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S. 1760 — what changed

Apex Project, Nevada Land Transfer and Authorization Act Amendments Act

From Reported in Senate to Engrossed in Senate. 2 sections amended between Reported in Senate and Engrossed in Senate.

Section 1 Short title

changed This Act may be cited as the “Apex Area Technical Corrections 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)
changed Definitions— Section 2(b) of the Apex Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law 101–67; 103 Stat. 169)—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:

changed “(1) Apex Industrial Park Owners Association—The term Apex Industrial Park Owners Association has the meaning given the term in the charter document for means the entity entitled “Apex Apex Industrial Park Owners Association”, which was Association formed on April 9, 2001, and any successor documents to the charter document, as on file with chartered in the Nevada Secretary State of State.”Nevada (including any successor in interest).”

(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)
changed by striking “Clark County for the connection” County” and inserting “Clark County, the City, and or the Apex Industrial Park Owners Association, individually or jointly, as appropriate, for the connection”;appropriate,”; and
(B)
changed by striking “Kerr-McGee Site” “Site” and inserting “Kerr-McGee Site “Site and other land conveyed in accordance with this Act”; and
(C)
removed by inserting “(or any successor map prepared by the Secretary)” after “May 1989”; and
(2)
changed 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,” after “Clark County”.appropriate,”.
(c)
changed 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)—171) is amended—
(1)
changed 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 “Clark County, the City, and or the Apex Industrial Park Owners Association”; Association, individually or jointly, as appropriate,”; and
(2)
changed in subsection (e)—(e), by adding at the end the following:

added “(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.”

(A)
removed 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
(B)
removed by adding at the end the following:

removed “(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—

removed “(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

removed “(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).”

(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.).”