II

106TH CONGRESS

2D SESSION S. 2834

To authorize the Secretary of the Interior, acting through the Bureau of

Reclamation, to convey property to the Greater Yuma Port Authority

of Yuma County, Arizona, for use as an international port of entry.

IN THE SENATE OF THE UNITED STATES

JUNE 30, 2000

Mr. KYL introduced the following bill; which was read twice and referred to

the Committee on Energy and Natural Resources

A BILL

To authorize the Secretary of the Interior, acting through

the Bureau of Reclamation, to convey property to the

Greater Yuma Port Authority of Yuma County, Arizona,

for use as an international port of entry.

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

3 SECTION 1. CONVEYANCE OF LANDS TO THE GREATER

4 YUMA PORT AUTHORITY.

5 (a) AUTHORITY TO CONVEY.—

6 (1) IN GENERAL.—The Secretary of the Inte7 rior, acting through the Bureau of Reclamation,

8 may, in the 5-year period beginning on the date of
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1 the enactment of this Act and in accordance with

2 the conditions specified in subsection (b) convey to

3 the Greater Yuma Port Authority the interests de4 scribed in paragraph (2).

5 (2) INTERESTS DESCRIBED.—The interests re6 ferred to in paragraph (1) are the following:

7 (A) All right, title, and interest of the

8 United States in and to the lands comprising

9 Section 23, Township 11 South, Range 24

West, G&SRBM, Lots 1–4, NE1⁄4, N1⁄2 NW1 10 ⁄4,

11 excluding lands located within the 60-foot bor12 der strip, in Yuma County, Arizona.

13 (B) All right, title, and interest of the

14 United States in and to the lands comprising

15 Section 22, Township 11 South, Range 24

16 West, G&SRBM, East 300 feet of Lot 1, ex17 cluding lands located within the 60-foot border

18 strip, in Yuma County, Arizona.

19 (C) All right, title, and interest of the

20 United States in and to the lands comprising

21 Section 24, Township 11 South, Range 24

22 West, G&SRBM, West 300 feet, excluding

23 lands in the 60-foot border strip, in Yuma

24 County, Arizona.
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1 (D) All right, title, and interest of the

2 United States in and to the lands comprising

3 the East 300 feet of the Southeast Quarter of

4 Section 15, Township 11 South, Range 24

5 West, G&SRBM, in Yuma County, Arizona.

6 (E) The right to use lands in the 60-foot

7 border strip excluded under subparagraphs (A),

8 (B), and (C), for ingress to and egress from the

9 international boundary between the United

10 States and Mexico.

11 (b) DEED COVENANTS AND CONDITIONS.—Any con12 veyance under subsection (a) shall be subject to the fol13 lowing covenants and conditions:

14 (1) A reservation of rights-of-way for ditches

15 and canals constructed or to be constructed by the

16 authority of the United States, this reservation

17 being of the same character and scope as that cre18 ated with respect to certain public lands by the Act

19 of August 30, 1890 (26 Stat. 391; 43 U.S.C. 945),

20 as it has been, or may hereafter be amended.

21 (2) A leasehold interest in Lot 1, and the west

22 100 feet of Lot 2 in Section 23 for the operation of

23 a Cattle Crossing Facility, currently being operated

24 by the Yuma-Sonora Commercial Company, Incor25 porated. The lease as currently held contains 24.68
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1 acres, more or less. Any renewal or termination of

2 the lease shall be by the Greater Yuma Port Author3 ity.

4 (3) Reservation by the United States of a 245-

5 foot perpetual easement for operation and mainte6 nance of the 242 Lateral Canal and Well Field along

7 the northern boundary of the East 300 feet of Sec8 tion 22, Section 23, and the West 300 feet of Sec9 tion 24 as shown on Reclamation Drawing Nos.

10 1292–303–3624, 1292–303–3625, and 1292–303–

11 3626.

12 (4) A reservation by the United States of all

13 rights to the ground water in the East 300 feet of

14 Section 15, the East 300 feet of Section 22, Section

15 23, and the West 300 feet of Section 24, and the

16 right to remove, sell, transfer, or exchange the water

17 to meet the obligations of the Treaty of 1944 with

18 the Republic of Mexico, and Minute Order No. 242

19 for the delivery of salinity controlled water to Mex20 ico.

21 (5) A reservation of all rights-of-way and ease22 ments existing or of record in favor of the public or

23 third parties.

24 (6) A right-of-way reservation in favor of the

25 United States and its contractors, and the State of
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1 Arizona, and its contractors, to utilize a 33-foot

2 easement along all section lines to freely give ingress

3 to, passage over, and egress from areas in the exer4 cise of official duties of the United States and the

5 State of Arizona.

6 (7) Reservation of a right-of-way to the United

7 States for a 100-foot by 100-foot parcel for each of

8 the Reclamation monitoring wells, together with un9 restricted ingress and egress to both sites. One mon10 itoring well is located in Lot 1 of Section 23 just

11 north of the Boundary Reserve and just west of the

12 Cattle Crossing Facility, and the other is located in

13 the southeast corner of Lot 3 just north of the

14 Boundary Reserve.

15 (8) An easement comprising a 50-foot strip

16 lying North of the 60-foot International Boundary

17 Reserve for drilling and operation of, and access to,

18 wells.

(9) A reservation by the United States of 15 19 ⁄16

20 of all gas, oil, metals, and mineral rights.

(10) A reservation of 1 21 ⁄16 of all gas, oil, metals,

22 and mineral rights retained by the State of Arizona.

23 (11) Such additional terms and conditions as

24 the Secretary considers appropriate to protect the

25 interests of the United States.
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1 (c) CONSIDERATION.—

2 (1) IN GENERAL.—As consideration for the con3 veyance under subsection (a), the Greater Yuma

4 Port Authority shall pay the United States consider5 ation equal to the fair market value on the date of

6 the enactment of this Act of the interest conveyed.

7 (2) DETERMINATION.—For purposes of para8 graph (1), the fair market value of any interest in

9 land shall be determined—

10 (A) taking into account that the land is

11 undeveloped, that 80 acres of the land is in12 tended to be dedicated to use by the Federal

13 Government for Federal governmental purposes,

14 and that an additional substantial portion of

15 the land is dedicated to public right-of-way,

16 highway, and transportation purposes; and

17 (B) deducting the cost of compliance with

18 applicable Federal laws pursuant to subsection

19 (e).

20 (d) USE.—The Greater Yuma Port Authority and its

21 successors shall use the interests conveyed solely for the

22 purpose of the construction and operation of an inter23 national port of entry and related activities.

24 (e) COMPLIANCE WITH LAWS.—Before the date of

25 the conveyance, actions required with respect to the con-
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1 veyance under the National Environmental Policy Act of

2 1969 (42 U.S.C. 4321 et seq.), the Endangered Species

3 Act of 1973 (16 U.S.C. 1531 et seq.), the National His4 toric Preservation Act (16 U.S.C. 470 et seq.), and other

5 applicable Federal laws must be completed at no cost to

6 the United States.

7 (f) USE OF 60-FOOT BORDER STRIP.—Any use of

8 the 60-foot border strip shall be made in coordination with

9 Federal agencies having authority with respect to the 60-

10 foot border strip.

11 (g) DESCRIPTION OF PROPERTY.—The exact acreage

12 and legal description of property conveyed under this sec13 tion, and of any right-of-way that is subject to a right

14 of use conveyed pursuant to subsection (a)(2)(E), shall be

15 determined by a survey satisfactory to the Secretary. The

16 cost of the survey shall be borne by the Greater Yuma

17 Port Authority.

18 (h) DEFINITIONS.—

19 (1) 60-FOOT BORDER STRIP.—The term ‘‘60-

20 foot border strip’’ means lands in any of the Sec21 tions of land referred to in this Act located within

22 60 feet of the international boundary between the

23 United States and Mexico.

24 (2) GREATER YUMA PORT AUTHORITY.—The

25 term ‘‘Greater Yuma Port Authority’’ means Trust
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1 No. 84–184, Yuma Title & Trust Company, an Ari2 zona Corporation, a trust for the benefit of the

3 Cocopah Tribe, a Sovereign Nation, the County of

4 Yuma, Arizona, the City of Somerton, and the City

5 of San Luis, Arizona, or such other successor joint

6 powers agency or public purpose entity as unani7 mously designated by those governmental units.

8 (3) SECRETARY.—The term ‘‘Secretary’’ means

9 the Secretary of the Interior, acting through the Bu10 reau of Reclamation.

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