IB
Union Calendar No. 393
106TH CONGRESS
2D SESSION
H. R. 3023
[Report No. 106–699]
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
JUNE 26, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on October 5, 1999]
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) IN GENERAL.—The Secretary of the Interior,
acting through the Bureau of Reclamation, may, in
the 5-year period beginning on the date of the enact-
ment of this Act and in accordance with the condi-
tions specified in subsection (b) convey to the Greater
Yuma Port Authority the interests described in para-
graph (2).
(2) INTERESTS
DESCRIBED.—The interests re-
ferred to in paragraph (1) are the following:
(A) All right, title, and interest of the
United States in and to the lands comprising
Section 23, Township 11 South, Range 24 West,
G&SRBM, Lots 1–4, NE1⁄4, N1⁄2 NW1⁄4, exclud-
ing lands located within the 60-foot border strip,
in Yuma County, Arizona.
(B) All right, title, and interest of the
United States in and to the lands comprising
Section 22, Township 11 South, Range 24 West,
G&SRBM, East 300 feet of Lot 1, excluding
lands located within the 60-foot border strip, in
Yuma County, Arizona.
(C) All right, title, and interest of the
United States in and to the lands comprising
Section 24, Township 11 South, Range 24 West,
G&SRBM, West 300 feet, excluding lands in the
60-foot border strip, in Yuma County, Arizona.
(D) All right, title, and interest of the
United States in and to the lands comprising the
East 300 feet of the Southeast Quarter of Section
15, Township 11 South, Range 24 West,
G&SRBM, in Yuma County, Arizona.
(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) DEED COVENANTS AND CONDITIONS.—Any convey-
ance under subsection (a) shall be subject to the following
covenants and conditions:
(1) A reservation of rights-of-way for ditches and
canals constructed or to be constructed by the author-
ity of the United States, this reservation being of the
same character and scope as that created with respect
to certain public lands by the Act of August 30, 1890
(26 Stat. 391; 43 U.S.C. 945), as it has been, or may
hereafter be amended.
(2) A leasehold interest in Lot 1, and the west
100 feet of Lot 2 in Section 23 for the operation of
a Cattle Crossing Facility, currently being operated
by the Yuma-Sonora Commercial Company, Incor-
porated. The lease as currently held contains 24.68
acres, more or less. Any renewal or termination of the
lease shall be by the Greater Yuma Port Authority.
(3) Reservation by the United States of a 245-
foot perpetual easement for operation and mainte-
nance of the 242 Lateral Canal and Well Field along
the northern boundary of the East 300 feet of Section
22, Section 23, and the West 300 feet of Section 24
as shown on Reclamation Drawing Nos. 1292–303–
3624, 1292–303–3625, and 1292–303–3626.
(4) A reservation by the United States of all
rights to the ground water in the East 300 feet of Sec-
tion 15, the East 300 feet of Section 22, Section 23,
and the West 300 feet of Section 24, and the right to
remove, sell, transfer, or exchange the water to meet
the obligations of the Treaty of 1944 with the Repub-
lic of Mexico, and Minute Order No. 242 for the deliv-
ery of salinity controlled water to Mexico.
(5) A reservation of all rights-of-way and ease-
ments existing or of record in favor of the public or
third parties.
(6) A right-of-way reservation in favor of the
United States and its contractors, and the State of
(1) IN GENERAL.—As consideration for the con-
veyance under subsection (a), the Greater Yuma Port
Authority shall pay the United States consideration
equal to the fair market value on the date of the en-
actment of this Act of the interest conveyed.
(2) DETERMINATION.—For purposes of para-
graph (1), the fair market value of any interest in
land shall be determined—
(A) taking into account that the land is un-
developed, that 80 acres of the land is intended
to be dedicated to use by the Federal Government
for Federal governmental purposes, and that an
additional substantial portion of the land is
dedicated to public right-of-way, highway, and
transportation purposes; and
(B) deducting the cost of compliance with
applicable Federal laws pursuant to subsection
(e).
(d) USE.—The Greater Yuma Port Authority and its
successors shall use the interests conveyed solely for the pur-
pose of the construction and operation of an international
port of entry and related activities.
(e) 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.
(f) USE OF 60-FOOT BORDER STRIP.—Any use of the
60-foot border strip shall be made in coordination with Fed-
eral agencies having authority with respect to the 60-foot
border strip.
(g) 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 (a)(2)(E), shall be de-
termined by a survey satisfactory to the Secretary. The cost
of the survey shall be borne by the Greater Yuma Port Au-
thority.
(h) DEFINITIONS.—
(1) 60-FOOT BORDER STRIP.—The term ‘‘60-foot
border strip’’ means lands in any of the Sections of
land referred to in this Act located within 60 feet of
the international boundary between the United States
and Mexico.
(2) GREATER
YUMA
PORT
AUTHORITY.—The
term ‘‘Greater Yuma Port Authority’’ means Trust
No. 84–184, Yuma Title & Trust Company, an Ari-
zona Corporation, a trust for the benefit of the
Cocopah Tribe, a Sovereign Nation, the County of
Yuma, Arizona, the City of Somerton, and the City
of San Luis, Arizona, or such other successor joint
powers agency or public purpose entity as unani-
mously designated by those governmental units.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior, acting through the Bu-
reau of Reclamation.
Union Calendar No. 393
106TH CONGRESS
2D SESSION
H. R. 3023
[Report No. 106–699]
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 inter-
national port of entry.
JUNE 26, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed