[Senate Report 110-366]
[From the U.S. Government Publishing Office]
Calendar No. 798
110th Congress Report
SENATE
2d Session 110-366
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ALBUQUERQUE BIOLOGICAL PARK TITLE CLARIFICATION ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2370]
The Committee on Energy and Natural Resources, to which was
referred the Act (S. 2370) to clear title to certain real
property in New Mexico associated with the Middle Rio Grande
Project, and for other purposes, having considered the same,
reports favorably thereon without amendment and recommends that
the Act do pass.
PURPOSE OF THE MEASURE
The purpose of S. 2370 is to clear title to certain real
property in New Mexico associated with the Middle Rio Grande
Project, and for other purposes.
BACKGROUND AND NEED
The Albuquerque 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. In pursuit of
the project, the city, in 1997, purchased two properties from
the Middle Rio Grande Conservancy District (MRGCD) for
$3,875,000. At the time, it was thought that the properties
were only subject to an easement interest held by the U.S.
Bureau of Reclamation. These properties are important to the
city's plans to develop the Park which will serve as an
environmental education center for its citizens.
In the year 2000, the city's plan was interrupted when the
U.S. Bureau of Reclamation claimed it had actually acquired
ownership of all of MRGCD's property associated with the Middle
Rio Grande Project. Reclamation's 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 legislation would resolve the title
dispute as it applies to these two parcels of land, as well as
other lands in the area. Reclamation has determined that the
two primary properties at issue are surplus to the needs of the
Middle Rio Grande project.
LEGISLATIVE HISTORY
S. 2370 was introduced by Senator Bingaman for himself and
Senator Domenici on November 15, 2007, and referred to the
Committee on Energy and Natural Resources. The Water and Power
Subcommittee held a hearing on S. 2370 on February 28, 2008. At
its business meeting on May 7, 2008, the Committee on Energy
and Natural Resources ordered S. 2370 favorably reported.
A similar measure was reported by the Committee on Energy
and Natural Resources and passed the Senate during the 107th,
108th, and 109th Congresses (S. 2696; S. 213; and S. 229
respectively).
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by voice vote of a quorum
present, recommends that the Senate pass S. 2370.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title of the Act.
Section 2 states the purpose of the Act.
Section 3 defines a number of key terms used in the Act.
Section 4(a) directs the Secretary of the Interior to issue
a quitclaim deed to the City of Albuquerque for three sets of
property.
Section 4(b) states that the Secretary should convey title
as soon as practicable after the date of enactment and in
accordance with all applicable law.
Section 4(c) states that the city is not required to pay
any additional costs to the United States for the value of the
two properties.
Section 5(a) states that nothing in the Act shall be
construed to affect any right, title, or interest in and to any
other land associated with the Middle Rio Grande Project.
Section 5(b) states that nothing in this Act shall be
construed to affect or otherwise interfere with the identified
litigation.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2370--Albuquerque Biological Park Title Clarification Act
S. 2370 would direct the Secretary of the Interior to issue
a quitclaim deed conveying all right, title, and interest of
the federal government in three properties to the city of
Albuquerque, New Mexico. The properties are known as the
BioPark parcels, Tingley Beach, and San Gabriel Park.
CBO estimates that implementing the legislation would have
no significant impact on the federal budget. The federal
government currently does not generate any income from these
properties, nor does it spend any funds to operate or maintain
them. Further, the government would not receive any
compensation from the city for these lands. The properties are
part of a larger reclamation project called the Middle Rio
Grande Project, which is operated primarily by the Middle Rio
Grande Conservancy District. Enacting S. 2370 would not affect
direct spending or revenues.
S. 2370 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
Enacting this legislation would benefit the city of Albuquerque
by giving it clear title to the land.
The CBO staff contact for this estimate is Tyler Kruzich.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2370. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2370, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2370, as reported, does not contain any congressionally
directed spending items, limited tax benefits, or limited
tariff benefits as defined by rule XLIV of the Standing Rules
of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Reclamation at the
Subcommittee on Water and Power of the Senate Committee on
Energy and Natural Resources hearing on February 28, 2008 on S.
2370 follows:
Statement of Robert J. Quint, Director of Operations, Bureau of
Reclamation, Department of the Interior
Mr. Chairman and members of the Subcommittee, I am Robert
J. Quint, Director of Operations, Bureau of Reclamation. Thank
you for the opportunity to appear today to present the
Administration's views on S. 2370, which would transfer title
to real property in New Mexico associated with the Middle Rio
Grande Project and for other purposes.
The Department is not opposed to the concept of
transferring ownership of the lands described in this
legislation to another entity. However, given current
circumstances including ongoing litigation and lack of any
excess-lands determination or appraisal of the lands identified
for transfer, the Department feels that this proposed
legislation is premature.
A history of the ownership of this property will help
explain the circumstances leading to the introduction of this
bill. The Bureau of Reclamation acquired interests in Middle
Rio Grande Project works through a conveyance document granted
by the Middle Rio Grande Conservancy District (MRGCD) on
November 24, 1953. The lands involved with the proposed
legislation were included in that conveyance, and the United
States has not relinquished its interest in those specific
parcels. On November 25, 1997, MRGCD and the City of
Albuquerque (City) entered into a real estate sales agreement
through which the MRGCD sold the City approximately 65 acres of
land associated with San Gabriel Park and Tingley Beach for
$3,875,000.
Article 7 of the sales agreement recognizes that the United
States holds an interest in the properties, and MRGCD agreed to
obtain a release of this interest from the United States. The
sale was completed but the United States has never executed any
release.
The Department has been a defendant in litigation that
sought to quiet title to properties associated with the Middle
Rio Grande Project. While the litigation did not specifically
name the properties associated with Tingley Beach or San
Gabriel Biological Park, the U.S. District Court for the
District of New Mexico found in July 2005 that title to all
Middle Rio Grande project properties is vested in the United
States. This decision is now being considered on appeal to the
10th Circuit.
In light of the litigation and the uncertainty that
surrounded the title question before the District court's
recent decision, the City of Albuquerque initiated improvements
on this property under a License Agreement with Reclamation.
The City has developed and improved San Gabriel Park and has
created fishing ponds, a snack bar and other recreational
facilities at Tingley Beach. They have also installed a small
train which runs between the Albuquerque Biological Park
(BioPark) and Tingley Beach. The BioPark has been fully
developed by the city into an aquarium, botanic garden, a small
farm and a refugium for the endangered Rio Grande silvery
minnow.
The City of Albuquerque developed the Park and associated
properties for public uses that benefit Albuquerque's citizens.
The manner in which the City of Albuquerque obtained the
property from the Middle Rio Grande Conservancy District was
inconsistent with established procedures for conveying title to
federal property to another party. Nevertheless, the Department
does not believe this was the result of carelessness or neglect
on the part of the City of Albuquerque, nor does the Department
believe this was an intentional encumbrance of federal
property.
The Department is reluctant to support transfers of title
to federal property when those transfers circumvent existing
procedures provided by generally applicable legislation.
Federal policy generally requires that adequate consideration
be paid to the United States before title is transferred.
Mr. Chairman, that concludes my remarks and I would be
happy to respond to any questions the Committee may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 2370, as
ordered reported.