[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.