Apex Area Technical Corrections Act

This section would let the Act be called the Apex Area Technical Corrections Act.

This section would make six changes to the Apex Project, Nevada Land Transfer and Authorization Act of 1989 (Public Law 101-67; 103 Stat. 168). First, in that Act's definitions list in section 2(b), it would add two new defined terms: "Apex Industrial Park Owners Association," meaning the entity of that name as described in its charter document formed on April 9, 2001, or in any later version of that charter document on file with the Nevada Secretary of State, and "City of North Las Vegas," meaning North Las Vegas, Nevada. The paragraph currently numbered (6) in that list would become paragraph (8), with no change to what it says. Second, in section 3(b), the words "Clark County for the connection" would be replaced with "Clark County, the City of North Las Vegas, and the Apex Industrial Park Owners Association, individually or jointly as appropriate, for the connection," so that provision would cover those three parties, acting on their own or together, instead of covering only Clark County. In that same subsection, a reference to only the "Kerr-McGee Site" would be replaced with a reference to the "Kerr-McGee Site and other lands conveyed in accordance with this Act," so the provision would also cover those other conveyed lands. Also in that subsection, the words "(or any successor maps created by the Secretary)" would be added right after a reference to a map dated May 1989, so any later map created by the Secretary could also be used in place of that 1989 map. Third, the opening words of section 4(c), which currently read "Pursuant" through "Clark County," would be replaced with: the Secretary shall grant Clark County, the City of North Las Vegas, and the Apex Industrial Park Owners Association whatever section 4(c) already grants, but only during such time as the requirements of section 6 are met and pursuant to applicable law; the grant would go to those three parties instead of to Clark County alone, and it would be conditioned on section 6's requirements being met, on top of whatever conditions the rest of section 4(c) already sets. Fourth, the last sentence of section 4(e)(1) would be replaced with: the land withdrawal made under that subsection shall continue in perpetuity for all lands transferred under that subsection, meaning that withdrawal would not expire for any land transferred under it. Fifth, a new paragraph (3) would be added at the end of section 4(e): when mineral materials produced by grading, land balancing, or other surface activity on a parcel within the Apex Site are sold, and the United States keeps an interest in the minerals on that parcel, the sale would automatically be treated as impracticable to competitively bid under section 3602.31(a)(2) of title 43 of the Code of Federal Regulations as in effect on the date this Act is enacted, and the sale would be exempt from the quantity and term limits that subpart 3602 of that title otherwise imposes on noncompetitive sales. Sixth, a new subsection (d), titled "Compliance with environmental assessments," would be added to section 6: every future transfer by the United States of additional lands or interests in lands within the Apex Site, and every right-of-way issued under this Act, would have to comply with applicable federal land laws, including the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976.