Apex Area Technical Corrections Act

Subjects: Public Lands and Natural Resources

Summary:  <p><strong>Apex Area Technical Corrections Act</strong></p> <p>This bill makes amendments to the Apex Project, Nevada Land Transfer and Authorization Act of 1989, which provided Clark County, Nevada, with the option to acquire certain federal land referred to as the Apex Site for use as sites for industries that generate hazardous materials (including the Kerr-McGee site).</p> <p>The Department of the Interior shall grant utility and transportation rights-of-way to the city of North Las Vegas and the Apex Industrial Park Owners Association for the connection of existing electric power, water, natural gas, telephone, railroad, and highway facilities to the Kerr-McGee site and the other lands conveyed in accordance with this bill. </p> <p> Interior shall also grant to the city of North Las Vegas and the Apex Industrial Owners Association 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 authorized for sale by Interior within the Apex Site that lie outside the boundaries of the Kerr-McGee site.</p> <p>Transfers by the United States of any additional lands or interests in lands within the Apex Site or rights-of-way issued pursuant to this bill shall be conditioned upon compliance with applicable federal land laws, including the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976.</p> <p>The withdrawal of the lands within the Apex Site shall continue in perpetuity for all of the transferred lands.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1504 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1504

 To amend the Apex Project, Nevada Land Transfer and Authorization Act 
of 1989 to include the City of North Las Vegas and the Apex Industrial 
            Park Owners Association, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2023

   Mr. Horsford (for himself, Mr. Amodei, Ms. Titus, and Mrs. Lee of 
   Nevada) introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Apex Project, Nevada Land Transfer and Authorization Act 
of 1989 to include the City of North Las Vegas 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Apex Area Technical Corrections 
Act''.

SEC. 2. APEX PROJECT, NEVADA LAND TRANSFER AND AUTHORIZATION ACT OF 
              1989.

    The Apex Project, Nevada Land Transfer and Authorization Act of 
1989 (Public Law 101-67; 103 Stat. 168) is amended--
            (1) in section 2(a), by adding at the end the following:
            ``(9) Nevada's `boom and bust' economic timeline 
        demonstrates a need for economic diversity and stability in the 
        Las Vegas Valley. In the year 2000, Nevada was the fastest 
        growing State for 14 consecutive years and had increased its 
        population by 1,000,000 residents since 1980. During the 
        recession and mortgage crisis in 2009, Nevada was one of the 
        hardest hit States, with its population facing a 20 percent 
        increase in economic insecurity. Over the following decade, the 
        Las Vegas Valley rebuilt, and by 2020, Nevada led in growth 
        nationally. However, in 2021, the State experienced economic 
        hardship at higher rates due to the impact of the COVID-19 
        pandemic on the travel and tourism industries.
            ``(10) The Apex Project has expanded to be one of the most 
        promising economic endeavors in Southern Nevada, with the 
        potential to create jobs, stimulate wages, and improve the 
        well-being of everyone in the region--especially the citizens 
        of North Las Vegas, the only predominantly minority population, 
        which has been hit particularly hard by recessions and the 
        COVID-19 pandemic.
            ``(11) The Apex Project has evolved since 1989, but the 
        partnership between Federal and private land owners remains 
        unwavering. The Bureau of Land Management and Apex stakeholders 
        have created important environmental protections and permitting 
        procedures that are appropriate to utilize in a streamlined 
        capacity as the Apex Project continues to take a new 
        direction.'';
            (2) in section 2(b)--
                    (A) by redesignating paragraph (6) as paragraph 
                (8); and
                    (B) by inserting after paragraph (5) the following:
            ``(6) The term `Apex Industrial Park Owners Association' 
        has the meaning given such term by the charter document for the 
        entity entitled `Apex Industrial Park Owners Association', 
        formed on April 9, 2001, and any successor documents to such 
        charter document, on file with the Nevada Secretary of State.
            ``(7) The term `City of North Las Vegas' means North Las 
        Vegas, Nevada.'';
            (3) in section 3(b)--
                    (A) by striking ``Clark County for the connection'' 
                and inserting ``Clark County, the City of North Las 
                Vegas, 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 lands conveyed in 
                accordance with this Act''; and
                    (C) by inserting ``(or any successor maps created 
                by the Secretary)'' after ``May 1989'';
            (4) in section 4(c), by striking ``Pursuant'' and all that 
        follows through ``Clark County'' and inserting ``During such 
        time as the requirements of section 6 are met, and pursuant to 
        applicable law, the Secretary shall grant Clark County, the 
        City of North Las Vegas, and the Apex Industrial Owners 
        Association'';
            (5) in section 4(e)(1), by striking the last sentence and 
        inserting ``The withdrawal made by this subsection shall 
        continue in perpetuity for all lands transferred in accordance 
        with this subsection.'';
            (6) in section 4(e), by adding at the end the following:
    ``(3) 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 and 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 the 
        enactment of the Apex Area Technical Corrections Act); and
            ``(B) such sale shall be exempt from the quantity and term 
        limitations imposed on noncompetitive sales under subpart 3602 
        of such title (as in effect on the date of the enactment of the 
        Apex Area Technical Corrections Act.''; and
            (7) in section 6, by adding at the end the following:
    ``(d) Compliance With Environmental Assessments.--Each transfer by 
the United States of additional lands or interests in lands within the 
Apex Site or rights-of-way issued pursuant to this Act shall be 
conditioned upon compliance with applicable Federal land laws, 
including the National Environmental Policy Act of 1969 and the Federal 
Land Policy and Management Act of 1976.''.
                                 &lt;all&gt;
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