[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1760 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 280
118th CONGRESS
  1st Session
                                S. 1760

                          [Report No. 118-136]

 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

                           December 12, 2023

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Apex Area Technical 
Corrections Act''.</DELETED>

<DELETED>SEC. 2. APEX PROJECT, NEVADA LAND TRANSFER AND AUTHORIZATION 
              ACT OF 1989.</DELETED>

<DELETED>    (a) Definitions.--Section 2(b) of the Apex Project, Nevada 
Land Transfer and Authorization Act of 1989 (Public Law 101-67; 103 
Stat. 169)--</DELETED>
        <DELETED>    (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:'';</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) in paragraph (3), by inserting ``County; clark 
        county.--'' before ``The term'';</DELETED>
        <DELETED>    (4) in paragraph (6)--</DELETED>
                <DELETED>    (A) by inserting ``FLPMA terms.--'' before 
                ``All''; and</DELETED>
                <DELETED>    (B) by inserting ``(43 U.S.C. 1701 et 
                seq.)'' before the period at the end;</DELETED>
        <DELETED>    (5) by redesignating paragraphs (1), (2), (3), 
        (4), (5), and (6) as paragraphs (7), (6), (4), (5), (2), and 
        (8), respectively;</DELETED>
        <DELETED>    (6) by inserting before paragraph (2) (as so 
        redesignated) the following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (7) by inserting after paragraph (2) (as so 
        redesignated) the following:</DELETED>
        <DELETED>    ``(3) City.--The term `City' means the city of 
        North Las Vegas, Nevada.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in the first sentence--</DELETED>
                <DELETED>    (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'';</DELETED>
                <DELETED>    (B) by striking ``Kerr-McGee Site'' and 
                inserting ``Kerr-McGee Site and other land conveyed in 
                accordance with this Act''; and</DELETED>
                <DELETED>    (C) by inserting ``(or any successor map 
                prepared by the Secretary)'' after ``May 1989''; 
                and</DELETED>
        <DELETED>    (2) in the third sentence, by inserting ``, the 
        City, or the Apex Industrial Park Owners Association, 
        individually or jointly, as appropriate,'' after ``Clark 
        County''.</DELETED>
<DELETED>    (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)--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) in subsection (e)--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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.).''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Apex Project, Nevada Land Transfer 
and Authorization Act Amendments Act''.

SEC. 2. 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.).''.
                                                       Calendar No. 280

118th CONGRESS

  1st Session

                                S. 1760

                          [Report No. 118-136]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 12, 2023

                       Reported with an amendment