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H.R. 1485 (101st): Apex Project, Nevada Land Transfer and Authorization Act of 1989

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


7/14/1989--Passed Senate amended. Apex Project, Nevada Land Transfer and Authorization Act of 1989 - Directs the Secretary of the Interior to convey to Clark County, Nevada, certain Federal lands located in such County, solely for sale to Kerr-McGee, a U.S. chemical corporation, at the land's appraised fair market value. Directs the Secretary to grant specified utility and transportation rights-of-way to the County. Requires each right-of-way granted to be subject to rental payments under applicable Federal law. Authorizes the Secretary to sell additional land outside the boundaries of the Kerr-McGee Site and to grant such rights-of-way within the Apex Site (an area of Federal land within Clark County of which the Kerr-McGee Site is a parcel) to Clark County over a ten-year period. Authorizes the Secretary to grant to Clark County all necessary rights-of-way to support the development of a heavy-use industrial zone on some or all of the lands conveyed. Withdraws all the lands authorized for transfer under this Act from all forms of entry and appropriation under the public land laws for 12 years after the enactment of this Act or until otherwise provided by an Act of Congress. Authorizes the Secretary to grant rights-of-way to current holders of valid mill-site claims for the construction, operation, and maintenance of facilities required for the cogeneration of electricity. Reserves to the United States certain right-of-way corridors in the transferred land. Requires the Secretary to administer such corridors. Prohibits the Secretary from making such transfer until Kerr-McGee and Clark County have entered into an agreement to undertake all appropriate measures to prevent or mitigate any adverse environmental impacts on lands so transferred resulting from their use for heavy industrial purposes. Requires the Secretary to: (1) report to certain congressional committees as to the funds and personnel required to fully implement the Bureau of Land Management (BLM) Desert Tortoise Plan (a plan to protect the desert tortoise species from extinction or species reduction due to the heavy industrial use of lands which are currently a part of such tortoise's natural habitat); (2) arrange for a survey of public lands in Clark County to assist in the implementation of the Plan; (3) invite public proposals for the designation of areas of critical environmental concern in the implementation of the Plan; (4) consider the desirability of restricting or eliminating uses of public lands in the Paiute Valley which may conflict with the implementation of the Plan; (5) submit to the Congress annually a statement of the amounts received from the sale of such conveyed lands; and (6) evaluate the desirability of acquiring other lands for the purpose of furthering environmental management policies and values. Requires the Secretary to file maps and legal descriptions of all lands transferred under this Act.