101 S1760 RS: Apex Area Technical Corrections Act U.S. Senate 2023-05-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 280118th CONGRESS1st SessionS. 1760[Report No. 118–136]IN THE SENATE OF THE UNITED STATESMay 30, 2023Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesDecember 12, 2023Reported by Mr. Manchin, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo 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.)..

1.

Short title

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

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.)..

December 12, 2023Reported with an amendment