[Congressional Record Volume 150, Number 119 (Tuesday, September 28, 2004)]
[House]
[Pages H7669-H7670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




LAND EXCHANGE INVOLVING PRIVATE AND PUBLIC LAND IN VICINITY OF HOLLOMAN 
                       AIR FORCE BASE, NEW MEXICO

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and pass the 
bill (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, as amended.
  The Clerk read as follows:

                               H.R. 4808

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

     SECTION 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 
     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentlewoman from Guam (Ms. 
Bordallo) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Radanovich).
  Mr. RADANOVICH. Mr. Speaker, I yield 2\1/2\ minutes to the gentleman 
from New Mexico (Mr. Pearce), the author of the bill.
  Mr. PEARCE. Mr. Speaker, I rise in strong support of H.R. 4808 and 
would like to thank the gentleman from California (Chairman Pombo) and 
the gentleman from West Virginia (Ranking Member Rahall), the gentleman 
from California (Mr. Radanovich), the subcommittee chairman, and the 
gentlewoman from the Virgin Islands (Mrs. Christensen), the ranking 
member, for working with me on this important legislation and for 
moving it expeditiously. I also appreciate the bipartisan support from 
the Committee on Resources members in reaching a compromise that is 
reflected in this legislation.
  The need for Congress to pass H.R. 4808 arose when a munitions 
storage bunker was built at Holloman Air Force Base in 1997 and 1998. 
Holloman Air Force Base serves both the United States' and the German 
Air Force's training and readiness functions, with Holloman being the 
home to the F-117 stealth fighter. The Holloman air-to-ground training 
ranges consist of 1,385,262 acres, almost exclusively in Federal land, 
and air-to-air training ranges provide 8,352,878 acres of airspace for 
national security and training. The total military training routes at 
Holloman Air Force Base is 8,657,964 acres, which includes DOD, DOI, 
USDA and private lands.
  Without an explosive clear zone, Holloman Air Force Base is unable to 
fully utilize the designed capacity of the bunker, and it adversely 
impacts the storage quantity of munitions required for training and 
operations. This directly impacts the ability of Holloman Air Force 
Base to fully meet its mission of training, readiness, and national 
security, as well as training our NATO partner, Germany. The cost to 
replace the munitions storage area is estimated by the Air Force to be 
$40 million.
  The problem is the proposed explosive clear zone encroaches on 
private property. The Federal Government originally sought to take the 
private property through condemnation, leaving little choice but for 
the property owners to vigorously defend their private property rights. 
This bill resolves the issue and protects both private property and the 
investment made by the Air Force, and would simply exchange Federal 
lands in close proximity to ranch boundaries.
  Mr. Speaker, this bill reverses a history of over 50 years of the 
Federal Government either coercing, cajoling, or confiscating property 
from the landowners. I am proud that the 2nd District has so much land 
to offer to the Federal Government. I will tell my colleagues that we 
should not continue to get it through confiscation.
  I would like to thank the committee staff members, both minority and 
majority, for working with my staff member Matt Meagher over the 
weekend, through the nights, and through very difficult hurdles to 
solve this bill. This bill protects our national security, saves the 
taxpayers a minimum $40 million, protects private property, guarantees 
the Federal Government will receive value for value given, and is fair 
to all the parties concerned.
  I urge my colleagues to support H.R. 4808.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, we have no objection to the consideration of this 
measure.
  Ms. WILSON of New Mexico. Mr. Speaker, I rise today to support S. 
643, the Hibben Center Act. S. 643 is identical to H.R. 3258, a bill 
that I introduced on November 7, 2003 and that was favorable reported 
by the House Resources Committee on September 9, 2004.
  For six centuries, massive prehistoric structures lay untouched in a 
remote area of northwestern New Mexico. Chaco Canyon was the home of 
many indigenous southwestern peoples from between A.D. 850 and 1250. 
The Pueblo peoples of New Mexico, the Hopi of Arizona, and the Navajo 
consider Chaco Canyon to be part of their ancestral homelands.
  In recognition of its significance, President Theodore Roosevelt 
designated Chaco Canyon a national monument in 1907 and Congress 
changed the park's designation to a national historical park in 1980.
  The University of New Mexico (UNM) has participated in exploring, 
preserving, and documenting Chaco Canyon's extensive archaeological 
sites since Chaco Canyon National Monument was founded in 1907. In 
1949,

[[Page H7670]]

UNM deeded its lands in Chaco Canyon National Monument to the United 
States Government in exchange for continued rights to conduct 
scientific research in the area. Since then, UNM and the National Park 
Service (NPS) have been partners in researching and reserving the Chaco 
Canyon collection.
  S. 643 is an authorization bill, allowing the NPS to spend money away 
from Park Service lands for this collection. Specifically, this bill 
will allow the Park Service to design and construct a museum, storage 
facility, and workspace in the Hibben Archaeological Research Center on 
the University of New Mexico campus in Albuquerque, New Mexico. Funding 
for this project has already been appropriated in the National Park 
Service Line Item Construction Program 5-year budget, for funding in FY 
2006. This project will require no additional or new money from 
Congress.
  Continuing the longstanding relationship with UNM, the shell of the 
Hibben Center and academic spaces have already been built by UNM with 
an area unfinished for the Park Service to build out for its Chaco 
Collection if Congress authorizes it.
  Additionally, there will be no ongoing operational costs for the Park 
Service because UNM has agreed to be responsible for 100 percent of the 
ongoing utilities, maintenance, and operation costs associated with the 
project.
  Over 5 million artifacts excavated from Chaco Canyon are stored at 
UNM. Unfortunately, they are currently housed in three substandard 
facilities that have water pipes that leak on the collection; 
inadequate or non-existent security and fire protection systems; and no 
environmental controls. In one instance, the tin roofing was blown off 
a storage facility exposing artifacts to leaking tar.
  A primary component of the project is to create a single storage 
facility for the artifacts that will provide enhanced security, 
environmental controls such as proper temperature and humidity levels, 
and a fire detection and suppression system. In addition to storing the 
Chaco Canyon collection, the Hibben Center will provide Chacoan 
descendents, researchers, and students a single location from which to 
access artifacts, archives, and data collections.
  In closing, I would like to thank Chairman Pombo and Subcommittee 
Chairman Radanovich for a their work on this bill and for moving this 
bill through the House Resources Committee. I urge swift passage of 
this legislation.
  Ms. BORDALLO. Mr. Speaker, I yield back the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and pass the bill, H.R. 4808, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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