101 S1760 IS: Apex Area Technical Corrections Act
U.S. Senate
2023-05-30
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II
118th CONGRESS
1st Session
S. 1760
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.
1.

Short title
This Act may be cited as the “Apex Area Technical Corrections Act”.
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.).”.