[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session] [From the U.S. Government Printing Office, www.gpo.gov] 120 STAT. 3550 Public Law 109-470 109th Congress 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. NOTE: Jan. 11, 2007 - [H.R. 486] Be it enacted by the Senate and House of Representatives of the United States of America in Congress NOTE: Holloman Air Force Base Land Exchange Act. assembled, 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-- [[Page 3551]] 120 STAT. 3551 (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. Approved January 11, 2007. LEGISLATIVE HISTORY--H.R. 486: --------------------------------------------------------------------------- SENATE REPORTS: No. 109-313 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 151 (2005): Mar. 14, considered and passed House. Vol. 152 (2006): Dec. 7, considered and passed Senate, amended. Dec. 8, House concurred in Senate amendment.