[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 229 Reported in House (RH)]
Union Calendar No. 169
109th CONGRESS
1st Session
S. 229
[Report No. 109-311]
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2005
Referred to the Committee on Resources
November 18, 2005
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
_______________________________________________________________________
AN ACT
To clear title to certain real property in New Mexico associated with
the Middle Rio Grande Project, and for other purposes.
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 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.
Union Calendar No. 169
109th CONGRESS
1st Session
S. 229
[Report No. 109-311]
_______________________________________________________________________
A BILL
To clear title to certain real property in New Mexico associated with
the Middle Rio Grande Project, and for other purposes.
_______________________________________________________________________
November 18, 2005
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed