II 

109TH CONGRESS 

1ST SESSION S. 229 

To clear title to certain real property in New Mexico associated with the 

Middle Rio Grande Project, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2005 

Mr. BINGAMAN (for himself and Mr. DOMENICI) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL

To clear title to certain real property in New Mexico associated with the Middle Rio Grande Project, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Albuquerque Biological 

5 Park Title Clarification Act’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to direct the Secretary of 

8 the Interior to issue a quitclaim deed conveying any right, 

9 title, and interest the United States may have in and to 
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1 Tingley Beach or San Gabriel Park to the City, thereby 

2 removing the cloud on the City’s title to these lands. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) CITY.—The term ‘‘City’’ means the City of 

6 Albuquerque, New Mexico. 

7 (2) MIDDLE RIO GRANDE CONSERVANCY DIS8 TRICT.—The terms ‘‘Middle Rio Grande Conser9 vancy District’’ and ‘‘MRGCD’’ mean a political 

10 subdivision of the State of New Mexico, created in 

11 1925 to provide and maintain flood protection and 

12 drainage, and maintenance of ditches, canals, and 

13 distribution systems for irrigation and water delivery 

14 and operations in the Middle Rio Grande Valley. 

15 (3) MIDDLE RIO GRANDE PROJECT.—The term 

16 ‘‘Middle Rio Grande Project’’ means the works asso17 ciated with water deliveries and operations in the 

18 Rio Grande basin as authorized by the Flood Con19 trol Act of 1948 (Public Law 80–858; 62 Stat. 

20 1175) and the Flood Control Act of 1950 (Public 

21 Law 81–516; 64 Stat. 170). 

22 (4) SAN GABRIEL PARK.—The term ‘‘San Ga23 briel Park’’ means the tract of land containing 

24 40.2236 acres, more or less, situated within Section 

25 12 and Section 13, T10N, R2E, N.M.P.M., City of 
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1 Albuquerque, Bernalillo County, New Mexico, and 

2 described by New Mexico State Plane Grid Bearings 

3 (Central Zone) and ground distances in a Special 

4 Warranty Deed conveying the property from 

5 MRGCD to the City, dated November 25, 1997. 

6 (5) TINGLEY BEACH.—The term ‘‘Tingley 

7 Beach’’ means the tract of land containing 25.2005 

8 acres, more or less, situated within Section 13 and 

9 Section 24, T10N, R2E, N.M.P.M., City of Albu10 querque, Bernalillo County, New Mexico, and de11 scribed by New Mexico State Plane Grid Bearings 

12 (Central Zone) and ground distances in a Special 

13 Warranty Deed conveying the property from 

14 MRGCD to the City, dated November 25, 1997. 

15 SEC. 4. CLARIFICATION OF PROPERTY INTEREST. 

16 (a) REQUIRED ACTION.—The Secretary of the Inte17 rior shall issue a quitclaim deed conveying any right, title, 

18 and interest the United States may have in and to Tingley 

19 Beach and San Gabriel Park to the City. 

20 (b) TIMING.—The Secretary shall carry out the ac21 tion in subsection (a) as soon as practicable after the date 

22 of enactment of this title and in accordance with all appli23 cable law. 

24 (c) NO ADDITIONAL PAYMENT.—The City shall not 

25 be required to pay any additional costs to the United 
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1 States for the value of San Gabriel Park and Tingley 

2 Beach. 

3 SEC. 5. OTHER RIGHTS, TITLE, AND INTERESTS UNAF4 FECTED. 

5 (a) IN GENERAL.—Except as expressly provided in 

6 section 4, nothing in this Act shall be construed to affect 

7 any right, title, or interest in and to any land associated 

8 with the Middle Rio Grande Project. 

9 (b) ONGOING LITIGATION.—Nothing contained in 

10 this Act shall be construed or utilized to affect or other11 wise interfere with any position set forth by any party in 

12 the lawsuit pending before the United States District 

13 Court for the District of New Mexico, No. CV 99–1320 

14 JP/RLP–ACE, entitled Rio Grande Silvery Minnow v. 

15 John W. Keys, III, concerning the right, title, or interest 

16 in and to any property associated with the Middle Rio 

17 Grande Project.

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