Page:United States Statutes at Large Volume 102 Part 1.djvu/96

 102 STAT. 58

PUBLIC LAW 100-275—MAR. 31, 1988 (A) promptly notify Aerojet (or its successors or assigns in the event that Aerojet has transferred its interests in such lands), the Committee on Energy and Natural Resources of the Senate, the Committee on Interior and Insular Affairs of the House of Representatives, and the State Engineer of Nevada concerning such likely adverse effect of such withdrawal; and (B) request the State Engineer to take appropriate action, in accordance with applicable laws of the State of Nevada, to ascertain whether the withdrawal of ground water from such aquifer is in fact reducing the supply of water to the habitat of any endangered or threatened species, and, if so, to mitigate that reduction in accordance with applicable laws of the State of Nevada. (3) DEPLETION.—In the event that the State Engineer of Nevada determines that the withdrawal of ground water from beneath lands conveyed or leased pursuant to this Act or from beneath other lands underlain by the same aquifer is causing depletion of water to a surface water habitat of any endangered or threatened species, Aerojet (or its successors or assigns) and the Secretary shall jointly petition the State Engineer to reduce the total water allocation in the affected area, or to take any other actions authorized by State law, in order to eliminate such depletion of water to such habitat. (b) ALTERNATIVE SOURCES OF WATER.—The Secretary may

Water. Plants. Wildlife.

not

convey or lease lands under this Act until the Secretary has been assured by the State Engineer of Nevada that Aerojet has developed a feasible plan, consistent with applicable laws of the State of Nevada, for obtaining an alternative source of water (other than the withdrawal of ground water from the aquifer beneath lands conveyed and leased under this Act) to be used, in total or in part, in the event that Aerojet or a successor in interest is required to cease pumping ground water from beneath the conveyed or leased lands. (c) ACCESS FOR MONITORING.—The Secretary, acting through the Director of the Fish and Wildlife Service, shall have access at any time to any land conveyed or leased under this Act to monitor— (1) the pumping of ground water from such land, (2) the condition of endangered or threatened species located on such land, (3) the impact of any activity occurring on such land on wildlife and plants, including (but not limited to) endangered or threatened species. In exercising such right of access, the Secretary shall afford reasonable notice to Aerojet (or its successors or assigns). (d) POLLUTION CONTROLS.—Nothing in this Act shall be construed as limiting or impairing the power of any Federal or State agency to monitor and regulate the handling by Aerojet or its successors in interest of hazardous materials or wastes or air or water pollutants to assure compliance with applicable State and Federal laws. The Secretary, from time to time, shall consult and cooperate with the Administrator of the Environmental Protection Agency and appropriate officials of the State of Nevada to facilitate such monitoring and regulation.

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