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 as 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
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