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

                                                       Calendar No. 654
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

                            October 8, 2002

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Albuquerque Biological Park 
Title Clarification Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--The Congress finds that:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) The City intends to develop and improve 
        Tingley Beach and San Gabriel Park as part of its Albuquerque 
        Biological Park Project.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) The City's ability to continue developing the 
        Albuquerque Biological Park Project has been hindered by the 
        cloud on its title.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (6) Tingley Beach and San Gabriel Park are surplus 
        to the needs of the Middle Rio Grande Project.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) City.--The term ``City'' means the City of 
        Albuquerque, New Mexico.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. DISCLAIMER OF PROPERTY INTEREST.</DELETED>

<DELETED>    (a) In General.--As of the date of enactment of this Act, 
the United States--</DELETED>
        <DELETED>    (1) disclaims any right, title, and interest it 
        may have in and to Tingley Beach and San Gabriel Park; 
        and</DELETED>
        <DELETED>    (2) recognizes as valid the special warranty deeds 
        dated November 25, 1997, conveying Tingley Beach and San 
        Gabriel Park from MRGCD to the City.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 5. OTHER RIGHTS, TITLE, AND INTERESTS 
              UNAFFECTED.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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 United States claimed title to Tingley 
        Beach and San Gabriel Park by asserting that these properties 
        were transferred to the United States in the 1950's as part of 
        the establishment of the Middle Rio Grande Project.
            (4) The City's ability to continue developing the 
        Albuquerque Biological Park Project has been hindered by the 
        United States claim of title to these properties.
            (5) The United States' claim of ownership over the Middle 
        Rio Grande Project properties 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 Bureau of Reclamation and the United States in 
        administering the Middle Rio Grande Project.
    (b) Purpose.--The purpose of this Act is to direct the Secretary of 
the Interior to issue a quitclaim deed conveying any right, title, and 
interest the United States may have in and to Tingley Beach or San 
Gabriel Park to the City, 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 and water delivery and operations in the Middle Rio 
        Grande Valley.
            (3) Middle rio grande project.--The term ``Middle Rio 
        Grande Project'' means the works associated with water 
        deliveries and operations in the Rio Grande basin as 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. CLARIFICATION OF PROPERTY INTEREST.

    (a) Required Action.--The Secretary of the Interior shall issue a 
quitclaim deed conveying any right, title, and interest the United 
States may have in and to Tingley Beach and San Gabriel Park to the 
City.
    (b) Timing.--The Secretary shall carry out the action in subsection 
(a) as soon as practicable after the date of enactment of this Act and 
in accordance with all applicable law.
    (c) No Additional Payment.--The City shall not be required to pay 
any additional costs to the United States for the value of San Gabriel 
Park and Tingley Beach.

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 
constructed or utilized 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.




                                                       Calendar No. 654

107th CONGRESS

  2d Session

                                S. 2696

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                            October 8, 2002

                       Reported with an amendment