Overview
Title
To amend the Apex Project, Nevada Land Transfer and Authorization Act of 1989 to include the city of North Las Vegas, Nevada, and the Apex Industrial Park Owners Association, and for other purposes.
ELI5 AI
S. 217 is a bill that wants to change a land rule in Nevada to involve two new groups, North Las Vegas and the Apex Industrial Park group, so that they can help with moving land around without the normal bidding process. It also makes sure that any land changes follow nature protection rules.
Summary AI
S. 217 is a bill that aims to modify the existing Apex Project, Nevada Land Transfer and Authorization Act of 1989. It includes changes to involve the city of North Las Vegas, Nevada, and the Apex Industrial Park Owners Association in land transfers. The bill allows for the sale of certain mineral materials without traditional bidding requirements and ensures any land transfers comply with environmental laws. It was introduced by Senators Cortez Masto and Rosen.
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AnalysisAI
General Summary of the Bill
The proposed bill, titled the "Apex Project, Nevada Land Transfer and Authorization Act Amendments Act," seeks to amend the original 1989 legislation to incorporate new stakeholders and provisions into the Apex Project. The main goal is to include the City of North Las Vegas and the Apex Industrial Park Owners Association in activities related to land transfers at Apex Industrial Park. Additionally, it permits certain transactions and sales related to mineral materials without traditional bidding processes and mandates compliance with environmental laws for any land or rights-of-way transfers.
Summary of Significant Issues
There are several noteworthy concerns with the amendments proposed in this bill:
Lack of Transparency in Mineral Sales: The bill allows for the sale of mineral materials without the usual advertising or bidding, potentially sidestepping transparency and fairness. This could result in specific entities benefiting disproportionately from the legislation.
Preferential Treatment: Including the "Apex Industrial Park Owners Association" specifically could suggest favoritism toward this group, raising fairness concerns regarding the legislation's impartiality.
Ambiguity in Transactions: Phrases like "individually or jointly, as appropriate" could lead to opaque decision-making processes regarding land transfers, as these terms leave room for interpretation and potential disputes.
Lack of Specific Criteria: The absence of clear guidelines for determining terms like "appropriate" in land transactions could lead to inconsistent application and possible legal challenges.
Complexity in Amendments: By adding definitions and redesignating sections within the Act, the legal text may become more challenging to interpret, potentially leading to confusion about the provisions' intended impacts.
Potential Public Impact
Broadly, this bill could have a significant impact on land management practices in Nevada, especially concerning the North Las Vegas region. By including more stakeholders in the transfer processes, the bill might encourage local development and facilitate economic growth. However, the lack of transparency and complexity in the language could give rise to public criticism and allegations of favoritism, which could undermine public trust in governmental processes.
Impact on Specific Stakeholders
Positive Impacts:
City of North Las Vegas: The amendment could provide new opportunities for economic and regional development, increasing investments and potentially boosting local job markets.
Apex Industrial Park Owners Association: This group stands to benefit from increased authority and involvement in the land management processes, which could lead to more aligned developments with their interests.
Negative Impacts:
General Public and Competing Entities: Due to the lack of transparent procedures in mineral sales and transactions, other businesses or members of the public might feel deprived of fair opportunities, leading them to view the amendments as partial to specific stakeholders.
Legal and Environmental Actors: The perceived ambiguity and complexity in the amendment's language may invite legal scrutiny and challenges, complicating its implementation and potentially stalling projects during lengthy disputes.
Overall, while the bill seeks to foster development and streamline land management processes, these goals are interwoven with concerns about fairness, transparency, and legal clarity, requiring careful consideration and potential further refinement to achieve balanced and equitable outcomes for all parties involved.
Issues
The sale of mineral materials without advertising or calling for bids and without regard to volume or time limitations, as described in Section 2(c)(2), could potentially favor specific entities and lacks transparency, which might lead to ethical and legal concerns regarding fair market practices.
The inclusion of the 'Apex Industrial Park Owners Association' in the definitions and amendments (Section 2(a)(6)) could be seen as preferential treatment toward this particular organization, raising questions about the fairness and impartiality of the amendments.
The use of the term 'individually or jointly, as appropriate,' for transactions involving Clark County, the City, or the Apex Industrial Park Owners Association (Sections 2(b)(1)(A), 2(b)(2), 2(c)(1)) may lead to ambiguous interpretations and lack of clarity in decision-making processes, potentially resulting in disputes and inconsistencies in its application.
The amendment language does not provide specific criteria or guidelines for determining the 'appropriate' transactions among Clark County, the City, or the Apex Industrial Park Owners Association, as noted in Section 2. This lack of specificity could result in arbitrary or subjective decision-making, potentially leading to legal challenges.
The addition of multiple definitions and redesignations, such as in Section 2(a)(5), may complicate the legal language, making the amendments difficult to interpret and understand for stakeholders, potentially leading to confusion about the implications and execution of the provisions.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The Apex Project, Nevada Land Transfer and Authorization Act Amendments Act is the official name that may be used to refer to this Act.
2. Amendments to the Apex Project, Nevada Land Transfer and Authorization Act of 1989 Read Opens in new tab
Summary AI
The text amends the Apex Project, Nevada Land Transfer and Authorization Act of 1989. It updates definitions, authorizes land transfers to include the City of North Las Vegas and the Apex Industrial Park Owners Association, and allows the sale of mineral materials without the usual bidding processes, while ensuring environmental assessments are followed for any land transactions.