[Senate Report 118-136]
[From the U.S. Government Publishing Office]


<
                                                       Calendar No. 280
                                                       
118th Congress }                                                 { Report
                                 SENATE
 1st Session   }                                                 {118-136

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  APEX PROJECT, NEVADA LAND TRANSFER AND AUTHORIZATION ACT AMENDMENTS

                                _______
                                

               December 12, 2023.--Ordered to be printed

                                _______
                                

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1760]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (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, having considered the 
same, reports favorably thereon with an amendment, in the 
nature of a substitute, and recommends that the bill, as 
amended, do pass.

                               Amendment

    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE

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

SECTION 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.).''.

                                Purpose

    The purpose of S. 1760 is 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 to be authorized to be granted utility and 
transportation rights-of-way.

                          Background and Need

    In 1989, Congress enacted the Apex Project, Nevada Land 
Transfer and Authorization Act (Public Law 101-67) which among 
other purposes, authorized the sale of approximately 21,000 
acres of Bureau of Land Management (BLM) land to Clark County, 
Nevada for establishment of the Apex Industrial Park in 
southern Nevada. The County completed its purchase of the 
property in 1999.
    Although the Apex site is managed by a public-private 
partnership, the 1989 law directed the BLM to issue utility and 
transportation rights-of-way across the site. This has often 
resulted in a lengthy permitting process for businesses that 
need to construct sewer, gas, power, road access, and broadband 
infrastructure across BLM-managed utility corridors.
    S. 1760 amends the 1989 Apex law to authorize the Secretary 
of the Interior to grant rights-of-way on the Apex site to the 
local managers, which include Clark County, the City of North 
Las Vegas, and Apex Industrial Park Owners Association, to 
facilitate their management of the Apex site.

                          Legislative History

    S. 1760 was introduced by Senator Cortez Masto on May 30, 
2023. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 1760 on July 12, 2023. Companion 
legislation, H.R. 1504, was introduced in the House of 
Representatives on March 9, 2023, by Representative Horsford.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 21, 2023, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
S. 1760, if amended as described herein.

                          Committee Amendment

    During its consideration of S. 1760, the Committee adopted 
an amendment in the nature of a substitute. The amendment makes 
several clarifying and conforming edits and is explained in 
detail in the section-by-section analysis, below.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title of the bill, the ``Apex 
Project, Nevada Land Transfer and Authorization Act Amendments 
Act.''

Section 2. Amendments to the Apex Project, Nevada Land Transfer and 
        Authorization Act of 1989

    Subsection (a) amends section 2(b) of the Apex Project, 
Nevada Land Transfer and Authorization Act of 1989 (``Apex 
Project Act''; Public Law 101-67) to define additional terms.
    Subsection (b) amends section 3(b) of the Apex Project Act 
to authorize the Secretary of the Interior (Secretary) to grant 
utility and transportation rights-of-way to the City of North 
Las Vegas and the Apex Industrial Park Owners Association (in 
addition to Clark County, which already has this authority), 
for the connection of existing electric power, water, natural 
gas, telephone, railroad and highway facilities to the Apex 
site.
    Subsection (c) amends section 4 of the Apex Project Act to 
authorize the Secretary to grant rights-of-way to the City of 
North Las Vegas and the Apex Industrial Park Owners Association 
(in addition to Clark County, which already has this 
authority), to support the development as a heavy-use 
industrial zone in the lands identified in subsection (a).
    The subsection amends section 4(e) of the Apex Project Act 
to authorize the Secretary to sell, at not less than fair-
market value, any mineral materials resulting from surface 
activities on lands within the Apex Site where the United 
States retains an interest in the minerals.
    Subsection (d) amends section 6 of the Apex Project Act to 
require that any transfer of land at the Apex Site or rights-
of-way issued be conditioned on the compliance with applicable 
Federal land laws, including the National Environmental Policy 
Act of 1969, and the Federal Land Policy Management Act of 
1976.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 1760 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1760. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 1760, as ordered reported.

                   Congressionally Directed Spending

    S. 1760, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony of the Bureau of Land Management from the 
Subcommittee on Public Lands, Forests, and Mining July 12, 
2023, hearing:

     Statement of Thomas Heinlein, Assistant Director for National 
Conservation Lands & Community Partnerships, Bureau of Land Management, 
                    U.S. Department of the Interior


              s. 1760 apex area technical corrections act


    S. 1760 would amend the Nevada Land Transfer and 
Authorization Act of 1989 (P.L. 101-67) to require the 
Secretary of the Interior to issue utility and transportation 
related rights-of-way (ROW) grants for the Apex Industrial Site 
in southern Nevada. The bill would also allow for the unlimited 
noncompetitive sale of sand and gravel resources from lands of 
which the United States has retained mineral rights within the 
Apex Industrial Site.
Analysis
    The Nevada Land Transfer and Authorizations Act of 1989 
identified the 21,000-acre Apex Industrial Site located outside 
the city of North Las Vegas. The 1989 law authorized the sale 
of BLM-managed lands within the site to Clark County upon their 
request with a reservation made for ROW corridors. The 1989 law 
also directed the conveyance of a 3,700-acre parcel of BLM-
managed lands within the Apex site to Clark County known as the 
Kerr-McGee site. As part of this conveyance, the Secretary of 
the Interior was directed to grant ROWs to Clark County for the 
connection of existing electric power, water, natural gas, 
telephone, railroad and highway facilities to the Kerr-McGee 
Site. From 1989 to 1999 a total of approximately 16,000-acres 
of BLM-managed lands within the Apex Industrial Site were 
conveyed to Clark County. The remaining 5,000-acres of BLM-
managed lands within the site are reserved for ROW corridors.
Rights-of-Way
    Under the FLPMA, the BLM issues ROWs for a variety of uses 
that are in the public interest, such as supporting energy 
transmission from renewable and conventional sources, expanding 
broadband networks, encouraging economic development, and 
promoting public health and safety. A ROW grant authorizes 
rights and privileges for a specific use of the land for a 
specified period that is appropriate for the life of the 
project. FLPMA further requires the BLM to charge rental fees 
that reflect the value of the uses authorized by the ROW. S. 
1760 would amend the Nevada Land Transfer and Authorization Act 
of 1989 to include the Apex Industrial Park Owners Association 
and the City of North Las Vegas--in addition to Clark County--
as parties to whom the Secretary is required to issue utility 
or transportation ROWs to access the Apex industrial site. The 
bill would amend the law by removing the discretion from the 
Secretary in the issuance of these ROW grants. The BLM supports 
the Sponsor's goal of facilitating the expansion of public 
infrastructure for the City of North Las Vegas, which is in the 
public interest, but would like to work with the Sponsor to 
ensure that the Department retains discretion on the issuance 
of any future utility or transportation ROWs.
Federal Minerals
    The Materials Act of 1947 removed ``common varieties''' of 
certain widespread minerals of common occurrence, such as sand 
and gravel, from disposal under the Mining Law, and instead 
made them subject to sale or permit. The BLM's policy is to 
make these materials available to the public and local 
governmental agencies whenever possible and wherever 
environmentally acceptable. The BLM sells mineral materials to 
the public at fair market value and shares a portion of the 
revenues from their sale with the state from which the minerals 
are produced. States, counties, or other government entities 
are allowed to access and obtain mineral materials for public 
projects at no cost.
    S. 1760 would allow for the unlimited noncompetitive sale 
of any mineral materials generated from activities within the 
Apex Site. The BLM would like to work with the Sponsor to 
ensure the sale or use of any Federal minerals follow existing 
law and regulations.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1760, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

    APEX PROJECT, NEVADA LAND TRANSFER AND AUTHORIZATION ACT OF 1989


                    Public Law 101-67; 103 Stat. 169


AN ACT To direct the sale of certain lands in Clark County, Nevada, to 
meet national defense and other needs; to authorize the sale of certain 
other lands in Clark County, Nevada; and for other purposes.

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE

    This Act may be cited as the ``Apex Project, Nevada Land 
Transfer and Authorization Act of 1989''.

SEC. 2. FINDINGS AND DEFINITIONS

           *       *       *       *       *       *       *


    (b) Definitions.--[As used in this Act, the following terms 
shall have the following meanings--] In this Act:
          (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).
          [(5)](2) BLM's Desert Tortoise Plan.--The term 
        ``BLM's Desert Tortoise Plan'' means the plan entitled 
        ``Desert Tortoise Habitat Management on the Public 
        Lands: A Rangewide Plan'', approved November 14, 1988.
          (3) City.--The term ``City'' means the city of North 
        Las Vegas, Nevada.
          [(3)](4) County; Clark County.--The term ``county'' 
        or ``Clark County'' means Clark County, Nevada.
          [(4)](5) Kerr McGee.--The term ``Kerr-McGee'' means 
        the Kerr-McGee Chemical Corporation.
          [(2)](6) Lands.--The term ``lands'' means lands and 
        interests therein.
          [(1)](7) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          [(6)](8) FLPMA Terms.--All other terms shall have the 
        same meaning as such terms have when used in the 
        Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.).

SEC. 3. KERR-MCGEE SITE TRANSFER

    (a) Directed Sale.--Subject to all valid existing rights, 
the Secretary is directed to convey the public lands comprising 
approximately thirty-seven hundred acres designated as ``Area 
1'' and ``Area 2'' within the ``Kerr-McGee Site'' on the map 
entitled ``Apex Heavy-Industry Use Zone'' dated May 1989, to 
Clark County, Nevada, solely for sale to Kerr-McGee, in return 
for payment of the lands' appraised fair market value, as 
determined by the Secretary in accordance with established 
appraisal practices. However, the lands within Area 1 shall not 
be conveyed unless and until the Secretary has received a 
written commitment from Clark County and Kerr-McGee that 
whichever is offered the opportunity to purchase the lands 
within Area 2 will do so at such lands' appraised fair market 
value when the lands are offered pursuant to subsection (c) of 
this section.
    (b) Rights of Way.--Subject to all valid existing rights, 
the Secretary is directed to grant utility and transportation 
rights-of-way to [Clark County] Clark County, the City, or the 
Apex Industrial Park Owners Association, individually or 
jointly, as appropriate, for the connection of existing 
electric power, water, natural gas, telephone, railroad and 
highway facilities to the Kerr-McGee [Site] Site and other land 
conveyed in accordance with this Act, all as generally depicted 
on the map entitled ``Rights-of-Way and Proposed Access and 
Utility Locations'' dated May 1989. Each right-of-way shall not 
exceed two hundred feet in width and shall not preclude the 
Secretary from permitting other uses of the affected lands 
compatible with the uses for which such rights-of-way are 
granted. [Clark County] Clark County, the City, or the Apex 
Industrial Park Owners Association, individually or jointly, as 
appropriate, may permit other parties to use the lands covered 
by such rights-of-way for some or all of the purposes specified 
in this subsection.
    (c) Timing, Etc.--
          (1) Subject to subsections (a) and (b) of this 
        section, the Secretary shall offer to sell to Clark 
        County the lands within the Kerr-McGee Site depicted as 
        Area 1 and shall offer to grant the rights-of-way 
        described in subsection (b) of this section to Clark 
        County within thirty days of the date of enactment of 
        this Act, but the Secretary's duty to transfer such 
        lands and rights-of-way shall not lapse if they are not 
        offered to the county within the prescribed time. Such 
        sale shall be for fair market value, as determined by 
        the Secretary in accordance with established procedures 
        of the BLM. If Clark County fails to purchase such 
        lands within sixty days of receiving the Secretary's 
        offer, the lands and rights-of-way shall be offered to 
        Kerr-McGee for sale and grant on the same basis, and 
        subject to Kerr-McGee's entering into an agreement with 
        the Secretary similar to the agreement described in 
        section 6(a). If within sixty days after such offer, 
        Kerr-McGee fails to purchase such lands, the lands 
        shall become subject to the authorization provided for 
        in section 4 of this Act, and the total acreage 
        authorized for disposition under this section shall be 
        increased accordingly.
          (2) If the lands within Area 1 are purchased pursuant 
        to paragraph (1) of this subsection, upon completion of 
        a survey of the boundaries of Area 2, the Secretary 
        shall offer to sell to the purchaser of Area 1 the 
        lands within Area 2 at their appraised fair market 
        value, as determined by the Secretary in accordance 
        with established procedures of the BLM.
          (3) Each right-of-way granted pursuant to this 
        section shall be subject to rental payments and other 
        conditions provided for in applicable law, including 
        the Federal Land Policy and Management Act of 1976 and 
        this Act. The amounts received by the United States 
        from sales of lands covered by this section shall be 
        distributed pursuant to laws generally applicable to 
        sales of public lands.

SEC. 4. AUTHORIZATION FOR ADDITIONAL TRANSFERS

    (a) Sale Authorized.--Notwithstanding any BLM land use plan 
calling for retention of the Apex Site and notwithstanding the 
reporting requirements and competitive bidding requirements of 
section 203 of the Federal Land Policy and Management Act of 
1976, the Secretary is authorized, subject to any other 
requirements of law, including the conditions of this section, 
to sell to Clark County some or all of the lands within the 
Apex Site, depicted on the map referred to in section 3(a), 
that lie outside the boundaries of the Kerr-McGee Site (as 
depicted on such map) for fair market value as determined by 
the Secretary in accordance with established appraisal 
procedures.
    (b) Requirements and Conditions.--If, no later than one 
year after the date of enactment of this Act, the county 
demonstrates to the satisfaction of the Secretary that the 
county has designated the lands comprising the Apex Site as a 
heavy-use industrial zone, pursuant to applicable laws of the 
State of Nevada, and has adopted a plan for the development of 
some or all of such lands accordingly, the Secretary shall 
offer to enter into a land sales agreement with Clark County 
for the transfer of some or all of such lands to the county by 
one or more direct sales pursuant to this section over a period 
not to exceed ten years. Such agreement shall provide for 
purchasers of parcels of the lands within the Apex Site, with 
any specific parcels to be sold to be determined by the 
Secretary, in response to proposals by the county and after 
consultation with the Secretary of the Air Force concerning any 
potential impact of any such sale on activities associated with 
Nellis Air Force Base. The purchase price for each parcel shall 
be its appraised fair market value at the time of the sale, but 
any agreement between the county and the Secretary under this 
section shall provide that if the county sells any such parcel 
or portion thereof, the county shall pay to the United States 
an amount equal to 50 per centum of the amount by which the 
amount received by the county exceeds 110 per centum of the sum 
equal to the total amounts expended by the county for 
acquisition of such parcel or portion thereof, for improvements 
to such parcel or portion thereof, and for preparation of such 
parcel or portion thereof for sale.
    (c) Rights of Way.--Pursuant to applicable law, the 
Secretary may grant [Clark County] Clark County, the City, or 
the Apex Industrial Park Owners Association, individually or 
jointly, as appropriate, such rights-of-way on public lands as 
may be necessary to support the development as a heavy-use 
industrial zone of some or all of the lands identified in 
subsection (a).
    (d) Procedures.--Except as specified in subsection (a) 
nothing in this section shall relieve the Secretary from 
compliance with all laws applicable either to the transfer of 
some or all of the lands identified in subsection (a) or to the 
granting of any rights-of-way, including, but not limited to, 
the National Environmental Policy Act of 1969. Unless otherwise 
specified in this Act, sales of lands pursuant to this section 
shall be made and patents or other documents of conveyance 
shall be issued as if such sales were made pursuant to the 
Federal Land Policy and Management Act of 1976.
    (e) Withdrawal, Etc.--
          (1) Subject to all valid existing rights, the lands 
        within the Apex Site (depicted on the map referred to 
        in section 3(a)) are hereby withdrawn from all forms of 
        entry and appropriation under the public land laws, 
        including the mining law, and from operation of the 
        mineral leasing and geothermal leasing laws, but shall 
        remain available for disposition under the Recreation 
        and Public Purposes Actand for sale under this Act or 
        other applicable law. This withdrawal shall continue in 
        effect until a parcel of land affected by such 
        withdrawal is sold, if such sale includes the right, 
        title and interest of the United States in the minerals 
        in such parcel. If the county or another party to whom 
        such parcel is offered, elects not to seek to purchase 
        the minerals in any such parcel, such parcel shall 
        remain withdrawn from entry, location, or patent under 
        the mining laws but after receipt by the Secretary of 
        notification that the county or other offeree does not 
        seek to purchase such minerals, such parcel shall be 
        open to operation of the mineral leasing and geothermal 
        leasing laws. The withdrawal made by this subsection 
        shall continue for twelve years after the date of 
        enactment of this Act or until otherwise provided by an 
        Act of Congress enacted after the date of enactment of 
        this Act.
          (2) Before offering any parcel for sale pursuant to 
        an agreement with the county under this section, the 
        Secretary (in addition to other requirements of law) 
        shall consider whether development of such parcel as 
        part of a heavy-use industrial zone, including any 
        appropriation mitigation measures, would be 
        inconsistent with BLM's Desert Tortoise Plan.
          (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.
    (f) Cogeneration Project.--Notwithstanding any withdrawal 
of the Apex Site (depicted on the map referred to in section 
3(a)), and subject to the provisions of applicable law, the 
Secretary may grant to holders of valid existing mill-site 
claims on such lands such rights-of-way as may be necessary for 
the construction, operation, and maintenance of facilities 
required in the cogeneration of electricity at the site of 
existing mill-site operations on such claims, unless and until 
the land subject to such claims is transferred out of Federal 
ownership. No such grant shall be made unless and until all 
environmental studies required in connection with such 
construction, operation, and maintenance have been completed 
and any necessary mitigation measures have been agreed to.

SEC. 5. RESERVATION OF RIGHT OF WAY CORRIDORS

    The transfer of lands pursuant to section 4 of this Act 
shall be subject to the reservation to the United States of the 
right-of-way corridors depicted on a map entitled ``Right-of-
Way Corridors Across the Apex Heavy Industrial Zone'' dated May 
1989. These corridors shall be administered by the Secretary, 
who may grant rights-of-way over, upon, under and through the 
corridors consistent with applicable law. In the administration 
of such corridors, the Secretary shall, so far as feasible, 
locate rights-of-way so as to have the least possible impact on 
any industrial uses. Nothing in this Act shall be construed as 
restricting the authority of the Secretary, under the Federal 
Land Policy and Management Act of 1976 or other applicable law, 
to reserve or grant any other rights-of-way with respect to 
such lands, in addition to the rights-of-way described on such 
map.

SEC. 6. ENVIRONMENTAL CONSIDERATIONS

           *       *       *       *       *       *       *


    (c) Other Reports.--
          (1) At the time that the President submits a budget 
        request for fiscal year 1991, and annually thereafter 
        for fifteen years, the Secretary shall submit to the 
        Congress a statement of the total amounts received by 
        the United States as the result of sales of public 
        lands described in this Act, and an account of the 
        distribution of such receipts.
          (2) No later than ninety days after the date of 
        enactment of this Act, the Secretary shall evaluate the 
        desirability of acquisition of the lands specified in 
        appendix A to the report of the Committee on Interior 
        and Insular Affairs of the United States House of 
        Representatives to accompany H.R. 1485 of the One 
        Hundred First Congress (House Report 101-79). Such 
        evaluation shall be based solely on the resources and 
        values of such lands and the extent to which national 
        policies and programs for management of such resources 
        and values would be furthered by such acquisition. 
        Promptly after the completion of such evaluation, the 
        Secretary shall report the results thereof to the 
        Committee on Interior and Insular Affairs of the United 
        States House of Representatives, the Committee on 
        Energy and Natural Resources of the United States 
        Senate, and the Representatives and Senators from the 
        State of Nevada.
    (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. 3 4321 et seq.) and the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

SEC. 7. MAPS AND LEGAL DESCRIPTIONS

    As soon as practicable after the date of enactment of this 
Act, the Secretary shall file maps and legal descriptions of 
the lands identified in sections 3, 4, and 5 with the Committee 
on Interior and Insular Affairs of the United States House of 
Representatives and the Committee on Energy and Natural 
Resources of the United States Senate. Such legal descriptions 
shall have the same force and effect as if included in this 
Act, except that the Secretary may correct clerical and 
typographical errors in such legal descriptions. The maps and 
legal descriptions shall be on file and available to public 
inspection in the offices of the Director of the BLM.