Holloman Air Force Base Land Exchange Act
PL 109-470 (H.R.486), enacted 01/11/2007

120 STAT. 3550
PUBLIC LAW 109–470—JAN. 11, 2007
Public Law 109–470
109th Congress
An Act
To provide for a land exchange 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 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,
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—
Holloman Air
Force Base Land
Exchange Act.
Jan. 11, 2007
[H.R. 486]
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120 STAT. 3551
PUBLIC LAW 109–470—JAN. 11, 2007
LEGISLATIVE HISTORY—H.R. 486:
SENATE REPORTS: No. 109–313 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005): Mar. 14, considered and passed House.
Vol. 152 (2006): Dec. 7, considered and passed Senate, amended.
Dec. 8, House concurred in Senate amendment.
(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 para-
graph (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.
Approved January 11, 2007.
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