[Congressional Record Volume 153, Number 177 (Thursday, November 15, 2007)]
[Senate]
[Pages S14493-S14494]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 2370. 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. A slightly different version of this bill passed the 
Senate during the 107th, 108th, and 109th Congress. We are introducing 
this legislation again in hopes of assisting the City of Albuquerque, 
New Mexico clear title to several parcels of land located along the Rio 
Grande. If title is cleared, the city will be free to proceed with 
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 complicating the city's progress in 
developing the biological park project. If the matter is 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. In fact, the record indicates that 
Reclamation 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 tailored to address 
this local interest by disclaiming any Federal interest in the two 
properties at issue. To avoid future complications, the bill also 
disclaims any Federal interest in several other parcels associated with 
the BioPark. The general dispute concerning title to Middle Rio Grande 
Project works is left for the courts to decide.
  I hope my colleagues will work with me to resolve this issue. This 
bill represents a simple solution to a local problem caused by Federal 
action. I urge my colleagues to once again support this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2370

       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, San Gabriel Park, or the BioPark Parcels to 
     the City, thereby removing a potential 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) Biopark parcels.--The term ``BioPark Parcels'' means a 
     certain area of land containing 19.16 acres, more or less, 
     situated within the Town of Albuquerque Grant, in Projected 
     Section 13, Township 10 North, Range 2 East, N.M.P.M., City 
     of Albuquerque, Bernalillo County, New Mexico, comprised of 
     the following platted tracts and lot, and MRGCD tracts:
       (A) Tracts A and B, Albuquerque Biological Park, as the 
     same are shown and designated

[[Page S14494]]

     on the Plat of Tracts A & B, Albuquerque Biological Park, 
     recorded in the Office of the County Clerk of Bernalillo 
     County, New Mexico on February 11, 1994 in Book 94C, Page 44; 
     containing 17.9051 acres, more or less.
       (B) Lot B-1, Roger Cox Addition, as the same is shown and 
     designated on the Plat of Lots B-1 and B-2 Roger Cox 
     Addition, recorded in the Office of the County Clerk of 
     Bernalillo County, New Mexico on October 3, 1985 in Book C28, 
     Page 99; containing 0.6289 acres, more or less.
       (C) Tract 361 of MRGCD Map 38, bounded on the north by 
     Tract A, Albuquerque Biological Park, on the east by the 
     westerly right-of-way of Central Avenue, on the south by 
     Tract 332B MRGCD Map 38, and on the west by Tract B, 
     Albuquerque Biological Park; containing 0.30 acres, more or 
     less.
       (D) Tract 332B of MRGCD Map 38; bounded on the north by 
     Tract 361, MRGCD Map 38, on the west by Tract 32A-1-A, MRGCD 
     Map 38, and on the south and east by the westerly right-of-
     way of Central Avenue; containing 0.25 acres, more or less.
       (E) Tract 331A-1A of MRGCD Map 38, bounded on the west by 
     Tract B, Albuquerque Biological Park, on the east by Tract 
     332B, MRGCD Map 38, and on the south by the westerly right-
     of-way of Central Avenue and Tract A, Albuquerque Biological 
     Park; containing 0.08 acres, more or less.
       (3) 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.
       (4) 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).
       (5) 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.
       (6) 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, and 
     secs. 18 and 19, T10N, R3E, 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, 
     San Gabriel Park, and the BioPark Parcels 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, Tingley Beach, and the BioPark 
     Parcels.

     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, 99-CV-01320-JAP-RHS, 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.
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