Page:United States Statutes at Large Volume 103 Part 1.djvu/197

 PUBLIC LAW 101-67—JULY 31, 1989 103 STAT. 169 cies 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. How- ever, the expeditious transfer of the Kerr-McGee Site to Clark County for res£de 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 served 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, enti- tled "Apex Nevada Land Transfer Proposal and Proposed Kerr- McGee Ammonium Perchlorate Facility", which identifies cer- tain 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 condi- tioned 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 activi- ties, 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 implementa- tion 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 (8) Lands within the Apex Site are close to Nellis Air Force Base and to public lands withdrawn for use by the Air Force as part of the Nellis Air Force Range complex.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 ord- nance) and, together with the Nellis Air Force Range, con- stitutes a unique facility that plays a vital role in maintaining the combat capability of the Air Forces 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.

�