In the Senate of the United States,

December 7, 2006.

Resolved, That the bill from the House of Representatives (H.R. 486) entitled ‘‘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.’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

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

3 Base Land Exchange Act’’.
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1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) FEDERALLAND.—The term ‘‘Federal land’’

4 means the land administered by the Secretary con5 sisting of a total of approximately 320 acres, as de6 picted on the map.

7 (2) MAP.—The term ‘‘map’’ means the map enti8 tled ‘‘Holloman AFB Land Exchange’’ and dated

9 May 19, 2006.

10 (3) NON-FEDERALLAND.—The term ‘‘non-Fed11 eral land’’ means the parcel consisting of a total of

12 approximately 241 acres of land, as depicted on the

13 map, that is—

14 (A) contiguous to Holloman Air Force Base,

15 New Mexico; and

16 (B) located within the required safety zone

17 surrounding munitions storage bunkers at the

18 installation.

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

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

21 to the non-Federal land.

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

23 the Secretary of the Interior.

24 SEC. 3. LAND EXCHANGE.

25 (a) IN GENERAL.—If the owner submits to the Sec26 retary a request to exchange the non-Federal land for the
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HR 486 EAS

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

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

3 the United States in and to the Federal land or the applica4 ble portion of the Federal land.

5 (b) CONSIDERATION.—As consideration for the convey6 ance of the Federal land under subsection (a), the owner

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

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

9 (c) ADDITION TO MILITARY RESERVATION.—On acqui10 sition of the non-Federal land by the Secretary, the Sec11 retary shall—

12 (1) assume jurisdiction over the non-Federal

13 land; and

14 (2) amend the withdrawal for the Holloman Air

15 Force Base to include the non-Federal land.

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

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

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

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

20 exchanged.

21 (e) COMPLIANCE WITH FEDERAL LAND POLICY AND

22 MANAGEMENT ACT.—

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the Secretary shall carry out the land ex25 change under this section in accordance with section
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1 206 of the Federal Land Policy and Management Act

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

3 (2) CASH EQUALIZATION.—Notwithstanding sec4 tion 206(b) of the Federal Land Policy and Manage5 ment Act of 1976 (43 U.S.C. 1716(b)), a cash equali6 zation payment may be made in excess of 25 percent

7 of the appraised value of the Federal land.

8 (f) NO AMENDMENT TO MANAGEMENT PLAN RE9 QUIRED.—The exchange of Federal land and non-Federal

10 land shall not require an amendment to the White Sands

11 Resource Management Plan.

12 (g) DISPOSITION AND USE OF PROCEEDS.—

13 (1) DISPOSITION OF PROCEEDS.—The Secretary

14 shall deposit any cash equalization payments received

15 under this Act in the Federal Land Disposal Account

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

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

18 (2) USE OF PROCEEDS.—Amounts deposited

19 under paragraph (1) shall be expended in accordance

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

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

22 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec23 retary may require any additional terms and conditions
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1 for the land exchange that the Secretary considers to be ap2 propriate to protect the interests of the United States.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 486

AMENDMENT