[House Report 106-699]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-699
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CONVEYANCE OF LANDS TO THE GREATER YUMA PORT AUTHORITY
_______
June 26, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3023]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3023) to authorize the Secretary of the Interior, acting
through the Bureau of Reclamation, to convey property to the
Greater Yuma Port Authority of Yuma County, Arizona, for use as
an international port of entry, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. CONVEYANCE OF LANDS TO THE GREATER YUMA PORT AUTHORITY.
(a) Authority To Convey.--
(1) In general.--The Secretary of the Interior, acting
through the Bureau of Reclamation, may, in the 5-year period
beginning on the date of the enactment of this Act and in
accordance with the conditions specified in subsection (b)
convey to the Greater Yuma Port Authority the interests
described in paragraph (2).
(2) Interests described.--The interests referred to in
paragraph (1) are the following:
(A) All right, title, and interest of the United
States in and to the lands comprising Section 23,
Township 11 South, Range 24 West, G&SRBM, Lots 1-4,
NE\1/4\, N\1/2\ NW\1/4\, excluding lands located within
the 60-foot border strip, in Yuma County, Arizona.
(B) All right, title, and interest of the United
States in and to the lands comprising Section 22,
Township 11 South, Range 24 West, G&SRBM, East 300 feet
of Lot 1, excluding lands located within the 60-foot
border strip, in Yuma County, Arizona.
(C) All right, title, and interest of the United
States in and to the lands comprising Section 24,
Township 11 South, Range 24 West, G&SRBM, West 300
feet, excluding lands in the 60-foot border strip, in
Yuma County, Arizona.
(D) All right, title, and interest of the United
States in and to the lands comprising the East 300 feet
of the Southeast Quarter of Section 15, Township 11
South, Range 24 West, G&SRBM, in Yuma County, Arizona.
(E) The right to use lands in the 60-foot border
strip excluded under subparagraphs (A), (B), and (C),
for ingress to and egress from the international
boundary between the United States and Mexico.
(b) Deed Covenants and Conditions.--Any conveyance under subsection
(a) shall be subject to the following covenants and conditions:
(1) A reservation of rights-of-way for ditches and canals
constructed or to be constructed by the authority of the United
States, this reservation being of the same character and scope
as that created with respect to certain public lands by the Act
of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945), as it has
been, or may hereafter be amended.
(2) A leasehold interest in Lot 1, and the west 100 feet of
Lot 2 in Section 23 for the operation of a Cattle Crossing
Facility, currently being operated by the Yuma-Sonora
Commercial Company, Incorporated. The lease as currently held
contains 24.68 acres, more or less. Any renewal or termination
of the lease shall be by the Greater Yuma Port Authority.
(3) Reservation by the United States of a 245-foot perpetual
easement for operation and maintenance of the 242 Lateral Canal
and Well Field along the northern boundary of the East 300 feet
of Section 22, Section 23, and the West 300 feet of Section 24
as shown on Reclamation Drawing Nos. 1292-303-3624, 1292-303-
3625, and 1292-303-3626.
(4) A reservation by the United States of all rights to the
ground water in the East 300 feet of Section 15, the East 300
feet of Section 22, Section 23, and the West 300 feet of
Section 24, and the right to remove, sell, transfer, or
exchange the water to meet the obligations of the Treaty of
1944 with the Republic of Mexico, and Minute Order No. 242 for
the delivery of salinity controlled water to Mexico.
(5) A reservation of all rights-of-way and easements existing
or of record in favor of the public or third parties.
(6) A right-of-way reservation in favor of the United States
and its contractors, and the State of Arizona, and its
contractors, to utilize a 33-foot easement along all section
lines to freely give ingress to, passage over, and egress from
areas in the exercise of official duties of the United States
and the State of Arizona.
(7) Reservation of a right-of-way to the United States for a
100-foot by 100-foot parcel for each of the Reclamation
monitoring wells, together with unrestricted ingress and egress
to both sites. One monitoring well is located in Lot 1 of
Section 23 just north of the Boundary Reserve and just west of
the Cattle Crossing Facility, and the other is located in the
southeast corner of Lot 3 just north of the Boundary Reserve.
(8) An easement comprising a 50-foot strip lying North of the
60-foot International Boundary Reserve for drilling and
operation of, and access to, wells.
(9) A reservation by the United States of \15/16\ of all gas,
oil, metals, and mineral rights.
(10) A reservation of \1/16\ of all gas, oil, metals, and
mineral rights retained by the State of Arizona.
(11) Such additional terms and conditions as the Secretary
considers appropriate to protect the interests of the United
States.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the Greater Yuma Port Authority shall pay the
United States consideration equal to the fair market value on
the date of the enactment of this Act of the interest conveyed.
(2) Determination.--For purposes of paragraph (1), the fair
market value of any interest in land shall be determined--
(A) taking into account that the land is undeveloped,
that 80 acres of the land is intended to be dedicated
to use by the Federal Government for Federal
governmental purposes, and that an additional
substantial portion of the land is dedicated to public
right-of-way, highway, and transportation purposes; and
(B) deducting the cost of compliance with applicable
Federal laws pursuant to subsection (e).
(d) Use.--The Greater Yuma Port Authority and its successors shall
use the interests conveyed solely for the purpose of the construction
and operation of an international port of entry and related activities.
(e) Compliance With Laws.--Before the date of the conveyance, actions
required with respect to the conveyance under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National
Historic Preservation Act (16 U.S.C. 470 et seq.), and other applicable
Federal laws must be completed at no cost to the United States.
(f) Use of 60-Foot Border Strip.--Any use of the 60-foot border strip
shall be made in coordination with Federal agencies having authority
with respect to the 60-foot border strip.
(g) Description of Property.--The exact acreage and legal description
of property conveyed under this section, and of any right-of-way that
is subject to a right of use conveyed pursuant to subsection (a)(2)(E),
shall be determined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Greater Yuma Port Authority.
(h) Definitions.--
(1) 60-foot border strip.--The term ``60-foot border strip''
means lands in any of the Sections of land referred to in this
Act located within 60 feet of the international boundary
between the United States and Mexico.
(2) Greater yuma port authority.--The term ``Greater Yuma
Port Authority'' means Trust No. 84-184, Yuma Title & Trust
Company, an Arizona Corporation, a trust for the benefit of the
Cocopah Tribe, a Sovereign Nation, the County of Yuma, Arizona,
the City of Somerton, and the City of San Luis, Arizona, or
such other successor joint powers agency or public purpose
entity as unanimously designated by those governmental units.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Bureau of Reclamation.
PURPOSE OF THE BILL
The purpose of H.R. 3023 is to authorize the Secretary of
the Interior, acting through the Bureau of Reclamation, to
convey property to the Greater Yuma Port Authority of Yuma
County, Arizona, for use as an international port of entry.
BACKGROUND
Since the early 1990s, automobile and truck traffic at the
United States Port of Entry in Yuma County, Arizona, began to
experience serious delays, particularly with commercial
traffic. The current Port is located directly in the heart of
the City of San Luis, just south of downtown Yuma. With the
passage of the North American Free Trade Agreement, traffic has
become a more serious problem in the area.
On April 3, 2000, the Arizona Department of Transportation
wrote the Subcommittee on Water and Power of the Committee on
Resources expressing need for legislation. The following is an
excerpt of the letter:
At present, the volume of commercial and private
vehicles crossing the border at San Luis--a crossing
between the United States and Mexico is exceeding the
capacity of the existing port of entry. The solution
developed among local governments and affected state
and federal agencies is to move the commercial vehicle
crossing to an undeveloped area five miles east of San
Luis. The solution will enhance efficiency, health and
safety by pulling heavy truck traffic out of the
downtown areas of the twin cities of San Luis, Mexico,
Rio Colorado and San Luis, Arizona.
To construct this new commercial port of entry, the
Greater Yuma Port authority was formed. The Port
Authority identified 328 acres of undeveloped desert
land currently owned by the Bureau of Reclamation,
which has been declared as surplus by the agency.
H.R. 3023 would convey the Bureau of Reclamation land
referred to in the above letter to the Greater Yuma Port
Authority at fair market value to construct the new commercial
Port of Entry.
COMMITTEE ACTION
H.R. 3023 was introduced on October 5, 1999, by Congressman
Ed Pastor (D-AZ). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Water and Power. On May 11, 2000, the Subcommittee met to
consider the bill. Congressman Calvin Dooley (D-CA) offered an
amendment in the nature of a substitute to clarify certain land
boundaries. The amendment was adopted by voice vote. The bill,
as amended, was then ordered to be reported to the Full
Committee by voice vote. On May 24, 2000, the Full Resources
Committee met to consider the bill. No additional amendments
were offered and the bill was ordered favorably reported to the
House of Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Conveyance of lands to the Greater Yuma Port Authority
This section designates the location of each parcel of land
to be transferred from the Bureau of Reclamation to the Greater
Yuma Port Authority.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
sale of this land would bring approximately $300,000 to the
federal treasury.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 23, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3023, a bill to
authorize the Secretary of the Interior, acting through the
Bureau of Reclamation, to convey property to the Greater Yuma
Port Authority of Yuma County, Arizona, for use as an
international port of entry.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Rachel
Applebaum (for federal costs) and Marjorie Miller (for the
state and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3023--A bill to authorize the Secretary of the Interior, acting
through the Bureau of Reclamation, to convey property to the
Greater Yuma Port Authority of Yuma County, Arizona, for use as
an international port of entry
H.R. 3023 would authorize the Secretary of the Interior to
convey certain lands to the Greater Yuma Port Authority of Yuma
County, Arizona. As a condition of conveyance, the port
authority would have to pay the fair market value of the land,
as of the date of the bill's enactment. The bill would require
the port authority to use these lands only for the construction
and operation of an international port of entry and related
activities.
CBO estimates that H.R. 3023 would not have a significant
effect on the federal budget. Based on information from the
Bureau of Reclamation and the General Services Administration,
CBO estimates that the federal government would receive about
$300,000 from the sale of lands to the Greater Yuma Port
Authority. Currently, this property does not generate any
receipts for the federal government; however, the agency plans
to sell the property in the future. CBO expects that sale of
the property for the fair market value in 2001 would offset any
forgone receipts from sale under current law at a later date.
Because enacting H.R. 3023 would affect offsetting receipts (a
form of direct spending), pay-as-you-go procedures would apply.
H.R. 3023 contains no private-sector or intergovernmental
mandates as defined in the Unfunded Mandates Reform Act. State
and local governments would probably incur some costs as a
result of the bill's enactment, but these costs would be
voluntary. Further, the surrounding communities would benefit
from the purchase of the land, which would enable them to
construct a new port of entry for commercial traffic between
the United States and Mexico. This new port of entry would
reduce delays at the existing border crossing at San Luis,
Arizona.
The CBO staff contacts are Rachel Applebaum (for federal
costs) and Marjorie Miller (for the state and local impact).
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates as described in
Public Law 104-4.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.