IIB
106TH CONGRESS
2D SESSION
H. R. 3023
IN THE SENATE OF THE UNITED STATES
JUNE 27, 2000
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
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,
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SECTION 1. CONVEYANCE OF LANDS TO THE GREATER
YUMA PORT AUTHORITY.
(a) AUTHORITY TO CONVEY.—
(1) IN GENERAL.—The Secretary of the Inte-
rior, acting through the Bureau of Reclamation,
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) convey to
the Greater Yuma Port Authority the interests de-
scribed in paragraph (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,
excluding lands located within the 60-foot bor-
der 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, ex-
cluding 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
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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 con-
veyance under subsection (a) shall be subject to the fol-
lowing covenants and conditions:
(1) A reservation of rights-of-way for ditches
and canals constructed or to be constructed by the
authority of the United States, this reservation
being of the same character and scope as that cre-
ated 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.
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(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 Author-
ity.
(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 Sec-
tion 22, Section 23, and the West 300 feet of Sec-
tion 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
Section 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 Republic of Mexico, and Minute Order No. 242
for the delivery of salinity controlled water to Mex-
ico.
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(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
Arizona, and its contractors, to utilize a 33-foot
easement along all section lines to freely give ingress
to, passage over, and egress from areas in the exer-
cise of official duties of the United States and the
State of Arizona.
(7) Reservation of a right-of-way to the United
States for a 100-foot by 100-foot parcel for each of
the Reclamation monitoring wells, together with un-
restricted ingress and egress to both sites. One mon-
itoring well is located in Lot 1 of Section 23 just
north of the Boundary Reserve and just west of the
Cattle Crossing Facility, and the other is located in
the southeast corner of Lot 3 just north of the
Boundary Reserve.
(8) An easement comprising a 50-foot strip
lying North of the 60-foot International Boundary
Reserve for drilling and operation of, and access to,
wells.
(9) A reservation by the United States of 15⁄16
of all gas, oil, metals, and mineral rights.
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(10) A reservation of 1⁄16 of all gas, oil, metals,
and mineral rights retained by the State of Arizona.
(11) Such additional terms and conditions as
the Secretary considers appropriate to protect the
interests of the United States.
(c) CONSIDERATION.—
(1) IN GENERAL.—As consideration for the con-
veyance under subsection (a), the Greater Yuma
Port Authority shall pay the United States consider-
ation equal to the fair market value on the date of
the enactment 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
undeveloped, that 80 acres of the land is in-
tended 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).
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(d) USE.—The Greater Yuma Port Authority and its
successors shall use the interests conveyed solely for the
purpose of the construction and operation of an inter-
national port of entry and related activities.
(e) COMPLIANCE WITH LAWS.—Before the date of
the conveyance, actions required with respect to the con-
veyance 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 His-
toric 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
Federal 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
determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the Greater Yuma
Port Authority.
(h) DEFINITIONS.—
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(1) 60-FOOT BORDER STRIP.—The term ‘‘60-
foot border strip’’ means lands in any of the Sec-
tions 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.
Passed the House of Representatives June 26, 2000.
Attest:
JEFF TRANDAHL,
Clerk.