[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2370 Reported in Senate (RS)]






                                                       Calendar No. 798
110th CONGRESS
  2d Session
                                S. 2370

                          [Report No. 110-366]

 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

                           November 15, 2007

 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

                             June 16, 2008

              Reported by Mr. Bingaman, 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''.

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, San Gabriel Park, or 
the BioPark Parcels to the City, thereby removing a potential 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) Biopark parcels.--The term ``BioPark Parcels'' means a 
        certain area of land containing 19.16 acres, more or less, 
        situated within the Town of Albuquerque Grant, in Projected 
        Section 13, Township 10 North, Range 2 East, N.M.P.M., City of 
        Albuquerque, Bernalillo County, New Mexico, comprised of the 
        following platted tracts and lot, and MRGCD tracts:
                    (A) Tracts A and B, Albuquerque Biological Park, as 
                the same are shown and designated on the Plat of Tracts 
                A & B, Albuquerque Biological Park, recorded in the 
                Office of the County Clerk of Bernalillo County, New 
                Mexico on February 11, 1994 in Book 94C, Page 44; 
                containing 17.9051 acres, more or less.
                    (B) Lot B-1, Roger Cox Addition, as the same is 
                shown and designated on the Plat of Lots B-1 and B-2 
                Roger Cox Addition, recorded in the Office of the 
                County Clerk of Bernalillo County, New Mexico on 
                October 3, 1985 in Book C28, Page 99; containing 0.6289 
                acres, more or less.
                    (C) Tract 361 of MRGCD Map 38, bounded on the north 
                by Tract A, Albuquerque Biological Park, on the east by 
                the westerly right-of-way of Central Avenue, on the 
                south by Tract 332B MRGCD Map 38, and on the west by 
                Tract B, Albuquerque Biological Park; containing 0.30 
                acres, more or less.
                    (D) Tract 332B of MRGCD Map 38; bounded on the 
                north by Tract 361, MRGCD Map 38, on the west by Tract 
                32A-1-A, MRGCD Map 38, and on the south and east by the 
                westerly right-of-way of Central Avenue; containing 
                0.25 acres, more or less.
                    (E) Tract 331A-1A of MRGCD Map 38, bounded on the 
                west by Tract B, Albuquerque Biological Park, on the 
                east by Tract 332B, MRGCD Map 38, and on the south by 
                the westerly right-of-way of Central Avenue and Tract 
                A, Albuquerque Biological Park; containing 0.08 acres, 
                more or less.
            (3) 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.
            (4) 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).
            (5) 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.
            (6) 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, and secs. 18 and 
        19, T10N, R3E, 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, San Gabriel Park, and the 
BioPark Parcels 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 
<DELETED>title</DELETED> 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, Tingley Beach, and the BioPark Parcels.

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, 99-CV-
01320-JAP-RHS, 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. 798

110th CONGRESS

  2d Session

                                S. 2370

                          [Report No. 110-366]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment