[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2696 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2696

 To clear title to certain real property in New Mexico associated with 
         the Middle Rio Grande Project, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2002

 Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To clear title to certain real property in New Mexico associated with 
         the Middle Rio Grande Project, and for other purposes.

    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 ``Albuquerque Biological Park Title 
Clarification Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that:
            (1) In 1997, the City of Albuquerque, New Mexico paid 
        $3,875,000 to the Middle Rio Grande Conservancy District to 
        acquire two parcels of land known as Tingley Beach and San 
        Gabriel Park.
            (2) The City intends to develop and improve Tingley Beach 
        and San Gabriel Park as part of its Albuquerque Biological Park 
        Project.
            (3) In 2000, the City's title to Tingley Beach and San 
        Gabriel Park was clouded by the Bureau of Reclamation's 
        assertion that MRGCD had earlier transferred its assets, 
        including Tingley Beach and San Gabriel Park, to the United 
        States as part of a 1953 grant of easement associated with the 
        Middle Rio Grande Project.
            (4) The City's ability to continue developing the 
        Albuquerque Biological Park Project has been hindered by the 
        cloud on its title.
            (5) The United States' claim of ownership is disputed by 
        the City and MRGCD in Rio Grande Silvery Minnow v. John W. 
        Keys, III, No. CV 99-1320 JP/RLP-ACE (D. N.M. filed Nov. 15, 
        1999).
            (6) Tingley Beach and San Gabriel Park are surplus to the 
        needs of the Middle Rio Grande Project.
    (b) Purpose.--The Purpose of this Act is to disclaim on behalf of 
the United States, any right, title, and interest it may have in and to 
Tingley Beach or San Gabriel Park, thereby removing the cloud on the 
City's title to these lands.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) City.--The term ``City'' means the City of Albuquerque, 
        New Mexico.
            (2) Middle rio grande conservancy district.--The terms 
        ``Middle Rio Grande Conservancy District'' and ``MRGCD'' mean a 
        political subdivision of the State of New Mexico, created in 
        1925 to provide and maintain flood protection and drainage, and 
        maintenance of ditches, canals, and distribution systems for 
        irrigation in the Middle Rio Grande Valley.
            (3) Middle rio grande project.--The term ``Middle Rio 
        Grande Project'' means the Federal reclamation project on the 
        Middle Rio Grande authorized by the Flood Control Act of 1948 
        (Public Law 80-858; 62 Stat. 1179) and the Flood Control Act of 
        1950 (Public Law 81-516).
            (4) San gabriel park.--The term ``San Gabriel Park'' means 
        the tract of land containing 40.2236 acres, more or less, 
        situated within Section 12 and Section 13, T10N, R2E, N.M.P.M., 
        City of Albuquerque, Bernalillo County, New Mexico, and 
        described by New Mexico State Plane Grid Bearings (Central 
        Zone) and ground distances in a Special Warranty Deed conveying 
        the property from MRGCD to the City, dated November 25, 1997.
            (5) Tingley beach.--The term ``Tingley Beach'' means the 
        tract of land containing 25.2005 acres, more or less, situated 
        within Section 13 and Section 24, T10N, R2E, N.M.P.M., City of 
        Albuquerque, Bernalillo County, New Mexico, and described by 
        New Mexico State Plane Grid Bearings (Central Zone) and ground 
        distances in a Special Warranty Deed conveying the property 
        from MRGCD to the City, dated November 25, 1997.

SEC. 4. DISCLAIMER OF PROPERTY INTEREST.

    (a) In General.--As of the date of enactment of this Act, the 
United States--
            (1) disclaims any right, title, and interest it may have in 
        and to Tingley Beach and San Gabriel Park; and
            (2) recognizes as valid the special warranty deeds dated 
        November 25, 1997, conveying Tingley Beach and San Gabriel Park 
        from MRGCD to the City.
    (b) Other Federal Action.--The Secretary of the Interior shall take 
any and all actions to ensure that future maps, property descriptions, 
or other relevant documents generated in association with the Middle 
Rio Grande Project, are consistent with this Act.

SEC. 5. OTHER RIGHTS, TITLE, AND INTERESTS UNAFFECTED.

    (a) In General.--Except as expressly provided in section 4, nothing 
in this Act shall be construed to affect any right, title, or interest 
in and to any land associated with the Middle Rio Grande Project.
    (b) Ongoing Litigation.--Nothing contained in this Act shall be 
construed to affect or otherwise interfere with any position set forth 
by any party in the lawsuit pending before the United States District 
Court for the District of New Mexico, No. CV 99-1320 JP/RLP-ACE, 
entitled Rio Grande Silvery Minnow v. John W. Keys, III, concerning the 
right, title, or interest in and to any property associated with the 
Middle Rio Grande Project.
                                 <all>