[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3023 Reported in Senate (RS)]






                                                       Calendar No. 930
106th CONGRESS
  2d Session
                                H. R. 3023

                          [Report No. 106-481]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2000

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

            October 3 (legislative day, September 22), 2000

              Reported by Mr. Murkowski, with an amendment
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
 To authorize the Secretary of the Interior, acting through the Bureau 
 of Reclamation, to convey property to the Greater Yuma Port Authority 
  of Yuma County, Arizona, for use as an international port of entry.

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

SECTION 1. CONVEYANCE OF LANDS TO THE GREATER YUMA PORT AUTHORITY.

    (a) Authority To Convey.--
            (1) In general.--The Secretary of the Interior, acting 
        through the Bureau of Reclamation, may, in the 5-year period 
        beginning on the date of the enactment of this Act and in 
        accordance with the conditions specified in subsection (b) 
        convey to the Greater Yuma Port Authority the interests 
        described in paragraph (2).
            (2) Interests described.--The interests referred to in 
        paragraph (1) are the following:
                    (A) All right, title, and interest of the United 
                States in and to the lands comprising Section 23, 
                Township 11 South, Range 24 West, G&SRBM, Lots 1-4, 
                NE\1/4\, N\1/2\ NW\1/4\, excluding lands located within 
                the 60-foot border strip, in Yuma County, Arizona.
                    (B) All right, title, and interest of the United 
                States in and to the lands comprising Section 22, 
                Township 11 South, Range 24 West, G&SRBM, East 300 feet 
                of Lot 1, excluding lands located within the 60-foot 
                border strip, in Yuma County, Arizona.
                    (C) All right, title, and interest of the United 
                States in and to the lands comprising Section 24, 
                Township 11 South, Range 24 West, G&SRBM, West 300 
                feet, excluding lands in the 60-foot border strip, in 
                Yuma County, Arizona.
                    (D) All right, title, and interest of the United 
                States in and to the lands comprising the East 300 feet 
                of the Southeast Quarter of Section 15, Township 11 
                South, Range 24 West, G&SRBM, in Yuma County, Arizona.
                    (E) The right to use lands in the 60-foot border 
                strip excluded under subparagraphs (A), (B), and (C), 
                for ingress to and egress from the international 
                boundary between the United States and Mexico.
    (b) Deed Covenants and Conditions.--Any conveyance under subsection 
(a) shall be subject to the following covenants and conditions:
            (1) A reservation of rights-of-way for ditches and canals 
        constructed or to be constructed by the authority of the United 
        States, this reservation being of the same character and scope 
        as that created with respect to certain public lands by the Act 
        of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945), as it has 
        been, or may hereafter be amended.
            (2) A leasehold interest in Lot 1, and the west 100 feet of 
        Lot 2 in Section 23 for the operation of a Cattle Crossing 
        Facility, currently being operated by the Yuma-Sonora 
        Commercial Company, Incorporated. The lease as currently held 
        contains 24.68 acres, more or less. Any renewal or termination 
        of the lease shall be by the Greater Yuma Port Authority.
            (3) Reservation by the United States of a 245-foot 
        perpetual easement for operation and maintenance of the 242 
        Lateral Canal and Well Field along the northern boundary of the 
        East 300 feet of Section 22, Section 23, and the West 300 feet 
        of Section 24 as shown on Reclamation Drawing Nos. 1292-303-
        3624, 1292-303-3625, and 1292-303-3626.
            (4) A reservation by the United States of all rights to the 
        ground water in the East 300 feet of Section 15, the East 300 
        feet of Section 22, Section 23, and the West 300 feet of 
        Section 24, and the right to remove, sell, transfer, or 
        exchange the water to meet the obligations of the Treaty of 
        1944 with the Republic of Mexico, and Minute Order No. 242 for 
        the delivery of salinity controlled water to Mexico.
            (5) A reservation of all rights-of-way and easements 
        existing or of record in favor of the public or third parties.
            (6) A right-of-way reservation in favor of the United 
        States and its contractors, and the State of Arizona, and its 
        contractors, to utilize a 33-foot easement along all section 
        lines to freely give ingress to, passage over, and egress from 
        areas in the exercise of official duties of the United States 
        and the State of Arizona.
            (7) Reservation of a right-of-way to the United States for 
        a 100-foot by 100-foot parcel for each of the Reclamation 
        monitoring wells, together with unrestricted ingress and egress 
        to both sites. One monitoring well is located in Lot 1 of 
        Section 23 just north of the Boundary Reserve and just west of 
        the Cattle Crossing Facility, and the other is located in the 
        southeast corner of Lot 3 just north of the Boundary Reserve.
            (8) An easement comprising a 50-foot strip lying North of 
        the 60-foot International Boundary Reserve for drilling and 
        operation of, and access to, wells.
            (9) A reservation by the United States of \15/16\ of all 
        gas, oil, metals, and mineral rights.
            (10) A reservation of \1/16\ of all gas, oil, metals, and 
        mineral rights retained by the State of Arizona.
            (11) Such additional terms and conditions as the Secretary 
        considers appropriate to protect the interests of the United 
        States.
    (c) Consideration.--
            (1) In general.--As consideration for the conveyance under 
        subsection (a), the Greater Yuma Port Authority shall pay the 
        United States consideration equal to the fair market value on 
        the date of the enactment of this Act of the interest conveyed.
        <DELETED>    (2) Determination.--For purposes of paragraph (1), 
        the fair market value of any interest in land shall be 
        determined--</DELETED>
                <DELETED>    (A) taking into account that the land is 
                undeveloped, that 80 acres of the land is intended to 
                be dedicated to use by the Federal Government for 
                Federal governmental purposes, and that an additional 
                substantial portion of the land is dedicated to public 
                right-of-way, highway, and transportation purposes; 
                and</DELETED>
                <DELETED>    (B) deducting the cost of compliance with 
                applicable Federal laws pursuant to subsection 
                (e).</DELETED>
            (2) Determination.--For purposes of paragraph (1), the fair 
        market value of any interest in land shall be determined taking 
        into account that the land is undeveloped, that 80 acres is 
        intended to be dedicated to use by the United States for 
        Federal governmental purposes, and that an additional 
        substantial portion of the land is dedicated to public right-
        of-way, highway, and transportation purposes.
    (d) Use.--The Greater Yuma Port Authority and its successors shall 
use the interests conveyed solely for the purpose of the construction 
and operation of an international port of entry and related activities.
    (e) Compliance With Laws.--Before the date of the conveyance, 
actions required with respect to the conveyance under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National 
Historic Preservation Act (16 U.S.C. 470 et seq.), and other applicable 
Federal laws must be completed at no cost to the United States.
    (f) Use of 60-Foot Border Strip.--Any use of the 60-foot border 
strip shall be made in coordination with Federal agencies having 
authority with respect to the 60-foot border strip.
    (g) Description of Property.--The exact acreage and legal 
description of property conveyed under this section, and of any right-
of-way that is subject to a right of use conveyed pursuant to 
subsection (a)(2)(E), shall be determined by a survey satisfactory to 
the Secretary. The cost of the survey shall be borne by the Greater 
Yuma Port Authority.
    (h) Definitions.--
            (1) 60-foot border strip.--The term ``60-foot border 
        strip'' means lands in any of the Sections of land referred to 
        in this Act located within 60 feet of the international 
        boundary between the United States and Mexico.
            (2) Greater yuma port authority.--The term ``Greater Yuma 
        Port Authority'' means Trust No. 84-184, Yuma Title & Trust 
        Company, an Arizona Corporation, a trust for the benefit of the 
        Cocopah Tribe, a Sovereign Nation, the County of Yuma, Arizona, 
        the City of Somerton, and the City of San Luis, Arizona, or 
        such other successor joint powers agency or public purpose 
        entity as unanimously designated by those governmental units.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Bureau of Reclamation.

            Passed the House of Representatives June 26, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.




                                                       Calendar No. 930

106th CONGRESS

  2d Session

                               H.R. 3023

                          [Report No. 106-481]

_______________________________________________________________________

                                 AN ACT

 To authorize the Secretary of the Interior, acting through the Bureau 
 of Reclamation, to convey property to the Greater Yuma Port Authority 
  of Yuma County, Arizona, for use as an international port of entry.

_______________________________________________________________________

            October 3 (legislative day, September 22), 2000

                       Reported with an amendment