Apex Project, Nevada Land Transfer and Authorization Act of 1989

The Apex Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law 101–67; 103 Stat. 168) is amended—(1)in section 2(a), by adding at the end the following:

(9)Nevada’s boom and bust economic timeline demonstrates a need for economic diversity and stability in the Las Vegas Valley. In the year 2000, Nevada was the fastest growing State for 14 consecutive years and had increased its population by 1,000,000 residents since 1980. During the recession and mortgage crisis in 2009, Nevada was one of the hardest hit States, with its population facing a 20 percent increase in economic insecurity. Over the following decade, the Las Vegas Valley rebuilt, and by 2020, Nevada led in growth nationally. However, in 2021, the State experienced economic hardship at higher rates due to the impact of the COVID–19 pandemic on the travel and tourism industries.(10)The Apex Project has expanded to be one of the most promising economic endeavors in Southern Nevada, with the potential to create jobs, stimulate wages, and improve the well-being of everyone in the region—especially the citizens of North Las Vegas, the only predominantly minority population, which has been hit particularly hard by recessions and the COVID–19 pandemic.(11)The Apex Project has evolved since 1989, but the partnership between Federal and private land owners remains unwavering. The Bureau of Land Management and Apex stakeholders have created important environmental protections and permitting procedures that are appropriate to utilize in a streamlined capacity as the Apex Project continues to take a new direction.

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(2)in section 2(b)—(A)by redesignating paragraph (6) as paragraph (8); and(B)by inserting after paragraph (5) the following:

(6)The term Apex Industrial Park Owners Association has the meaning given such term by the charter document for the entity entitled Apex Industrial Park Owners Association, formed on April 9, 2001, and any successor documents to such charter document, on file with the Nevada Secretary of State.(7)The term City of North Las Vegas means North Las Vegas, Nevada.

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(3)in section 3(b)—(A)by striking Clark County for the connection and inserting Clark County, the City of North Las Vegas, and the Apex Industrial Park Owners Association, individually or jointly as appropriate, for the connection;(B)by striking Kerr-McGee Site and inserting Kerr-McGee Site and other lands conveyed in accordance with this Act; and(C)by inserting (or any successor maps created by the Secretary) after May 1989;(4)in section 4(c), by striking Pursuant and all that follows through Clark County and inserting During such time as the requirements of section 6 are met, and pursuant to applicable law, the Secretary shall grant Clark County, the City of North Las Vegas, and the Apex Industrial Owners Association;(5)in section 4(e)(1), by striking the last sentence and inserting The withdrawal made by this subsection shall continue in perpetuity for all lands transferred in accordance with this subsection.;(6)in section 4(e), by adding at the end the following:

(3)In the case of the sale of mineral materials resulting from grading, land balancing, or other activities on the surface of a parcel within the Apex Site for which the United States retains an interest in the minerals—(A)it shall be considered impracticable to obtain competition for purposes of section 3602.31(a)(2) of title 43, Code of Federal Regulations (as in effect on the date of the enactment of the Apex Area Technical Corrections Act); and(B)such sale shall be exempt from the quantity and term limitations imposed on noncompetitive sales under subpart 3602 of such title (as in effect on the date of the enactment of the Apex Area Technical Corrections Act.

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(7)in section 6, by adding at the end the following:

(d)

Compliance with environmental assessments

Each transfer by the United States of additional lands or interests in lands within the Apex Site or rights-of-way issued pursuant to this Act shall be conditioned upon compliance with applicable Federal land laws, including the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976.