[Congressional Record Volume 148, Number 88 (Thursday, June 27, 2002)]
[Senate]
[Pages S6258-S6259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN:
  S. 2696. A bill to clear title to certain real property in New Mexico 
associated with the Middle Rio Grande Project, and for other purposes; 
to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, today I am pleased to introduce the 
Albuquerque Biological Park Title Clarification Act. This bill would 
assist the City of Albuquerque, NM by clearing its title to two parcels 
of land located along the Rio Grande. More specifically, it would allow 
the city to move forward with its plans to improve the properties as 
part of a Biological Park Project, a city funded initiative to create a 
premier environmental educational center for its citizens and the 
entire State of New Mexico.
  The Biological Park Project has been in the works since 1987 when the 
city began to develop an aquarium and botanic garden along the banks of 
the Rio Grande. The facilities constitutes just a portion of the 
overall project. In pursuit of the balance of the project, the city, in 
1997, purchased two properties from the Middle Rio Grande Conservancy 
District, MRGCD, for $3,875,000. The first property, Tingley Beach, had 
been leased by the city from MRGCD since 1931 and used for public park 
purposes. The second property, San Gabriel Park, had been leased by the 
city sine 1963, and also used for public park purposes.
  In the year 2000, the city's plan were interrupted when the U.S. 
Bureau of Reclamation claimed that in 1953 it had acquired ownership of 
all of MRGCD's property that is associated with the Middle Rio Grande 
Project. The United States' assertion called into question the validity 
of the 1997 transaction between the city and MRGCD. Both MRGCD and the 
city dispute the United States' claim of ownership.
  This dispute is delaying the city's progress in developing the 
Biological Park Project. If the matter is simply left to litigation, 
the delay will be both indefinite and unnecessary. Reclamation has 
already determined that the two properties are surplus to the needs of 
the Middle Rio Grande Project. Moreover, this history of this issue 
indicates that Reclamation had once considered releasing its interest 
in the properties for $1.00 each. Obviously, the Federal interest in 
these properties is low while the local interest is very high. 
Moreover, this bill would address

[[Page S6259]]

only the status of the two properties at issue. The general dispute 
concerning title to project works is left for the courts to decide.
  I hope my colleagues will work with me to help resolve this issue 
which is important to the citizens of my state. While much of what we 
do here in the Congress is complex and time-consuming work, we should 
also have the ability to move quickly when necessary and appropriate to 
solve local problems caused by federal actions. I therefore urge my 
colleagues to support this legislation.
  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. 2696

       Be it enacted by the Senate and the 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. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that:
       (1) In 1997, the City of Albuquerque, New Mexico paid 
     $3,875,000 to the Middle Rio Grande Conservancy District to 
     acquire two parcels of land known as Tingley Beach and San 
     Gabriel Park.
       (2) The City intends to develop and improve Tingley Beach 
     and San Gabriel Park as part of its Albuquerque Biological 
     Park Project.
       (3) In 2000, the City's title to Tingley Beach and San 
     Gabriel Park was clouded by the Bureau of Reclamation's 
     assertion that MRGCD had earlier transferred its assets, 
     including Tingley Beach and San Gabriel Park, to the United 
     States as part of a 1953 grant of easement associated with 
     the Middle Rio Grande Project.
       (4) The City's ability to continue developing the 
     Albuquerque Biological Park Project has been hindered by the 
     cloud on its title.
       (5) The United States' claim of ownership is disputed by 
     the City and MRGCD in Rio Grande Silvery Minnow v. John W. 
     Keys, III, No. CV 99-1320 JP/RLP-ACE (D. N.M. filed Nov. 15 
     1999).
       (6) Tingley Beach and San Gabriel Park are surplus to the 
     needs of the Middle Rio Grande Project.
       (b) Purpose.--The purpose of this Act is to disclaim on 
     behalf of the United States, any right, title, and interest 
     it may have in and to Tingley Beach and San Gabriel Park, 
     thereby removing the cloud on the City's title to these 
     lands.

     SEC. 3. DEFINITIONS.

       In this Act:
       (a) City.--The term ``City'' means the City of Albuquerque, 
     New Mexico.
       (b) 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 system for irrigation in the Middle Rio 
     Grande Valley.
       (c) Middle Rio Grande Project.--The term ``Middle Rio 
     Grande Project'' means the federal reclamation project on the 
     Middle Rio Grande authorized by the Flood Control Act of 1948 
     (Public Law 80-858; 62 Stat. 1179) and the Flood Control Act 
     of 1950 (Public Law 81-516).
       (d) 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.
       (e) 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, 
     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. DISCLAIMER OF PROPERTY INTEREST.

       (a) In General.--As of the date of enactment of this Act, 
     the United States--
       (1) disclaims any right, title, and interest it may have in 
     and to Tingley Beach and San Grabiel Park; and
       (2) recognizes as valid the special warranty deeds dated 
     November 25, 1997, conveying Tingley Beach and San Gabriel 
     Park from MRGDC to the City.
       (b) Other Federal Action.--The Secretary of the Interior 
     shall take any and all actions to ensure that future maps, 
     property descriptions, or other documents generated in 
     association with the Middle Rio Grande Project, are 
     consistent with this Act.

     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, 
     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 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, No. CV 99-1320 JP/RLP-ACE, 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.
                                 ______