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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LAND EXCHANGE OF PRIVATE AND PUBLIC 
LAND IN VICINITY OF HOLLOMAN AIR FORCE 
BASE, NEW MEXICO. 
(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 re-
ferred to as the ‘‘Rabons’’), all right, title, and interest 
of the United States in and to a parcel of public land ad-
ministered by the Secretary through the Bureau of Land 
Management that consists of approximately 320 acres and 
is a Bureau of Land Management inholding within lands 
owned by the Rabons. The conveyance of the parcel in-
cludes all surface, subsurface, mineral, and water rights, 
title, and interests of the United States in and to the par-
cel. 
(b) CONSIDERATION.—As consideration for the con-
veyance of the real property under subsection (a), the 
Rabons shall convey to the United States all right, title, 
and interest of held by the Rabons in and to a parcel of 
land that consists of approximately 241 acres, is contig-
uous to Holloman Air Force Base, New Mexico, and is 
located within the required safety zone surrounding muni-
tions storage bunkers at the installation. The conveyance 
of the parcel includes all surface, subsurface, mineral, and 
water rights, title, and interests of the Rabons in and to
the parcel. The Secretary shall assume jurisdiction over 
the land acquired under this subsection. 
(c) APPRAISAL
AND
CASH
EQUALIZATION
PAY-
MENT.— 
(1) APPRAISAL.—The Secretary shall pay the 
costs of any appraisal performed after the date of 
the enactment of this Act to determine the fair mar-
ket values of the lands to be exchanged under this 
section. 
(2) CASH EQUALIZATION PAYMENT.—If the fair 
market values of the lands are not equal, the values 
shall be equalized by the payment of cash to the Sec-
retary or to the Rabons, as the circumstances dic-
tate, in accordance with section 206(b) of the Fed-
eral Land Policy and Management Act of 1976 (43 
U.S.C. 1716(b)). 
(3) CREDIT
FOR
INCURRED
COSTS.—There 
shall be applied, to any equalization payment to the 
Secretary required to be made under paragraph (2), 
an amount equal to all costs incurred by the Rabons 
with respect to the conveyance to the United States 
of the land referred to in subsection (b) since Au-
gust 3, 1999, including costs incurred with respect 
to the attempt by the Army Corps of Engineers to 
obtain the land by condemnation.
(4) TREATMENT OF PAYMENT.—Any payment 
received by the Secretary under paragraph (1) shall 
be deposited in the general fund of the State office 
of the Bureau of Land Management in New Mexico. 
Amounts so deposited shall remain available, without 
appropriation and until expended, to cover adminis-
trative costs and land-acquisition costs incurred by 
the State office. 
(d) NO DEVELOPMENT DESIGNATION.—The Sec-
retary shall place a no-development designation on the 
land acquired under subsection (b) to prevent encroach-
ment on Holloman Air Force Base, New Mexico. 
(e) DESCRIPTION OF PROPERTY.—The exact acreage 
and legal description of the lands to be exchanged under 
this section shall be determined by surveys satisfactory to 
the Secretary. The cost of the surveys shall be shared by 
the parties to the exchange. 
(f) REQUIRED DOCUMENTATION.—No additional en-
vironmental documentation or studies are required as a 
precondition for executing the land exchange required by 
this section. 
(g) GRAZING LEASES.—The Secretary shall seek to 
amend any lease authorizing grazing on the land referred 
to in subsection (a) to apply such lease to the land ac-
quired by the United States under subsection (b).
(h) MAINTENANCE
OF RIGHT-OF-WAY.—The Sec-
retary shall ensure that any conveyance under this section 
of the land referred to in subsection (a) is subject to any 
right-of-way held by Otero County immediately before the 
enactment of this Act. 
(i) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the land exchange under this section 
as the Secretary considers appropriate to protect the inter-
ests of the United States. 
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