Nevada-Florida Land Exchange Authorization Act of 1988
PL 100-275 (S.854), enacted 03/31/1988

102 STAT. 52 
PUBLIC LAW 100-275—MAR. 31, 1988 
Public Law 100-275 
100th Congress 
An Act 
Mar. 31, 1988 
[S. 854] 
Entitled the "Nevada-Florida Land Exchange Authorization Act of 1988". 
Be it enacted by the Senate and House of Representatives of the 
Nevada-Florida 
United States of America in Congress assembled. 
Land Exchange 
Authorization 
SECTION I. SHORT TITLE. 
Public lands. 
'^^^^ Act may be cited as the "Nevada-Florida Land Exchange 
Contracts. 
Authorization Act of 1988". 
SEC. 2. DEFINITIONS. 
As used in this Act: 
(1) The term "land" means lands and interests (including the 
reserved mineral estate) therein, including leaseholds. 
(2) The term "Secretary" means the Secretary of the Interior, 
(3) The term "Aerojet 
means the Aerojet-General Corpora-
tion, an Ohio corporation. 
(4) The term "exchange agreement" means an agreement 
between the Secretary and Aerojet which is entered into for 
purposes of making the exchange authorized by this Act and 
which meets the requirements of this Act. 
(5) The term "lease agreement" means an agreement between 
the Secretary and Aerojet which is entered into for the purpose 
of making the lease authorized and directed by this Act and 
which meets the requirements of this Act. 
(6) The term "endangered or threatened species" means an 
endangered species or a threatened species, as defined in the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 
SEC. 3. EXCHANGE. 
(a) AUTHORIZATION.—Subject to valid existing rights, the Sec-
retary is authorized and directed to convey and lease public lands in 
the State of Nevada, described in subsection (b)(1), in exchange for 
the conveyance to the United States of the lands in Dade County, 
Florida, described in subsection (b)(2). 
(b) LANDS TO BE EXCHANGED.— 
(1) NEVADA.—(A) Public lands to be conveyed by the Secretary 
pursuant to this Act are the public lands, comprised of approxi-
mately twenty-eight thousand eight hundred acres, described as 
"For Conveyance to Aerojet General Corporation" on the map 
entitled "Public Domain Lands to be Exchanged and Leased to 
Aerojet-General Corporation, Clark and Lincoln Counties, 
Nevada," dated October 1987, and the public lands, comprised of 
approximately ten thousand and forty acres, generally depicted 
on the map entitled "Public Domain Lands to be Exchanged to 
Aerojet-General Corporation, Mineral County, Nevada," dated 
February 1987. 
(B) In furtherance of an exchange pursuant to this Act, the 
Secretary shall also lease to Aerojet the lands described in 
section 4. 
PUBLIC LAW 100-275—MAR. 31, 1988 
102 STAT. 53 
(2) FLORIDA.—The private lands to be acquired by the Sec-
retary pursuant to this Act are all right, title, and interest of 
Aerojet (exclusive of severable use rights) in and to approxi-
mately four thousand six hundred and fifty acres of land as 
generally depicted on the map entitled "Aerojet-General Cor-
poration Lands to be Exchanged to United States Fish and 
Wildlife Service, Dade County, Florida," dated February 1987, 
and available for inspection in the Office of the Secretary. 
(c) CONVEYANCE DOCUMENTS.— 
(1) BEFORE SURVEY.—Lands to be conveyed by the United 
States pursuant to this Act which have not been surveyed, or 
with respect to which any boundary needs to be surveyed, shall 
be conveyed by an interim conveyance. An interim conveyance 
under this paragraph shall convey to and vest in the recipient 
the same right, title, and interest in and to such lands as the 
recipient would have received in a patent issued pursuant to 
this Act. 
(2) PATENT.—Upon being surveyed, the Secretary shall issue a 
patent for such lands. The boundary of such lands shall be that 
which was defined in and conveyed by the interim conveyance, 
except that the boundary may be corrected and redescribed in 
the patent, where necessary, as a result of the survey of such 
lands. 
(3) FINALITY.—The issuance of an interim conveyance or 
patent pursuant to this section shall be subject to valid existing 
rights and shall be final and irrevocable. The United States 
shall not be required to accept a reconveyance or to take any 
actions with regard to the lands covered by such interim convey-
ance or patent. 
(4) DISCREPANCIES.—The acreages cited in this Act are 
approximate, and in the event of discrepancies between cited 
acreages and the maps referred to in this section, the maps shall 
control. 
(d) TERMS AND CONDITIONS.—The Secretary shall include in any 
interim conveyance, patent, or lease subject to this Act all terms 
and conditions required by this Act. Such terms and conditions shall 
apply to all subsequent purchasers, transferees, and other holders of 
any land covered by any such interim conveyance, patent, or lease. 
(e) LEGAL DESCRIPTION.—Within six months after the completion 
of an exchange pursuant to this Act, the Secretary shall file maps 
and legal descriptions of the lands so exchanged (including lands 
conveyed and leased by the United States) with the Committee on 
Energy and Natural Resources of the Senate and the Committee on 
Interior and Insular Affairs of the House of Representatives. Such 
legal descriptions shall have the same force and effect as if included 
in this Act, except that the Secretary may correct clerical and 
typographical errors in such legal descriptions and in the maps 
referred to in subsection (a). Such legal descriptions and maps shall 
also be on file and available for public inspection in the Nevada 
office of the State Director of the Bureau of Land Management, 
Department of the Interior. For purposes of this subsection, the 
issuance of a conveyance document (either a patent or an interim 
conveyance) or lease, whichever is later, shall constitute completion 
of an exchange. 
SEC. 4. LEASE OF CERTAIN LANDS IN NEVADA. 
(a) LEASE.— 
Public 
information. 
Patents and 
trademarks. 
Public 
information. 
Patents and 
trademarks. 
102 STAT. 54 
PUBLIC LAW 100-275—MAR. 31, 1988 
Minerals and 
mining. 
Fish and fishing. 
Plants. 
Wildlife. 
(1) GENERAL AUTHORITY.—The Secretary is authorized and 
directed to lease to Aerojet the approximately fourteen thou-
sand 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.— 
(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 Sec-
retary, 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 ad-
verse 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, 
PUBLIC LAW 100-275—MAR. 31, 1988 
102 STAT. 55 
or leased, to Aerojet by the Secretary and lands transferred to 
the United States by Aerojet. The Secretary shall require that 
any conveyance of a production well drilled at Federal expense 
which Aerojet or its successors or assigns subsequently uses for 
withdrawal of water for industrial purposes shall be in consider-
ation of receipt by the United States of land or money equal in 
value to the cost of drilling a well suitable for industrial pur-
poses and located at the same site as the well conveyed. 
(2) APPRAISAL.—Any determination by the Secretary of values 
of lands to be conveyed or leased by the Secretary pursuant to 
this Act shall be based on the fair market value of such lands, 
as determined by appraisals carried out in accordance with 
established procedures used by the Bureau of Land Manage-
ment and done after the date of enactment of this Act by 
qualified appraisers selected and reimbursed by the Secretary. 
The values of lands to be conveyed by Aerojet pursuant to this 
Act shall be the values agreed to pursuant to section 7(a). 
(3) NOTICE AND PUBLIC INSPECTION.—Upon completion of such 
appraisals, the Secretary shall— 
(A) publish in newspapers of general circulation in Clark, 
Lincoln, and Mineral Counties, Nevada, a notice as to 
where and when the results of appraisals carried out pursu-
ant to this Act will be available for public inspection, and 
(B) transmit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Interior and 
Insular Affairs of the House of Representatives a copy of 
such appraisals and the determination by the Secretary of 
the values of lands to be conveyed and leased. 
The Secretary shall not issue any interim conveyance, patent, 
or lease pursuant to this Act before ten days after such 
transmittals are made to the committees specified in subpara-
graph (B). 
(b) TRANSMISSION CORRIDOR.— 
(1) RESERVATION TO THE UNITED STATES.—The transfer of the 
lands in Clark and Lincoln Counties, Nevada to be conveyed to 
Aerojet under this Act shall be subject to the reservation to the 
United States of the right-of-way corridor described in the draft 
exchange agreement referred to in subsection (g). This corridor 
shall be designated and administered by the Secretary, who 
may grant rights-of-way over, upon, under, and through the 
corridor for systems and facilities used or useful for the 
construction, operation, and maintenance of electric trans-
mission lines consistent with title V of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1761 et seq.). 
(2) ACTIVITIES IN TRANSMISSION CORRIDOR.—Activities to con-
struct, operate, and maintain electric transmission lines within 
the corridor shall be given priority over all conflicting activities. 
The Secretary shall take all reasonable actions to facilitate and 
protect the activities planned and proposed for the land in Clark 
County and Lincoln County, Nevada, referred to in section 3(b), 
by Aerojet-General Corporation relating to the development, 
manufacture, and testing of rocket motors or other aerospace 
and defense products, including the granting of rights-of-way to 
Aerojet-General Corporation for roads across the corridor 
connecting the eastern and western portions of the land in 
Clark County and Lincoln County, Nevada, referred to in 
section 3(b). 
Water. 
Business and 
industry. 
Energy. 
Defense and 
national 
security. 
102 STAT. 56 
PUBLIC LAW 100-275—MAR. 31, 1988 
(3) ALTERNATIVE TO CORRIDOR ON CERTAIN LANDS.—If, after 
five years from the date of enactment of this Act, other public 
lands within the six-mile width of land immediately west of the 
Clark County and Lincoln County, Nevada, land referred to in 
section 3(b) are returned to multiple use, are suitable as an 
alternative to the corridor reserved in this subsection, and are 
made available for the construction, operation, and mainte-
nance of electric transmission lines, no further rights-of-way or 
other rights or privileges to construct, operate, and maintain 
electric transmission lines within the corridor reserved in this 
subsection shall be granted by the Secretary unless— 
(A) such rights-of-way or other rights or privileges are 
pursuant to or in furtherance or continuation of the specific 
rights referred to in subsection (c); 
(B) at the time the land becomes so available there is 
pending an application for a right-of-way in the corridor 
reserved in this subsection and in the opinion of the Sec-
retary such application is being diligently pursued; or 
(C) such rights-of-way or other rights or privileges are in 
renewal of a right-of-way granted prior to the land becom-
ing so available. 
Energy. 
(c) PRESERVATION OF EXISTING RiGHTS.—The existing rights 
Utah. 
referred to in section 3(a) include the right-of-way (Number U-
42519, granted April 3, 1980) to construct, operate, and maintain an 
electric transmission line from the Intermountain Power Project at 
Delta, Utah, through the land in Clark County and Lincoln County, 
Nevada, referred to in section 3(b), and the interest of the White 
Pine Power Project in the Southern Transmission System (described 
and analyzed in the final Environmental Impact Statement as the 
selected alternative and displayed on the map attached to the 
Record of Decision approved on March 26, 1985), within the land in 
Clark County and Lincoln County, Nevada, referred to in section 
3(b). Nothing in this Act or in the draft exchange agreement re-
ferred to in subsection (g) shall negate or diminish such existing 
rights in any respect, except that (unless otherwise agreed to by the 
owner of the land in Clark County and Lincoln County, Nevada, 
referred to in section 3(b)) on and after the consummation of the 
exchange of lands authorized by this Act and without further act by 
the holders of such existing rights, such existing rights shall be 
altered so that— 
(1) all transmission lines and related facilities to be located on 
the land in Clark County and Lincoln County, Nevada, referred 
to in section 3(b) pursuant to such existing rights may only be 
located within the corridor referenced in subsection (b); and 
(2) the right to locate such transmission lines and related 
facilities pursuant to such existing rights on the land in Clark 
County and Lincoln County, Nevada, referred to in section 3(b) 
outside of that corridor shall be extinguished and of no further 
force or effect. 
Safety. 
(d) OFF-ROAD VEHICLES AND ALL-TERRAIN VEHICLES.—Except for 
purposes of administration or in cases of emergency or for public 
safety, off-road vehicles and all-terrain vehicles may not be used on 
unroaded portions of land located in the State of Nevada which is 
conveyed or leased under this Act. 
Claims. 
(e) IMMUNITY.—Notwithstanding any other provision of law, the 
United States, its officers, employees, and instrumentalities, may 
not be held liable for, and shall be immune from, any claim arising 
PUBLIC LAW 100-275—MAR. 31, 1988 
102 STAT. 57 
from any acts or omissions of Aerojet, its employees, agents, succes-
sors, 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 Sec-
retary 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 inclu-
sion 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 ex-
change, 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 Commit-
tee 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 reason-
able 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 endan-
gered or threatened species, the Secretary shall— 
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 with-
drawal; 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 
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 con-
veyed 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— 
Water. 
(1) the pumping of ground water from such land, 
(2) the condition of endangered or threatened species located 
on such land, 
Plants. 
(3) the impact of any activity occurring on such land on 
Wildlife. 
wildlife and plants, including (but not limited to) endangered or 
threatened species. 
In exercising such right of access, the Secretary shall afford reason-
able 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 appro-
priate officials of the State of Nevada to facilitate such monitoring 
and regulation. 
PUBLIC LAW 100-275—MAR. 31, 1988 
102 STAT. 59 
SEC. 7. TRANSFER OF FLORIDA LANDS TO WATER MANAGEMENT 
DISTRICT. 
(a) SALE TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT.— 
Notwithstanding any other provision of law, the Secretary is 
authorized and directed to sell by issuance of a quitclaim deed any 
lands acquired in accordance with an exchange pursuant to this Act 
to the South Florida Water Management District at such per-acre 
price as may be mutually agreed upon by the Secretary and the 
District. 
(b) USE OP FUNDS RECEIVED BY THE UNITED STATES.—Notwith-
standing any other provision of law, any funds received by the 
United States from the sale of lands authorized by subsection (a) and 
from any payments by Aerojet to equalize values of lands exchanged 
pursuant to this Act shall be deposited in the "Contributed Fund 
Account" of the Fish and Wildlife Service, and shall be utilized for 
the purchase of additional lands at existing elements of the National 
Wildlife Refuge System in the State of Florida. Such funds shall be 
available for obligation without appropriation. 
(c) NOTICE TO CONGRESS.—The Secretary shall notify the Commit-
tee on Appropriations of the Senate and the Committee on Appro-
priations of the House of Representatives of any proposal to obligate 
funds received in accordance with the provisions of subsection (a) at 
least sixty days prior to the obligation of such funds. 
SEC. 8. WILDERNESS STUDY AREAS. 
Any public land in the State of Nevada which, as of March 1,1987, 
was managed pursuant to section 603(c) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1782) shall be retained in 
Federal ownership and shall continue to be so managed until Con-
gress determines otherwise. 
SEC. 9. CLAIMS. 
Nothing in this Act or in the exchange and lease agreements shall 
be construed as affirming or denying the validity of any claim which 
is pending on the date of enactment of this Act by any Indian tribe 
or any other person with respect to any lands in Nevada. 
SEC. 10. JUDICIAL REVIEW. 
(a) GENERAL PROVISIONS.—Except as provided in subsection (b), 
nothing in this Act shall be construed as limiting any right of the 
Secretary or any other person to bring any action with regard to the 
responsibilities of the Secretary or any other person under ap-
plicable law, as affected or modified by this Act. The Secretary shall 
not include in the exchange agreement any term or condition that 
would limit the ability of the Secretary to bring any action or take 
any other step the Secretary may find appropriate in order to carry 
out the responsibility of the Secretary under this Act or any other 
applicable provision of law, as affected or modified by this Act. 
(b) FINDING AND LIMITATION.—The Congress hereby finds that 
studies and analyses completed prior to the date of enactment of 
this Act have made available information sufficient to meet the 
objectives of the National Environmental Policy Act of 1969 and 
other relevant law so far as concerns the possible environmental 
and other effects of the conveyance and lease of public lands in 
Nevada as provided for in this Act, and that the provisions of this 
Act adequately address such possible effects. 
National 
Wildlife Refuge 
System. 
Congress. 
Environmental 
protection. 
102 STAT. 60 
PUBLIC LAW 100-275—MAR. 31, 1988 
Congress. 
Patents and 
trademarks. 
16 u s e 670g 
note. 
State and local 
governments. 
Public 
information. 
(c) LIMITATION.—Based on the finding set forth in subsection (b), 
the Congress directs that the execution or consummation of any 
agreement, or the issuance of an interim conveyance, patent, or 
lease, pursuant to and in accordance with the provisions of this Act, 
shall not be subject to judicial review with respect to any complaint 
alleging a failure by the Secretary or any other person to comply 
with any provision of law other than the provisions of this Act. 
SEC. 11. DEADLINE. 
It is the sense of Congress that the Secretary shall execute the 
exchange agreement and the lease agreement and shall implement 
the conveyance and lease of lands pursuant to this Act no later than 
one hundred and twenty days after the date of enactment of this 
Act. 
SEC. 12. DESERT TORTOISE PLAN. 
(a) PREPARATION.—The Secretary shall— 
(1) review the status of populations of desert tortoises on lands 
in Nevada and other States managed by the Secretary, other 
than lands conveyed or leased pursuant to this Act; 
(2) assess the nature and extent of threats to the continued 
health or stability of such populations on such lands; and 
(3) prepare a comprehensive plan to address such threats 
through— 
(A) reductions in the extent to which uses of such lands 
which are potentially harmful to such populations are per-
mitted to occur; and 
(B) other measures to remove or mitigate such threats. 
(b) CONSULTATION.—In preparing the plan required by subsection 
(a), the Secretary shall consult with State officials, other Federal 
agencies responsible for management of lands where desert tortoise 
populations are located, the Desert Tortoise Council, and other 
persons or groups identified by the Secretary as having expertise 
relevant to the requirements of this section. 
(c) DEADLINES AND REPORTS.— 
(1) REVIEW AND ASSESSMENT.—The review and assessment 
required by paragraphs (1) and (2) of subsection (a) shall be 
completed and the results thereof shall be made available to the 
public and transmitted to the Committee on Energy and Natu-
ral Resources of the Senate and the Committee on Interior and 
Insular Affairs of the House of Representatives no later than 
two years after the date of enactment of this Act. 
(2) PLAN.—The plan required by subsection (a)(3) shall be 
developed and transmitted to the Committee on Energy and 
Natural Resources of the Senate and the Committee on Interior 
PUBLIC LAW 100-275—MAR. 31, 1988 
102 STAT. 61 
and Insular Affairs of the House of Representatives no later 
than three years after the date of enactment of this Act. A 
failure by the Secretary to transmit such report within such 
three-year period shall not relieve the Secretary from the 
requirement to prepare such plan. 
Approved March 31, 1988. 
LEGISLATIVE HISTORY—S. 854 (H.R. 1845): 
HOUSE REPORTS: No. 100-513, Pt. 1 accompanying H.R. 1845 (Comm. on Interior 
£ind Insular Affairs). 
SENATE REPORTS: No. 100-292 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Mar. 4, considered and passed Senate. 
Mar. 15, considered and passed House. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Mar. 31, Presidential statement.