109TH CONGRESS

1ST SESSION S. 229

AN ACT

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’’.
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S 229 ES

1 SEC. 2. PURPOSE.

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

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

4 title, and interest the United States may have in and to

5 Tingley Beach or San Gabriel Park to the City, thereby

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

7 SEC. 3. DEFINITIONS.

8 In this Act:

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

10 Albuquerque, New Mexico.

11 (2) MIDDLE RIO GRANDE CONSERVANCY DIS12 TRICT.—The terms ‘‘Middle Rio Grande Conser13 vancy District’’ and ‘‘MRGCD’’ mean a political

14 subdivision of the State of New Mexico, created in

15 1925 to provide and maintain flood protection and

16 drainage, and maintenance of ditches, canals, and

17 distribution systems for irrigation and water delivery

18 and operations in the Middle Rio Grande Valley.

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

20 ‘‘Middle Rio Grande Project’’ means the works asso21 ciated with water deliveries and operations in the

22 Rio Grande basin as authorized by the Flood Con23 trol Act of 1948 (Public Law 80–858; 62 Stat.

24 1175) and the Flood Control Act of 1950 (Public

25 Law 81–516; 64 Stat. 170).
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1 (4) SAN GABRIEL PARK.—The term ‘‘San Ga2 briel Park’’ means the tract of land containing

3 40.2236 acres, more or less, situated within Section

4 12 and Section 13, T10N, R2E, N.M.P.M., City of

5 Albuquerque, Bernalillo County, New Mexico, and

6 described by New Mexico State Plane Grid Bearings

7 (Central Zone) and ground distances in a Special

8 Warranty Deed conveying the property from

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

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

11 Beach’’ means the tract of land containing 25.2005

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

13 Section 24, T10N, R2E, N.M.P.M., City of Albu14 querque, Bernalillo County, New Mexico, and de15 scribed by New Mexico State Plane Grid Bearings

16 (Central Zone) and ground distances in a Special

17 Warranty Deed conveying the property from

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

19 SEC. 4. CLARIFICATION OF PROPERTY INTEREST.

20 (a) REQUIRED ACTION.—The Secretary of the Inte21 rior shall issue a quitclaim deed conveying any right, title,

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

23 Beach and San Gabriel Park to the City.

24 (b) TIMING.—The Secretary shall carry out the ac25 tion in subsection (a) as soon as practicable after the date
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1 of enactment of this title and in accordance with all appli2 cable law.

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

4 be required to pay any additional costs to the United

5 States for the value of San Gabriel Park and Tingley

6 Beach.

7 SEC. 5. OTHER RIGHTS, TITLE, AND INTERESTS UNAF8 FECTED.

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

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

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

12 with the Middle Rio Grande Project.

13 (b) ONGOING LITIGATION.—Nothing contained in

14 this Act shall be construed or utilized to affect or other15 wise interfere with any position set forth by any party in

16 the lawsuit pending before the United States District

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

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

19 John W. Keys, III, concerning the right, title, or interest
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1 in and to any property associated with the Middle Rio

2 Grande Project.

Passed the Senate July 26, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 229

AN ACT

To clear title to certain real property in New MexProject, and for other purposes. ico associated with the Middle Rio Grande