Amendments to the Apex Project, Nevada Land Transfer and Authorization Act of 1989

(a)

Definitions

Section 2(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law 101–67; 103 Stat. 169) is amended—(1)in the matter preceding paragraph (1), by striking As used in this Act, the following terms shall have the following meanings— and inserting In this Act:; (2)in each of paragraphs (1), (2), (4), and (5), by inserting a paragraph heading, the text of which comprises the term defined in that paragraph;(3)in paragraph (3), by inserting County; Clark County.— before The term;(4)in paragraph (6)—(A)by inserting FLPMA terms.— before All; and(B)by inserting (43 U.S.C. 1701 et seq.) before the period at the end;(5)by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (7), (6), (4), (5), (2), and (8), respectively;(6)by inserting before paragraph (2) (as so redesignated) the following:

(1)

Apex Industrial Park Owners Association

The term Apex Industrial Park Owners Association means the Apex Industrial Park Owners Association formed on April 9, 2001, and chartered in the State of Nevada (including any successor in interest).

; and

(7)by inserting after paragraph (2) (as so redesignated) the following:

(3)

City

The term City means the city of North Las Vegas, Nevada.

(b)

Kerr-McGee site transfer

Section 3(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law 101–67; 103 Stat. 170) is amended—(1)in the first sentence—(A)by striking Clark County and inserting Clark County, the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate,; and (B)by striking Site and inserting Site and other land conveyed in accordance with this Act; and (2)in the third sentence, by striking Clark County and inserting Clark County, the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate,.(c)

Authorization for additional transfers

Section 4 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law 101–67; 103 Stat. 171) is amended—(1)in subsection (c), by striking “Clark County” and inserting “Clark County, the City, or the Apex Industrial Park Owners Association, individually or jointly, as appropriate,”; and(2)in subsection (e), by adding at the end the following:

(3)

Mineral materials sale

Notwithstanding the requirements of part 3600 of title 43, Code of Federal Regulations (as in effect on the date of enactment of the Apex Project, Nevada Land Transfer and Authorization Act Amendments Act), the Secretary may sell, at not less than fair market value, without advertising or calling for bids and without regard to volume or time limitations, mineral materials resulting from grading, land balancing, or other activities on the surface of a parcel of land within the Apex Site for which the United States retains an interest in the minerals.

(d)

Environmental considerations

Section 6 of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law 101–67; 103 Stat. 173) is amended by adding at the end the following:

(d)

Compliance with environmental assessments

Each transfer by the United States of land or interest in lands within the Apex Site or rights-of-way issued pursuant to this Act shall be conditioned on the compliance with applicable Federal land laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).