49–006 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–311 

ALBUQUERQUE BIOLOGICAL PARK TITLE CLARIFICATION 

ACT 

NOVEMBER 18, 2005.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. POMBO, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany S. 229] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Resources, to whom was referred the bill (S. 

229) to clear title to certain real property in New Mexico associated 

with the Middle Rio Grande Project, and for other purposes, having 

considered the same, report favorably thereon without amendment 

and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 229 is to clear title to certain real property in 

New Mexico associated with the Middle Rio Grande Project, and for 

other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The federal Middle Rio Grande Project was authorized in 1948 

to control Rio Grande River flooding and to rehabilitate the Middle 

Rio Grande Conservancy District’s water conveyance facilities. As 

a result of the 1948 authorization, the District and the Bureau of 

Reclamation of the Department of the Interior entered into a 50 

year repayment contract. The District believed that under the contract the United States had only an easement interest in the 

Project property. The District has completed its repayment of the 

Project. 

As a result of its reading of the repayment contract, the District 

sold two properties associated with the Middle Rio Grande Project 

to the City of Albuquerque, New Mexico, in 1997. The City of Albuquerque bought the properties, Tingley Beach and San Gabriel 

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Park, for $3.8 million to develop a biological park. The Tingley 

Beach property is approximately 25 acres and the San Gabriel 

Park property is approximately 40 acres. 

In 2000, however, the Bureau of Reclamation notified Albuquerque that it actually owned the properties based upon the federal agency’s reading of the 1951 repayment contract. The Bureau 

of Reclamation challenged the legitimacy of Albuquerque’s 1997 

land transaction with the District, but both the City and the District disputed Reclamation’s claim. As a result of litigation on this 

issue, a federal court ruled that the Bureau of Reclamation holds 

title to the land unless Congress specifically directs conveyance of 

the property. 

This legislation directs the Secretary of the Interior to issue a 

quit claim deed conveying any right, title, and interest that the 

United States may have in the two properties to the City of Albuquerque. This would resolve the title dispute only as it pertains to 

the two properties. 

The House companion measure to this bill is H.R. 2873, authored 

by Congresswoman Heather Wilson (R–NM). 

COMMITTEE ACTION

S. 229 was introduced on February 1, 2005, by Senator Jeff 

Bingaman (D–NM). It was passed by the Senate by unanimous consent on July 26, 2005. In the House of Representatives, the bill was 

referred to the Committee on Resources, and within the Committee 

to the Subcommittee on Water and Power. On October 19, 2005, 

the Full Resources Committee met to consider the bill. The Subcommittee on Water and Power was discharged from further consideration of the bill by unanimous consent. No amendments were 

offered, and the bill was ordered favorably reported to the House 

of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section cites the bill as ‘‘Albuquerque Biological Park Title 

Clarification Act.’’ 

Section 2. Purpose 

This section provides the purpose of the bill. 

Section 3. Definitions 

This section defines various terms in the bill. 

Section 4. Clarification of property interest 

This section requires the Secretary of the Interior issue a quitclaim deed conveying any right, title and interest that the United 

States may have in and to Tingley Beach and San Gabriel Park. 

The deed must be issued as soon as practicable after enactment of 

the legislation and would require no additional payment from the 

City of Albuquerque. 

Section 5. Other rights, title, and interest unaffected 

Section 5 expressly states that this legislation does not impact 

any portion of the Middle Rio Grande Project other than Tingley 

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Beach and San Gabriel Park. In addition, this section ensures that 

the bill has no affect on Rio Grande Silvery Minnow v. John W. 

Keys, III, a lawsuit currently pending in the Federal court system. 

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 of the Constitution of the United States 

grants 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 revenues or tax expenditures. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

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: 

S. 229—Albuquerque Biological Park Title Clarification Act 

CBO estimates that implementing S. 229 would have no significant impact on the Federal budget. This bill would direct the Secretary of the Interior to issue a quitclaim deed conveying all right, 

title, and interest of the Federal government in two pieces of property in New Mexico, to the city of Albuquerque, New Mexico. The 

properties are known as Tingley Beach and San Gabriel Park. 

The Federal government currently does not generate any income 

from these two pieces of property, nor does it spend any funds to 

operate or maintain them. Tingley Beach and San Gabriel Park are 

part of a larger reclamation project called the Middle Rio Grande 

Project, which is operated primarily by the Middle Rio Grande Conservancy District. The Federal government and the district are currently involved in a lawsuit regarding title to all of the lands in the 

Middle Rio Grande Project. S. 229 would settle the title of the two 

pieces of property by conveying them to the city of Albuquerque. 

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The government would not receive any compensation from the city 

for these lands. 

Enacting S. 229 would not affect direct spending or revenues. 

This legislation contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act and 

would impose no costs on State, local, or tribal governments. Enacting this legislation would benefit the city of Albuquerque. 

On February 11, 2005, CBO transmitted a cost estimate for S. 

229, the Albuquerque Biological Park Title Clarification Act, as ordered reported by the Senate Committee on Energy and Natural 

Resources on February 9, 2005. The House and Senate versions of 

this legislation are identical, as are the two cost estimates. 

The CBO staff contact for this estimate is Rachel Milberg. 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. 

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. 

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