[Senate Report 110-366]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 798
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-366

======================================================================



 
          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.

                                  
