[Congressional Record Volume 152, Number 134 (Thursday, December 7, 2006)]
[Senate]
[Pages S11541-S11542]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               HOLLOMAN AIR FORCE BASE LAND EXCHANGE ACT

  The Senate proceeded to consider the bill (H.R. 486) 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, and for other 
purposes, which had been reported from the Committee on Energy and 
Natural Resources, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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--
       (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 
     US.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.


[[Page S11542]]


  The committee amendment in the nature of a substitute was agreed to.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 486), as amended, was read the third time and passed.

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