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[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
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