[Congressional Record (Bound Edition), Volume 151 (2005), Part 4]
[House]
[Pages 4519-4520]
[From the U.S. Government Publishing Office, www.gpo.gov]




    LAND EXCHANGE IN VICINITY OF HOLLOMAN AIR FORCE BASE, NEW MEXICO

  Mr. JONES of North Carolina. Mr. Speaker, I move to suspend the rules 
and pass 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.
  The Clerk read as follows:

                                H.R. 486

       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) SE\1/4\ of section 6, township 17 south, range 10 east, 
     New Mexico principal meridian.
       (2) N\1/2\N\1/2\ 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
North Carolina (Mr. Jones) and the gentlewoman from the Virgin Islands 
(Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from North Carolina (Mr. Jones).


                             General Leave

  Mr. JONES of North Carolina. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days within which to revise and 
extend their remarks and include extraneous material on H.R. 486, the 
bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. JONES of North Carolina. Mr. Speaker, I yield myself such time as 
I may consume.
  Mr. Speaker, H.R. 486, introduced by the gentleman from New Mexico 
(Mr. Pearce), would provide for a land exchange involving private land 
and land managed by the Bureau of Land Management in the vicinity of 
Holloman Air Force Base in New Mexico for the purpose of removing that 
land from a required safety zone surrounding munitions storage bunkers 
at the Air Force base.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from New Mexico (Mr. Pearce), the author of this bill.
  Mr. PEARCE. Mr. Speaker, I rise in support of H.R. 486 and would like 
to thank the gentleman from California

[[Page 4520]]

(Chairman Pombo) and the gentleman from West Virginia (Ranking Member 
Rahall) for working with me on this important legislation. I appreciate 
the bipartisan support from the Committee on Resources members and the 
ranking member of the subcommittee, the gentlewoman from the Virgin 
Islands (Mrs. Christensen), in reaching a compromise that is reflected 
in this legislation.
  The need for Congress to pass H.R. 486 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 German Air Force's 
training and readiness functions. The Holloman air to ground training 
ranges consist of 1,385,262 acres, almost exclusively Federal land, and 
air to air training ranges providing 8,352,878 acres of air space for 
national security and training. The total military training routes at 
Holloman Air Force Base is 8,657,964. That is 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 capacity 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 
a minimum of $40 million today, and more if this bill is delayed.
  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 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. This bill protects our national security, saves the 
taxpayers a minimum of $40 million and protects private property and is 
fair to all parties concerned.
  I urge my colleagues to join me in passing H.R. 486.
  Mr. JONES of North Carolina. Mr. Speaker, I reserve the balance of my 
time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, it is unfortunate that the private landowners in this 
case were unable to reach an agreement with the Air Force to resolve 
this ongoing dispute. However, because ensuring that Holloman Air Force 
Base operates effectively and safely is critical to both the Air Force 
and the residents who live and work near the base, we have worked 
closely with the gentleman from New Mexico (Mr. Pearce) to craft a 
legislative solution.
  Compared to the version of this legislation introduced in the 
previous Congress, H.R. 486 contains a number of changes made at the 
request of the minority, and we appreciate the inclusion of those 
changes, and at this time we would not oppose the adoption of H.R. 486.
  Mr. Speaker, I have no further speakers, and I yield back the balance 
of my time.
  Mr. JONES of North Carolina. Mr. Speaker, I urge adoption of this 
bill. I have no other speakers, and I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from North Carolina (Mr. Jones) that the House suspend the 
rules and pass the bill, H.R. 486.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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