[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1760 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1760
To amend the Apex Project, Nevada Land Transfer and Authorization Act
of 1989 to include the city of North Las Vegas, Nevada, and the Apex
Industrial Park Owners Association, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 30, 2023
Ms. Cortez Masto introduced the following bill; which was read twice
and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend the Apex Project, Nevada Land Transfer and Authorization Act
of 1989 to include the city of North Las Vegas, Nevada, and the Apex
Industrial Park Owners Association, 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 ``Apex Area Technical Corrections
Act''.
SEC. 2. 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)--
(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' has the meaning given
the term in the charter document for the entity entitled `Apex
Industrial Park Owners Association', which was formed on April
9, 2001, and any successor documents to the charter document,
as on file with the Nevada Secretary of State.''; 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 for the connection''
and inserting ``Clark County, the City, 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 land conveyed in accordance
with this Act''; and
(C) by inserting ``(or any successor map prepared
by the Secretary)'' after ``May 1989''; and
(2) in the third sentence, by inserting ``, the City, or
the Apex Industrial Park Owners Association, individually or
jointly, as appropriate,'' after ``Clark County''.
(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)--
(1) in subsection (c), by striking ``Pursuant'' and all
that follows through ``Clark County'' and inserting ``During
any period in which the requirements of section 6 are met,
pursuant to applicable law, the Secretary shall grant to Clark
County, the City, and the Apex Industrial Park Owners
Association''; and
(2) in subsection (e)--
(A) in paragraph (1), by striking the last sentence
and inserting ``The withdrawal made by this subsection
shall continue in perpetuity for all land transferred
in accordance with this Act.''; and
(B) by adding at the end the following:
``(3) Mineral Materials Sale.--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
enactment of the Apex Area Technical Corrections Act); and
``(B) the sale shall be exempt from the quantity and term
limitations imposed on noncompetitive sales under subpart 3602
of that title (as in effect on the date of enactment of the
Apex Area Technical Corrections Act).''.
(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.).''.
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