109 HR 486 RS: Holloman Air Force Base Land Exchange Act U.S. House of Representatives 2006-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
II Calendar No. 556 109th CONGRESS 2d Session H. R. 486 [Report No. 109–313] IN THE SENATE OF THE UNITED STATES March 15, 2005 Received; read twice and referred to the Committee on Energy and Natural Resources July 31, 2006 Reported by Mr. Domenici, with an amendment Strike out all after the enacting clause and insert the part printed in italic AN ACT 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.
1.
Land exchange, 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 certain public land administered by the Secretary through the Bureau of Land Management consisting of a total of approximately 320 acres, as depicted on the map entitled Alamogordo Rabon Land Exchange and dated September 24, 2004, and more specifically described as follows: (1)SE1/4 of section 6, township 17 south, range 10 east, New Mexico principal meridian. (2)N1/2N1/2 of section 7, township 17 south, range 10 east, New Mexico principal meridian. (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 held by the Rabons in and to three parcels of land depicted on the map referred to in subsection (a), which 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 Secretary shall assume jurisdiction over the land acquired under this subsection. The three parcels are more specifically described as follows: (1)Lot 4 in the S1/2 of section 30, township 16 south, range 9 east, New Mexico principal meridian, consisting of approximately 17.6 acres. (2)E1/2SW1/4 of section 31, township 16 south, range 9 east, New Mexico principal meridian, consisting of approximately 80 acres. (3)Lots 1, 2, 3, and 4 of section 31, township 16 south, range 9 east, New Mexico principal meridian, consisting of approximately 143 acres. (c)
Interests Included in Exchange
Subject to valid existing rights, the land exchange under this section shall include conveyance of all surface, subsurface, mineral, and water rights in the lands. (d)
Compliance With Existing Law
(1)The Secretary shall carry out the land exchange under this section in the manner provided in section 206 of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1716). Notwithstanding subsection (b) of such section, if necessary, a cash equalization payment may be made in excess of 25 percent of the appraised value of the public land to be conveyed under subsection (a). (2)The cost of the appraisals performed as part of the land exchange shall be borne by the Secretary. (e)
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.
1.
Short title
This Act may be cited as the Holloman Air Force Base Land Exchange Act.
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.
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— (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 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 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.
July 31, 2006 Reported with an amendment