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[109th Congress Public Law 470]
[From the U.S. Government Printing Office]

[DOCID: f:publ470.109]

[[Page 120 STAT. 3550]]

Public Law 109-470
109th Congress

                                 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. <<NOTE: Jan. 11, 2007 -  [H.R. 486]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Holloman Air Force Base 
Land Exchange Act.>> 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--

[[Page 120 STAT. 3551]]

            (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.

    Approved January 11, 2007.

LEGISLATIVE HISTORY--H.R. 486:
---------------------------------------------------------------------------

SENATE REPORTS: No. 109-313 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 151 (2005):
                                    Mar. 14, considered and passed 
                                        House.
                                                        Vol. 152 (2006):
                                    Dec. 7, considered and passed 
                                        Senate, amended.
                                    Dec. 8, House concurred in Senate 
                                        amendment.

                                  <all>
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