II 

Calendar No. 439

108TH CONGRESS 

2D SESSION S. 213

[Report No. 108–229] 

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 

JANUARY 23, 2004

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 

MARCH 9, 2004

Reported by Mr. DOMENICI, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

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’’.
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•S 213 RS 

1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—The Congress finds that: 

3 (1) In 1997, the City of Albuquerque, New 

4 Mexico paid $3,875,000 to the Middle Rio Grande 

5 Conservancy District to acquire two parcels of land 

6 known as Tingley Beach and San Gabriel Park. 

7 (2) The City intends to develop and improve 

8 Tingley Beach and San Gabriel Park as part of its 

9 Albuquerque Biological Park Project. 

10 (3) In 2000, the United States claimed title to 

11 Tingley Beach and San Gabriel Park by asserting 

12 that these properties were transferred to the United 

13 States in the 1950’s as part of the establishment of 

14 the Middle Rio Grande Project. 

15 (4) The City’s ability to continue developing the 

16 Albuquerque Biological Park Project has been hin17 dered by the United States claim of title to these 

18 properties. 

19 (5) The United States claim of ownership over 

20 the Middle Rio Grande Project properties is disputed 

21 by the City and MRGCD in Rio Grande Silvery Min22 now v. John W. Keys, III, No. CV 99–1320 JP/

23 RLP–ACE (D. N.M. filed Nov. 15, 1999). 

24 (6) Tingley Beach and San Gabriel Park are 

25 surplus to the needs of the Bureau of Reclamation 
3

•S 213 RS 

1 and the United States in administering the Middle 

2 Rio Grande Project. 

3 (b) PURPOSE.—The purpose of this Act is to direct

4 SEC. 2. PURPOSE. 

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

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

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

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

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

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

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

13 Albuquerque, New Mexico. 

14 (2) MIDDLE RIO GRANDE CONSERVANCY DIS15 TRICT.—The terms ‘‘Middle Rio Grande Conser16 vancy District’’ and ‘‘MRGCD’’ mean a political 

17 subdivision of the State of New Mexico, created in 

18 1925 to provide and maintain flood protection and 

19 drainage, and maintenance of ditches, canals, and 

20 distribution systems for irrigation and water delivery 

21 and operations in the Middle Rio Grande Valley. 

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

23 ‘‘Middle Rio Grande Project’’ means the works asso24 ciated with water deliveries and operations in the 

25 Rio Grande basin as authorized by the Flood Con-
4

•S 213 RS 

1 trol Act of 1948 (Public Law 80–858; 62 Stat. 

2 1175) and the Flood Control Act of 1950 (Public 

3 Law 81–516; 64 Stat. 170). 

4 (4) SAN GABRIEL PARK.—The term ‘‘San Ga5 briel Park’’ means the tract of land containing 

6 40.2236 acres, more or less, situated within Section 

7 12 and Section 13, T10N, R2E, N.M.P.M., City of 

8 Albuquerque, Bernalillo County, New Mexico, and 

9 described by New Mexico State Plane Grid Bearings 

10 (Central Zone) and ground distances in a Special 

11 Warranty Deed conveying the property from 

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

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

14 Beach’’ means the tract of land containing 25.2005 

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

16 Section 24, T10N, R2E, N.M.P.M., City of Albu17 querque, Bernalillo County, New Mexico, and de18 scribed by New Mexico State Plane Grid Bearings 

19 (Central Zone) and ground distances in a Special 

20 Warranty Deed conveying the property from 

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

22 SEC. 4. CLARIFICATION OF PROPERTY INTEREST. 

23 (a) REQUIRED ACTION.—The Secretary of the Inte24 rior shall issue a quitclaim deed conveying any right, title, 
5

•S 213 RS 

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

2 Beach and San Gabriel Park to the City. 

3 (b) TIMING.—The Secretary shall carry out the ac4 tion in subsection (a) as soon as practicable after the date 

5 of enactment of this title and in accordance with all appli6 cable law. 

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

8 be required to pay any additional costs to the United 

9 States for the value of San Gabriel Park and Tingley 

10 Beach. 

11 SEC. 5. OTHER RIGHTS, TITLE, AND INTERESTS UNAF12 FECTED. 

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

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

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

16 with the Middle Rio Grande Project. 

17 (b) ONGOING LITIGATION.—Nothing contained in 

18 this Act shall be construed or utilized to affect or other19 wise interfere with any position set forth by any party in 

20 the lawsuit pending before the United States District 

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

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

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

24 in and to any property associated with the Middle Rio 

25 Grande Project. 
Calendar No. 439

108TH CONGRESS 

2D SESSION S. 213

[Report No. 108–229] 

A BILL

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

Project, and for other purposes. 

MARCH 9, 2004

Reported with an amendment