[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 486 Enrolled Bill (ENR)]
H.R.486
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To provide for a land exchange involving private land and Bureau of Land
Management land in the vicinity of Holloman Air Force Base, New Mexico,
for the purpose of removing private land from the required safety zone
surrounding munitions storage bunkers at Holloman Air Force Base.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holloman Air Force Base Land
Exchange Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the land
administered by the Secretary consisting of a total of
approximately 320 acres, as depicted on the map.
(2) Map.--The term ``map'' means the map entitled ``Holloman
AFB Land Exchange'' and dated May 19, 2006.
(3) Non-federal land.--The term ``non-Federal land'' means the
parcel consisting of a total of approximately 241 acres of land, as
depicted on the map, that is--
(A) contiguous to Holloman Air Force Base, New Mexico; and
(B) located within the required safety zone surrounding
munitions storage bunkers at the installation.
(4) Owner.--The term ``owner'' means an owner that is able to
convey to the United States clear title to the non-Federal land.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. LAND EXCHANGE.
(a) In General.--If the owner submits to the Secretary a request to
exchange the non-Federal land for the Federal land or a portion of the
Federal land, the Secretary shall convey to the owner all right, title,
and interest of the United States in and to the Federal land or the
applicable portion of the Federal land.
(b) Consideration.--As consideration for the conveyance of the
Federal land under subsection (a), the owner shall convey to the United
States all right, title, and interest of the owner in and to the non-
Federal land.
(c) Addition to Military Reservation.--On acquisition of the non-
Federal land by the Secretary, the Secretary shall--
(1) assume jurisdiction over the non-Federal land; and
(2) amend the withdrawal for the Holloman Air Force Base to
include the non-Federal land.
(d) Interests Included in Exchange.--Subject to valid existing
rights, the land exchange under this Act shall include the conveyance
of all surface, subsurface, mineral, and water rights to the Federal
land and non-Federal land exchanged.
(e) Compliance With Federal Land Policy and Management Act.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall carry out the land exchange under this section in
accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716).
(2) Cash equalization.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)),
a cash equalization payment may be made in excess of 25 percent of
the appraised value of the Federal land.
(f) No Amendment to Management Plan Required.--The exchange of
Federal land and non-Federal land shall not require an amendment to the
White Sands Resource Management Plan.
(g) Disposition and Use of Proceeds.--
(1) Disposition of proceeds.--The Secretary shall deposit any
cash equalization payments received under this Act in the Federal
Land Disposal Account established under section 206(a) of the
Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)).
(2) Use of proceeds.--Amounts deposited under paragraph (1)
shall be expended in accordance with section 206(c) of the Federal
Land Transaction Facilitation Act (43 U.S.C. 2305(c)).
(h) Additional Terms and Conditions.--The Secretary may require any
additional terms and conditions for the land exchange that the
Secretary considers to be appropriate to protect the interests of the
United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.