115 



Senator Hecht. Thank you. 



Is the Coyote Springs Valley in Nevada a designated "critical 

 habitat" for the desert tortoise? 



Mr. Horn. No. 



The desert tortoise is only one of 3,900 candidate species for pro- 

 spective or potential listing under the Endangered Species Act. Be- 

 cause it is a candidate species, we have some level of concern about 

 it. That is one of the reasons that we engaged in some of the en- 

 dangered species review and the environmental analysis. 



We are persuaded that the mitigation and conservation stipula- 

 tions built into the draft exchange agreement with Aerojet, includ- 

 ing the set-aside of an 18,000 acre desert tortoise preserve, more 

 than adequately deal with protecting this species in this particular 

 area. 



Senator Hecht. Thank you. 



Please describe for the Committee the stipulations which the de- 

 partment has entered into with Aerojet with respect to the protec- 

 tion of groundwater resources, and specifically for the protection of 

 the endangered fish, which I understand are located outside the ex- 

 change area. 



Mr. Horn. As I indicated, the four endangered species of fish in- 

 habit springs that are 45 miles and 12 miles away from the Aerojet 

 site. 



All of the water extraction that might occur on this property is 

 going to be pursuant to State law, and we — again, this is one I 

 would just as soon provide for the record because it is quite compli- 

 cated — have provided a system and a series of provisions to ensure 

 that we are duly notified; that there will be extensive monitoring 

 on the site; to ensure that any groundwater extraction, in accord- 

 ance with State permits, does not adversely affect these two 

 springs, which are habitat for these fish. 



[Subsequent to the hearing the Interior Department submitted 

 the following:] 



PROVISIONS OF THE DRAFT AGREEMENT RELATING TO WATER EXTRACTION 



Upon the issuance of a written opinion by FWS to Aerojet that the withdrawal of 

 groundwater from beneath the Nevada Land (as defined in the body of the Agree- 

 ment) has caused the depletion of water to any surface water habitat of a federally- 

 listed endangered or threatened species and that such depletion is having an imme- 

 diate adverse effect on such species, Aerojet and the FWS shall jointly seek a deter- 

 mination from the Nevada State Engineer or some other mutually agreeable inde- 

 pendent third party (such as U.S. Geological Survey), as to the cause of the deple- 

 tion. Should it be determined by the State Engineer, or other mutually agreed-upon 

 third party, that the withdrawal of groundwater from beneath the Nevada Land, by 

 Aerojet, is the sole cause of the depletion of water to a surface water habitat of any 

 federally-listed endangered or threatened species, then Aerojet and FWS shall joint- 

 ly petition the State Engineer to reduce the total water allocation in the affected 

 area, in accordance with State law, until the adverse effect has been eliminated, at 

 which level the water allocations shall remain until otherwise provided by the State 

 Engineer. 



Senator Hecht. Will the stipulations agreed to by Aerojet and 

 the Department of the Interior continue in effect if at some later 

 date Aerojet should attempt to dispose of Nevada property? 



Mr. Horn. Yes. 



