Apex Project, Nevada Land Transfer and Authorization Act Amendments Act
- Bill Number
- S. 217
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Public Lands and Natural Resources
- Status
- Introduced
- Latest Action
- 2025-01-23: Read twice and referred to the Committee on Energy and Natural Resources.
- Last Updated
- 2026-03-24T12:48:03Z
AI-Generated Summary
Purpose
This legislation amends the Apex Project, Nevada Land Transfer and Authorization Act of 1989 to expand eligibility for land transfers in the Apex Site area of Nevada. It includes the City of North Las Vegas and the Apex Industrial Park Owners Association as potential recipients, aiming to support local development while maintaining federal oversight on environmental and resource management.
Key Provisions
- Updated Definitions (Section 2(a)):
- Adds new terms: "City" refers to the City of North Las Vegas, Nevada; "Apex Industrial Park Owners Association" refers to the association formed in 2001 and chartered in Nevada (or its successor).
- Rearranges and clarifies existing definitions for better readability, such as those for Clark County, the Apex Site (a specific area for industrial development), and terms from the Federal Land Policy and Management Act (FLPMA, a law governing public land use).
- Expanded Land Transfers (Sections 2(b) and 2(c)):
- For the Kerr-McGee Site (a contaminated former industrial site) and other lands, transfers can now go to Clark County, the City of North Las Vegas, or the Apex Industrial Park Owners Association—either individually or jointly.
- Authorizes additional transfers of land or rights-of-way within the Apex Site, with the same expanded recipient options.
- Allows the Secretary of the Interior (who oversees federal lands) to sell mineral materials (like sand or gravel) from surface activities on parcels where the U.S. retains mineral rights. Sales must be at fair market value, without public bidding or volume limits, bypassing standard federal regulations for efficiency.
- Environmental Requirements (Section 2(d)):
- All land transfers or rights-of-way must comply with key federal laws, including the National Environmental Policy Act (NEPA, which requires environmental impact assessments) and FLPMA. This ensures protections for the environment during development.
Significant Changes to Existing Law
- Inclusion of New Entities: The original 1989 Act limited transfers primarily to Clark County; this bill broadens it to include the City of North Las Vegas and the Apex Industrial Park Owners Association, enabling more local collaboration.
- Streamlined Mineral Sales: Introduces a new exception to federal regulations (43 CFR Part 3600), allowing quicker sales of materials from land preparation activities without advertising or bids, while still requiring fair market value.
- Enhanced Formatting and Clarity: Redefines and reorganizes terms in the 1989 Act for modern legal standards, without altering their core meanings.
- Mandatory Environmental Conditioning: Adds a new requirement tying all transfers to NEPA and FLPMA compliance, strengthening environmental safeguards not explicitly stated before.
Potential Impacts
- On Government Agencies: The Bureau of Land Management (BLM, under the Department of the Interior) gains flexibility in managing and selling resources but must enforce stricter environmental reviews, potentially increasing administrative workload for compliance.
- On Citizens and Local Communities: Residents and businesses in North Las Vegas and surrounding areas could benefit from expanded industrial development opportunities, such as job creation and infrastructure growth in the Apex Industrial Park. However, it may raise concerns about environmental risks if not properly managed.
- On International Relations: No direct impacts, as this is a domestic land management issue focused on U.S. public lands in Nevada.
Main Stakeholders Affected
- Federal Government: Department of the Interior and BLM, responsible for overseeing transfers, sales, and compliance.
- Local Governments: Clark County and the City of North Las Vegas, now eligible to receive and manage lands for public or economic use.
- Private Entities: Apex Industrial Park Owners Association and its members (industrial park owners and businesses), who can participate in transfers to support development.
- Environmental and Community Groups: Indirectly affected through required NEPA assessments, which could influence public input on land use.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces federal land laws by explicitly linking transfers to NEPA (environmental reviews) and FLPMA (balanced land use), reducing potential for legal challenges over non-compliance. The mineral sales provision offers administrative efficiency but must adhere to fair market value to avoid waste of public resources.
- Constitutional: No apparent conflicts; it aligns with Congress's authority over public lands under the Property Clause of the U.S. Constitution, promoting orderly disposal for public benefit.
- Political: Supports bipartisan local interests in Nevada (introduced by Senators Cortez Masto and Rosen) by facilitating economic growth in a growing urban area, but could spark debate over federal land giveaways versus environmental protections. Referred to the Senate Committee on Energy and Natural Resources for further review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Cortez Masto, Catherine [D-NV]
Cosponsors (1)
Recent Actions
- 2025-01-23: Read twice and referred to the Committee on Energy and Natural Resources.
- 2025-01-23: Introduced in Senate
Bill Versions
- Apex Project, Nevada Land Transfer and Authorization Act Amendments Act — issued 2025-01-23 — PDF (5 pages)