I 

108TH CONGRESS 

2D SESSION H. R. 4808 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2004 

Mr. PEARCE introduced the following bill; which was referred to the 

Committee on Resources 

A BILL 

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, 
2 

•HR 4808 IH 

1 SECTION 1. LAND EXCHANGE OF PRIVATE AND PUBLIC 

2 LAND IN VICINITY OF HOLLOMAN AIR FORCE 

3 BASE, 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 a parcel of public land ad10 ministered by the Secretary through the Bureau of Land 

11 Management that consists of approximately 320 acres and 

12 is a Bureau of Land Management inholding within lands 

13 owned by the Rabons. The conveyance of the parcel in14 cludes all surface, subsurface, mineral, and water rights, 

15 title, and interests of the United States in and to the par16 cel. 

17 (b) CONSIDERATION.—As consideration for the con18 veyance of the real property under subsection (a), the 

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

20 and interest of held by the Rabons in and to a parcel of 

21 land that consists of approximately 241 acres, is contig22 uous to Holloman Air Force Base, New Mexico, and is 

23 located within the required safety zone surrounding muni24 tions storage bunkers at the installation. The conveyance 

25 of the parcel includes all surface, subsurface, mineral, and 

26 water rights, title, and interests of the Rabons in and to 
3 

•HR 4808 IH 

1 the parcel. The Secretary shall assume jurisdiction over 

2 the land acquired under this subsection. 

3 (c) APPRAISAL AND CASH EQUALIZATION PAY4 MENT.— 

5 (1) APPRAISAL.—The Secretary shall pay the 

6 costs of any appraisal performed after the date of 

7 the enactment of this Act to determine the fair mar8 ket values of the lands to be exchanged under this 

9 section. 

10 (2) CASH EQUALIZATION PAYMENT.—If the fair 

11 market values of the lands are not equal, the values 

12 shall be equalized by the payment of cash to the Sec13 retary or to the Rabons, as the circumstances dic14 tate, in accordance with section 206(b) of the Fed15 eral Land Policy and Management Act of 1976 (43 

16 U.S.C. 1716(b)). 

17 (3) CREDIT FOR INCURRED COSTS.—There 

18 shall be applied, to any equalization payment to the 

19 Secretary required to be made under paragraph (2), 

20 an amount equal to all costs incurred by the Rabons 

21 with respect to the conveyance to the United States 

22 of the land referred to in subsection (b) since Au23 gust 3, 1999, including costs incurred with respect 

24 to the attempt by the Army Corps of Engineers to 

25 obtain the land by condemnation. 
4 

•HR 4808 IH 

1 (4) TREATMENT OF PAYMENT.—Any payment 

2 received by the Secretary under paragraph (1) shall 

3 be deposited in the general fund of the State office 

4 of the Bureau of Land Management in New Mexico. 

5 Amounts so deposited shall remain available, without 

6 appropriation and until expended, to cover adminis7 trative costs and land-acquisition costs incurred by 

8 the State office. 

9 (d) NO DEVELOPMENT DESIGNATION.—The Sec10 retary shall place a no-development designation on the 

11 land acquired under subsection (b) to prevent encroach12 ment on Holloman Air Force Base, New Mexico. 

13 (e) DESCRIPTION OF PROPERTY.—The exact acreage 

14 and legal description of the lands to be exchanged under 

15 this section shall be determined by surveys satisfactory to 

16 the Secretary. The cost of the surveys shall be shared by 

17 the parties to the exchange. 

18 (f) REQUIRED DOCUMENTATION.—No additional en19 vironmental documentation or studies are required as a 

20 precondition for executing the land exchange required by 

21 this section. 

22 (g) GRAZING LEASES.—The Secretary shall seek to 

23 amend any lease authorizing grazing on the land referred 

24 to in subsection (a) to apply such lease to the land ac25 quired by the United States under subsection (b). 
5 

•HR 4808 IH 

1 (h) MAINTENANCE OF RIGHT-OF-WAY.—The Sec2 retary shall ensure that any conveyance under this section 

3 of the land referred to in subsection (a) is subject to any 

4 right-of-way held by Otero County immediately before the 

5 enactment of this Act. 

6 (i) ADDITIONAL TERMS AND CONDITIONS.—The Sec7 retary may require such additional terms and conditions 

8 in connection with the land exchange under this section 

9 as the Secretary considers appropriate to protect the inter10 ests of the United States. 

Æ