PUBLIC LAW 109–454—DEC. 22, 2006 120 STAT. 3369

Public Law 109–454

109th Congress

An Act

To provide for the conveyance of certain Federal land in the city of Yuma, Arizona.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘City of Yuma Improvement

Act’’.

SEC. 2. DEFINITIONS.

In this Act:

(1) CITY.—The term ‘‘City’’ means the city of Yuma,

Arizona.

(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the

Bureau of Reclamation land depicted on the map and more

particularly described as—

(A) parcels 2 and 3 of tract 1;

(B) a portion of parcel 110–73–019;

(C) the old Arizona Department of Transportation

weigh station;

(D) portions of blocks 52, 53, 54, and 55;

(E) the future drying bed location; and

(F) the future Arizona Welcome Center.

(3) MAP.—The term ‘‘map’’ means the map entitled ‘‘City

of Yuma Proposed Property Ownership’’ and dated July 25,

2005.

(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’

means the non-Federal land depicted on the map and generally

known as the ‘‘Railroad Parcels’’.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of the Interior.

SEC. 3. CONVEYANCE OF FEDERAL LAND AND NON-FEDERAL LAND.

(a) IN GENERAL.—Subject to valid existing rights, easements,

and rights-of-way, and in accordance with this Act, the Secretary

shall convey all right, title, and interest of the United States in

and to the Federal land to the City in exchange for the nonFederal land.

(b) TITLE TO NON-FEDERAL LAND.—

(1) IN GENERAL.—On receipt of a deed conveying to the

United States fee simple title to the non-Federal land that

meets the requirements under paragraph (2), the Secretary

shall record a deed from the United States that conveys to

the City fee simple title to the Federal land.

(2) REQUIREMENTS.—Title to the non-Federal land shall—

City of Yuma

Improvement

Act.

Dec. 22, 2006

[S. 1529]

120 STAT. 3370 PUBLIC LAW 109–454—DEC. 22, 2006

(A) conform with the regulations and title approval

standards of the Attorney General that are applicable to

Federal land acquisitions; and

(B) include all valid existing rights, easements, and

rights-of-way.

(c) ADMINISTRATION OF ACQUIRED LAND.—The Secretary, acting

through the Commissioner of Reclamation, shall administer the

non-Federal land acquired by the Secretary.

(d) RELEASE FROM LIABILITY.—Effective on the date of conveyance to the City of the parcel of Federal land under subsection

(a), the United States shall not be liable for damages arising out

of any act, omission, or occurrence relating to the Federal land

and facilities conveyed, but shall continue to be liable for damages

caused by acts of negligence committed by the United States or

by any employee or agent of the United States before the date

of conveyance, consistent with chapter 171 of title 28, United States

Code.

(e) ADMINISTRATIVE COSTS.—All administrative costs relating

to the conveyance of the Federal land and non-Federal land under

subsection (a) shall be paid by the City to the United States.

(f) VALUATION, APPRAISALS, AND EQUALIZATION.—

(1) IN GENERAL.—The value of the Federal and the nonFederal land—

(A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or

(B) if not equal, shall be equalized in accordance with

paragraph (3).

(2) APPRAISALS.—

(A) IN GENERAL.—The Federal land and non-Federal

land shall be appraised by an independent appraiser

selected by the Secretary.

(B) REQUIREMENTS.—An appraisal conducted under

subparagraph (A) shall be conducted in accordance with—

(i) the Uniform Appraisal Standards for Federal

Land Acquisition; and

(ii) the Uniform Standards of Professional

Appraisal Practice.

(C) EQUALIZATION OF VALUES.—

(i) IN GENERAL.—If the value of the Federal land

and the non-Federal land is not equal, the value may

be equalized by—

(I) the Secretary making a cash equalization

payment to the City;

(II) the City making a cash equalization payment to the Secretary; or

(III) reducing the acreage of the Federal land

or non-Federal land, as appropriate.

(ii) DISPOSITION OF PROCEEDS.—Any cash equalization payments received by the Secretary under clause

(i)(II) shall be deposited in the general fund of the

Treasury.

SEC. 4. CONVEYANCE OF UNITED STATES FISH AND WILDLIFE SERVICE

LAND TO THE CITY OF YUMA.

(a) IN GENERAL.—Subject to valid existing rights, the Secretary

shall convey to the City by quitclaim deed, all right, title, and

interest of the United States in and to the parcel of United States

Effective date.

PUBLIC LAW 109–454—DEC. 22, 2006 120 STAT. 3371

LEGISLATIVE HISTORY—S. 1529:

SENATE REPORTS: No. 109–300 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 152 (2006):

Dec. 7, considered and passed Senate.

Dec. 8, considered and passed House.

Æ

Fish and Wildlife Service land located at 356 West First Street,

Yuma, Arizona.

(b) CONSIDERATION.—In exchange for the conveyance of land

under subsection (a), the City shall pay to the Secretary consideration in an amount that reflects the fair market value of the

land conveyed to the City under that subsection, as determined

by an appraisal prepared in accordance with—

(1) the Uniform Appraisal Standards for Federal Land

Acquisitions; and

(2) the Uniform Standards of Professional Appraisal Practice.

(c) ADMINISTRATIVE COSTS.—Any administrative costs relating

to the conveyance of land under subsection (a) shall be paid by

the City to the United States.

(d) DISPOSITION AND USE OF PROCEEDS.—Amounts paid to the

Secretary under subsection (b) shall be available to the Secretary,

without further appropriation and until expended, to pay—

(1) the administrative costs of the conveyance under subsection (a); and

(2) the costs of constructing the Kofa National Wildlife

Refuge headquarters and visitor center in Yuma, Arizona.

Approved December 22, 2006.