[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4808 Introduced in House (IH)]






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 Representatives 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 referred to as the ``Rabons''), all right, title, and interest 
of the United States in and to a parcel of public land administered 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 includes 
all surface, subsurface, mineral, and water rights, title, and 
interests of the United States in and to the parcel.
    (b) Consideration.--As consideration for the conveyance 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 contiguous 
to Holloman Air Force Base, New Mexico, and is located within the 
required safety zone surrounding munitions 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 Payment.--
            (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 market 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 Secretary or to the Rabons, as the 
        circumstances dictate, in accordance with section 206(b) of the 
        Federal 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 August 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 
        administrative costs and land-acquisition costs incurred by the 
        State office.
    (d) No Development Designation.--The Secretary shall place a no-
development designation on the land acquired under subsection (b) to 
prevent encroachment 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 environmental 
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 acquired by the United States under subsection 
(b).
    (h) Maintenance of Right-of-way.--The Secretary 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 Secretary may require 
such additional terms and conditions in connection with the land 
exchange under this section as the Secretary considers appropriate to 
protect the interests of the United States.
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