I
106TH CONGRESS
1ST SESSION
H. R. 3023
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 HOUSE OF REPRESENTATIVES
OCTOBER 5, 1999
Mr. PASTOR introduced the following bill; which was referred to the
Committee on 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONVEYANCE OF LANDS TO THE GREATER
YUMA PORT AUTHORITY.
(a) AUTHORITY TO CONVEY.—
(1) INITIAL
CONVEYANCE.—The Secretary of
the Interior, acting through the Bureau of Reclama-
tion, may, in the 5-year period beginning on the date
of the enactment of this Act and in accordance with
the conditions specified in subsection (b)—
(A) convey to the Greater Yuma Port Au-
thority the interests described in paragraph (2);
or
(B) enter into an agreement with the
Greater Yuma Port Authority that grants to
the authority an option to purchase the inter-
ests described in paragraph (2) at any time in
the 7-year period beginning on the date of the
enactment of this Act.
(2) INTERESTS DESCRIBED.—The interests re-
ferred to in paragraphs (1) and (2) are the fol-
lowing:
(A) All right, title, and interest of the
United States in and to the lands comprising
Section 23, Lots 1–4, NE1⁄4, N1⁄2 NW1⁄4, ex-
cluding lands located within the 60-foot border
strip.
(B) All right, title, and interest of the
United States in and to the lands comprising
Section 22, East 300 feet of Lot 1, excluding
lands located within the 60-foot border strip.
(C) All right, title, and interest of the
United States in and to the lands comprising
Section 24, West 300 feet, excluding lands in
the 60-foot border strip.
(D) All right, title, and interest of the
United States in and to the lands comprising
Section 15, East 300 feet.
(E) The right to use lands in the 60-foot
border strip excluded under subparagraphs (A),
(B), and (C), for ingress to and egress from the
international boundary between the United
States and Mexico.
(b) CONDITIONS OF CONVEYANCE.—Any conveyance
under subsection (a) shall be subject to the following con-
ditions:
(1) WATER
RIGHTS.—The interests conveyed
shall not include any water rights.
(2) RETAINED RIGHT OF ACCESS.—The United
States shall retain such rights of access as the Sec-
retary determines to be necessary or appropriate for
the construction, operation, and maintenance by the
Government of the United States of the five-mile
protective and regulatory pumping well field and ap-
purtenant works authorized by the Colorado River
Basin Salinity Control Act (88 Stat. 266).
(3) CONSIDERATION.—In the case of convey-
ance of right, title, and interest of the United States
described in subsection (a)(2)(A), the Greater Yuma
Port Authority shall pay to the United States con-
sideration equal to the fair market value thereof—
(A) on the date of the enactment of this
Act, in the case of a conveyance under sub-
section (a)(1)(A); and
(B) on the date of the signing of an agree-
ment under subsection (a)(1)(B), in the case of
a conveyance under an option to purchase
granted by the agreement.
(4) USE.—The Greater Yuma Port Authority
and its successors shall use the interests conveyed
solely for the purpose of the construction and oper-
ation of an international port of entry and related
activities.
(5) COMPLIANCE WITH LAWS.—Before the date
of the conveyance, actions required with respect to
the conveyance under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), the National Historic Preservation Act (16
U.S.C. 470 et seq.), and other applicable Federal
laws must be completed at no cost to the United
States.
(6) USE OF 60-FOOT BORDER STRIP.—Any use
of the 60-foot border strip shall be made in coordi-
nation with Federal agencies having authority with
respect to the 60-foot border strip.
(7) ADDITIONAL
TERMS
AND
CONDITIONS.—
Such additional terms and conditions as the Sec-
retary considers appropriate to protect the interests
of the United States.
(c) COSTS DURING OPTION PERIOD.—The Secretary
may negotiate with the Greater Yuma Port Authority and
include in any agreement under subsection (a)(1)(B)
terms requiring the Greater Yuma Port Authority to pay,
during the term of the option granted by the agreement,
costs that would otherwise be incurred by the United
States with respect to lands that are subject to the option.
(d) DESCRIPTION OF PROPERTY.—The exact acreage
and legal description of property conveyed under this sec-
tion, and of any right-of-way that is subject to a right
of use conveyed pursuant to subsection (b)(2)(E), shall be
determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the Greater Yuma
Port Authority.
(e) DEFINITIONS.—
(1) 60-FOOT BORDER STRIP.—The term ‘‘60-
foot border strip’’ means lands in any of the Sec-