II 

108TH CONGRESS 

1ST SESSION S. 213

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, 2003

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. FINDINGS AND PURPOSE. 

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

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

9 Mexico paid $3,875,000 to the Middle Rio Grande 
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1 Conservancy District to acquire two parcels of land 

2 known as Tingley Beach and San Gabriel Park. 

3 (2) The City intends to develop and improve 

4 Tingley Beach and San Gabriel Park as part of its 

5 Albuquerque Biological Park Project. 

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

7 Tingley Beach and San Gabriel Park by asserting 

8 that these properties were transferred to the United 

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

10 the Middle Rio Grande Project. 

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

12 Albuquerque Biological Park Project has been hin13 dered by the United States claim of title to these 

14 properties. 

15 (5) The United States claim of ownership over 

16 the Middle Rio Grande Project properties is disputed 

17 by the City and MRGCD in Rio Grande Silvery Min18 now v. John W. Keys, III, No. CV 99–1320 JP/

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

20 (6) Tingley Beach and San Gabriel Park are 

21 surplus to the needs of the Bureau of Reclamation 

22 and the United States in administering the Middle 

23 Rio Grande Project. 

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

25 the Secretary of the Interior to issue a quitclaim deed con-
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1 veying any right, title, and interest the United States may 

2 have in and to Tingley Beach or San Gabriel Park to the 

3 City, thereby removing the cloud on the City’s title to 

4 these lands. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

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

8 Albuquerque, New Mexico. 

9 (2) MIDDLE RIO GRANDE CONSERVANCY DIS10 TRICT.—The terms ‘‘Middle Rio Grande Conser11 vancy District’’ and ‘‘MRGCD’’ mean a political 

12 subdivision of the State of New Mexico, created in 

13 1925 to provide and maintain flood protection and 

14 drainage, and maintenance of ditches, canals, and 

15 distribution systems for irrigation and water delivery 

16 and operations in the Middle Rio Grande Valley. 

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

18 ‘‘Middle Rio Grande Project’’ means the works asso19 ciated with water deliveries and operations in the 

20 Rio Grande basin as authorized by the Flood Con21 trol Act of 1948 (Public Law 80–858; 62 Stat. 

22 1175) and the Flood Control Act of 1950 (Public 

23 Law 81–516; 64 Stat. 170). 

24 (4) SAN GABRIEL PARK.—The term ‘‘San Ga25 briel Park’’ means the tract of land containing 
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1 40.2236 acres, more or less, situated within Section 

2 12 and Section 13, T10N, R2E, N.M.P.M., City of 

3 Albuquerque, Bernalillo County, New Mexico, and 

4 described by New Mexico State Plane Grid Bearings 

5 (Central Zone) and ground distances in a Special 

6 Warranty Deed conveying the property from 

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

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

9 Beach’’ means the tract of land containing 25.2005 

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

11 Section 24, T10N, R2E, N.M.P.M., City of Albu12 querque, Bernalillo County, New Mexico, and de13 scribed by New Mexico State Plane Grid Bearings 

14 (Central Zone) and ground distances in a Special 

15 Warranty Deed conveying the property from 

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

17 SEC. 4. CLARIFICATION OF PROPERTY INTEREST. 

18 (a) REQUIRED ACTION.—The Secretary of the Inte19 rior shall issue a quitclaim deed conveying any right, title, 

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

21 Beach and San Gabriel Park to the City. 

22 (b) TIMING.—The Secretary shall carry out the ac23 tion in subsection (a) as soon as practicable after the date 

24 of enactment of this title and in accordance with all appli25 cable law. 
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1 (c) NO ADDITIONAL PAYMENT.—The City shall not 

2 be required to pay any additional costs to the United 

3 States for the value of San Gabriel Park and Tingley 

4 Beach. 

5 SEC. 5. OTHER RIGHTS, TITLE, AND INTERESTS UNAF6 FECTED. 

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

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

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

10 with the Middle Rio Grande Project. 

11 (b) ONGOING LITIGATION.—Nothing contained in 

12 this Act shall be construed or utilized to affect or other13 wise interfere with any position set forth by any party in 

14 the lawsuit pending before the United States District 

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

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

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

18 in and to any property associated with the Middle Rio 

19 Grande Project.

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