[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 486 Reported in Senate (RS)]
Calendar No. 556
109th CONGRESS
2d Session
H. R. 486
[Report No. 109-313]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 15, 2005
Received; read twice and referred to the Committee on Energy and
Natural Resources
July 31, 2006
Reported by Mr. Domenici, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. LAND EXCHANGE, PRIVATE AND PUBLIC LAND IN VICINITY
OF HOLLOMAN AIR FORCE BASE, NEW MEXICO.</DELETED>
<DELETED> (a) Conveyance of Public Land.--In exchange for the land
described in subsection (b), the Secretary of the Interior shall convey
to Randal, Jeffrey, and Timothy Rabon of Otero County, New Mexico (in
this section referred to as the ``Rabons''), all right, title, and
interest of the United States in and to certain public land
administered by the Secretary through the Bureau of Land Management
consisting of a total of approximately 320 acres, as depicted on the
map entitled ``Alamogordo Rabon Land Exchange'' and dated September 24,
2004, and more specifically described as follows:</DELETED>
<DELETED> (1) SE</DELETED>\<DELETED>1/4</DELETED>\
<DELETED>of section 6, township 17 south, range 10 east, New
Mexico principal meridian.</DELETED>
<DELETED> (2) N</DELETED>\<DELETED>1/
2</DELETED>\<DELETED>N</DELETED>\<DELETED>1/2</DELETED>\
<DELETED>of section 7, township 17 south, range 10 east, New
Mexico principal meridian.</DELETED>
<DELETED> (b) Consideration.--As consideration for the conveyance of
the real property under subsection (a), the Rabons shall convey to the
United States all right, title, and interest held by the Rabons in and
to three parcels of land depicted on the map referred to in subsection
(a), which consists of approximately 241 acres, is contiguous to
Holloman Air Force Base, New Mexico, and is located within the required
safety zone surrounding munitions storage bunkers at the installation.
The Secretary shall assume jurisdiction over the land acquired under
this subsection. The three parcels are more specifically described as
follows:</DELETED>
<DELETED> (1) Lot 4 in the S1/2 of section 30, township 16
south, range 9 east, New Mexico principal meridian, consisting
of approximately 17.6 acres.</DELETED>
<DELETED> (2) E1/2SW1/4 of section 31, township 16 south,
range 9 east, New Mexico principal meridian, consisting of
approximately 80 acres.</DELETED>
<DELETED> (3) Lots 1, 2, 3, and 4 of section 31, township 16
south, range 9 east, New Mexico principal meridian, consisting
of approximately 143 acres.</DELETED>
<DELETED> (c) Interests Included in Exchange.--Subject to valid
existing rights, the land exchange under this section shall include
conveyance of all surface, subsurface, mineral, and water rights in the
lands.</DELETED>
<DELETED> (d) Compliance With Existing Law.--(1) The Secretary shall
carry out the land exchange under this section in the manner provided
in section 206 of the Federal Land Policy Management Act of 1976 (43
U.S.C. 1716). Notwithstanding subsection (b) of such section, if
necessary, a cash equalization payment may be made in excess of 25
percent of the appraised value of the public land to be conveyed under
subsection (a).</DELETED>
<DELETED> (2) The cost of the appraisals performed as part of the
land exchange shall be borne by the Secretary.</DELETED>
<DELETED> (e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection with the
land exchange under this section as the Secretary considers appropriate
to protect the interests of the United States.</DELETED>
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.
Calendar No. 556
109th CONGRESS
2d Session
H. R. 486
[Report No. 109-313]
_______________________________________________________________________
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.
_______________________________________________________________________
July 31, 2006
Reported with an amendment