Apex Project, Nevada Land Transfer and Authorization Act of 1989
PL 101-67 (H.R.1485), enacted 07/31/1989

103 STAT. 168 
PUBLIC LAW 101-67—JULY 31, 1989 
Public Law 101-67 
101st Congress 
An Act 
Julv 31 19KQ 
"^^ direct the sale of certain lands in Clark County, Nevada, to meet national defense 
— - 
and other needs; to authorize the sale of certain other lands in Clark County, 
[H.K. 1485] 
Nevada; and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Apex Project, 
United States of America in Congress assembled, 
Nevada Land 
, 
Transfer and 
SECTION 1. SHORT TITLE. 
Act of'l989.°'^ 
This Act may be cited as the "Apex Project, Nevada Land 
Transfer and Authorization Act of 1989'. 
SEC. 2. FINDINGS AND DEFINITIONS. 
(a) FINDINGS.—Congress finds the following— 
(1) The only two domestic producers of ammonium per-
chlorate ("AP'), a principal component of solid rocket fuel 
essential to the Nation's defense and space programs, are Pa-
cific Engineering and Production Company, 
Incorporated 
("Pepcon') and Kerr-McGee Chemical Corporation 
("Kerr-
McGee"), which established production facilities near the city of 
Henderson in Clark County, Nevada ("the county"). On May 4, 
1988, an explosion destroyed the Pepcon plant, thereby substan-
tially reducing the Nation's capacity to produce solid rocket 
fuel. 
(2) A commission subsequently appointed by the Governor of 
Nevada to examine the adequacy of existing policies and regula-
tions pertaining to the manufacture and storage of certain 
industrial materials has recommended new policies which imply 
the desirability of relocating both some of Kerr-McGee's AP 
production and storage facilities and also other industries to a 
less densely populated part of Clark County, but within reason-
able distance of the present work force. 
(3) The Department of Defense and the National Aeronautics 
and Space Administration have identified an urgent need to 
replace the domestic ammonium perchlorate production capac-
ity lost in the Pepcon accident £md to firm up existing pro-
duction capabilities in order to meet current shortages and long-
term requirements. 
(4) The county has identified as the preferred site for the 
relocation of Kerr-McGee's AP facilities approximately thirty-
seven hundred acres of land ("Kerr-McGee Site"), which is part 
of approximately twenty-one thousand acres of Federal lands, 
identified by the county as the "Apex Site", managed by the 
Bureau of Land Management ("BLM"). The county has advised 
the BLM it would like to purchase some or all of the lands 
comprising the Apex Site for development as a heavy-industry 
use zone, to locate potentially hazardous facilities. Orderly and 
appropriate development of such an industrial zone, in a 
manner consistent with public safety, protection of environ-
mental and other values, and relevant State and Federal poli-
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 Force's 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. 
103 STAT. 170 
PUBLIC LAW 101-67—JULY 31, 1989 
(5) The term "BLM's Desert Tortoise Plan" means the plan 
entitled "Desert Tortoise Habitat Management on the Public 
Lands: A Rangewide Plan", approved November 14,1988. 
(6) All other terms shall have the same meaning £is such 
terms have when used in the Federal Land Policy and Manage-
ment Act of 1976. 
SEC. 3. KERR.McGEE SITE TRANSFER. 
(a) DIRECTED SALE.—Subject to all valid existing rights, the Sec-
retary is directed to convey the public lands comprising approxi-
mately thirty-seven hundred acres designated as "Area 1" and 
"Area 2" within the "Kerr-McGee Site" on the map entitled "Apex 
Heavy-Industry Use Zone" dated May 1989, to Clark County, 
Nevada, solely for sale to Kerr-McGee, in return for payment of the 
lands' appraised fair market value, as determined by the Secretary 
in accordance with established appraisal practices. However, the 
lands within Area 1 shall not be conveyed unless and until the 
Secretary has received a written commitment from Clark County 
and Kerr-McGee that whichever is offered the opportunity to pur-
chase the lands within Area 2 will do so at such lands' appraised fair 
market value when the lands are offered pursuant to subsection (c) 
of this section. 
Utilities. 
(b) RIGHTS-OF-WAY.—Subject to all valid existing rights, the Sec-
Transportation, 
retary is directed to grant utility and transportation rights-of-way to 
Clark County for the connection of existing electric power, water, 
natural gas, telephone, railroad and highway facilities to the Kerr-
McGee Site, all as generally depicted on the map entitled "Rights-of-
Way and Proposed Access and Utility Locations" dated May 1989. 
Each right-of-way shall not exceed two hundred feet in width and 
shall not preclude the Secretary from permitting other uses of the 
affected lands compatible with the uses for which such rights-of-way 
are granted. Clark County may permit other parties to use the lands 
covered by such rights-of-way for some or all of the purposes speci-
fied in this subsection. 
(c) TIMING, ETC.—(1) Subject to subsections (a) and (h) of this 
section, the Secretary shall offer to sell to Clark County the lands 
within the Kerr-McGee Site depicted as Area 1 and shall offer to 
grant the rights-of-way described in subsection (b) of this section to 
Clark County within thirty days of the date of enactment of this Act, 
but the Secretary's duty to transfer such landa and rights-of-way 
shall not lapse if they are not offered to the county within the 
prescribed time. Such sale shall be for fair market value, as deter-
mined by the Secretary in accordance with established procedures of 
the BLM. If Clark County fails to purchase such lands within sixty 
da3rs of receiving the Secretary's offer, the lands and rights-of-way 
shall be offered to Kerr-McGee for sale and grant on the same basis, 
and subject to Kerr-McGee's entering into an agreement with the 
Secretary similar to the agreement described in section 6(a). If 
within sixty days after such offer, Kerr-McGee fails to purchase 
such lands, the lands shall become subject to the authorization 
provided for in section 4 of this Act, and the total acreage authorized 
for disposition under this section shall be increased accordingly. 
(2) If the lands within Area 1 are purchased pursuant to para-
graph (1) of this subsection, upon completion of a survey of the 
boundaries of Area 2, the Secretary shall offer to sell to the pur-
chaser of Area 1 the lands within Area 2 at their appraised fair 
PUBLIC LAW 101-67—JULY 31, 1989 
103 STAT. 171 
market value, as determined by the Secretary in accordance with 
established procedures of the BLM. 
(3) Each right-of-way granted pursuant to this section shall be 
subject to rental payments and other conditions provided for in 
applicable law, including the Federal Land Policy and Management 
Act of 1976 and this Act. The amounts received by the United States 
from sales of lands covered by this section shall be distributed 
pursuant to laws generally applicable to sales of public lands. 
SEC. 4. AUTHORIZATION FOR ADDITIONAL TRANSFERS. 
(a) SALE AUTHORIZED.—Notwithstanding any BLM land use plan 
calling for retention of the Apex Site and notwithstanding the 
reporting requirements and competitive bidding requirements of 
section 203 of the Federal Land Policy and Management Act of 1976, 
the Secretary is authorized, subject to any other requirements of 
law, including the conditions of this section, to sell to Clark County 
some or all of the lands within the Apex Site, depicted on the map 
referred to in section 3(a), that lie outside the boundaries of the 
Kerr-McGee Site (as depicted on such map) for fair market value as 
determined by the Secretary in accordance with established 
appraisal procedures. 
(b) REQUIREMENTS AND CoNDmoNS.—If, no later than one year Contracts. 
after the date of enactment of this Act, the county demonstrates to 
the satisfaction of the Secretary that the county has designated the 
lands comprising the Apex Site as a heavy-use industrial zone, 
pursuant to applicable laws of the State of Nevada, and has adopted 
a plan for the development of some or all of such lands accordingly, 
the Secretary shall offer to enter into a land sales agreement with 
Clark County for the transfer of some or all of such lands to the 
countv by one or more direct sales pursuant to this section over a 
period not to exceed ten years. Such agreement shall provide for 
purchasers of parcels of the lands within the Apex Site, with any 
specific parcels to be sold to be determined by the Secretary, in 
response to proposals by the county and after consultation with the 
Secretary of the Air Force concerning any potential impact of any 
such sale on activities associated with Nellis Air Force Base. The 
purchase price for each parcel shall be its appraised fair market 
value at the time of the sale, but any agreement between the county 
and the Secretciry under this section shall provide that if the county 
sells any such parcel or portion thereof, the county shall pay to the 
United States an amount equal to 50 per centum of the amount by 
which the amount received by the county exceeds 110 per centum of 
the sum equal to the total amounts expended by the county for 
acquisition of such parcel or portion thereof, for improvements to 
such parcel or portion thereof, and for preparation of such parcel or 
portion thereof for sale. 
(c) RIGHTS-OF-WAY.—Pursuant to applicable law, the Secretary 
may g^ant Clark County such rights-of-way on public lands as may 
be necessary to support the development as a heavy-use industrial 
zone of some or all of the lands identified in subsection (a). 
(d) PROCEDURES.—Except as specified in subsection (a) nothing in 
this section shall relieve the Secretary from compliance with all 
laws applicable either to the transfer of some or all of the lands 
identified in subsection (a) or to the granting of any rights-of-way, 
including, but not limited to, the National Environmental Policy 
Act of 1969. Unless otherwise specified in this Act, sales of lands Patents and 
pursuant to this section shall be made and patents or other docu- trademarks. 
103 STAT. 172 
PUBLIC LAW 101-67—JULY 31, 1989 
Minerals and 
mining. 
Energy. 
Claims. 
ments of conveyance shall be issued as if such sales were made 
pursuant to the Federal Land Policy and Management Act of 1976. 
(e) WITHDRAWAL, ETC.—(1) Subject to all valid existing rights, the 
lands within the Apex Site (depicted on the map referred to in 
section 3(a)) are hereby withdrawn from all forms of entry and 
appropriation under the public land laws, including the mining law, 
and from operation of the mineral leasing and geothermal leasing 
laws, but shall remsdn available for disposition under the Recreation 
and Public Purposes Act (43 U.S.C. 869 et seq.) and for sale under 
this Act or other applicable law. This withdrawal shall continue in 
effect until a parcel of land affected by such withdrawal is sold, if 
such sale includes the right, title and interest of the United States 
in the minerals in such parcel. If the county or another party to 
whom such parcel is offered, elects not to seek to purchase the 
minerals in any such parcel, such parcel shall remain withdrawn 
from entry, location, or patent under the mining laws but after 
receipt by the Secretary of notification that the county or other 
offeree does not seek to purchase such minerals, such parcel shall be 
open to operation of the mineral leasing and geothermal leasing 
laws. The withdrawal made by this subsection shall continue for 
twelve years after the date of enactment of this Act or until 
otherwise provided by an Act of (Dongress enacted after the date of 
enactment of this Act. 
(2) Before offering any parcel for sale pursuant to an agreement 
with the county under this section, the Secretary (in addition to 
other requirements of law) shall consider whether development of 
such parcel as part of a heavy-use industrial zone, including any 
appropriation mitigation measures, would be inconsistent with 
BLM's Desert Tortoise Plan. 
(f) (DoGENERATiON PROJECT.—Notwithstanding any withdrawal of 
the Apex Site (depicted on the map referred to in section 3(a)), and 
subject to the provisions of applicable law, the Secretary may grant 
to holders of valid existing mill-site clauns on such lands such 
rights-of-way as may be necessary for the construction, operation, 
and maintenance of facilities required in the cogeneration of elec-
tricity at the site of existing mill-site operations on such claims, 
unless and until the land subject to such claims is transferred out of 
Federal ownership. No such grant shall be made unless and until all 
environmental studies required in connection with such construc-
tion, operation, and maintenance have been completed and any 
necessary mitigation measures have been agreed to. 
SEC. 5. RESERVATION OF RIGHT-OF-WAY CORRIDORS. 
The transfer of lands pursuant to section 4 of this Act shall be 
subject to the reservation to the United States of the right-of-way 
corridors depicted on a map entitled "Right-of-Way CJorridors Across 
the Apex Heavy Industrial Zone" dated May 1989. These corridors 
shall be administered by the Secretary, who may grant rights-of-way 
over, upon, under and through the corridors consistent with 
applicable law. In the administration of such corridors, the Sec-
retary sh€dl, so far as feasible, locate rights-of-way so as to have the 
least possible impact on any industrial uses. Nothing in this Act 
shall be construed as restricting the authority of the Secretary, 
under the Federal Land Policy and Management Act of 1976 or 
other applicable law, to reserve or grant any other rights-of-way 
with respect to such lands, in addition to the rights-of-way described 
on such map. 
PUBLIC LAW 101-67—JULY 31, 1989 
103 STAT. 173 
SEC. 6. ENVIRONMENTAL CONSIDERATIONS. 
(a) KERR-MCGEE SITE.—The Secretary shall not make the convey- Wildlife. 
ance directed by section 3 until Kerr-McGee and Clark County have 
entered into a written agreement with the Secretary whereby Kerr-
McGee and the county commit to undertake the measures specified 
in the document identified in section 2(aX6) in order to mitigate 
adverse effects on wildlife and other resources and values resulting 
from the use of such lands for industrial purposes. At the request of 
the Secretary, the Attorney General of the United States may bring 
an appropriate legal action to enforce such agreement. 
(b) BLM REPORTS.—(1) No later than one year after the date of 
enactment of this Act, the Secretary shall submit to the Committee 
on Interior and Insular Affairs of the United States House of 
Representatives and the Committee on Energy and Natural Re-
sources of the United States Senate a report as to the funds and 
personnel required to fully implement BLM's Desert Tortoise Plan. 
(2) As soon as possible after the date of enactment of this Act, the 
Secretary, acting through the Director of the Bureau of Land 
Management, shall arrange for a class-three soil survey of public 
lands in Clark County, to assist in the implementation in such 
county of BLM's Desert Tortoise Plan and other aspects of the 
management of the public lands in such county. 
(3) As soon as possible after the date of enactment of this Act, the 
Secretary shall invite public proposals for the designation, pursuant 
to the Federal Land Policy and Management Act of 1976, of areas of 
critical environmental concern whose desig^nation would further the 
^ 
implementation of BLM's Desert Tortoise Plan or otherwise assist in 
the protection of resources and values of public lands in Nevada. 
The Secretary shall provide a reasonable period for receipt of such 
proposals, shall evaluate all proposals received, and shall take such 
action thereon as the Secretary considers appropriate. 
(4) As soon as possible after the date of enactment of this Act, the 
Secretary shall consider the desirability of restricting or eliminating 
uses of public lands in the Paiute Valley which may conflict with 
implementation of BLM's Desert Tortoise Plan with respect to those 
lands. No later than one year after the date of enactment of this 
Act, the Secretary shall submit to the Committee on Interior and 
Insular Affairs of the United States House of Representatives and 
the Committee on Energy and Natural Resources of the United 
States Senate a report concerning the results of the Secretary's 
v 
actions pursuant to this paragraph. 
(c) OTHER REPORTS.—(1) At the time that the President submits a 
budget request for fiscal year 1991, and annually thereafter for 
fifteen years, the Secretary shall submit to the Congress a statement 
of the total amounts received by the United States as the result of 
sales of public lands described in this Act, and an account of the 
distribution of such receipts. 
(2) No later than ninety days after the date of enactment of this 
Act, the Secretary shall evaluate the desirability of acquisition of 
the Ifuids specified in appendix A to the report of the Committee on 
Interior and Insular Affairs of the United States House of Rep-
resentatives to accompany H.R. 1485 of the One Hundred First 
Congress (House Report 101-79). Such evaluation shall be based 
solely on the resources and values of such lands and the extent to 
which national policies and programs for management of such 
resources and values would be furthered by such acquisition. 
103 STAT. 174 
PUBLIC LAW 101-67—JULY 31, 1989 
Promptly after the completion of such evaluation, the Secretary 
_ 
^ 
shall report the results thereof to the Committee on Interior and 
Insular Affairs of the United States House of Representatives, the 
Committee on Energy and Natural Resources of the United States 
Senate, and the Representatives and Senators from the State of 
Nevada. 
SEC. 7. MAPS AND LEGAL DESCRIPTIONS. 
As soon as practicable after the date of enactment of this Act, the 
Secretary sludl file maps and legal descriptions of the lands identi-
fied in sections 3, 4, and 5 with the Committee on Interior and 
Insular Affairs of the United States House of Representatives and 
the Committee on Energy and Natural Resources of the United 
States Senate. Such legal descriptions shall have the same force and 
effect as if included in this Act, except that the Secretary may 
correct clerical and t3rpographical errors in such legal descriptions. 
Public 
The maps and legal descriptions shall be on file and available to 
information. 
public inspection in the offices of the Director of the BLM. 
Approved July 31, 1989. 
LEGISLATIVE HISTORY—H.R. 1485: 
HOUSE REPORTS: No. 101-79, Pt. 1 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 101-65 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 135 (1989): 
June 20, considered and passed House. 
July 14, considered and passed Senate, amended. 
* " 
July 19, House concurred in Senate amendments. '