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The original documents are located in Box 17, folder "12/31/74 S2125 New Mexico Land
Interest" of the White House Records Office: Legislation Case Files at the Gerald R. Ford
Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 17 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
12/31
APPROVED® DEC 31 1974
ACTION
THE WHITE HOUSE
Last Day: December 31
WASHINGTON
Intedencelved 12/31/74
December 27, 1974
To
ARCHIVES
1/3/75
MEMORANDUM FOR
THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
Enrolled Bill S. 2125
New Mexico Land Interest
Attached for your consideration is S. 2125, sponsored
by Senator Domenici, which authorizes relinquishment
of the reversionary interest of the United States
in approximately one acre of land to the City of
Albuquerque, New Mexico.
OMB recommends approval and provides additional back-
ground information in its enrolled bill report (Tab A).
Phil Areeda and Max Friedersdorf both recommend approval.
RECOMMENDATION
That you sign S. 2125 (Tab B).
FORD LIBRARY
OFFICE wine PRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
DEC 2 3 1974
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 2125 - New Mexico Land Interest
Sponsor - Sen. Domenici (R) New Mexico
Last Day for Action
December 31, 1974 -- Tuesday
Purpose
Authorizes relinquishment of the reversionary interest in
approximately one acre of land to the city of Albuquerque,
New Mexico.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
No objection (Informally)
Department of Justice
Defers to Interior
Discussion
Some years ago the U.S. conveyed to Albuquerque 640 acres of
land with a reverter clause specifying that if any of the land
was used for other than park purposes title to it would revert
to the U.S. A portion of that land, two tracts, aggregating
about one acre, which are the subject of this bill are no
longer suitable for park purposes so the city proposes to
sell them for developmental purposes and use the proceeds to
assist in the purchase of other land that is suitable for park
purposes. S. 2125 would authorize relinquishment of the
reversionary interest of the U.S. if the proceeds from the
sale of the land at fair market value are applied to the
purchase of other land for park purposes and subject to the
further condition that any excess proceeds will be transferred
to the U.S. and a reverter clause must be incorporated in
the deed involving the purchased land.
Milfred HRonmel
FORD LIBRARY
Assistant Director for
Legislative Reference
Enclosures
United States Department of the Interior
OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240
ADVANCE
Dear Mr. Ash:
This responds to your request for the views of this Department
on S. 2125, an enrolled bill "To amend the Act of June 9, 1906,
entitled "An Act granting land to the city of Albuquerque for
public purposes', (34 Stat. 227), as amended."
We have no objection to Presidential approval of the enrolled
bill.
S. 2125 would authorize the Secretary to relinquish a rever-
sionary interest in two parcels of land totaling approximately
one acre. The two parcels are part of a 640 acre tract conveyed
to the city in 1906 by the Federal Government for park use, with
a reversion if the land was used in an unauthorized manner.
The conveyance contained in S. 2125 would be authorized only if
the city can satisfy the Secretary that the two parcels are not
suitable for park use, they will not be sold for less than fair
market value, that the proceeds will be used to acquire other
park land, and that any excess funds remaining after the purchase
of the park property will be turned over to the U. S., and the
present reversionary interest would be transferred to the new
purchase
In our report on S. 2125, we noted that the city of Albuquerque
has assured the Department that the two new parcels are no longer
suitable for park use and that the proceeds of the sale will go
toward acquiring 135 acres of badly needed park land, thereby
assuring that the purpose of the 1906 grant to provide park land
is fulfilled. Therefore, we recommend Presidential approval
of the enrolled bill.
Sincerely yours,
Ken M. Brown
Legislative Counsel
Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C. 20503
ASSISTANT ATTORNEY GENERAL
LEGISLATIVE AFFAIRS
Department of Justice
Washington, D.C. 20530
Honorable Roy L. Ash
Director, Office of Management
and Budget
Washington, D. C. 20503
Dear Mr. Ash:
In compliance with your request, I have examined a
facsimile of the enrolled bill S. 2125, "To amend the Act
of June 9, 1906, entitled 'An Act granting land to the city
of Albuquerque for public purposes' (34 Stat. 227), as
amended."
The instant bill would authorize the Secretary of
the Interior to quitclaim to the City of Albuquerque, New
Mexico, certain lands heretofore conveyed to that city for
park or public purposes in which the United States retained
a reversionary interest in the event the lands ceased to be
so used. The authorization is conditioned upon several
requirements being met by the city, to the satisfaction of
the Secretary, assuring that the lands will be sold for not
less than fair market value and the proceeds used to acquire
other lands to be used for park or public purposes, as to
which a deed is to be delivered providing that title thereto
shall vest in the United States if they cease to be used for
such purposes.
The Department of Justice defers to the Department
of the Interior as to whether this enrolled bill should
receive Executive approval.
Sincerely,
WV Restraw W. Vincent Rakestraw
Assistant Attorney General
RECEIVED
'74 DEC 20 PM 3:43
OFFICE OF MANAGEMENT
AND BUDGET
40
F
THE INTERIOR
United States Department of the Interior
S.
OFFICE OF THE SECRETARY
March
3,
1849
WASHINGTON, D.C. 20240
DEC 24 1974
Dear Mr. Ash:
This responds to your request for the views of this Department
on S. 2125, an enrolled bill "To amend the Act of June 9, 1906,
entitled 'An Act granting land to the city of Albuquerque for
public purposes', (34 Stat. 227), as amended."
We recommend that the President approve the enrolled bill.
S. 2125 would authorize the Secretary to relinquish a rever-
sionary interest in two parcels of land totaling approximately
one acre. The two parcels are part of a 640 acre tract conveyed
to the city in 1906 by the Federal Government for park use, with
a reversion if the land was used in an unauthorized manner.
The conveyance contained in S. 2125 would be authorized only if
the city can satisfy the Secretary that the two parcels are not
suitable for park use, that they will not be sold for less than
fair market value, that the proceeds will be used to acquire other
park land, that any excess funds remaining after the purchase of
the park property will be turned over to the United States, and the
present reversionary interest would be transferred to the new
purchase.
In our report on S. 2125, we noted that the city of Albuquerque
has assured the Department that the two new parcels are no longer
suitable for park use and that the proceeds of the sale will go
toward acquiring 135 acres of badly needed park land, thereby
assuring that the purpose of the 1906 grant to provide park land
is fulfilled. Therefore, we recommend that the President approve
the enrolled bill.
Sincerely yours,
Jack Horton
Assistant Secretary of the Interior
E.
FORD
Honorable Roy L. Ash
Director
LIBRARY
Office of Management and Budget
Washington, D. C. 20503
RECEIVED
'74 DEC 24 AM 10:18 18
OFFICE AND OF MANAGEMENT
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: December 26, 1974
Time: 9:00 a.m.
FOR ACTION: Mike Duval
oh
CC (for information): Warren Hendriks
Max Friedersdorf oh
Jerry Jones
Phil Areeda no obj
FROM THE STAFF SECRETARY
DUE: Date: Thursday, December 26
Time: 3:00 p.m.
SUBJECT:
Enrolled Bill S. 2125 - New Mexico Land Interest
I
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
K. R. COLE, JR.
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
12/23/74
TO: WARREN HENDRIKS
RDL
Robert D. Linder
THE WHITE HOUSE
829
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
828
Date:
December 26, 1974
Time: 9:00 a.m.
OH
Ross
FOR ACTION: Mike Duval
CC (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
FROM THE STAFF SECRETARY
DUE: Date: Thursday, December 26
Time: 3:00 p.m.
SUBJECT:
Enrolled Bill S. 2125 - New Mexico Land Interest
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
-
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
THE WHITE HOUSE
WASHINGTON
December 26, 1974
MEMORANDUM, FROM:
WARREN HENDRIKS
MAX L. FRIEDERSDORF
SUBJECT:
Action Memorandum Log No. 829
Enrolled Bill S.2125 - New Mexico Land Interest
The Office of Legislative Affairs concurs in the attached proposal
and has no additional recommendations.
Attachment
THE WHITE HOUSE
829
ACTION MEMORANDUM
WASHINGTON
LOG NO.: 828
Date:
December 26, 1974
Time: 9:00 a.m.
FOR ACTION: Mike Duval
CC (for information): Warren Hendriks
Max Friedersdorf
Jerry Jones
Phil Areeda
FROM THE STAFF SECRETARY
DUE: Date: Thursday, December 26
Time:
3:00 p.m.
SUBJECT:
Enrolled Bill S. 2125 - New Mexico Land Interest
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
Please return to Judy Johnston, Ground Floor West Wing
No Objection
P
Aree
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Warren K. Hendriks
telephone the Staff Secretary immediately.
For the President
Calendar No. 986
93D CONGRESS
SENATE
REPORT
2d Session
No. 93-1025
AUTHORIZING RELINQUISHMENT OF A REVERSIONARY
INTEREST IN CERTAIN LANDS IN THE CITY OF
ALBUQUERQUE, N. MEX.
JULY 22, 1974.-Ordered to be printed
Mr. JACKSON, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany S. 2125]
The Committee on Interior and Insular Affairs, to which was referred
the bill (S. 2125) to amend the Act entitled "An Act granting land to
the city of Albuquerque for public purposes", approved June 9, 1906,
having considered the same, reports favorably thereon with amend-
ments and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Strike all after the enacting clause and insert in lieu thereof the
following language:
That the Act of June 9, 1906, entitled "An Act granting land to the city of A1-
buquerque for public purposes" (34 Stat. 227), as amended, is further amended
by adding at the end thereof the following new section:
"SEC. 3. (a) Notwithstanding the provisions of section 1 hereof, the Secretary
of the Interior is authorized to transfer by quitclaim deed or other appropriate
means to the city of Albuquerque, New Mexico, all right, title, and interest re-
maining in the United States in the following described lands:
"PARCEL 1
"A parcel of land situated within the northwest quarter of section 20, township
10 north, range 4 east of the New Mexico principal meridian and within tract
numbered 1 of the Municipal Addition numbered 2, an addition to the city of
Albuquerque, New Mexico, said parcel of land being more particularly described
as follows:
"Beginning at the northwest corner of said tract numbered 1, said north-
west corner being the same as shown on the plat of said addition filed for
record in the office of the county clerk of Bernalillo County, New Mexico,
on July 12, 1955, from which point the northwest corner of said section 20
bears north 89 degrees 29 minutes 40 seconds west, a distance of 1355.11
feet;
38-010
2
3
"thence south 0 degrees 23 minutes 20 seconds west, a distance of 220.88
public purposes; (ii) that the city of Albuquerque will sell such lands at not less
feet to a point on a curve on the new southerly right-of-way line of Lomas
than fair market value; (iii) that the proceeds from the sale thereof will be spent
Boulevard Northeast as shown on the New Mexico State Highway Depart-
to acquire lands located in the North Valley area of the city of Albuquerque
ment right-of-way map for project numbered I-040-3(1)163, and the true
bounded on the west by the Middle Rio Grande Conservancy District right-of-
point of beginning;
way, on the south by Candelaria Road, on the east by private residential areas
"thence southeasterly along said southerly right-of-way line on a curve
along the west boundary of Rio Grande Boulevard, on the north by privately
(said curve being concave to the northeast, having a radius of 1461.13 feet,
owned lands and containing 134.975 acres more or less; (iv) that any lands ac-
a central angle of 2 degrees 37 minutes 42 seconds, and a long chord which
quired with such proceeds are suitable for park and other public purposes; and
bears south 88 degrees 17 minutes 40 seconds east, a distance of 67.02 feet)
(v) that any amount by which the proceeds from the sale of the lands described
a distance of 67.03 feet to a New Mexico State Highway Department right-
in subsection (a) exceeds the purchase price of the lands acquired will be paid to
of-way marker (station 14+47.46) and a point on the westerly right-of-way
the United States.
line of Herndon Street Northeast;
"(c) If the requirements of subsection (b) are satisfied, the Secretary is au-
"thence south 1 degree 49 minutes 00 seconds west, along said westerly
thorized to enter into an agreement or agreements with the city of Albuquerque
right-of-way line, a distance of 11.81 feet to the point of curve marked by a
whereby, in consideration of a quitclaim deed to the city of Albuquerque of all
New Mexico State Highway Department right-of-way marker (station 0+
right, title, and interest remaining in the United States in and to the lands de-
50);
scribed in subsection (a) which have been conveyed to the city of Albuquerque,
"thence southeasterly, along said westerly right-of-way line on a curve
the city of Albuquerque agrees that (i) title to any lands acquired with the
(said curve being concave to the northeast, having a radius of 330.71 feet,
proceeds of the sale of the lands described in subsection (a) will vest in the United
a central angle of 48 degrees 55 minutes 00 seconds and a long chord which
States if such acquired lands ever cease to be used for park and other public
bears south 22 degrees 38 minutes 30 seconds east, a distance of 273.85 feet)
purposes, and (ii) that the city of Albuquerque will, within ninety days after
a distance of 282.35 feet to a New Mexico State Highway Department right-
acquiring such lands, execute a deed to this effect and deliver said deed to the
of-way marker (station 2+89.89);
Secretary.".
"thence north 43 degrees 02 minutes 30 seconds east, along said westerly
right-of-way line, a distance of 10.00 feet to a New Mexico State Highway
2. Amend the title SO as to read: "To amend the Act of June 9, 1906,
Marker (station 2+89.89) and a point on a curve;
entitled 'An Act granting land to the city of Albuquerque for public
"thence southeasterly, along said westerly right-of-way line on a curve
purposes' (34 Stat. 227), as amended.".
(said curve being concave to the southwest, having a radius of 242.58 feet, a
central angle of 33 degrees 46 minutes 00 seconds and a long chord which
bears south 30 degrees 04 minutes 30 seconds east, a distance of 140.09 feet)
I. PURPOSE OF S. 2125
a distance of 142.96 feet to a New Mexico State Highway Department right-
of-way marker (station 4+56);
S. 2125, as ordered reported, would authorize the Secretary of the
"thence north 64 degrees 32 minutes 30 seconds west, a distance of 278.27
Interior to relinquish a reversionary interest in two parcels of land
feet to the westerly boundary line of said tract 1;
"thence north 0 degrees 23 minutes 20 seconds east along said westerly
totaling approximately one acre and located in Albuquerque, New
boundary line, a distance of 259.86 feet to the true point of beginning.
Mexico.
Said parcel of land containing 0.7041 acre more or less.
II. BACKGROUND, DESCRIPTION, AND LEGISLATIVE
"PARCEL 2
HISTORY OF S. 2125
"A parcel of land situated within the northeast quarter of section 20, township
10 north, range 4 east, of the New Mexico principal meridian and within tract 4
The Act of June 9, 1906 (34 Stat. 227) authorized the conveyance
municipal addition numbered 2 an addition to the city of Albuquerque, New Mex-
ico, said parcel of land being more particularly described as follows:
of approximately 640 acres of land to the city of Albuquerque, New
"Beginning at the northeast corner of tract numbered 2 said tract num-
Mexico, for park and other public purposes with a reversionary interest
bered 2 being the same as shown on the plat of said addition filed for record
in the United States if the property were used for unauthorized
in the office of the county clerk of Bernalillo County, New Mexico, on July 12,
purposes pursuant to the Act. The President issued patent for the land
1955, from which point the northeast corner of said section 20 bears north
52 degrees 15 minutes 18 seconds east, a distance of 80.97 feet;
to Albuquerque on November 23, 1914. In 1950, the 81st Congress
"thence south 1 degree 8 minutes 10 seconds east, along the westerly
passed Public Law 695 (64 Stat. 448) which amended the 1906 Act and
right-of-way line of Eubank Boulevard northeast, a distance of 208.78 feet
authorized the city to sell up to one half of the 640 acres upon the
to the true point of beginning;
condition that the proceeds therefrom be used for the construction of
"thence, south 1 degree 8 minutes 10 seconds east, along said westerly
right-of-way line, a distance of 150.20 feet, from which point the State high-
a public auditorium.
way department right-of-way market (station 20+00 end of construction
Over time, the city, pursuant to the 1950 Act, has conveyed into
Eubank) bears south 1 dcgree 8 minutes 10 seconds east, a distance of 85.18
private ownership approximately 217 acres, most of which was sub-
feet;
"thence south 88 degrees 51 minutes 50 seconds west, a distance of 108.00
divided for residential use. Public streets, alleys, easements, schools,
feet to the easterly boundary of a 10-foot public service company easement;
etc. for the subdivision required the dedication of an additional 120
"thence north 1 degree 8 minutes 10 seconds west along said easterly
acres. Thus less than half of the original 640 acre tract remains. The
boundary, a distance of 150.20 feet;
City calculates that a total of about 217 acres have been conveyed
"thence north 88 degrees 51 minutes 50 seconds east, a distance of 108.00
under the 1950 Act, but it is unable to convey any of the remaining 103
feet, to the true point of beginning.
Said parcel of land containing 0.3724 acre more or less.
acres as authorized by the 1950 Act because the public auditorium has
"(b) No conveyance shall be made under this section unless the city of Albu-
been constructed and paid for.
querque has shown to the satisfaction of the Secretary of the Interior (i) that
S. 2125, as ordered reported, would authorize the Secretary to
the lands described in subsection (a) are no longer suitable for park and other
relinquish a reversionary interest in two parcels of land totaling
S.R. 1025
S.R. 1025
4
5
approximately one acre located with the original 640 acre tract. The
III. COMMITTEE VOTE
conveyance would be authorized only if the city shows to the satis-
faction of the Secretary of the Interior that the two parcels are no
The amendment and technical amendments were presented to the
longer suitable for park and other public purposes, that the two
Committee on Interior and Insular Affairs by Public Lands Sub-
parcels will be sold at not less than fair market value, that the pro-
committee Chairman in open mark-up on July 15, 1974. The Commit-
ceeds from the sale of the parcels will be used to acquire another speci-
tee by unanimous voice vote ordered reported an amendment in the
fied tract which is suitable for park and other public purposes, and
nature of a substitute. This vote was taken in open public session and,
that any amount by which the proceeds of sale of the two parcels
because it was previously announced by the Committee in accord with
exceeds the purchase price of the other tract will be paid to the United
the provisions of Section 133(b) of the Legislative Reorganization
States. In addition, the reversionary interest which presently exists
Act of 1946, as amended, it is not necessary that the vote be tabulated
on the two parcels would be transferred to the tract acquired with the
in the Committee Report.
proceeds of the sale of the two parcels.
The city of Albuquerque has informed the Committee that the two
IV. COMMITTEE RECOMMENDATION
parcels are no longer suitable for park and other public purposes and
that it desires to sell the land to help cover the cost of purchasing a
The Committee on Interior and Insular Affairs recommends that
135-acre tract to be used as a park. The city believes that the 135-acre
S. 2125, as ordered reported, be enacted.
tract is located in an area where there is an urgent need for park land.
S. 2125 as introduced by Senator Domenici on July 9, 1973, and
V. COST OF S. 2125
later co-sponsored by Senator Montoya, would have authorized the
city of Albuquerque to sell any acreage that was not sold under the
In accordance with subsection (a) of section 252 of the Legislative
authority of the 1950 Act (approximately 103 acres), if the proceeds
Reorganization Act of 1970, the Committee notes that no additional
therefrom were used to acquire lands for public park purposes. No
budgetary expenditures are involved in the enactment of S. 2125.
such sale could have been made, however, until the Secretary of the
Interior had been provided satisfactory assurances of compliance with
VI. EXECUTIVE COMMUNICATIONS
this condition.
In the Interior Department's negative report on S. 2125 as intro-
Set forth below are the reports from the Department of the Interior
duced, Assistant Secretary John Kyl stated:
and the Office of Management and Budget on S. 2125 and amendment
No. 1230.
"The preservation of lands for use as parks and recreation areas,
particularly within urban areas, is a basic principle of sound land
U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
use planning. While we do not wish to deny the city some measure
of flexibility in utilization of the subject lands, we do not favor a
Washington, D.C., October 10, 1973.
change in land use dedication as to lands conveyed under the
Hon. HENRY M. JACKSON,
Recreation and Public Purposes Act, 44 Stat. 741, 43 U.S.C.
Chairman, Committee on Interior and Insular Affairs, U.S. Senate,
§ 869, or under private laws such as the Act of June 9, 1906,
Washington, D.C.
unless it is shown that the lands are no longer suitable for public
DEAR MR. CHAIRMAN: This is in response to your request for the
purposes and unless provisions are included to carry out to the
views of this Department on S. 2125, a bill "To amend the Act en-
greatest degree feasible the general purpose of the legislation
titled 'An Act granting land to the city of Albuquerque for public
under which the grant was made. Without this showing and absent
purposes', approved June 9, 1906."
such provisions, we feel that enactment of S. 2125 would be con-
We do not favor enactment of the bill.
trary to the intent of the 1906 Act."
The Act of June 9, 1906, 34 Stat. 227, authorized the conveyance of
Subsequent to the October 10, 1973, Public Lands Subcommittee
approximately 640 acres of land to the city of Albuquerque, New
hearing on S. 2125, Senators Domenici and Montoya introduced an
Mexico, for park and other public purposes with a reversionary interest
amendment in the nature of a substitute to S. 2125 (amendment No.
in the United States if the property was used for unauthorized pur-
1230). The amendment, among other things, limited the sale authority
poses. The Act was amended by the Act of August 16, 1950, 64 Stat.
to two tracts comprising less than one acre and transferred the
448, which authorized the city to sell up to ½ of the 640 acres upon
reversionary interest to park lands to be purchased with the proceeds
the condition that the proceeds therefrom be used for the construction
of the sale of the two parcels. Both the Committee and the Depart-
of a public auditorium.
ment, in a new report favorable to the amendment, believe that the
S. 2125 would authorize the city of Albuquerque to sell any acreage
amendment, together with certain technical amendments, would insure
that was not sold under the authority of the 1950 Act if the proceeds
that the original purpose of the 1906 Act would continue to be carried
therefrom are used to acquire lands for public park purposes. No such
out.
sale could be made, however, until the Secretary of the Interior had
been provided satisfactory assurances of compliance with this
condition.
S.R. 1025
S.R. 1025
6
7
Under the 1950 Act, it appears that over a period of time the City
EXECUTIVE OFFICE OF THE PRESIDENT,
conveyed into private ownership a total of about 217 acres, most of
OFFICE OF MANAGEMENT AND BUDGET,
which was subdivided for residential use. Public streets, alleys, ease-
Washington, D.C., October 10, 1973.
ments, schools, etc. for the subdivision required the dedication of an
Hon. HENRY M. JACKSON,
additional 120 acres. Thus less than half of the original 640 acre tract
Chairman, Committee on Interior and Insular Affairs, U.S. Senate,
remains. The City calculates that a total of about 217 acres have been
New Senate Office Building, Washington, D.C.
conveyed under the 1950 Act, but it is unable to convey any of the
remaining 103 acres as authorized by the 1950 Act because the Civic
DEAR MR. CHAIRMAN: This is in response to your requests for the
Auditorium has been constructed and paid for. It appears that S.
views of the Office of Management and Budget on the following bills:
2125 would authorize the sale of the other 103 acres, further diminish-
1. S. 184, "To authorize and direct the Secretary of the Interior
ing the original 640 acre tract.
to sell interests of the United States in certain lands located in the
We understand that the City presently desires to sell several small
State of Alaska to the Gospel Missionary Union" (requested March 8,
parcels totalling about four to six acres which it claims are not suitable
1973);
for public purposes. It proposes to use the proceeds for public park
2. S. 194, "To authorize the Secretary of the Interior to convey to
purposes. The lands which we understand to be proposed for sale
the city of Anchorage, Alaska, interests of the United States in certain
are unimproved and are located along a main road system south of
lands" (requested June 14, 1973);
the area which has been subdivided. The parcels are within a park
3. S. 1111, "To quitclaim the interest of the United States to cer-
and a golf course. The following are descriptions of these tracts and
tain lands in Bonner County, Idaho" (requested September 25,
rough estimates of their value:
1973);
(1) Located at the southeast corner of Lomas and Wyoming Boule-
4. S. 1582, "To provide for the conveyance of certain public lands
vard. Approximately one acre. $125,000.
in Klamath Falls, Oregon, to the occupants thereof, and for other
(2) Area fronting Lomas and next to the City Animal Shelter.
purposes" (requested September 25, 1973);
Approximately 3.66 acres. Because of its shape, a buyer may not
5. S. 2125, "To amend the Act entitled 'An Act granting land to the
want the narrow west end. About 2½ acres would be of use to a pur-
city of Albuquerque for public purposes', approved June 9, 1906"
chaser. $150,000.
(requested July 24, 1973); and,
(3) Located on the west side of Eubank, just north of I-40 Inter-
6. S. 2343, "To authorize the Secretary of the Interior, by quitclaim
change. Approximately ½ acre. $100,000.
deed, all right, title, and interest of the United States in and to certain
lands in Coeur d'Alene, Idaho, in order to eliminate a cloud on the title
We recognize that changing times and conditions may lead to
changes in appropriate land use. However, the City of Albuquerque
to such lands" (requested September 25, 1973).
has not shown that the three tracts or other lands which may be
The Office of Management and Budget concurs in the views of the
authorized to be conveyed under S. 2125 are no longer appropriate
Department of the Interior in its reports on these bills and accordingly
for public purposes.
has no objection to the enactment of S. 184. We have no objection to
The preservation of lands for use as parks and recreation areas
the enactment of S. 194, S. 1582, and S. 2343 if amended as suggested
particularly within urban areas, is a basic principle of sound land
by the Department. However, we recommend against the enactment
of S. 1111 and S. 2125.
use planning. While we do not wish to deny the City some measure
of flexibility in utilization of the subject lands, we do not favor a
Sincerely,
change in land use dedication as to lands conveyed under the Recrea-
WILFRED H. ROMMEL,
tion and Public Purposes Act, 44 Stat. 741, 43 U.S.C. § 869, or under
Assistant Director for Legislative Reference.
private laws such as the Act of June 9, 1906, unless it is shown that
the lands are no longer suitable for public purposes and unless pro-
U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
visions are included to carry out to the greatest degree feasible the
general purpose of the legislation under which the grant was made.
Washington, D.C., May 17, 1974.
Without this showing and absent such provisions, we feel that enact-
Hon. HENRY M. JACKSON,
ment of S. 2125 would be contrary to the intent of the 1906 Act.
Chairman, Committee on Interior and Insular Affairs, U.S. Senate,
The Office of Management and Budget has advised that there is
Washington, D.C.
no objection to the presentation of this report from the standpoint
DEAR MR. CHAIRMAN: In a report sent to you on October 10, 1973,
of the Administration's program.
this Department stated that it opposed enactment of S. 2125, a bill
Sincerely yours,
"To amend the Act entitled 'An Act granting land to the city of
JOHN H. KYL,
Albuquerque for public purposes', approved June 9, 1906." On May 1,
Assistant Secretary of the Interior-
1974 Senators Domenici and Montoya introduced Amendment No.
1230 to S. 2125. In a letter to the Department dated May 1, 1974,
Senator Domenici requested that we report to you whether or not the
Department would find S. 2125 to be acceptable if Amendment No.
1230 is adopted.
S.R. 1025
S.R. 1025
do
9
This is to inform you that we would have no objection to enactment
The Office of Management and Budget concurs in the views of the
of S. 2125 if Amendment No. 1230 is adopted.
Department of the Interior in its report on Amendment No. 1230 to
With the amendment, S. 2125 would authorize the Secretary to
S. 2125, and accordingly has no objection to enactment of S. 2125 if
relinquish a reversionary interest in two parcels of land totaling
Amendment No. 1230 is adopted.
approximately one acre and located in Albuquerque, New Mexico.
Sincerely,
The conveyance would be authorized only if the city shows to the
WILFRED H. ROMMEL,
satisfaction of the Secretary that the two parcels are no longer suitable
Assistant Director for Legislative Reference.
for park and other public purposes, that the two parcels will be sold
at not less than fair market value, that the proceeds from the sale of
VII. CHANGES IN EXISTING LAW
the parcels will be used to acquire another specified tract which is
suitable for park and other public purposes and that any amount by
In compliance with subsection (4) of XXIX of the Standing Rules
which the proceeds of sale of the two parcels exceeds the purchase
of the Senate, the Committee notes that the following change in
price of the other tract will be paid to the United States. In addition,
existing law is made by the bill, S. 2125.
the reversionary interest which presently exists on the two parcels
The Act of June 9, 1906 (P.L. 213, 34 Stat. 227), as amended by
would be transferred to the tract acquired with the proceeds of the
the Act of August 16, 1950 (P.L. 695, 64 Stat. 448).
sale of the two parcels.
Be it enacted by the Senate and House of Representatives of the
The two parcels are part of a 640-acre tract conveyed to the city on
United States of America in Congress assembled, That a patent shall
the condition that the land will revert to the United States if it is
be, and hereby is, authorized to be issued to the city of Albuquerque,
not used for park and other public purposes. The city has informed
in the county of Bernalillo, Territory of New Mexico, for south half
us that the two parcels are no longer suitable for park and other
of section seventeen and north half of section twenty, in township
public purposes and that it desires to sell the land to help cover the
ten north, of range four east, New Mexico principal meridian, con-
cost of purchasing a 135-acre tract to be used as a park. We under-
taining six hundred and forty acres, more or less, upon the payment
stand that the 135-acre tract is located in an area where there is an
of one dollar and twenty-five cents per acre therefor, and upon the
urgent need for park land.
submission of due proof of the incorporation of said city, said land
Ordinarily the Department opposes the relinquishment of a rever-
to be used for park and other public purposes only, and the patent
sionary interest in land. Reverters are attached to land primarily to
to contain the provision that the land shall revert to the United
ensure that the land, usually conveyed gratis or at less than fair market
States whenever it shall not be used for the purposes mentioned in
value, will be used for the purpose it was conveyed. In this instance,
this Act.
however, because of the conditions in Amendment No. 1230, the
SEC. 2. The city of Albuquerque is authorized to convey, without
purpose for the conveyance of the two parcels to the city would in
restrictions as to use, not to exceed one-half of the acreage patented
essence continues to be carried out and the United States would not
under this Act: Provided, however, That all the proceeds derived
lose an interest in land.
from such sale or sales shall be used for the construction of a public
We suggest one technical change. Amendment No. 1230 should be
auditorium, erected either under the sole sponsorship of the city of
revised to include lines 3 through 7 on page 1 of S. 2125 as it was
Albuquerque or, if located upon land owned by the University of
originally introduced.
New Mexico, as a joint project with that university.
The Office of Management and Budget has advised that there is
SEC. 3. (a) Notwithstanding the provisions of section 1 hereof, the
no objection to the presentation of this report from the standpoint
Secretary of the Interior is authorized to transfer by quitclaim deed or
of the Administration's program.
other appropriate means to the city of Albuquerque, New Mexico, all
Sincerely yours,
right, title, and interest remaining in the United States in the following
JACK HORTON,
described lands.
Assistant Secretary of the Interior.
PARCEL 1
EXECUTIVE OFFICE OF THE PRESIDENT,
A parcel of land situated within the northwest quarter of section 20,
OFFICE OF MANAGEMENT AND BUDGET,
township 10 north, range 4 east of the New Mexico principal meridian
Washington, D.C., May 21, 1974.
and within tract numbered 1 of the Municipal Addition numbered 2, an
Hon. HENRY M. JACKSON,
addition to the city of Albuquerque, New Mexico, said parcel of land
being more particularly described as follows:
Chairman, Committee on Interior and Insular Affairs, U.S. Senate,
Beginning at the northwest corner of said tract numbered 1, said
New Senate Office Building, Washington, D.C.
northwest corner being the same as shown on the plat of said addition
DEAR MR. CHAIRMAN: This is in response to your request of May 9,
filed for record in the office of the county clerk of Bernalillo County,
1974, for the views of the Office of Management and Budget on
New Mexico, on July 12, 1955, from which point the northwest
Amendment No. 1230 to S. 2125, a bill "To amend the Act entitled
corner of said section 20 bears north 89 degrees 29 minutes 40 seconds
'An Act granting land to the city of Albuquerque for public purposes,'
west, a distance of 1355.11 feet;
approved June 9, 1906."
S.R. 1025
S.R. 1025
10
11
thence south 0 degrees 23 minutes 20 seconds west, a distance of
220.88-feet to a point on a curve on the new southerly right-of-way
thence south 1 degree 8 minutes 10 seconds east, along the westerly
line of Lomas Boulevard Northeast as shown on the New Mexico
right-of-way line of Eubank Boulevard northeast, a distance of
State Highway Department right-of-way map for project numbered
208.78 feet to the point of beginning;
I-040-3(1)163, and the true point of beginning;
thence, south 1 degree 8 minutes 10 seconds east, along said
thence southeasterly along said southerly right-of-way line on a
westerly right-of-way line, a distance of 150.20 feet, from which
curve (said curve being concave to the northeast, having a radius of
point the State highway department right-of-way marker (station
1461.13 feet, a central angle of 2 degrees 37 minutes 42 seconds, and
20+00 end of construction Eubank) bears south 1 degree 8 minutes
a long chord which bears south 88 degrees 17 minutes 40 seconds
10 seconds east, a distance of 85.18 feet;
east, a distance of 67.02 feet) a distance of 67.03 feet to a New
thence south 88 degrees 51 minutes 50 seconds west, a distance of
Mexico State Highway Department right-of-way marker (station
108.00 feet to the easterly boundary of a 10-foot public service
14+47.46) and a point on the westerly right-of-way line of Herndon
company easement;
Street Northeast;
thence north 1 degree 8 minutes 10 seconds west, along said easterly
thence south 1 degree 49 minutes 00 seconds west, along said
boundary, a distance of 150.20 feet;
westerly right-of-way line, a distance of 11.81 feet to the point of
thence north 88 degrees 51 minutes 50 seconds east, a distance of
curve marked by a New Mexico State Highway Department right-of-
108.00 feet, to the true point of beginning.
way marker (station 0+50);
Said parcel of land containing 0.3724 acre more or less.
thence southeasterly, along said westerly right-of-way line on a
(b) No conveyance shall be made under this section unless the city of
curve (said curve being concave to the northeast, having a radius of
Albuquerque has shown to the satisfaction of the Secretary of the Interior
330.71 feet, a central angle of 48 degrees 55 minutes 00 seconds and
(i) that the lands described in subsection (a) are no longer suitable for park
a long chord which bears south 22 degrees 38 minutes 30 seconds east,
and other public purposes; (ii) that the city of Albuquerque will sell such
a distance of 273.85 feet) a distance of 282.35 feet to a New Mexico
lands at not less than fair market value; (iii) that the proceeds from the
State Highway Department right-of-way marker (station 2+89.89);
sale thereof will be spent to acquire lands located in the North Valley area
thence north 43 degrees 02 minutes 30 seconds east, along said
of the city of Albuquerque bounded on the west by the Middle Rio Grande
westerly right-of-way line, a distance of 10.00 feet to a New Mexico
Conservancy District right-of-way, on the south by candelaria Road, on
State Highway marker (station 2+89.89) and a point on a curve;
the east by private residential areas along the west boundary of Rio Grande
thence southeasterly, along said westerly right-of-way line on a
Boulevard, on the north by privately owned lands and containing 134.975
curve (said curve being concave to the southwest, having a radius of
acres more or less; (iv) that any lands acquired with such proceeds are
242.58 feet, a central angle of 33 degrees 46 minutes 00 seconds and
suitable for park and other public purposes; and (v) that any amount by
a long chord which bears south 30 degrees 04 minutes 30 seconds
which the proceeds from the sale of the lands described in subsection (a)
east, a distance of 140.09 feet) a distance of 142.96 feet to a New
exceeds the purchase price of the lands acquired will be paid to the United
Mexico State Highway Department right-of-way marker (station
States.
4+56);
(c) If the requirements of subsection (b) are satisfied, the Secretary is
thence north 64 degrees 32 minutes 30 seconds west, a distance
authorized to enter into an agreement or agreements with the city of Albu-
of 278.27 feet to the westerly boundary line of said tract 1;
querque whereby, in consideration of a quitclaim deed to the city of Albu-
thence north 0 degrees 23 minutes 20 seconds east along said
querque of all right, title, and interest remaining in the United States in
westerly boundary line, a distance of 259.86 feet to the true point of
and to the lands described in subsection (a) which have been conveyed to
beginning.
the city of Albuquerque, the city of Albuquerque agrees that (i) title to any
Said parcel of land containing 0.7041 acre more or less.
land acquired with the proceeds of the sale of the lands described in sub-
section (a) will vest in the United States if such acquired lands ever cease
to be used for park and other public purposes, and (ii) that the city of
PARCEL 2
Albuquerque will, within ninety days after acquiring such lands, execute a
A parcel of land situate within the northeast quarter of section 20,
deed to this effect and deliver said deed to the Secretary.
township 10 north, range 4 east, of the New Mexico principal meridian
and within tract 4 municipal addition numbered 2 an addition to the
city of Albuquerque, New Mexico, said parcel of land being more par-
ticularly described as follows:
Beginning at the northeast corner of tract numbered 2 said tract
numbered 2 being the same as shown on the plot of said addition
filed for record in the office of the county clerk of Bernalillo County,
New Mexico, on July 12, 1955, from which point the northeast
corner of said section 20 bears north degrees 15 minutes 18
seconds east, a distance of 80.97 feet;
S.R. 1025
S.R. 1025
93D CONGRESS
HOUSE OF REPRESENTATIVES
REPORT
2d Session
No. 93-1592
AMENDING THE ACT OF JUNE 9, 1906, ENTITLED "AN ACT
GRANTING LAND TO THE CITY OF ALBUQUERQUE
FOR PUBLIC PURPOSES" (34 Stat. 227), AS AMENDED
DECEMBER 13, 1974.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed.
Mr. HALEY, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany S. 2125]
The Committee on Interior and Insular Affairs, to whom was
referred the bill (S. 2125) to amend the act of June 9, 1906, entitled
"An Act granting land to the city of Albuquerque for public purposes"
(34 Stat. 227), as amended, having considered the same, report favor-
ably thereon without amendment and recommend that the bill do pass.
PURPOSE OF S. 2125
S. 2125 would authorize the Secretary of the Interior to relinquish
a reversionary interest in two parcels of land totaling approximately
one acre of land located in Albuquerque, New Mexico.
EXPLANATION AND NEED OF S. 2125
The Act of June 9, 1906 (34 Stat. 227) authorized the conveyance
of approximately 640 acres of land to the City of Albuquerque,
N. Mex., for park and other public purposes with a reversionary in-
terest in the United States if the property were used for unauthorized
purposes pursuant to the Act. The President issued patent for the
land to Albuquerque on November 23, 1914. Public Law 695 (64 Stat.
448) was passed in 1950 amending the 1906 Act and authorizing the
city to sell up to one half of the 640 acres upon the condition that the
proceeds therefrom be used for the construction of a public auditorium.
Since the passage of the 1950 Act, the city has conveyed into private
ownership about 217 acres, most of which was subdivided for residen-
tial use. An additional 120 acres was required by the subdivision for
public streets, alleys, schools, etc. Thus, less than half of the original
640 acre tract remains. The city is therefore, unable to convey any of
38-006
2
3
the remaining 103 acres of the 320 as authorized by the 1950 Act be-
proved June 9, 1906, and S. 2125, an act to amend the act of June 9,
cause the public auditorium has been constructed and paid for.
1906, entitled "An Act granting land to the city of Albuquerque for
The City of Albuquerque has indicated that two parcels of land
public purposes" (34 Stat. 227, as amended.
totaling approximately one acre located with the original 640 acre
We do not favor enactment of H.R. 5970, and we would have no ob-
tract are no longer suitable for park and other public purposes. The
jection to enactment of S. 2125 as passed by the Senate.
city desires to sell the land to help cover the cost of purchasing a 135
The Act of June 9, 1906, 34 Stat. 227, authorized the conveyance of
acre tract to be used as a park. The city believes that the 135 acre tract
approximately 640 acres of land to the city of Albuquerque, New
is located in an area where there is an urgent need for park land.
Mexico, for park and other public purposes with a reversionary inter-
S. 2125 would authorize the Secretary of the Interior to relinquish
est in the United States if the property was used for unauthorized pur-
a reversionary interest in two parcels of land totaling approximately
poses. The Act was amended by the Act of August 16, 1950, 64 Stat.
one acre and located with a 640 acre tract conveyed to the City of
448, which authorized the city to sell up to ½ of the 640 acres upon the
Albuquerque in 1906. The conveyance would be authorized only if the
condition that the proceeds therefrom be used for the construction of a
city shows to the satisfaction of the Secretary of the Interior that the
public auditorium. The city calculates that a total of about 217 acres
two parcels are no longer suitable for park and other public purposes,
have been conveyed under the 1950 Act, but it is unable to convey any
that the two parcels will be sold at not less than fair market value,
of the remaining 103 acres as authorized by the 1950 Act because the
that the proceeds from the sale of the parcels will be used to acquire
auditorium has been constructed and paid for.
another specified tract which is suitable for park and other public
purposes, and that any amount by which the proceeds of sale of the two
H.R. 5790
parcels exceeds the purchase price of the other tract will be paid to the
This bill would authorize the city of Albuquerque to sell any acreage
United States. In addition, the reversionary interest which presently
that was not sold under the authority of the 1950 Act if the proceeds
exists on the two parcels would be transferred to the tract acquired
therefrom are used to acquire lands for public park purposes. No sale
with the proceeds of the sale of the two parcels.
could be made, however, until the Secretary of the Interior had been
provided satisfactory assurances of compliance with this condition.
COMMITTEE AMENDMENTS
The preservation of lands for use as parks and recreation areas,
particularly within urban areas, is a basic principle of sound land
There were no Committee amendments to S. 2125.
use planning. While we do not wish to deny the city some measure
of flexibility in utilization of the subject lands, we do not favor a
Cost
change in land use dedication as to lands conveyed under the Recrea-
There will be no additional expenditures necessary by the Federal
tion and Public Purposes Act, 44 Stat. 741, 43 U.S.C. 8869, or under
Government if S. 2125 is enacted into law.
private laws such as the Act of June 9, 1906, unless it is shown that
the lands are no longer suitable for public purposes and unless pro-
COMMITTEE RECOMMENDATION
visions are included to carry out to the greatest degree feasible the
general purpose of the legislation under which the grant was made.
The Committee on Interior and Insular Affairs recommends by voice
Without this showing and absent such provisions, we feel that en-
vote that the bill, S. 2125, be enacted.
actment of H.R. 5970 would be contrary to the intent of the 1906
(H.R. 5970, introduced by Congressman Lujan, is a House com-
Act.
panion bill to S. 2125. Legislative action was taken on S. 2125 to ex-
S. 2125
pedite consideration of this legislation which passed the Senate on
As passed by the Senate, S. 2125 would authorize the Secretary to
July 24, 1974.)
relinquish a reversionary interest in two parcels of land totaling ap-
DEPARTMENTAL REPORTS
proximately one acre. The two parcels are part of the 640-acre tract
The report received by the Committee from the Department of the
conveyed to the city under the 1906 Act described above. The con-
Interior, dated December 8, 1974, follows:
veyance would be authorized only if the city shows to the satisfaction
of the Secretary that the two parcels are no longer suitable for park
DEPARTMENT OF THE INTERIOR,
and other public purposes, that the two parcels will be sold at not
OFFICE OF THE SECRETARY,
less than fair market value, that the proceeds from the sale of the
Washington, D.C., December 8, 1974.
parcels will be used to acquire another specified tract which is suit-
Hon. JAMES A. HALEY,
able for park and other public purposes, and that any amount by
Chairman, Committee on Interior and Insular Affairs, House of
which the proceeds of sale of the two parcels exceeds the purchase
Representatives, Washington, D.C.
price of the other tract will be paid to the United States. In addition,
DEAR MR. CHAIRMAN: This is in response to your request for this
the reversionary interest which presently exists on the two parcels
Department's views on H.R. 5970, a bill to amend the act entitled "An
would be transferred to the tract acquired with the proceeds of the
Act granting land to the city of Albuquerque for public purposes," ap-
sale of the two parcels.
H.R. 1592
H.R. 1592
4
5
The city has informed this Department that the two parcels are no
Sec. 3. (a) Notwithstanding the provisions of section 1 hereof, the
longer suitable for use for park and other public purposes as required
Secretary of the Interior is authorized to transfer by quitclaim deed
by the 1906 Act and that it desires to sell the parcels to help cover
or other appropriate means to the city of Albuquerque, New Mexico,
the cost of purchasing a 135-acre tract to be used as a park. We under-
all right, title, and interest remaining in the United States in the
stand that the 135-acre tract is located in an area where there is an
following described lands.
urgent need for park land.
As explained above, the Department ordinarily opposes the re-
PARCEL 1
linquishment of a reversionary interest in land. Reverters are at-
tached to land primarily to ensure that the land, usually conveyed
A parcel of land situated within the northwest quarter of section
gratis or at less than fair market value, will be used for the purpose
20, township 10 north, range 4 east of the New Mexico principal
it was conveyed. Under S. 2125, instead of being relinquished, the
meridian and within tract numbered 1 of the Municipal Addition
reverter would be transferred to a different tract of land on the condi-
numbered 2, an addition to the city of Alburquerque, New Mexico,
tion that the city shows that the two parcels are no longer suitable for
said parcel of land being more particularly described as follows:
park or other public purposes. The purpose of the 1906 Act would
Beginning at the northwest corner of said tract numbered 1,
therefore continue to be carried out and the United States would not
said northwest corner being the same as shown on the plat of
said addition filed for record in the office of the county clerk
lose an interest in land.
The Office of Management and Budget has advised that there is no
of Bernalillo County, New Mexico, on July 12, 1955, from which
objection to the presentation of this report from the standpoint of the
point the northwest corner of said section 20 bears north 89 de-
Administration's program.
grees 29 minutes 40 seconds west, a distance of 1355.11 feet;
thence south 0 degrees 23 minutes 20 seconds west, a distance of
Sincerely yours,
JOHN H. KYL,
220.88 feet to a point on a curve on the new southerly right-of-way
Assistant Secretary of the Interior.
line of Lomas Boulevard Northeast as shown on the New Mexico
State Highway Department right-of-way map for project num-
CHANGES IN EXISTING LAW
bered I-040-3(1) and the true point of beginning;
thence southeasterly along said southerly right-of-way line on a
In compliance with clause 3 of rule XIII of the Rules of the
curve (said curve being concave to the northeast, having a radius
House of Representatives, changes in existing law made by the bill,
of 1461.13 feet, a central angle of 2 degrees 37 minutes 42 seconds,
as reported, are shown as follows (existing law proposed to be omitted
and a long chord which bears south 88 degrees 17 minutes 40
is enclosed in black brackets, new matter is printed in italic, existing
seconds east, a distance of 67.02 feet) a distance of 67.03 feet to α.
law in which no change is proposed is shown in roman) :
New Mexico State Highway Department right-of-way marker
Act of June 9, 1906 (P.L. 213, 34 Stat. 227), as amended by the
(station 14+47.46) and a point on the westerly right-of-way line
Act of August 16, 1950 (P.L. 695, 64 Stat. 448).
of Herndon Street Northeast;
Be it enacted by the Senate and House of Representatives of the
thence south 1 degree 49 minutes 00 seconds west, along said
United States of America in Congress assembled, That a patent shall
westerly right-of-way line, a distance of 11.81 feet to the point of
be, and hereby is, authorized to be issued to the city of Albuquerque,
curve marked by a New Mexico State Highway Department right-
in the county of Bernalillo, Territory of New Mexico, for south half
of-way marker (station 0+50),
of section seventeen and north half of section twenty, in township
thence southeasterly, along said westerly right-of-way line on a
ten north, of range four east, New Mexico principal meridian, con-
curve (said curve being concave to the northeast, having a radius
taining six hundred and forty acres, more or less, upon the payment
of 330.71 feet, a central angle of 48 degrees 55 minutes 00 seconds
of one dollar and twenty-five cents per acre therefor, and upon the
and a long chord which bears south 22 degrees 38 minutes 30 sec-
submission of due proof of the incorporation of said city, said land
onds east, a distance of 273.85 feet) a distance of 282.35 feet to a
to be used for park and other public purposes only, and the patent
New Mexico State Highway Department right-of-way marker
to contain the provision that the land shall revert to the United
(station 2+89.89), ;
States whenever it shall not be used for the purposes mentioned in
thence north 43 degrees 02 minutes 30 seconds east, along said
this Act.
westerly right-of-way line, a distance of 10.00 feet to a New Mexico
SEC. 2. The city of Albuquerque is authorized to convey, without
State Highway marker (station 2+89.89) and a point on a curve;
restrictions as to use, not to exceed one-half of the acreage patented
thence southeasterly, along said westerly right-of-way line on a
under this Act: Provided, however, That all the proceeds derived
curve (said curve being concave to the southwest, having a radius
from such sale or sales shall be used for the construction of a public
of 242.58 feet, a central angle of 33 degrees 46 minutes 00 seconds
auditorium, erected either under the sole sponsorship of the city of
and a long chord which bears south 30 degrees 04 minutes 30
Albuquerque or, if located upon land owned by the University of
seconds east, a distance of 140.09 feet) a distance of 142.96 feet to a
New Mexico, as a joint project with that university.
New Mexico State Highway Department right-of-way marker
(station 4+56);
H.R. 1592
H.R. 1592
6
7
thence north 64 degrees 32 minutes 30 seconds west, a distance
of 278.27 feet to the westerly boundary line of said tract 1;
(c) If the requirements of subsection (b) are satisfied, the Secretary
thence north 0 degrees 23 minutes 20 seconds east along said
is authorized to enter into an agreement or agreements with the city
westerly boundary line, a distance of 259.86 feet to the true point
of Albuquerque whereby, in consideration of a quitclaim deed to the
of beginning.
city of Albuquerque of all right, title, and interest remaining in the
Said parcel of land containing 0.7041 acre more or less.
United States in and to the lands described in subsection (a) which
have been conveyed to the city of Albuquerque, the city of Albuquerque
PARCEL 2
agrees that (i) title to any land acquired with the proceeds of the sale
of the lands described in subsection (a) will vest in the United States
A parcel of land situated within the northeast quarter of section 20,
if such acquired lands ever cease to be used for park and other public
township 10 north, range 4 east, of the New Mexico principal meridian
purposes, and (ii) that the city of Albuquerque will, within ninety
and within tract 4 municipal addition numbered 2 an addition to the
days after acquiring such lands, execute a deed to this effect and de-
city of Albuquerque, New Mexico, said parcel of land being more par-
liver said deed to the Secretary.
ticularly described as follows:
Beginning at the northeast corner of tract numbered 2 said
tract numbered 2 being the same as shown on the plot of said addi-
tion filed for record in the office of the county clerk of Bernalillo
County, New Mexico, on July 12, 1955, from which point the
northeast corner of said section 20 bears north 52 degrees 15 min-
utes 18 seconds east, a distance of 80.97 feet;
thence south 1 degree 8 minutes 10 seconds east, along the west-
erly right-of-way line of Eubank Boulevard northeast, a distance
of 208.78 feet to the point of beginning;
thence, south 1 degree 8 minutes 10 seconds east, along said
westerly right-of-way line, a distance of 150.20 feet, from which
point the State highway department right-of-way marker (station
20+00 end of construction Eubank) bears south 1 degree 8 minutes
10 seconds east, a distance of 85.18 feet;
thence south 88 degrees 51 minutes 50 seconds west, a distance of
108.00 feet to the easterly boundary of a 10-foot public service
company easement;
thence north 1 degree 8 minutes 10 seconds west, along said east-
erly boundary, a distance of 150.20 feet;
thence north 88 degrees 51 minutes 50 seconds east, a distance of
108.00 feet, to the true point of beginning.
Said parcel of land containing 0.3724 acre more or less.
(b) No conveyance shall be made under this section unless the city
of Albuquerque has shown to the satisfaction of the Secretary of the
Interior (i) that the lands described in subsection (a) are no longer
suitable for park and other public purposes; (ii) that the city of Albu-
querque will sell such lands at not less than fair market value; (iii)
that the proceeds from the sale thereof will be sent to acquire lands
located in the North Valley area of the city of Albuquerque bounded
on the west by the Middle Rio Grande Conservancy District right-of-
way, on the south by Candelaria Road, on the east by private residen-
tial areas along the west boundary of Rio Grande Boulevard, on the
north by privately owned lands and containing 134.975 acres more or
less; (iv) that any lands acquired with such proceeds are suitable for
park and other public purposes; and (v) that any amount by which
the proceeds from the sale of the lands described in subsection (a)
exceeds the purchase price of the lands acquired will be paid to the
United States.
H.R. 1592
H.R. 1592
LIBRARY
FORD
S. 2125
STATE
Ninety-third Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the twenty-first day of January,
one thousand nine hundred and seventy-four
An Act
To amend the Act of June 9, 1906, entitled "An Act granting land to the city of
Albuquerque for public purposes" (34 Stat. 227), as amended.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of
June 9, 1906, entitled "An Act granting land to the city of Albu-
querque for public purposes" (34 Stat. 227), as amended, is further
amended by adding at the end thereof the following new section:
"SEC. 3. (a) Notwithstanding the provisions of section 1 hereof, the
Secretary of the Interior is authorized to transfer by quitclaim deed
or other appropriate means to the city of Albuquerque, New Mexico,
all right, title, and interest remaining in the United States in the
following described lands:
"PARCEL 1
"A parcel of land situated within the northwest quarter of section
20, township 10 north, range 4 east of the New Mexico principal
meridian and within tract numbered 1 of the Municipal Addition
numbered 2, an addition to the city of Albuquerque, New Mexico, said
parcel of land being more particularly described as follows:
"Beginning at the northwest corner of said tract numbered 1,
said northwest corner being the same as shown on the plat of
said addition filed for record in the office of the county clerk of
Bernalillo County, New Mexico, on July 12, 1955, from which
point the northwest corner of said section 20 bears north 89
degrees 29 minutes 40 seconds west, a distance of 1355.11 feet;
"thence south 0 degrees 23 minutes 20 seconds west, a distance
of 220.88 feet to a point on a curve on the new southerly right-of-
way line of Lomas Boulevard Northeast as shown on the New
Mexico State Highway Department right-of-way map for project
numbered I-040-3(1) and the true point of beginning;
"thence southeasterly along said southerly right-of-way line
on a curve (said curve being concave to the northeast, having a
radius of 1461.13 feet, a central angle of 2 degrees 37 minutes
42 seconds, and a long chord which bears south 88 degrees 17
minutes 40 seconds east, a distance of 67.02 feet) a distance of
67.03 feet to a New Mexico State Highway Department right-of-
way marker (station 14+47.46) and a point on the westerly
right-of-way line of Herndon Street Northeast;
"thence south 1 degree 49 minutes 00 seconds west, along said
westerly right-of-way line, a distance of 11.81 feet to the point
of curve marked by a New Mexico State Highway Department
right-of-way marker (station 0+50) ;
"thence southeasterly, along said westerly right-of-way line on
a curve (said curve being concave to the northeast, having a radius
of 330.71 feet, a central angle of 48 degrees 55 minutes 00 seconds
and a long chord which bears south 22 degrees 38 minutes 30
seconds east, a distance of 273.85 feet) a distance of 282.35 feet to
a New Mexico State Highway Department right-of-way marker
(station 2+89.89) ;
"thence north 43 degrees 02 minutes 30 seconds east, along said
westerly right-of-way line, a distance of 10.00 feet to a New
Mexico State Highway marker (station 2+89.89) and a point
on a curve;
"thence southeasterly, along said westerly right-of-way line on
a curve (said curve being concave to the southwest, having a
radius of 242.58 feet, a central angle of 33 degrees 46 minutes 00
S. 2125-2
seconds and a long chord which bears south 30 degrees 04 minutes
30 seconds east, a distance of 140.09 feet) a distance of 142.96
feet to a New Mexico State Highway Department right-of-way
marker (station 4+56) ;
"thence north 64 degrees 32 minutes 30 seconds west, a distance
of 278.27 feet to the westerly boundary line of said tract 1;
"thence north 0 degrees 23 minutes 20 seconds east along said
westerly boundary line, a distance of 259.86 feet to the true point
of beginning.
Said parcel of land containing 0.7041 acre more or less.
"PARCEL 2
"A parcel of land situated within the northeast quarter of section
20, township 10 north, range 4 east, of the New Mexico principal
meridian and within tract 4 municipal addition numbered 2 an addi-
tion to the city of Albuquerque, New Mexico, said parcel of land
being more particularly described as follows:
"Beginning at the northeast corner of tract numbered 2 said
tract numbered 2 being the same as shown on the plat of said
addition filed for record in the office of the county clerk of
Bernalillo County, New Mexico, on July 12, 1955, from which
point the northeast corner of said section 20 bears north 52 degrees
15 minutes 18 seconds east, a distance of 80.97 feet;
"thence south 1 degree 8 minutes 10 seconds east, along the
westerly right-of-way line of Eubank Boulevard northeast, a
distance of 208.78 feet to the true point of beginning;
"thence south 1 degree 8 minutes 10 seconds east, along said
westerly right-of-way line, a distance of 150.20 feet, from which
point the State highway department right-of-way marker (sta-
tion 20+00 end of construction Eubank) bears south 1 degree 8
minutes 10 seconds east, a distance of 85.18 feet;
"thence south 88 degrees 51 minutes 50 seconds west, a distance
of 108.00 feet to the easterly boundary of a 10-foot public service
company easement;
"thence north 1 degree 8 minutes 10 seconds west, along said
easterly boundary, a distance of 150.20 feet;
"thence north 88 degrees 51 minutes 50 seconds east, a distance
of 108.00 feet, to the true point of beginning.
Said parcel of land containing 0.3724 acre more or less.
"(b) No conveyance shall be made under this section unless the city
of Albuquerque has shown to the satisfaction of the Secretary of the
Interior (i) that the lands described in subsection (a) are no longer
suitable for park and other public purposes; (ii) that the city of
Albuquerque will sell such lands at not less than fair market value;
(iii) that the proceeds from the sale thereof will be spent to acquire
lands located in the North Valley area of the city of Albuquerque
bounded on the west by the Middle Rio Grande Conservancy District
right-of-way, on the south by Candelaria Road, on the east by private
residential areas along the west boundary of Rio Grande Boulevard,
on the north by privately owned lands and containing 134.975 acres
more or less; (iv) that any lands acquired with such proceeds are
suitable for park and other public purposes; and (v) that any amount
by which the proceeds from the sale of the lands described in sub-
section (a) exceeds the purchase price of the lands acquired will be
paid to the United States.
S. 2125-3
"(c) If the requirements of subsection (b) are satisfied, the Secre-
tary is authorized to enter into an agreement or agreements with the
city of Albuquerque whereby, in consideration of a quitclaim deed
to the city of Albuquerque of all right, title, and interest remaining
in the United States in and to the lands described in subsection (a)
which have been conveyed to the city of Albuquerque, the city of Albu-
querque agrees that (i) title to any lands acquired with the proceeds
of the sale of the lands described in subsection (a) will vest in the
United States if such acquired lands ever cease to be used for park
and other public purposes, and (ii) that the city of Albuquerque will,
within ninety days after acquiring such lands, execute a deed to this
effect and deliver said deed to the Secretary.".
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
December 19, 1974
Dear Mr. Director:
The following bills were received at the White
House on December 19th:
S.J. Res 234
B. 2838
S. 3578
X
S. 184
X
S. 3341
S. 3615
Y
M.R. 3538
X
S. 194
S. 3397
S. 1283
x
S. 3418
M.R. 14401
X
S. 1357
X
S. 3489
K.R. 15912
Y
S. 2125
X
S. 3518
H.R. 16609
&
S. 2594
X
8. 3574
X
H.R. 16901
Please let the President have reports and
recommendations as to the approval of these
bills as soon as possible.
Sincerely,
Robert D. Linder
Chief Executive Clerk
The Honorable Roy L. Ash
Director
Office of Management and Budget
Washington, D. C.