II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. LAND EXCHANGE, PRIVATE AND PUBLIC LAND 

2 IN VICINITY OF HOLLOMAN AIR FORCE BASE, 

3 NEW MEXICO. 

4 (a) CONVEYANCE OF PUBLIC LAND.—In exchange 

5 for the land described in subsection (b), the Secretary of 

6 the Interior shall convey to Randal, Jeffrey, and Timothy 

7 Rabon of Otero County, New Mexico (in this section re8 ferred to as the ‘‘Rabons’’), all right, title, and interest 

9 of the United States in and to certain public land adminis10 tered by the Secretary through the Bureau of Land Man11 agement consisting of a total of approximately 320 acres, 

12 as depicted on the map entitled ‘‘Alamogordo Rabon Land 

13 Exchange’’ and dated September 24, 2004, and more spe14 cifically described as follows: 

(1) SE1 15 ⁄4 of section 6, township 17 south, range 

16 10 east, New Mexico principal meridian. 

(2) N1⁄2N1 17 ⁄2 of section 7, township 17 south, 

18 range 10 east, New Mexico principal meridian. 

19 (b) CONSIDERATION.—As consideration for the con20 veyance of the real property under subsection (a), the 

21 Rabons shall convey to the United States all right, title, 

22 and interest held by the Rabons in and to three parcels 

23 of land depicted on the map referred to in subsection (a), 

24 which consists of approximately 241 acres, is contiguous 

25 to Holloman Air Force Base, New Mexico, and is located 

26 within the required safety zone surrounding munitions 


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1 storage bunkers at the installation. The Secretary shall 

2 assume jurisdiction over the land acquired under this sub3 section. The three parcels are more specifically described 

4 as follows: 

5 (1) Lot 4 in the S1/2 of section 30, township 

6 16 south, range 9 east, New Mexico principal merid7 ian, consisting of approximately 17.6 acres. 

8 (2) E1/2SW1/4 of section 31, township 16 

9 south, range 9 east, New Mexico principal meridian, 

10 consisting of approximately 80 acres. 

11 (3) Lots 1, 2, 3, and 4 of section 31, township 

12 16 south, range 9 east, New Mexico principal merid13 ian, consisting of approximately 143 acres. 

14 (c) INTERESTS INCLUDED IN EXCHANGE.—Subject 

15 to valid existing rights, the land exchange under this sec16 tion shall include conveyance of all surface, subsurface, 

17 mineral, and water rights in the lands. 

18 (d) COMPLIANCE WITH EXISTING LAW.—(1) The 

19 Secretary shall carry out the land exchange under this sec20 tion in the manner provided in section 206 of the Federal 

21 Land Policy Management Act of 1976 (43 U.S.C. 1716). 

22 Notwithstanding subsection (b) of such section, if nec23 essary, a cash equalization payment may be made in ex24 cess of 25 percent of the appraised value of the public 

25 land to be conveyed under subsection (a). 


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1 (2) The cost of the appraisals performed as part of 

2 the land exchange shall be borne by the Secretary. 

3 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

4 Secretary may require such additional terms and condi5 tions in connection with the land exchange under this sec6 tion as the Secretary considers appropriate to protect the 

7 interests of the United States. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Holloman Air Force 

10 Base Land Exchange Act’’. 

11 SEC. 2. DEFINITIONS. 

12 In this Act: 

13 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

14 means the land administered by the Secretary con15 sisting of a total of approximately 320 acres, as de16 picted on the map. 

17 (2) MAP.—The term ‘‘map’’ means the map enti18 tled ‘‘Holloman AFB Land Exchange’’ and dated 

19 May 19, 2006. 

20 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed21 eral land’’ means the parcel consisting of a total of 

22 approximately 241 acres of land, as depicted on the 

23 map, that is— 

24 (A) contiguous to Holloman Air Force Base, 

25 New Mexico; and 


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1 (B) located within the required safety zone 

2 surrounding munitions storage bunkers at the 

3 installation. 

4 (4) OWNER.—The term ‘‘owner’’ means an owner 

5 that is able to convey to the United States clear title 

6 to the non-Federal land. 

7 (5) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 SEC. 3. LAND EXCHANGE. 

10 (a) IN GENERAL.—If the owner submits to the Sec11 retary a request to exchange the non-Federal land for the 

12 Federal land or a portion of the Federal land, the Secretary 

13 shall convey to the owner all right, title, and interest of 

14 the United States in and to the Federal land or the applica15 ble portion of the Federal land. 

16 (b) CONSIDERATION.—As consideration for the convey17 ance of the Federal land under subsection (a), the owner 

18 shall convey to the United States all right, title, and interest 

19 of the owner in and to the non-Federal land. 

20 (c) ADDITION TO MILITARY RESERVATION.—On acqui21 sition of the non-Federal land by the Secretary, the Sec22 retary shall— 

23 (1) assume jurisdiction over the non-Federal 

24 land; and 


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1 (2) amend the withdrawal for the Holloman Air 

2 Force Base to include the non-Federal land. 

3 (d) INTERESTS INCLUDED IN EXCHANGE.—Subject to 

4 valid existing rights, the land exchange under this Act shall 

5 include the conveyance of all surface, subsurface, mineral, 

6 and water rights to the Federal land and non-Federal land 

7 exchanged. 

8 (e) COMPLIANCE WITH FEDERAL LAND POLICY AND

9 MANAGEMENT ACT.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the Secretary shall carry out the land ex12 change under this section in accordance with section 

13 206 of the Federal Land Policy and Management Act 

14 of 1976 (43 U.S.C. 1716). 

15 (2) CASH EQUALIZATION.—Notwithstanding sec16 tion 206(b) of the Federal Land Policy and Manage17 ment Act of 1976 (43 U.S.C. 1716(b)), a cash equali18 zation payment may be made in excess of 25 percent 

19 of the appraised value of the Federal land. 

20 (f) NO AMENDMENT TO MANAGEMENT PLAN RE21 QUIRED.—The exchange of Federal land and non-Federal 

22 land shall not require an amendment to the White Sands 

23 Resource Management Plan. 

24 (g) DISPOSITION AND USE OF PROCEEDS.— 


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1 (1) DISPOSITION OF PROCEEDS.—The Secretary 

2 shall deposit any cash equalization payments received 

3 under this Act in the Federal Land Disposal Account 

4 established under section 206(a) of the Federal Land 

5 Transaction Facilitation Act (43 U.S.C. 2305(a)). 

6 (2) USE OF PROCEEDS.—Amounts deposited 

7 under paragraph (1) shall be expended in accordance 

8 with section 206(c) of the Federal Land Transaction 

9 Facilitation Act (43 U.S.C. 2305(c)). 

10 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec11 retary may require any additional terms and conditions 

12 for the land exchange that the Secretary considers to be ap13 propriate to protect the interests of the United States. 


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Calendar No. 556 

109TH CONGRESS 

2D SESSION H. R. 486 

[Report No. 109

–313] 

AN ACT 

To provide for a land exchange involving private 

Base. tions storage bunkers at Holloman Air Force from the required safety zone surrounding muniMexico, for the purpose of removing private land the vicinity of Holloman Air Force Base, New land and Bureau of Land Management land in 

JULY 31, 2006 

Reported with an amendment 


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