In the Senate of the United States,
December 7, 2006.
Resolved, That the bill from the House of Representa-
tives (H.R. 486) entitled ‘‘An Act to provide for a land ex-
change involving private land and Bureau of Land Manage-
ment land in the vicinity of Holloman Air Force Base, New
Mexico, for the purpose of removing private land from the re-
quired 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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Holloman Air Force
Base Land Exchange Act’’.
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SEC. 2. DEFINITIONS.
In this Act:
(1) FEDERAL LAND.—The term ‘‘Federal land’’
means the land administered by the Secretary con-
sisting of a total of approximately 320 acres, as de-
picted on the map.
(2) MAP.—The term ‘‘map’’ means the map enti-
tled ‘‘Holloman AFB Land Exchange’’ and dated
May 19, 2006.
(3) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral 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 Sec-
retary a request to exchange the non-Federal land for the
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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 applica-
ble portion of the Federal land.
(b) CONSIDERATION.—As consideration for the convey-
ance 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 acqui-
sition of the non-Federal land by the Secretary, the Sec-
retary 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 para-
graph (2), the Secretary shall carry out the land ex-
change under this section in accordance with section
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206 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716).
(2) CASH EQUALIZATION.—Notwithstanding sec-
tion 206(b) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716(b)), a cash equali-
zation payment may be made in excess of 25 percent
of the appraised value of the Federal land.
(f) NO AMENDMENT
TO MANAGEMENT PLAN RE-
QUIRED.—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 Sec-
retary may require any additional terms and conditions
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HR 486 EAS
for the land exchange that the Secretary considers to be ap-
propriate to protect the interests of the United States.
Attest:
Secretary.