[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2152 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2152

  To provide for the transfer of lands contiguous to the Holloman Air 
    Force Base, New Mexico, by the Secretary of the Interior to the 
 Department of the Air Force for the construction of evaporation ponds 
  to support a wastewater treatment facility, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 25 (legislative day, May 16), 1994

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the transfer of lands contiguous to the Holloman Air 
    Force Base, New Mexico, by the Secretary of the Interior to the 
 Department of the Air Force for the construction of evaporation ponds 
  to support a wastewater treatment facility, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LAND TRANSFER FOR HOLLOMAN AIR FORCE BASE.

    (a) In General.--Subject to subsections (c) through (g), not later 
than 90 days after the date of enactment of this Act, the Secretary of 
the Interior shall transfer to the Department of the Air Force, without 
reimbursement, jurisdiction and control of approximately 1,262 acres of 
public lands described in subsection (b). Such public lands are located 
in Otero County, New Mexico, and are contiguous to Holloman Air Force 
Base.
    (b) Description of Lands Transferred.--The lands described in this 
subsection are as follows:
  

                                                                                                                
                   (1) T17S, R8E, Section 21:  S\1/2\ N\1/2\:                    160 acres                      
                                               E\1/2\ NW\1/4\ NE\1/4\:            20 acres                      
                                               NE\1/4\ NE\1/4\:                   40 acres                      
                   (2) T17S, R8E, Section 22:  W\1/2\:                           320 acres                      
                                               W\1/2\ E\1/2\:                    160 acres                      
                   (3) T17S, R8E, Section 27:  All that part north of New        192 acres more or less         
                                                Mexico Highway 70 except for                                    
                                                the E\1/2\ E\1/2\:                                              
                   (4) T17S, R8E, Section 28:  NE\1/4\:                          160 acres                      
                                               N\1/2\ SE\1/4\:                    80 acres                      
                                               SW\1/4\ SE\1/4\:                   40 acres                      
                                               W\1/2\ SE\1/4\ SE\1/4\:            20 acres                      
                   (5) T17S, R8E, Section 33:  NW\1/4\ NE\1/4\:                   40 acres                      
                                               NW\1/4\ NE\1/4\ NE\1/4\:           10 acres                      
                                               W\1/2\ SW\1/4\ NE\1/4\:            20 acres                      
                                                                                                                

    (c) Use of Transferred Land.--The lands transferred to the 
Department of the Air Force under subsection (a) shall be used by the 
Secretary of the Air Force for the construction of new evaporation 
ponds to support a wastewater treatment facility that the Secretary 
shall construct at Holloman Air Force Base.
    (d) Cattle Grazing Rights.--
            (1) In general.--The United States recognizes a grazing 
        preference on the lands transferred to the Department of the 
        Air Force under subsection (a).
            (2) Adjustment of grazing allotment.--(A) The Secretary of 
        the Air Force shall take such action as is necessary to ensure 
        that--
                    (i) the boundary of the grazing allotment that 
                contains the lands transferred to the Department of the 
                Air Force is adjusted in such manner as to retain the 
                portion of the allotment located south of United States 
                Highway 70 in New Mexico and remove the portion of the 
                lands that is located north of such highway; and
                    (ii) the grazing preference referred to in 
                paragraph (1) is retained by means of transferring the 
                preference for the area removed from the allotment 
                under subparagraph (A) to public lands located south of 
                such highway.
            (B) The Secretary of the Air Force shall offer to enter 
        into an agreement with each person who holds a permit for 
        grazing on the lands transferred to the Department of the Air 
        Force at the time of the transfer to provide for the continued 
        grazing by livestock on the portion of the lands located south 
        of such highway.
    (e) Additional Requirements.--
            (1) National environmental policy act of 1969.--The 
        Secretary of the Air Force shall ensure that the transfer made 
        pursuant to subsection (a) and the use specified in subsection 
        (c) meet any applicable requirements of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
            (2) Environmental laws.--The Secretary of the Air Force 
        shall use and manage the lands transferred under the authority 
        in subsection (a) in such manner as to ensure compliance with 
        applicable environmental laws (including regulations) of the 
        Federal Government and State of New Mexico, and political 
        subdivisions thereof.
            (3) Responsibility for cleanup of hazardous substances.--
        Notwithstanding any other provision of law, the Secretary of 
        the Air Force shall, upon the transfer of the lands under 
        subsection (a), assume any existing or subsequent 
        responsibility and liability for the cleanup of hazardous 
        substances (as defined in section 101(14) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601(14))) located on or within the lands 
        transferred.
            (4) Mining.--The transfer of lands under subsection (a) 
        shall be made in such manner as to ensure the continuation of 
        valid, existing rights under the mining laws and the mineral 
        leasing and geothermal leasing laws of the United States. 
        Subject to the preceding sentence, upon the transfer of the 
        lands, mining and mineral management activities shall be 
        carried out in the lands in a manner consistent with the 
        policies of the Department of Defense concerning mineral 
        exploration and extraction on lands under the jurisdiction of 
        the Department.
    (f) Rights-Of-Way.--The transfer of lands under subsection (a) 
shall not affect the following rights-of-way:
                    (1) The right-of-way granted to the Otero County 
                Electric Cooperative, numbered NMNM 58293.
                    (2) The right-of-way granted to U.S. West 
                Corporation, numbered NMNM 59261.
                    (3) The right-of-way granted to the Highway 
                Department of the State of New Mexico, numbered LC0 
                54403.
    (g) Public Access.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of the Air Force shall permit public access to the 
        lands transferred under subsection (a).
            (2) Construction site.--The Secretary of the Air Force may 
        not permit public access to the immediate area affected by the 
        construction of a wastewater treatment facility in the area 
        with the legal description of T17S, R8E, Section 22, except 
        that the Secretary of the Air Force shall permit public access 
        on an adjoining unfenced parcel of land--
                    (A) located along the west boundary of such area; 
                and
                    (B) that is 50 feet in width.
            (3) Public uses.--Except as provided in paragraph (2), the 
        Secretary of the Air Force shall permit, on the lands 
        transferred under subsection (a), public uses that are 
        consistent with the public uses on adjacent lands under the 
        jurisdiction of the Secretary of the Interior.
            (4) Permit not required.--The Secretary of the Air Force 
        may not require a permit for access authorized under this 
        subsection to the lands transferred under subsection (a).
            (5) Entry gate.--The Secretary of the Air Force shall 
        ensure that the entry gate to the lands transferred under 
        subsection (a) that is located along United States Highway 70 
        shall be open to the public.

                                 <all>