[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 706 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 706
To direct the Secretary of the Interior to convey certain properties in
the vicinity of the Elephant Butte Reservoir and the Caballo Reservoir,
New Mexico.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2001
Mr. Skeen introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to convey certain properties in
the vicinity of the Elephant Butte Reservoir and the Caballo Reservoir,
New Mexico.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lease Lot Conveyance Act of 2001''.
SEC. 2. FINDINGS.
(a) Findings.--The Congress finds that the conveyance of the
Properties to the Lessees for fair market value would have the
beneficial results of--
(1) eliminating Federal payments in lieu of taxes and
associated management expenditures in connection with the
Government's ownership of the Properties, while increasing
local tax revenues from the new owners;
(2) sustaining existing economic conditions in the vicinity
of the Properties, while providing the new owners of the
Properties the security to invest in permanent structures and
improvements;
(3) adding needed jobs to the county in which the
Properties are located and increasing revenue to the county and
surrounding communities through property and gross receipt
taxes, thereby increasing economic stability and a sustainable
economy in one of the poorest counties in New Mexico; and
(4) eliminating expensive and contentious disputes between
the Secretary, the Lessees and the two irrigation districts in
the Rio Grande Project while ensuring that the Federal
Government and those districts receive full and fair value for
the sale of the Properties.
SEC. 3. DEFINITIONS.
In this Act:
(1) Fair market value.--The term ``fair market value''
means, with respect to a parcel of property, the value
determined by an independent appraiser approved by the
Secretary, the purchaser, and each of the Irrigation Districts,
based on--
(A) treatment of the property as unimproved land;
and
(B) a market comparison of similar properties in
the immediate geographic area of the appraised parcel.
(2) Irrigation districts.--The term ``Irrigation
Districts'' means the Elephant Butte Irrigation District and
the El Paso County Water Improvement District No. 1.
(3) Lessee.--The term ``Lessee'' means the leaseholder of a
Property on the date of enactment of this Act, and any heir,
executor, or assign of the leaseholder with respect to that
leasehold interest.
(4) Property.--The term ``Property'' means any of the cabin
sites comprising the Properties.
(5) Properties.--The term ``Properties'' means all the real
property comprising 403 cabin sites under the administrative
jurisdiction of the Bureau of Reclamation that are located
along the western portion of the reservoirs in Elephant Butte
State Park and Caballo State Park, New Mexico, including
easements, roads, and other appurtenances. The exact acreage
and legal description of such real property shall be determined
by the Secretary after consulting with the Purchaser.
(6) Purchaser.--The term ``Purchaser'' means the Elephant
Butte/Caballo Leaseholders Association, Inc., a nonprofit
corporation established under the laws of New Mexico.
(7) Reservoirs.--The term ``reservoirs'' means the Elephant
Butte Reservoir and the Caballo Reservoir in the State of New
Mexico.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. CONVEYANCE OF PROPERTIES.
(a) In General.--The Secretary shall convey to the Purchaser in
accordance with this Act, subject to valid existing rights, all right,
title, and interest of the United States in and to the Properties and
all appurtenances thereto, including specifically easements for--
(1) vehicular access to each Property;
(2) drainage; and
(3) access to and the use of all ramps, retaining walls,
and other improvements for which access is provided under the
leases that apply to the Properties as of the date of the enactment of
this Act.
(b) Consideration.--As consideration for any conveyance under this
section, the Secretary shall require the Purchaser to pay to the United
States fair market value of the Properties.
SEC. 5. TERMS OF CONVEYANCE.
(a) Specific Conditions.--As conditions of any conveyance to the
Purchaser under this Act, the Secretary shall require the following:
(1) Leaseholders' option.--The Purchaser shall grant to
each Lessee of a Property an option--
(A) to purchase the Property at fair market value;
or
(B) to continue leasing the Property on terms to be
negotiated with the Purchaser.
(2) Administrative costs.--Any reasonable administrative
cost incurred by the Secretary incident to the conveyance under
section 6 shall be reimbursed by the Purchaser.
(b) Restrictive Use Covenant.--
(1) In general.--To maintain the unique character of the
area in the vicinity of the Reservoirs, the Secretary shall
establish, by the terms of conveyance, use restrictions to
carry out paragraph (2) that--
(A) are appurtenant to, and run with, each
Property; and
(B) are binding upon each subsequent owner of each
Property.
(2) Access to reservoirs.--The use restrictions required by
paragraph (1) shall ensure that--
(A) public access to and along the shoreline of the
Reservoirs in existence on the date of enactment of
this Act is not obstructed;
(B) adequate public access to and along the
shoreline of the Reservoirs is maintained; and
(C) the operation of the Reservoirs by the
Secretary or the Irrigation Districts shall not result
in liability of the United States or the Irrigation
Districts for damages incurred, as a direct or indirect
result of such operation, by the owner of any Property
conveyed under this Act, including--
(i) damages for any loss of use or
enjoyment of a Property; and
(ii) damages resulting from any
modifications or construction of any reservoir
dam.
(d) Timing.--The Secretary shall make every effort to complete all
actions necessary for the conveyance of the Properties by the Secretary
under this Act not later than--
(1) 1 year after the date of enactment of this Act; and
(2) 90 days after the receipt and approval by the Purchaser
of a survey of the Properties.
(e) Payment of Consideration.--The Secretary shall provide the
Purchaser 36 months, beginning on the date of conveyance of the
Properties to the Purchaser, to pay the consideration required for the
conveyance of the Properties to the Purchaser.
(f) Reimbursement of Purchaser's Costs.--The terms of conveyance
shall authorize the Purchaser to require each Lessee to reimburse the
Purchaser for a proportionate share of the costs incurred by the
Purchaser in completing the transactions pursuant to this Act,
including any interest charges.
SEC. 6. RESOLUTION OF CLAIMS AND DISPUTES.
After conveyance of the Properties to the Purchaser, if any Lessee
has a dispute with or claim against the Purchaser or any of its
officers, directors, or members arising from the Properties, the Lessee
shall promptly give written notice of the dispute or claim to the
Purchaser. If such notice is not provided to the Purchaser within 20
days after the date the Lessee knew or should have known of such
dispute or claim, then any right of the Lessee for relief based on such
dispute or claim shall be waived. If the Lessee and the Purchaser are
unable to resolve the dispute or claim by mediation, the dispute or
claim shall be resolved by binding arbitration.
SEC. 7. USE OF PROCEEDS.
Amounts received as proceeds under this Act shall be deposited in
the reclamation fund on behalf of the Rio Grande Project and shall be
made immediately available to the Irrigation Districts under the
distribution scheme set forth in subsection I of section 4 of the Act
of December 5, 1924 (43 U.S.C. 501).
SEC. 8. FEDERAL RECLAMATION LAW.
No conveyance under this Act shall restrict or limit the authority
or ability of the Secretary to fulfill the duties of the Secretary
under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts
supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.).
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