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H.R. 486 (109th): Holloman Air Force Base Land Exchange Act

The text of the bill below is as of Jul 31, 2006 (Reported by Senate Committee).


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 , 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.

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