[Congressional Record Volume 151, Number 8 (Tuesday, February 1, 2005)]
[Senate]
[Pages S742-S743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. BINGAMAN (for himself and Mr. Domenici):
S. 229. 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. This bill, which passed the Senate in the 108th
Congress, is necessary to assist the City of Albuquerque, NM clear
title to two parcels of land located along the Rio Grande. If title is
cleared, the City will be able to move forward with its 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 delaying and complicating the City's
progress in developing the Biological Park Project. If the matter is
simply 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. Moreover, the record indicates that
Reclamation had 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
narrowly tailored to address this local interest, affecting only the
two properties at issue. The general dispute concerning title to
project works is left for the courts to decide.
I hope my colleagues will work with me to help resolve this issue.
While much of what we do here in the Congress is complex and time-
consuming work, we should also have the ability to move quickly when
necessary and appropriate to solve local problems caused by federal
actions. I therefore urge my colleagues to support this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 229
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 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
[[Page S743]]
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.
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