Page:United States Statutes at Large Volume 102 Part 1.djvu/92

 102 STAT. 54

Minerals and mining.

PUBLIC LAW 100-275—MAR. 31, 1988 (1) GENERAL AUTHORITY.—The Secretary is authorized and directed to lease to Aerojet the approximately fourteen thousand acres of public lands described as "for Lease to Aerojet" on the map entitled "Public Lands to be Exchanged and Leased to Aerojet-General Corporation, Clark and Lincoln Counties, Nevada," dated October 1987. Any such lease shall be subject to subsection (b) and to the terms and conditions specified in section 5. (2) WITHDRAWAL.—Subject to valid existing rights, the lands described in paragraph (1) are withdrawn from all forms of entry and appropriation under the public land laws (including the mining laws) and from the operation of the mineral leasing and geothermal leasing laws. The withdrawal of such lands shall remain in effect so long as such lands are leased under authority of this Act. (b) REQUIREMENTS RELATING TO LEASE.—

Fish and fishing. Plants. Wildlife.

(1) TERM.—Any lease issued pursuant to subsection (a) shall be for an initial term of ninety-nine years, during which time no rental shall be required to be paid to the United States. Lands leased pursuant to subsection (a) shall not be deemed to be entitlement lands for purposes of Public Law 94-565 (31 U.S.C. 1601 et seq.). (2) USE OF LEASED LANDS.—During the term of any lease issued pursuant to subsection (a), the lessee shall be entitled to use the lands which are subject to such lease only for purposes of constructing and using necessary roads, utility lines, storage facilities, and wells. The lessee also shall be entitled to use such lands for such other related purposes as the Secretary may from time to time permit, subject to the requirements of this Act and other applicable law and to reasonable requirements the Secretary, acting through the Director of the Fish and Wildlife Service, may establish for the protection of fish, wildlife, or plants. The lease shall provide that the lessee shall consult with the Secretary concerning the location of any roads, utility lines, facilities, and wells on the leased lands, and that with regard to any such location, the lessee, so far as possible, shall follow recommendations of the Secretary intended to minimize adverse impacts on the desert tortoise and other species of wildlife or plants. (3) FISH, WILDLIFE, AND PLANTS.—Any lease issued pursuant to subsection (a) shall require the lessee to take all reasonable steps the Secretary, acting through the Director of the Fish and Wildlife Service, may from time to time require to minimize adverse impacts on desert tortoises and any other species of fish, wildlife, and plants (including, but not limited to, endangered or threatened species) from the lessee's activities occurring on such lands. (4) ASSIGNABILITY.—A lease issued pursuant to this section may be assigned or transferred by Aerojet only with the consent of the Secretary, which shall not be unreasonably withheld. SEC. 5. CONDITIONS OF EXCHANGE. (a) VALUE.— (1) EQUALIZATION OF VALUE.—Any

exchange of lands pursuant to this Act shall be on the basis of equal value as determined by the Secretary, except that the Secretary may accept a payment of money in order to equalize values between lands transferred,

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