[Pages S7166-S7167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




APEX PROJECT, NEVADA LAND TRANSFER AND AUTHORIZATION ACT AMENDMENTS ACT

  A 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, which had been reported from the Committee on Energy and 
Natural Resources with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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,

[[Page S7167]]

     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.).''.

  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 1760), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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