in the fee's they collect, they put over 50% of them back into the area to keep it clean, improve it, and enforce the rules in the area.

I think this bill might be the right way to go, I just do not agree on giving the land to the city is all. Let BLM manage it at their level, as I think they have more expertise on this type of thing. Cities have a recreation department, but are they equiped to handle something as big as this?

Something for the locals here to possibly answer.

Thanks

Todd

[randii]

I was happy to pitch in, Todd!

I'm stoked to see a private area opening -- that's a perefect close-in-to-population solution that well-complements the great OHV recreation available further out, away from Las Vegas.

Randii

[resqme]

I want to support this in writing, but need to hear from locals.

How has the BLM in the Vegas area done managing what they have? Should we support BLM management?

Is this better left to the City of Las Vegas to manage?

Inquiring minds want to know!

Thanks

[navy-jeepster]

Originally Posted by resqme

I want to support this in writing, but need to hear from locals.

How has the BLM in the Vegas area done managing what they have? Should we support BLM management?

Is this better left to the City of Las Vegas to manage?

Inquiring minds want to know!

Thanks

At the present time, I am waiting to hear back from the locals.
I know last year, they opposed this transaction with all they had.
If this is a compromise, and are good with it, I will support it too.

But need to know more about this whole deal.

Personally, I think BLM would be better to keep it.
It has been said that Las Vegas is after the potential revenue of the Nellis Dunes, and this could be a couple of million dollars a year. Potential.
But what will two or three million dollars do for a city like Las Vegas? I think not much, other than pay for a few more police officers to patrol this area.

My opinion.

Todd

[_peteyg]

I punched HR 765 into Google and got this page:

http://www.washingtonwatch.com/bills...11_HR_765.html

There's a poll on that page. Cheesy, maybe, but it never hurts to get the positive message out.

Here's the status of the bill:

Latest Major Action: 2/17/2009 Referred to House subcommittee. Status: Referred to the Subcommittee on Readiness.

From here: http://thomas.loc.gov/cgi-bin/bdquer...1:HR00765:@@@X

[randii]

An email I received a while back... I've emailed him this link and asked for an update, as well.

Thank you for commenting on the County's Nellis Dunes proposal. We felt it important to email mail you to let you know that the there are a few bad rumors floating around regarding our proposal that should be corrected. You may have received an email on this. Here are some of the facts:

1. The land is currently protected now by BLM and should be left alone.
Answer: No, in fact this area is not protected, and is in jeopardy of future development by surrounding development. This area is not under any special designation by BLM for protection. The County has realized this and is requesting that Congress and the President sign into law a bill that save this land for permanent OHV use.

2. The County will eventually sell land to developers, build a casino or let it go for environmental conservation. We don't trust them.
Answer: No, the land will be DEED RESTRICTED for OHV use. The County cannot under a Congressional act (law) entertain any commercial, residential, conservation or other recreation uses (baseball, football). This park would be strictly designated OHV use as you enjoy it today and if the County ever failed to meet its obligation the land would revert back to the Federal government.

3. I won't be able to enjoy the entire area of the park, I will confined to a certain uses.
Answer: No, the area would stay open for every OHV rider to enjoy. We believe you should have a permanent riding area that is within the valley.

4. The County wants put up a fence around the area and charge fees.
Answer: The County has held no discussion on fees or fences. This was an erroneous press release that BLM sent out on Friday of last week and retracted. On any issue, the OHV community through an Advisory Board will decide what is appropriate policy for the area. The OHV board members will come from ordinary OHV citizens. The Board of County Commissioners did commission a study to help them, and a future advisory board members understand how current OHV areas are run and operated. That's it.

In 2005, the County approached the BLM to address Nellis Dunes and that there were many areas were being shut down to OHV use, and that Nellis Dunes lands were not protected and subject to development. The County requested a partnership with BLM to protect the Nellis Dunes area, and provide managed OHV recreation. The BLM was not interested in a partnership and does not have any plans to change anything for this area, and let alone seeking further Congressional legislation to protect the area.

As a result of these failed meetings with BLM, the Board of County Commissioners responded the way they did, and sought for conveyance of the Nellis Dunes. We have over the past two years worked to meet with you through club meetings, race events, phone calls, flyers, one on one visits, news coverage, public service announcements, news articles, and through our web page that is open for public comments for 6 months. The bottom line: these lands need protection.

The Nevada Delegation has every month received an update on how this community feels towards their lands and OHV. Help us protect and keep the Nellis Dunes permanently open for a safe open experience for your family to enjoy. Thank you for your time.

Best Regards
Michael Popp
NellisDunes@co.clark.nv.us