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H.R. 618 · House bill · 119th Congress
This act directs the Department of the Interior to grant certain rights-of-way related to the Apex Project (an industrial park) to Clark County in Nevada, the city of North Las Vegas, and the Apex Industrial Park Owners Association. Thus, the act expedites the federal permitting process for expanding the industrial park's infrastructure.
Specifically, the act directs Interior to 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 lands within the Apex Project site. (Interior is already directed to grant such rights-of-way to Clark County.)
Interior must also grant to the county, the city, and association such rights-of-way on public lands as may be necessary to support the development of the industrial park as a heavy use industrial zone. (Currently, Interior may grant the rights-of-way to the county.)
The act also requires that the withdrawal of the transferred lands within the Apex Site from all forms of entry and appropriation under the public land laws (e.g., leasing the land for minerals) continue in perpetuity.
In the case of the sale of mineral materials resulting from grading or other activities on the surface of a land parcel within the Apex Project site, the sales are exempt from quantity and term limitations placed on noncompetitive sales.
This Act may be cited as the “Apex Area Technical Corrections Act”.
The Apex Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law 101–67; 103 Stat. 168) is amended—
(1) 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.”;
(2) 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”;
(3) 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”;
(4) 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.”;
(5) 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
(6) 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.”.