[Congressional Record Volume 151, Number 8 (Tuesday, February 1, 2005)]
[Senate]
[Pages S742-S743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 229. 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 my colleague 
Senator Domenici. This bill, which passed the Senate in the 108th 
Congress, is necessary to assist the City of Albuquerque, NM clear 
title to two parcels of land located along the Rio Grande. If title is 
cleared, the City will be able 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. Those facilities constitute just a portion of the 
overall project. As part of this effort, in 1997, the City 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 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, it 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 unnecessarily delaying and complicating the City's 
progress in developing the Biological Park Project. If the matter is 
simply left to litigation, the delay will be indefinite. 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 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. 
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. 229

       Be it enacted by the Senate and 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. 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

[[Page S743]]

     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.
                                 ______