[Congressional Record Volume 146, Number 82 (Monday, June 26, 2000)]
[House]
[Pages H5098-H5100]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            GREATER YUMA PORT AUTHORITY PROPERTY CONVEYANCE

  Mr. SHERWOOD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3023) to authorize the Secretary of the Interior, acting 
through the Bureau of Reclamation, to convey property to the Greater 
Yuma Port Authority of Yuma County, Arizona, for use as an 
international port of entry, as amended.
  The Clerk read as follows:

                               H.R. 3023

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

     SECTION 1. CONVEYANCE OF LANDS TO THE GREATER YUMA PORT 
                   AUTHORITY.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of the Interior, acting 
     through the Bureau of Reclamation, may, in the 5-year period 
     beginning on the date of the enactment of this Act and in 
     accordance with the conditions specified in subsection (b) 
     convey to the Greater Yuma Port Authority the interests 
     described in paragraph (2).
       (2) Interests described.--The interests referred to in 
     paragraph (1) are the following:
       (A) All right, title, and interest of the United States in 
     and to the lands comprising Section 23, Township 11 South, 
     Range 24 West, G&SRBM, Lots 1-4, NE\1/4\, N\1/2\ NW\1/4\, 
     excluding lands located within the 60-foot border strip, in 
     Yuma County, Arizona.
       (B) All right, title, and interest of the United States in 
     and to the lands comprising Section 22, Township 11 South, 
     Range 24 West, G&SRBM, East 300 feet of Lot 1, excluding 
     lands located within the 60-foot border strip, in Yuma 
     County, Arizona.
       (C) All right, title, and interest of the United States in 
     and to the lands comprising Section 24, Township 11 South, 
     Range 24 West, G&SRBM, West 300 feet, excluding lands in the 
     60-foot border strip, in Yuma County, Arizona.
       (D) All right, title, and interest of the United States in 
     and to the lands comprising the East 300 feet of the 
     Southeast Quarter of Section 15, Township 11 South, Range 24 
     West, G&SRBM, in Yuma County, Arizona.
       (E) The right to use lands in the 60-foot border strip 
     excluded under subparagraphs (A), (B), and (C), for ingress 
     to and egress from the international boundary between the 
     United States and Mexico.
       (b) Deed Covenants and Conditions.--Any conveyance under 
     subsection (a) shall be subject to the following covenants 
     and conditions:
       (1) A reservation of rights-of-way for ditches and canals 
     constructed or to be constructed by the authority of the 
     United States, this reservation being of the same character 
     and scope as that created with respect to certain public 
     lands by the Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 
     945), as it has been, or may hereafter be amended.
       (2) A leasehold interest in Lot 1, and the west 100 feet of 
     Lot 2 in Section 23 for the operation

[[Page H5099]]

     of a Cattle Crossing Facility, currently being operated by 
     the Yuma-Sonora Commercial Company, Incorporated. The lease 
     as currently held contains 24.68 acres, more or less. Any 
     renewal or termination of the lease shall be by the Greater 
     Yuma Port Authority.
       (3) Reservation by the United States of a 245-foot 
     perpetual easement for operation and maintenance of the 242 
     Lateral Canal and Well Field along the northern boundary of 
     the East 300 feet of Section 22, Section 23, and the West 300 
     feet of Section 24 as shown on Reclamation Drawing Nos. 1292-
     303-3624, 1292-303-3625, and 1292-303-3626.
       (4) A reservation by the United States of all rights to the 
     ground water in the East 300 feet of Section 15, the East 300 
     feet of Section 22, Section 23, and the West 300 feet of 
     Section 24, and the right to remove, sell, transfer, or 
     exchange the water to meet the obligations of the Treaty of 
     1944 with the Republic of Mexico, and Minute Order No. 242 
     for the delivery of salinity controlled water to Mexico.
       (5) A reservation of all rights-of-way and easements 
     existing or of record in favor of the public or third 
     parties.
       (6) A right-of-way reservation in favor of the United 
     States and its contractors, and the State of Arizona, and its 
     contractors, to utilize a 33-foot easement along all section 
     lines to freely give ingress to, passage over, and egress 
     from areas in the exercise of official duties of the United 
     States and the State of Arizona.
       (7) Reservation of a right-of-way to the United States for 
     a 100-foot by 100-foot parcel for each of the Reclamation 
     monitoring wells, together with unrestricted ingress and 
     egress to both sites. One monitoring well is located in Lot 1 
     of Section 23 just north of the Boundary Reserve and just 
     west of the Cattle Crossing Facility, and the other is 
     located in the southeast corner of Lot 3 just north of the 
     Boundary Reserve.
       (8) An easement comprising a 50-foot strip lying North of 
     the 60-foot International Boundary Reserve for drilling and 
     operation of, and access to, wells.
       (9) A reservation by the United States of \15/16\ of all 
     gas, oil, metals, and mineral rights.
       (10) A reservation of \1/16\ of all gas, oil, metals, and 
     mineral rights retained by the State of Arizona.
       (11) Such additional terms and conditions as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (c) Consideration.--
       (1) In general.--As consideration for the conveyance under 
     subsection (a), the Greater Yuma Port Authority shall pay the 
     United States consideration equal to the fair market value on 
     the date of the enactment of this Act of the interest 
     conveyed.
       (2) Determination.--For purposes of paragraph (1), the fair 
     market value of any interest in land shall be determined--
       (A) taking into account that the land is undeveloped, that 
     80 acres of the land is intended to be dedicated to use by 
     the Federal Government for Federal governmental purposes, and 
     that an additional substantial portion of the land is 
     dedicated to public right-of-way, highway, and transportation 
     purposes; and
       (B) deducting the cost of compliance with applicable 
     Federal laws pursuant to subsection (e).
       (d) Use.--The Greater Yuma Port Authority and its 
     successors shall use the interests conveyed solely for the 
     purpose of the construction and operation of an international 
     port of entry and related activities.
       (e) Compliance With Laws.--Before the date of the 
     conveyance, actions required with respect to the conveyance 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.), the National Historic Preservation Act 
     (16 U.S.C. 470 et seq.), and other applicable Federal laws 
     must be completed at no cost to the United States.
       (f) Use of 60-Foot Border Strip.--Any use of the 60-foot 
     border strip shall be made in coordination with Federal 
     agencies having authority with respect to the 60-foot border 
     strip.
       (g) Description of Property.--The exact acreage and legal 
     description of property conveyed under this section, and of 
     any right-of-way that is subject to a right of use conveyed 
     pursuant to subsection (a)(2)(E), shall be determined by a 
     survey satisfactory to the Secretary. The cost of the survey 
     shall be borne by the Greater Yuma Port Authority.
       (h) Definitions.--
       (1) 60-foot border strip.--The term ``60-foot border 
     strip'' means lands in any of the Sections of land referred 
     to in this Act located within 60 feet of the international 
     boundary between the United States and Mexico.
       (2) Greater yuma port authority.--The term ``Greater Yuma 
     Port Authority'' means Trust No. 84-184, Yuma Title & Trust 
     Company, an Arizona Corporation, a trust for the benefit of 
     the Cocopah Tribe, a Sovereign Nation, the County of Yuma, 
     Arizona, the City of Somerton, and the City of San Luis, 
     Arizona, or such other successor joint powers agency or 
     public purpose entity as unanimously designated by those 
     governmental units.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Reclamation.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Sherwood) and the gentleman from California (Mr. 
George Miller) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Sherwood).
  Mr. SHERWOOD. Mr. Speaker, I yield myself such time as I may consume.
  Since the early 1990s, automobile and truck traffic at the United 
States port of entry in Yuma County, Arizona, has exceeded the capacity 
of the existing port of entry. The current port is located directly in 
the heart of the City of San Luis, just south of downtown Yuma.

                              {time}  1430

  Mr. Speaker, H.R. 3023 was introduced on October 5, 1999, by the 
gentleman from Arizona (Mr. Pastor) to improve the United States Port 
of Entry in Yuma County. This bill would convey to an organization 
known as the Greater Yuma Port Authority an area of land currently 
controlled by the Bureau of Reclamation consisting of approximately 330 
acres just east of the city of San Luis for the purpose of the 
construction of a commercial Port of Entry. This land would be conveyed 
to the Greater Yuma Port Authority at fair market value.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Mr. Speaker, the gentleman from Pennsylvania (Mr. Sherwood) has 
explained the bill. There is not much more to say about this bill. It 
is a simple land transfer bill, and the land will be conveyed at a 
price that fairly reflects the value of the property. I urge our 
colleagues to support the legislation.
  Mr. PASTOR. Mr. Speaker, I rise in support of H.R. 3023 and I want to 
personally thank Chairman Young and Chairman Doolittle, and Ranking 
Member Miller and Ranking Member Dooley for there cooperation and 
persistence in moving this legislation so quickly. I also want to thank 
the Cities of Somerton, San Luis, and Yuma, the Cocopah Indian Nation, 
and the Bureau of Reclamation. Without the cooperation of all, we would 
not be considering this legislation today.
  H.R. 3023 is critical to the continued economic development of Yuma, 
Arizona. It is relatively simple legislation, but it is a tremendous 
and important step toward relieving congestion at one of the busiest 
border crossings in our nation. It would convey a portion of land, 
approximately 330 acres, to the Greater Yuma Port Authority for the 
construction and operation of an International Port of Entry.
  Since the early 1990s, the Port of Entry in Yuma County, Arizona 
began to experience serious delays, particularly with commercial 
traffic. The current Port is located directly in the heart of the City 
of San Luis, just south of downtown Yuma. Delays continued to grow over 
the years, with vehicles backing up on both sides of the border.
  Then, of course, with the passage of the North American Free Trade 
Agreement, NAFTA, the traffic has since become such that individuals 
are having to wait anywhere from two to four hours to make the 
crossing. This is particularly true in the case of commercial vehicles.

  Because of the serious impact these delays are having on commerce and 
the quality of life of the people in the region, I began working with 
the communities to develop some solution to this border crossing 
nightmare.
  H.R. 3023 would convey to the Greater Yuma Port Authority an area of 
land currently controlled by the Bureau of Reclamation just east of the 
City of San Luis, for the construction of a commercial Port of Entry. 
This land, of course, would be conveyed to the Greater Yuma Port 
Authority at ``fair market value.''
  This bill, as passed by the Committee on Resources, has been 
carefully crafted by all parties involved over several months. The 
Cities of Yuma, Somerton, and San Luis, the County of Yuma, the Cocopah 
Indian Nation, and the Bureau of Reclamation all contributed to the 
final version of this legislation. Also, the Border Patrol and the 
State Department were consulted. After several very lengthy and 
detailed meetings, all parties involved agreed with the spirit and with 
the letter of this legislation.
  The Bureau of Reclamation had several suggested changes to the 
original version. These changes were primarily technical changes and 
the simple rearrangement of Sections and phrases to better fit the flow 
of the legislative intent. All of the Bureau of Reclamations suggested 
changes were accepted by myself and the representatives of the Greater 
Yuma Port Authority and were incorporated into this bill during the 
Subcommittee on Water and Power mark-up session.
  Mr. Speaker, this is a simple land transfer which have a significant 
impact on the lives of people of Yuma. It will ensure a much more 
timely and convenient crossing for individuals and for commercial 
enterprises.
  I strongly urge my colleagues to support H.R. 3023.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion

[[Page H5100]]

offered by the gentleman from Pennsylvania (Mr. Sherwood) that the 
House suspend the rules and pass the bill, H.R. 3023, as amended.
  The question was taken.
  Mr. GEORGE MILLER of California. Mr. Speaker, on that I demand the 
yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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