What This Bill Does
This bill changes 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 in the project. The bill updates the law to reflect how the Apex Project has grown and changed since 1989 while keeping environmental protections in place.
Who It Affects
Clark County, Nevada
City of North Las Vegas
Apex Industrial Park Owners Association
The Bureau of Land Management
Citizens of North Las Vegas
Key Provisions
The bill adds the City of North Las Vegas and the Apex Industrial Park Owners Association as parties who can receive land or rights-of-way (permission to use land for specific purposes) from the federal government under the original 1989 law. (Sec. 2(3))
The bill states that land transfers must continue to follow federal environmental laws, including the National Environmental Policy Act of 1969 and the Federal Land Policy and Management Act of 1976. (Sec. 2(7))
The bill allows certain mineral materials (substances extracted from the ground) from grading and land balancing activities to be sold without competitive bidding when the federal government retains ownership of underground minerals. (Sec. 2(6))
The bill changes when the federal government can stop protecting certain lands, stating the withdrawal protection shall continue permanently for all lands transferred under this law. (Sec. 2(5))
What Changes
If this becomes law, the City of North Las Vegas and the Apex Industrial Park Owners Association become official partners in the Apex Project alongside Clark County. These groups can now individually or jointly receive land transfers and rights-of-way from the federal government. The bill updates references to include these entities in all relevant sections of the original 1989 law.
Important Definitions
"Apex Industrial Park Owners Association" means the entity formed on April 9, 2001, with that exact name, as defined in its official charter document on file with the Nevada Secretary of State, including any updated versions of that document.
"City of North Las Vegas" means North Las Vegas, Nevada.
I
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 Ne-
vada) 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 Asso-
ciation, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Apex Area Technical
4
Corrections Act’’.
5
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•HR 1504 IH
SEC. 2. APEX PROJECT, NEVADA LAND TRANSFER AND AU-
1
THORIZATION ACT OF 1989.
2
The Apex Project, Nevada Land Transfer and Au-
3
thorization Act of 1989 (Public Law 101–67; 103 Stat.
4
168) is amended—
5
(1) in section 2(a), by adding at the end the
6
following:
7
‘‘(9) Nevada’s ‘boom and bust’ economic
8
timeline demonstrates a need for economic diversity
9
and stability in the Las Vegas Valley. In the year
10
2000, Nevada was the fastest growing State for 14
11
consecutive years and had increased its population
12
by 1,000,000 residents since 1980. During the reces-
13
sion and mortgage crisis in 2009, Nevada was one
14
of the hardest hit States, with its population facing
15
a 20 percent increase in economic insecurity. Over
16
the following decade, the Las Vegas Valley rebuilt,
17
and by 2020, Nevada led in growth nationally. How-
18
ever, in 2021, the State experienced economic hard-
19
ship at higher rates due to the impact of the
20
COVID–19 pandemic on the travel and tourism in-
21
dustries.
22
‘‘(10) The Apex Project has expanded to be one
23
of the most promising economic endeavors in South-
24
ern Nevada, with the potential to create jobs, stimu-
25
late wages, and improve the well-being of everyone
26
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•HR 1504 IH
in the region—especially the citizens of North Las
1
Vegas, the only predominantly minority population,
2
which has been hit particularly hard by recessions
3
and the COVID–19 pandemic.
4
‘‘(11) The Apex Project has evolved since 1989,
5
but the partnership between Federal and private
6
land owners remains unwavering. The Bureau of
7
Land Management and Apex stakeholders have cre-
8
ated important environmental protections and per-
9
mitting procedures that are appropriate to utilize in
10
a streamlined capacity as the Apex Project continues
11
to take a new direction.’’;
12
(2) in section 2(b)—
13
(A) by redesignating paragraph (6) as
14
paragraph (8); and
15
(B) by inserting after paragraph (5) the
16
following:
17
‘‘(6) The term ‘Apex Industrial Park Owners
18
Association’ has the meaning given such term by the
19
charter document for the entity entitled ‘Apex In-
20
dustrial Park Owners Association’, formed on April
21
9, 2001, and any successor documents to such char-
22
ter document, on file with the Nevada Secretary of
23
State.
24
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•HR 1504 IH
‘‘(7) The term ‘City of North Las Vegas’ means
1
North Las Vegas, Nevada.’’;
2
(3) in section 3(b)—
3
(A) by striking ‘‘Clark County for the con-
4
nection’’ and inserting ‘‘Clark County, the City
5
of North Las Vegas, and the Apex Industrial
6
Park Owners Association, individually or jointly
7
as appropriate, for the connection’’;
8
(B) by striking ‘‘Kerr-McGee Site’’ and in-
9
serting ‘‘Kerr-McGee Site and other lands con-
10
veyed in accordance with this Act’’; and
11
(C) by inserting ‘‘(or any successor maps
12
created by the Secretary)’’ after ‘‘May 1989’’;
13
(4) in section 4(c), by striking ‘‘Pursuant’’ and
14
all that follows through ‘‘Clark County’’ and insert-
15
ing ‘‘During such time as the requirements of sec-
16
tion 6 are met, and pursuant to applicable law, the
17
Secretary shall grant Clark County, the City of
18
North Las Vegas, and the Apex Industrial Owners
19
Association’’;
20
(5) in section 4(e)(1), by striking the last sen-
21
tence and inserting ‘‘The withdrawal made by this
22
subsection shall continue in perpetuity for all lands
23
transferred in accordance with this subsection.’’;
24
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•HR 1504 IH
(6) in section 4(e), by adding at the end the fol-
1
lowing:
2
‘‘(3) In the case of the sale of mineral materials re-
3
sulting from grading, land balancing, or other activities
4
on the surface of a parcel within the Apex Site for which
5
the United States retains and interest in the minerals—
6
‘‘(A) it shall be considered impracticable to ob-
7
tain
competition
for
purposes
of
section
8
3602.31(a)(2) of title 43, Code of Federal Regula-
9
tions (as in effect on the date of the enactment of
10
the Apex Area Technical Corrections Act); and
11
‘‘(B) such sale shall be exempt from the quan-
12
tity and term limitations imposed on noncompetitive
13
sales under subpart 3602 of such title (as in effect
14
on the date of the enactment of the Apex Area Tech-
15
nical Corrections Act.’’; and
16
(7) in section 6, by adding at the end the fol-
17
lowing:
18
‘‘(d) COMPLIANCE WITH ENVIRONMENTAL ASSESS-
19
MENTS.—Each transfer by the United States of additional
20
lands or interests in lands within the Apex Site or rights-
21
of-way issued pursuant to this Act shall be conditioned
22
upon compliance with applicable Federal land laws, includ-
23
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•HR 1504 IH
ing the National Environmental Policy Act of 1969 and
1
the Federal Land Policy and Management Act of 1976.’’.
2
Æ
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