HR 618 — Apex Area Technical Corrections Act

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 APEX PROJECT, NEVADA LAND TRANSFER AND
 AUTHORIZATION ACT OF 1989

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SEC. 2. FINDINGS AND DEFINITIONS.

 (a) Findings.--Congress finds the following--
 (1) The only two domestic producers of ammonium 
 perchlorate (``AP''), a principal component of solid 
 rocket fuel essential to the Nation's defense and space 
 programs, are Pacific Engineering and Production 
 Company, Incorporated(``Pepcon)'' and Kerr-McGee 
 Chemical.Corporation (``Kerr-McGee''), which 
 established production facilities near the city of 
 Henderson in Clark County, Nevada (``the county''). On 
 May 4,1988, an explosion destroyed the Pepcon plant, 
 thereby substantially reducing the Nation's capacity to 
 produce solid rocket fuel.
 (2) A commission subsequently appointed by the 
 Governor of Nevada to examine the adequacy of existing 
 policies and regulations pertaining to the manufacture 
 and storage of certain industrial materials has 
 recommended new policies which imply the desirability 
 of relocating both some of Kerr-McGee's AP production 
 and storage facilities and also other industries to a 
 less densely populated part of Clark County, but within 
 reasonable distance of the present work force.
 (3) The Department of Defense and the National 
 Aeronautics and Space Administration have identified an 
 urgent need to replace the domestic ammonium 
 perchlorate production capacity lost in the Pepcon 
 accident and to firm up existing production 
 capabilities in order to meet current shortages and 
 long-term requirements.
 (4) The county has identified as the preferred site 
 for the relocation of Kerr-McGee's AP facilities 
 approximately thirty-seven hundred acres of land 
 (``Kerr-McGee Site''), which is part of approximately 
 twenty-one thousand acres of Federal lands, identified 
 by the county as the ``Apex Site'', managed by the 
 Bureau of Land Management (``BLM''). The county has 
 advised the BLM it would like to purchase some or all 
 of the lands comprising the Apex Site for development 
 as a heavy-industry use zone, to locate potentially 
 hazardous facilities. Orderly and appropriate 
 development of such an industrial zone, in a manner 
 consistent with public safety, protection of 
 environmental and other values, and relevant State and 
 Federal policies and programs (including the national 
 defense) would be preferable to development of the 
 lands comprising the Apex Site in an unplanned manner.
 (5)) The Federal lands comprising the Apex Site are 
 presently classified for retention and multiple use by 
 the applicable BLM land use plan. At the time the 
 current land use plan was developed, disposal of large 
 parcels of land immediately outside the Las Vegas 
 Valley was not identified as a possibility. However, 
 the expeditious transfer of the Kerr-McGee Site to 
 Clark County for resale to Kerr-McGee, and transfer of 
 necessary associated rights-of-way to the county, will 
 serve an important national need which cannot be served 
 as well on non-Federal land in Clark County and which 
 outweighs other existing and potential public uses of 
 the lands which would be sewed by maintaining them in 
 Federal ownership.
 (6) Kerr-McGee has prepared an environmental 
 assessment on the proposed transfer of the Kerr-McGee 
 Site and supporting utility and transportation rights-
 of-way, dated April 1989, entitled ``Apex Nevada Land 
 Transfer Proposal and Proposed Kerr-McGee Ammonium 
 Perchlorate Facility'', which identifies certain 
 environmental impacts likely to result from the 
 transfer of the site and supporting rights-of-way to 
 the county which would be mitigated with various 
 control measures. Any transfer by the United States of 
 lands within the Apex Site should be conditioned upon 
 provision of all measures appropriate to prevent or 
 mitigate adverse environmental impacts.
 (7)) Lands within the Apex Site provide habitat for 
 the desert tortoise. The BLM, recognizing that the 
 desert tortoise habitat found in Nevada, and elsewhere, 
 is being significantly affected, especially within the 
 Mojave Desert, by the rapid development associated with 
 industrial growth and by other human activities, has 
 prepared a rangewide plan for desert tortoise habitat 
 management on the public lands. The goal of this plan 
 is to ensure that viable desert tortoise populations 
 will continue to exist through cooperative resource 
 management aimed at protecting the species and its 
 habitat. The BLM's implementation of this plan should 
 be accelerated.
 (8) Lands within the Apex Site are close to Nellis 
 Air Force Base and to public lands withdrawn for use by 
 the Air Force as part of the Nellis Air Force Range 
 complex. Nellis Air Force Base is the most active 
 military airfield in the United States(with many of the 
 aircraft using the base carrying live ordnance) and, 
 together with the Nellis Air Force Range, constitutes a 
 unique facility that plays a vital role in maintaining 
 the combat capability of the Air Force's tactical 
 units. Maintaining the capability of Nellis Air Force 
 Base to fulfill its mission must be a central part of 
 any decisions concerning future use or disposition of 
 the lands within the Apex Site.
 (b) Definitions.--As used in this Act, the following terms 
shall have the following meanings--
 (1) The term ``Secretary'' means the Secretary of the 
 Interior.
 (2) The term ``lands'' means lands and interests 
 therein.
 (3) The term ``county'' or ``Clark County'' means 
 Clark County, Nevada.
 (4) The term ``Kerr-McGee'' means the Kerr-McGee 
 Chemical Corporation.
 (5) The term ``BLM's Desert Tortoise Plan'' means the 
 plan entitled ``Desert Tortoise Habitat Management on 
 the Public Lands: A Rangewide Plan'', approved November 
 14, 1988.
 (6) The term ``Apex Industrial Park Owners 
 Association'' has the meaning given such term by the 
 charter document for the entity entitled ``Apex 
 Industrial Park Owners Association'', formed on April 
 9, 2001, and any successor documents to such charter 
 document, on file with the Nevada Secretary of State.
 (7) The term ``City of North Las Vegas'' means North 
 Las Vegas, Nevada.
 [(6)] (8) All other terms shall have the same meaning 
 as such terms have when used in the Federal Land Policy 
 and Management Act of 1976.

SEC. 3. KERR-MCGEE SITE TRANSFER.

 (a) Directed Sale.--Subject to all valid existing rights, the 
Secretary is directed to convey the public lands comprising 
approximately thirty-seven hundred acres designated as ``Area 
1'' and``Area 2'' within the ``Kerr-McGee Site'' on the map 
entitled ``Apex Heavy-Industry Use Zone'' dated May 1989, to 
Clark County, Nevada, solely for sale to Kerr-McGee, in return 
for payment of the lands' appraised fair market value, as 
determined by the Secretary in accordance with established 
appraisal practices. However, the lands within Area 1 shall not 
be conveyed unless and until the Secretary has received a 
written commitment from Clark County and Kerr-McGee that 
whichever is offered the opportunity to purchase the lands 
within Area 2 will do so at such lands' appraised fair market 
value when the lands are offered pursuant to subsection (c)of 
this section.
 (b) Rights-of-Way.--Subject to all valid existing rights, the 
Secretary is directed to grant utility and transportation 
rights-of-way to [Clark County for the connection] Clark 
County, the City of North Las Vegas, and the Apex Industrial 
Park Owners Association, individually or jointly as 
appropriate, for the connection of existing electric power, 
water, natural gas, telephone, railroad and highway facilities 
to the [Kerr-McGee Site] Kerr-McGee Site and other lands 
conveyed in accordance with this Act, all as generally depicted 
on the map entitled ``Rights-of-Way and Proposed Access and 
Utility Locations'' dated May 1989 (or any successor maps 
created by the Secretary).Each right-of-way shall not exceed 
two hundred feet in width and shall not preclude the Secretary 
from permitting other uses of the affected lands compatible 
with the uses for which such rights-of-way are granted. Clark 
County may permit other parties to use the lands covered by 
such rights-of-way for some or all of the purposes specified in 
this subsection.
 (c) Timing, Etc.--(1) Subject to subsections (a) and (b) of 
this section, the Secretary shall offer to sell to Clark County 
the lands within the Kerr-McGee Site depicted as Area 1 and 
shall offer to grant the rights-of-way described in subsection 
(b) of this section to Clark County within thirty days of the 
date of enactment of this Act, but the Secretary's duty to 
transfer such lands and rights-of-way shall not lapse if they 
are not offered to the county within the prescribed time. Such 
sale shall be for fair market value, as determined by the 
Secretary in accordance with established procedures of the BLM. 
If Clark County fails to purchase such lands within sixty days 
of receiving the Secretary's offer, the lands and rights-of-way 
shall be offered to Ken-McGee for sale and grant on the same 
basis, and subject to Kerr-McGee's entering into an agreement 
with the Secretary similar to the agreement described in 
section 6(a). If within sixty days after such offer, Kerr-McGee 
fails to purchase such lands, the lands shall become subject to 
the authorization provided for in section 4 of this Act, and 
the total acreage authorized for disposition under this section 
shall be increased accordingly.
 (2) If the lands within Area 1 are purchased pursuant to 
paragraph (1) of this subsection, upon completion of a survey 
of the boundaries of Area 2, the Secretary shall offer to sell 
to the purchaser of Area l the lands within Area 2 at their 
appraised fair market value, as determined by the Secretary in 
accordance with established procedures of the BLM.
 (3) Each right-of-way granted pursuant to this section shall 
be subject to rental payments and other conditions provided for 
inapplicable law, including the Federal Land Policy and 
Management Act of 1976 and this Act. The amounts received by 
the United States from sales of lands covered by this section 
shall be distributed pursuant to laws generally applicable to 
sales of public lands.

SEC. 4. AUTHORIZATION FOR ADDITIONAL TRANSFERS.

 (a) Sale Authorized.--Notwithstanding any BLM land use plan 
calling for retention of the Apex Site and notwithstanding the 
reporting requirements and competitive bidding requirements of 
section 203 of the Federal Land Policy and Management Act of 
1976,the Secretary is authorized, subject to any other 
requirements of law, including the conditions of this section, 
to sell to Clark County some or all of the lands within the 
Apex Site, depicted on the map referred to in section 3(a), 
that lie outside the boundaries of the Kerr-McGee Site (as 
depicted on such map) for fair market value as determined by 
the Secretary in accordance with established appraisal 
procedures.
 (b) Requirements and Conditions.--If, no later than one year 
after the date of enactment of this Act, the county 
demonstrates to the satisfaction of the Secretary that the 
county has designated the lands comprising the Apex Site as a 
heavy-use industrial zone, pursuant to applicable laws of the 
State of Nevada, and has adopted a plan for the development of 
some or all of such lands accordingly, the Secretary shall 
offer to enter into a land sales agreement with Clark County 
for the transfer of some or all of such lands to the county by 
one or more direct sales pursuant to this section over a period 
not to exceed ten ears. Such agreement shall provide for 
purchasers of parcels of tie lands within the Apex Site, with 
any specific parcels to be sold to be determined by the 
Secretary, in response to proposals by the county and after 
consultation with the Secretary of the Air Force concerning any 
potential impact of any such sale on activities associated with 
Nellis Air Force Base. The purchase price for each parcel shall 
be its appraised fair market value at the time of the sale, but 
any agreement between the county and the Secretary under this 
section shall provide that if the county sells any such parcel 
or portion thereof, the county shall pay to the United States 
an amount equal to 50 per centum of the amount by which the 
amount received by the county exceeds 110 per centum of the sum 
equal to the total amounts expended by the county for 
acquisition of such parcel or portion thereof, for improvements 
to such parcel or portion thereof, and for preparation of such 
parcel or portion thereof for sale.
 (c) Rights-of-Way.--[Pursuant to applicable law, the 
Secretarymay grant Clark County] During such time as the 
requirements of section 6 are met, and pursuant to applicable 
law, the Secretary shall grant Clark County, the City of North 
Las Vegas, and the Apex Industrial Owners Association such 
right-of-way on public lands as may be necessary to support the 
development as a heavy-use industrial zone of some or all of 
the lands identified in subsection (a).
 (d) Procedures.--Except as specified in subsection (a) 
nothing in this section shall relieve the Secretary from 
compliance with all laws applicable either to the transfer of 
some or all of the lands identified in subsection (a) or to the 
granting of any rights-of-way, including, but not limited to, 
the National Environmental Policy Act of 1969. Unless otherwise 
specified in this Act, sales of lands pursuant to this section 
shall be made and patents or other documents of conveyance 
shall be issued as if such sales were made pursuant to the 
Federal Land Policy and Management Act of 1976.
 (e) Withdrawal, Etc.--(1)) Subject to all valid existing 
rights, the lands within the Apex Site (depicted on the map 
referred to in section 3(a)) are hereby withdrawn from all 
forms of entry and appropriation under the public land laws, 
including the mining law, and from operation of the mineral 
leasing and geothermal leasing laws, but shall remain available 
for disposition under the Recreation and Public Purposes Act 
(43 U.S.C. 869 et seq.) and for sale under this Act or other 
applicable law. This withdrawal shall continue in effect until 
a parcel of land affected by such withdrawal is sold, if such 
sale includes the right, title and interest of the United 
States in the minerals in such parcel. If the county or another 
party to whom such parcel is offered, elects not to seek to 
purchase the minerals in any such parcel, such parcel shall 
remain withdrawn from entry, location, or patent under the 
mining laws but after receipt by the Secretary of notification 
that the county or other offeree does not seek to purchase such 
minerals, such parcel shall beopen to operation of the mineral 
leasing and geothermal leasing laws. [The withdrawal made by 
this subsection shall continue fortwelve years after the date 
of enactment of this Act or untilotherwise provided by an Act 
of Congress enacted after the date ofenactment of this Act.] 
The withdrawal made by this subsection shall continue in 
perpetuity for all lands transferred in accordance with this 
subsection.
 (2) Before offering any parcel for sale pursuant to an 
agreement with the county under this section, the Secretary (in 
addition to other requirements of law) shall consider whether 
development of such parcel as part of a heavy-use industrial 
zone, including an appropriation mitigation measures, would be 
inconsistent with BLM's Desert Tortoise Plan.
 (3) 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 and interest in the minerals--
 (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 the enactment of the Apex Area Technical 
 Corrections Act); and
 (B) such sale shall be exempt from the quantity and 
 term limitations imposed on noncompetitive sales under 
 subpart 3602 of such title (as in effect on the date of 
 the enactment of the Apex Area Technical Corrections 
 Act.
 (f) Cogeneration Project.---Notwithstanding any withdrawal of 
the Apex Site (depicted on the map referred to in section 
3(a)), and subject to the provisions of applicable law, the 
Secretary may grant to holders of valid existing mill-site 
claims on such lands such rights-of-way as may be necessary for 
the construction, operation, and maintenance of facilities 
required in the cogeneration of electricity at the site of 
existing mill-site operations on such claims, unless and until 
the land subject to such claims is transferred out of Federal 
ownership. No such grant shall be made unless and until all 
environmental studies required in connection with such 
construction, operation, and maintenance have been completed 
and any necessary mitigation measures have been agreed to.

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SEC. 6. ENVIRONMENTAL CONSIDERATIONS.

 (a) Kerr-McGee Site.--The Secretary shall not make the 
conveyance directed by section 3 until Kerr-McGee and Clark 
County have entered into a written agreement with the Secretary 
whereby Kerr-McGee and the county commit to undertake the 
measures specified in the document identified in section 
2(a)(6) in order to mitigate adverse effect- on wildlife and 
other resources and values resulting from the use of such lands 
for industrial purposes. At the request of the Secretary, the 
Attorney General of the United States may bring an appropriate 
legal action to enforce such agreement.
 (b) BLM Reports,--(1) No later than one year after the date 
of enactment of this Act, the Secretary shall submit to the 
Committee on Interior and Insular Affairs of the United States 
House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate a report as to 
the funds and personnel required to fully implement BLM's 
Desert Tortoise Plan.
 (2) As soon as possible after the date of enactment of this 
Act, the Secretary, acting through the Director of the Bureau 
of Land Management, shall arrange for a class-three soil survey 
of public lands in Clark County, to assist in the 
implementation in such county of BLM's Desert Tortoise Plan and 
other aspects of the management of the public lands in such 
county.
 (3)) As soon as possible after the date of enactment of this 
Act, the Secretary shall invite public proposals for the 
designation, pursuant to the Federal Land Policy and Management 
Act of 1976, of areas of critical environmental concern whose 
designation would further the implementation of BLM's Desert 
Tortoise Plan or otherwise assist in the protection of 
resources and values of public lands in Nevada. The Secretary 
shall provide a reasonable period for receipt of such 
proposals, shall evaluate all proposals received, and shall 
take such action thereon as the Secretary considers 
appropriate.
 (4) As soon as possible after the date of enactment of this 
Act, the Secretary shall consider the desirability of 
restricting or eliminating uses of public lands in the Paiute 
Valley which may conflict with implementation of BLM's Desert 
Tortoise Plan with respect to those lands. No later than one 
year after the date of enactment of this Act, the Secretary 
shall submit to the Committee on Interior and Insular Affairs 
of the United States House of Representatives and the Committee 
on Energy and Natural Resources of the United States Senate a 
report concerning the results of the Secretary' sanctions 
pursuant to this paragraph.
 (c) Other Reports.--(1) At the time that the President 
submits a budget request for fiscal year 1991, and annually 
thereafter for fifteen years, the Secretary shall submit to the 
Congress a statement of the total amounts received by the 
United States as the result of sales of public lands described 
in this Act, and an account of the distribution of such 
receipts
 (2) No later than ninety days after the date of enactment of 
this Act, the Secretary shall evaluate the desirability of 
acquisition of the lands specified in appendix A to the report 
of the Committee on Interior and Insular Affairs of the United 
States House of Rep representatives to accompany H.R. 1485 of 
the One Hundred First Congress (House Report 101-79). Such 
evaluation shall be based solely on the resources and values of 
such lands and the extent to which national policies and 
programs for management of such resources and values would be 
furthered by such acquisition. Promptly after the completion of 
such evaluation, the Secretary shall report the results thereof 
to the Committee on Interior and Insular Affairs of the United 
States House of Representatives, the Committee on Energy and 
Natural Resources of the United States Senate, and the 
Representatives and Senators from the State of Nevada.
 (d) Compliance With Environmental Assessments.--Each transfer 
by the United States of additional lands or interests in lands 
within the Apex Site or rights-of-way issued pursuant to this 
Act shall be conditioned upon compliance with applicable 
Federal land laws, including the National Environmental Policy 
Act of 1969 and the Federal Land Policy and Management Act of 
1976.