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'1989.° '^ 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 and 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-
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