Page:United States Statutes at Large Volume 102 Part 1.djvu/95

 PUBLIC LAW 100-275—MAR. 31, 1988

102 STAT. 57

from any acts or omissions of Aerojet, its employees, agents, successors, or assigns, on or related to any land conveyed or leased pursuant to this Act. (0 OTHER REQUIREMENTS.—Any exchange pursuant to this Act (including any conveyance and any lease) shall be performed in accordance with and subject to the terms of this Act, the exchange agreement, and the lease agreement. (g) AGREEMENTS.—

(1) IN GENERAL.—The issuance of any interim conveyance, Patents and patent, or lease in furtherance of an exchange under this Act trademarks. shall be governed by and be in accordance with a written exchange agreement and lease agreement between the Secretary and Aerojet which shall incorporate the relevant terms and conditions of this Act. Such agreements shall incorporate all provisions of the draft exchange agreement and draft lease agreement, respectively, dated October 1, 1987, printed as Appendices to the Report of the Committee on Energy and Natural Resources to accompany S. 854 (S. Rept. 100-292), which are not inconsistent with this Act. (2) LIMITATIONS.—The Secretary shall not agree to the inclusion in the exchange agreement of any terms or conditions which, after completion of the exchange authorized and directed by this Act, would limit the ability of the Secretary to properly manage lands in Nevada or Florida for which the Secretary will have responsibility, or which, after completion of such exchange, would prevent the Secretary from properly discharging the responsibilities of the Secretary under any then-applicable provision of law. Nothing in the exchange agreement shall afford Aerojet or any other party a preferential position with regard to purchase or lease of any public lands other than those described in this Act. (3) RULE OF CONSTRUCTION; NOTIFICATION.—In the case of any inconsistency between the terms of the exchange agreement or the lease agreement or any amendments thereto and this Act, the provisions of this Act shall prevail. The Secretary shall not agree to any amendment to either the exchange agreement or the lease agreement without first consulting with the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives, and shall transmit copies of any such amendment to such committees at the time of agreeing to such amendment. SEC. 6. HABITAT PROTECTION. (a) GROUND WATER.— (1) MONITORING OP CONDITIONS AND HABITAT.—The

Secretary, acting through the Director of the Fish and Wildlife Service, shall monitor the conditions and habitat of endangered or threatened species whose habitat the Secretary believes could be affected by the withdrawal of ground water from the aquifer beneath lands conveyed or leased pursuant to this Act. (2) POTENTIAL ADVERSE EFFECTS.—If the Secretary has reasonable evidence to believe that the withdrawal of ground water from the aquifer beneath lands conveyed and leased pursuant to this Act is likely to adversely affect the habitat of any endangered or threatened species, the Secretary shall—

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