[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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