[Congressional Record Volume 146, Number 132 (Thursday, October 19, 2000)]
[Senate]
[Pages S10838-S10839]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 GREATER YUMA PORT AUTHORITY CONVEYANCE

  Mr. SESSIONS. I ask unanimous consent the Senate proceed to the 
consideration of Calendar No. 930, H.R. 3023.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A 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.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Energy and Natural 
Resources, with an amendment; as follows:

       [Omit the part in boldface brackets and insert the part 
     printed in italic.]

                                S. 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.

[[Page S10839]]

       (2) A leasehold interest in Lot 1, and the west 100 feet of 
     Lot 2 in Section 23 for the operation 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).]
       (2) Determination.--For purposes of paragraph (1), the fair 
     market value of any interest in land shall be determined 
     taking into account that the land is undeveloped, that 80 
     acres is intended to be dedicated to use by the United States 
     for Federal governmental purposes, and that an additional 
     substantial portion of the land is dedicated to public right-
     of-way, highway, and transportation purposes.
       (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.

  Mr. SESSIONS. I ask unanimous consent the committee amendment be 
withdrawn.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 4330

  Mr. SESSIONS. Senator Murkowski has an amendment at the desk. I ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alabama [Mr. Sessions], for Mr. Murkowski, 
     proposes an amendment numbered 4330.

  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. SESSIONS. I ask unanimous consent the amendment be agreed to, the 
bill be read the third time and passed, the motion to reconsider be 
laid upon the table, and any statements relating to the bill be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4330) was agreed to.
  The bill (H.R. 3023), as amended, was read the third time and passed.

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