120 STAT. 3550 PUBLIC LAW 109–470—JAN. 11, 2007

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.

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 nonFederal 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—

Holloman Air

Force Base Land

Exchange Act.

Jan. 11, 2007

[H.R. 486]

PUBLIC LAW 109–470—JAN. 11, 2007 120 STAT. 3551

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.

Æ

(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.