[Congressional Record Volume 149, Number 12 (Thursday, January 23, 2003)]
[Senate]
[Page S1489]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 213. 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 with the support of 
my colleague Senator Domenici. This bill, which passed the Senate 
during the 107th Congress, would assist the City of Albuquerque, 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 constitute 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 
has been leased by the City from MRGCD since 1931 and used for public 
park purposes. The second property, San Gabriel Park, has been leased 
by the City since 1963, and also used for public park purposes.
  In the year 2000, the City's plans were interrupted when the U.S. 
Bureau of Reclamation asserted that in 1953, in had acquired ownership 
of all of MRGCD's property 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 with 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, the record 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. This bill is 
narrowly tailored to address this local interest, affecting only 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. 213

       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 United States claimed title to Tingley 
     Beach and San Gabriel Park by asserting that these properties 
     were transferred to the United States in the 1950's as part 
     of the establishment of the Middle Rio Grande Project.
       (4) The City's ability to continue developing the 
     Albuquerque Biological Park Project has been hindered by the 
     United States claim of title to these properties.
       (5) The United States claim of ownership over the Middle 
     Rio Grande Project properties 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 Bureau of Reclamation and the United States in 
     administering the Middle Rio Grande Project.
       (b) Purpose.--The purpose of this Act is to direct the 
     Secretary of the Interior to issue a quitclaim deed conveying 
     any right, title, and interest the United States may have in 
     and to Tingley Beach or San Gabriel Park to the City, thereby 
     removing the cloud on the City's title to these lands.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) City.--The term ``City'' means the City of Albuquerque, 
     New Mexico.
       (2) 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 systems for irrigation and water delivery and 
     operations in the Middle Rio Grande Valley.
       (3) Middle rio grande project.--The term ``Middle Rio 
     Grande Project'' means the works associated with water 
     deliveries and operations in the Rio Grande basin as 
     authorized by the Flood Control Act of 1948 (Public Law 80-
     858; 62 Stat. 1175) and the Flood Control Act of 1950 (Public 
     Law 81-516; 64 Stat. 170).
       (4) 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.
       (5) 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. CLARIFICATION OF PROPERTY INTEREST.

       (a) Required Action.--The Secretary of the Interior shall 
     issue a quitclaim deed conveying any right, title, and 
     interest the United States may have in and to Tingley Beach 
     and San Gabriel Park to the City.
       (b) Timing.--The Secretary shall carry out the action in 
     subsection (a) as soon as practicable after the date of 
     enactment of this title and in accordance with all applicable 
     law.
       (c) No Additional Payment.--The City shall not be required 
     to pay any additional costs to the United States for the 
     value of San Gabriel Park and Tingley Beach.

     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, 
     title, 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 or utilized 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.
                                 ______