[Congressional Record (Bound Edition), Volume 150 (2004), Part 8]
[Senate]
[Page 10381]
[From the U.S. Government Publishing Office, www.gpo.gov]




          ALBUQUERQUE BIOLOGICAL PARK TITLE CLARIFICATION ACT

  The Senate proceeded to consider the bill (S. 213) to amend the 
Indian Child Protection and Family Violence Prevention Act to provide 
for the reporting and reduction of child abuse and family violence 
incidences on Indian reservations, and for other purposes, which had 
been reported from the Committee on Energy and Natural Resources, with 
an amendment, as follows:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 S. 213

       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. 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]

     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 
     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.

  The committee amendment was agreed to.
  The bill (S. 213), as amended, was passed, as follows:
  (The bill will be printed in a future edition of the Record.)

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