[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 213 Reported in Senate (RS)]






                                                       Calendar No. 439
108th CONGRESS
  2d Session
                                 S. 213

                          [Report No. 108-229]

 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

                            January 23, 2004

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

                             March 9, 2004

              Reported by Mr. Domenici, with an amendment
  [Omit the part struck through 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Albuquerque Biological Park Title 
Clarification Act''.

<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 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to 
direct</DELETED>

SEC. 2. 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. 
        1175) and the Flood Control Act of 1950 (Public Law 81-516; 64 
        Stat. 170).
            (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 title 
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 
construed 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. 439

108th CONGRESS

  2d Session

                                 S. 213

                          [Report No. 108-229]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             March 9, 2004

                       Reported with an amendment