[Congressional Record Volume 142, Number 124 (Wednesday, September 11, 1996)]
[Senate]
[Page S10327]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 2063. A bill to limit the authority of the Secretary of the Army 
to acquire land adjacent to Abiquiu Dam in New Mexico; to the Committee 
on Environment and Public Works.


                        abiquiu dam legislation

 Mr. DOMENICI. Mr. President, today I introduce a bill that 
clarifies the intent of Congress regarding Public Law 100-522. That law 
authorized the Army Corps of Engineers to store water at Abiquiu Dam in 
northern New Mexico. The law also authorized the corps to acquire lands 
adjacent to Abiquiu Dam for recreational access purposes.
  For the past several years, the corps' Albuquerque office has been 
working to determine how the area around the dam should be developed. 
During that time, it became clear that the local community was 
extremely concerned that the corps might proceed with condemnation of 
all 6,000 acres of flood easement lands around the lake. Such an action 
would be extremely disruptive to the Abiquiu community.
  In response to those concerns, I introduced legislation last Congress 
that would have clarified that the acquisition of lands adjacent to the 
dam by the corps would be from willing sellers only. Since that time, 
the corps and the local Abiquiu Reservoir Advisory Council have been 
meeting to address the concerns of the local community.
  Both the local community and I are very appreciative of the outreach 
and involvement that the Army Corps' Albuquerque district engineer has 
shown on this issue since I introduced my legislation last Congress. 
Indeed, in July of 1995 the corps released its master plan/
environmental assessment for Abiquiu Reservoir, a plan which 
specifically reflected the intent of Public Law 100-522 by recommending 
that acquisition of land around the reservoir should only be from 
willing sellers.
  However, because of the inherent short-term nature of the position of 
Albuquerque district engineer, and because of past concerns about corps 
policy toward condemnation of land at the reservoir, the local 
community still believes, as do I, that there should be an express 
clarification of congressional intent to protect the local community at 
Abiquiu from unreasonable condemnation proceedings.
  Consequently, today I am again introducing legislation that will 
clarify congressional intent that land acquired by the corps at Abiquiu 
Dam is to be acquired from willing sellers only. This legislation will 
give the citizens of the Abiquiu area the peace of mind that they 
deserve about the integrity of their property. As one long-time Abiquiu 
resident told me recently, ``I don't want my grandchildren to have to 
go through this terrible threat of the Government taking away our 
ranch.'' My legislation will put an end to that threat, and I urge my 
colleagues to support this bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2063

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. LIMITATION ON LAND ACQUISITION.

       Section 1 of the Act entitled ``An Act to authorize 
     continued storage of water at Abiquiu Dam in New Mexico'', 
     approved October 24, 1988 (43 U.S.C. 620a note), is amended 
     by inserting immediately following ``acquire lands'' the 
     following: ``only from willing sellers''.
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