[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