Home > 107th Congressional Public Laws > Pub.L. 107-336 To authorize the Secretary of the Interior to make adjustments to the boundary of the National Park of American Samoa to include certain portions of the islands of Ofu and Olosega within the park, and for other purposes. <

Pub.L. 107-336 To authorize the Secretary of the Interior to make adjustments to the boundary of the National Park of American Samoa to include certain portions of the islands of Ofu and Olosega within the park, and for other purposes. <
Web GovRecords.org


[[Page 2877]]

                    LEASE LOT CONVEYANCE ACT OF 2002

[[Page 116 STAT. 2878]]

Public Law 107-335
107th Congress

                                 An Act

To direct the Secretary of the Interior to convey certain properties in 
the vicinity of the Elephant Butte Reservoir and the Caballo Reservoir, 
           New Mexico. <<NOTE: Dec. 16, 2002 -  [H.R. 706]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Lease Lot Conveyance Act of 
2002.>>  assembled,


    This Act may be cited as the ``Lease Lot Conveyance Act of 2002''.


    The Congress finds that the conveyance of the Properties to the 
Lessees for fair market value would have the beneficial results of--
            (1) eliminating Federal payments in lieu of taxes and 
        associated management expenditures in connection with the 
        Government's ownership of the Properties, while increasing local 
        tax revenues from the new owners;
            (2) sustaining existing economic conditions in the vicinity 
        of the Properties, while providing the new owners of the 
        Properties the security to invest in permanent structures and 
        improvements; and
            (3) adding needed jobs to the county in which the Properties 
        are located and increasing revenue to the county and surrounding 
        communities through property and gross receipt taxes, thereby 
        increasing economic stability and a sustainable economy in one 
        of the poorest counties in New Mexico.


    In this Act:
            (1) Fair market value.--The term ``fair market value'' 
        means, with respect to a parcel of property, the value of the 
        property determined--
                    (A) without regard to improvements constructed by 
                the Lessee of the property;
                    (B) by an appraisal in accordance with the Uniform 
                Standards for Federal Land Acquisitions; and
                    (C) by an appraiser approved by the Secretary and 
                the purchaser.
            (2) Irrigation districts.--The term ``Irrigation Districts'' 
        means the Elephant Butte Irrigation District and the El Paso 
        County Water Improvement District No. 1.
            (3) Lessee.--The term ``Lessee'' means the leaseholder of a 
        Property on the date of enactment of this Act, and any

[[Page 116 STAT. 2879]]

        heir, executor, or assign of the leaseholder with respect to 
        that leasehold interest.
            (4) Property.--The term ``Property'' means any of the cabin 
        sites comprising the Properties.
            (5) Properties.--The term ``Properties'' means all the real 
        property comprising 403 cabin sites under the administrative 
        jurisdiction of the Bureau of Reclamation that are located along 
        the western portion of the reservoirs in Elephant Butte State 
        Park and Caballo State Park, New Mexico, including easements, 
        roads, and other appurtenances. The exact acreage and legal 
        description of such real property shall be determined by the 
        Secretary after consulting with the Purchaser.
            (6) Purchaser.--The term ``Purchaser'' means the Elephant 
        Butte/Caballo Leaseholders Association, Inc., a nonprofit 
        corporation established under the laws of New Mexico.
            (7) Reservoirs.--The term ``reservoirs'' means the Elephant 
        Butte Reservoir and the Caballo Reservoir in the State of New 
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.


    (a) In General.--The Secretary shall convey to the Purchaser in 
accordance with this Act, subject to valid existing rights, all right, 
title, and interest of the United States in and to the Properties and 
all appurtenances thereto, including specifically easements for--
            (1) vehicular access to each Property;
            (2) drainage; and
            (3) access to and the use of all ramps, retaining walls, and 
        other improvements for which access is
provided under the leases that apply to the Properties as of the date of 
the enactment of this Act.

    (b) Consideration.--As consideration for any conveyance under this 
section, the Secretary shall require the Purchaser to pay to the United 
States fair market value of the Properties.


    (a) Specific Conditions.--As conditions of any conveyance to the 
Purchaser under this Act, the Secretary shall require the following:
            (1) Leaseholders' option.--The Purchaser shall grant to each 
        Lessee of a Property an option--
                    (A) to purchase the Property at fair market value; 
                    (B) to continue leasing the Property on terms to be 
                negotiated with the Purchaser.
            (2) Administrative costs.--Any reasonable administrative 
        cost incurred by the Secretary incident to the conveyance under 
        section 6 shall be reimbursed by the Purchaser.

    (b) Restrictive Use Covenant.--
            (1) In general.--To maintain the unique character of the 
        area in the vicinity of the Reservoirs, the Secretary shall 
        establish, by the terms of conveyance, use restrictions to carry 
        out paragraph (2) that--
                    (A) are appurtenant to, and run with, each Property; 

[[Page 116 STAT. 2880]]

                    (B) are binding upon each subsequent owner of each 
            (2) Access to reservoirs.--The use restrictions required by 
        paragraph (1) shall ensure that--
                    (A) public access to and along the shoreline of the 
                Reservoirs in existence on the date of enactment of this 
                Act is not obstructed;
                    (B) adequate public access to and along the 
                shoreline of the Reservoirs is maintained; and
                    (C) the operation of the Reservoirs by the Secretary 
                or the Irrigation Districts shall not result in 
                liability of the United States or the Irrigation 
                Districts for damages incurred, as a direct or indirect 
                result of such operation, by the owner of any Property 
                conveyed under this Act, including--
                          (i) damages for any loss of use or enjoyment 
                      of a Property; and
                          (ii) damages resulting from any modifications 
                      or construction of any reservoir dam.

    (c) Timing.--
            (1) In general.--The Secretary shall convey the Properties 
        under this Act as soon as practicable after the date of 
        enactment of this Act and in accordance with all applicable law.
            (2) <<NOTE: Deadline.>>  Report.--If the Secretary has not 
        completed conveyance of the Properties to the Purchaser by the 
        end of the 1-year period beginning on the date of the enactment 
        of this Act, the Secretary shall, before the end of that period, 
        submit a report to the Congress explaining the reasons that 
        conveyance has not been completed and stating the date by which 
        the conveyance will be completed.

    (d) Reimbursement of Purchaser's Costs.--The terms of conveyance 
shall authorize the Purchaser to require each Lessee to reimburse the 
Purchaser for a proportionate share of the costs incurred by the 
Purchaser in completing the transactions pursuant to this Act, including 
any interest charges.


    After <<NOTE: Notification.>>  conveyance of the Properties to the 
Purchaser, if any Lessee has a dispute with or claim against the 
Purchaser or any of its officers, directors, or members arising from the 
Properties, the Lessee shall promptly give written notice of the dispute 
or claim to the Purchaser. If such notice is not provided to the 
Purchaser within 20 days after the date the Lessee knew or should have 
known of such dispute or claim, then any right of the Lessee for relief 
based on such dispute or claim shall be waived. If the Lessee and the 
Purchaser are unable to resolve the dispute or claim by mediation, the 
dispute or claim shall be resolved by binding arbitration.


    No conveyance under this Act shall restrict or limit the authority 
or ability of the Secretary to fulfill the duties of the Secretary under 
the Act of June 17, 1902 (32 Stat. 388, chapter

[[Page 116 STAT. 2881]]

1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 
371 et seq.).

    Approved December 16, 2002.


HOUSE REPORTS: No. 107-368 (Comm. on Resources).
SENATE REPORTS: No. 107-287 (Comm. on Energy and Natural Resources).
            Mar. 19, considered and passed House.
            Nov. 19, considered and passed Senate.


Pages: 1

Other Popular 107th Congressional Public Laws Documents:

1 Pub.L. 107-054 Providing for the reappointment of Anne d'Harnoncourt as a citizen regent of the Board of Regents of the Smithsonian Institution. <> ...
2 Pub.L. 107-072 To amend the Improving America's Schools Act of 1994 to extend the favorable treatment of need-based educational aid under the antitrust laws, and for other purposes. <> ...
3 Pub.L. 107-091 To provide for the establishment of the Detroit River International Wildlife Refuge in the State of Michigan, and for other purposes. <> ...
4 Pub.L. 107-247 To increase, effective as of December 1, 2002, the rates of compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for the survivors of certain disabled veterans. <
5 Pub.L. 107-238 To modify the boundary of Vicksburg National Military Park to include the property known as Pemberton's Headquarters, and for other purposes. <> ...
6 Pub.L. 107-292 To reauthorize the Native American Housing Assistance and Self- Determination Act of 1996. <> ...
7 Pub.L. 107-353 To provide for the conveyance of Forest Service facilities and lands ...
8 Pub.L. 107-026 To reauthorize the Tropical Forest Conservation Act of 1998 through fiscal year 2004, and for other purposes. <> ...
9 Pub.L. 107-036 To designate the facility of the United States Postal Service located at 2719 South Webster Street in Kokomo, Indiana, as the ``Elwood Haynes `Bud' Hillis Post Office Building''. <> ...
10 Pub.L. 107-304 To amend title 5, United States Code, to allow certain catch-up ...
11 Pub.L. 107-171 To provide for the continuation of agricultural programs through fiscal year 2007, and for other purposes. <> ...
12 Pub.L. 107-137 To authorize the Secretary of the Interior to establish the Ronald Reagan Boyhood Home National Historic Site, and for other purposes. <> ...
13 Pub.L. 107-030 To provide further protections for the watershed of the Little Sandy River as part of the Bull Run Watershed Management Unit, Oregon, and for other purposes. <> ...
14 Pub.L. 107-290 To amend the District of Columbia Retirement Protection Act of 1997 to ...
15 Pub.L. 107-195 To eliminate the deadlines for spectrum auctions of spectrum previously allocated to television broadcasting. <> ...
16 Pub.L. 107-357 To amend the Act entitled ``An Act to authorize the Establishment of the ...
17 Pub.L. 107-270 To designate the facility of the United States Postal Service located at 1895 Avenida Del Oro in Oceanside, California, as the ``Ronald C. Packard Post Office Building''. <> ...
18 Pub.L. 107-143 Recognizing the 91st birthday of Ronald Reagan. <> ...
19 Pub.L. 107-115 Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2002, and for other purposes. <> ...
20 P.R. 006 () For the relief of So Hyun Jun. <> [Document Status (Version] ...
21 Pub.L. 107-051 Memorializing fallen firefighters by lowering the American flag to half- staff in honor of the National Fallen Firefighters Memorial Service in Emmitsburg, Maryland. <> ...
22 Pub.L. 107-246 To make available funds under the Foreign Assistance Act of 1961 to ...
23 Pub.L. 107-141 To reauthorize the Asian Elephant Conservation Act of 1997. <> ...
24 Pub.L. 107-210 To extend the Andean Trade Preference Act, to grant additional trade benefits under that Act, and for other purposes. <> ...
25 Pub.L. 107-121 To amend title XIX of the Social Security Act to clarify that Indian ...
26 Pub.L. 107-022 To amend the Internal Revenue Code of 1986 to rename the education individual retirement accounts as the Coverdell education savings accounts. <> ...
27 Pub.L. 107-203 To provide for an independent investigation of Forest Service firefighter deaths that are caused by wildfire entrapment or burnover. <> ...
28 Pub.L. 107-049 To designate the Federal building and United States courthouse located at 121 West Spring Street in New Albany, Indiana, as the ``Lee H. Hamilton Federal Building and United States Courthouse''. <> %%Filen...
29 Pub.L. 107-245 To facilitate famine relief efforts and a comprehensive solution to the war in Sudan. <> ...
30 Pub.L. 107-042 To preserve the continued viability of the United States air transportation system. <> ...

Other Documents:

107th Congressional Public Laws Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions


1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy