II 

Calendar No. 543 

109TH CONGRESS 

2D SESSION S. 1529 

[Report No. 109–300] 

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

Arizona. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2005 

Mr. KYL (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

JULY 31, 2006 

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide for the conveyance of certain Federal land in 

the city of Yuma, Arizona. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘City of Yuma Improve5 ment Act’’. 


cprice-sewell on PROD1PC62 with BILLS
2 

•S 1529 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

4 Yuma, Arizona. 

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

6 means the Bureau of Reclamation land depicted on 

7 the map and more particularly described as— 

8 (A) parcels 2 and 3 of tract 1; 

9 (B) a portion of parcel 110–73–019; 

10 (C) the old Arizona Department of Trans11 portation weigh station; 

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

13 (E) the future drying bed location; and 

14 (F) the future Arizona Welcome Center. 

15 (3) MAP.—The term ‘‘map’’ means the map en16 titled ‘‘City of Yuma Proposed Property Ownership’’ 

17 and dated July 25, 2005. 

18 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed19 eral land’’ means the non-Federal land depicted on 

20 the map and generally known as the ‘‘Railroad Par21 cels’’. 

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

23 the Secretary of the Interior. 


cprice-sewell on PROD1PC62 with BILLS
3 

•S 1529 RS

1 SEC. 3. CONVEYANCE OF FEDERAL LAND AND NON-FED2 ERAL LAND. 

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

4 easements, and rights-of-way, and in accordance with sub5 section (b), the Secretary shall convey all right, title, and 

6 interest of the United States in and to the Federal land 

7 to the City in exchange for the non-Federal land. 

8 (b) TITLE TO NON-FEDERAL LAND.— 

9 (1) IN GENERAL.—On receipt of a deed con10 veying to the United States fee simple title to the 

11 non-Federal land that meets the requirements under 

12 paragraph (2), the Secretary shall record a deed 

13 from the United States that conveys to the City fee 

14 simple title to the Federal land. 

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

16 land shall— 

17 (A) conform with the regulations and title 

18 approval standards of the Attorney General 

19 that are applicable to Federal land acquisitions; 

20 and 

21 (B) include all valid existing rights, ease22 ments, and rights-of-way. 

23 (c) ADMINISTRATION OF ACQUIRED LAND.—The 

24 Secretary, acting through the Commissioner of Reclama25 tion, shall administer the non-Federal land acquired by 

26 the Secretary. 


cprice-sewell on PROD1PC62 with BILLS
4 

•S 1529 RS

1 (d) RELEASE FROM LIABILITY.—Effective on the 

2 date of conveyance to the City of the parcel of Federal 

3 land under subsection (a), the United States shall not be 

4 liable for damages arising out of any act, omission, or oc5 currence relating to the Federal land and facilities con6 veyed, but shall continue to be liable for damages caused 

7 by acts of negligence committed by the United States or 

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

9 date of conveyance, consistent with chapter 171 of title 

10 28, United States Code. 

11 (e) ADMINISTRATIVE COSTS.—All administrative 

12 costs relating to the conveyance of the Federal land and 

13 non-Federal land under subsection (a) shall be paid by the 

14 City to the United States. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘City of Yuma Improve17 ment Act’’. 

18 SEC. 2. DEFINITIONS. 

19 In this Act: 

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

21 Yuma, Arizona. 

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

23 means the Bureau of Reclamation land depicted on 

24 the map and more particularly described as— 

25 (A) parcels 2 and 3 of tract 1; 


cprice-sewell on PROD1PC62 with BILLS
5 

•S 1529 RS

1 (B) a portion of parcel 110–73–019; 

2 (C) the old Arizona Department of Trans3 portation weigh station; 

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

5 (E) the future drying bed location; and 

6 (F) the future Arizona Welcome Center. 

7 (3) MAP.—The term ‘‘map’’ means the map enti8 tled ‘‘City of Yuma Proposed Property Ownership’’ 

9 and dated July 25, 2005. 

10 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed11 eral land’’ means the non-Federal land depicted on 

12 the map and generally known as the ‘‘Railroad Par13 cels’’. 

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

15 the Secretary of the Interior. 

16 SEC. 3. CONVEYANCE OF FEDERAL LAND AND NON-FED17 ERAL LAND. 

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

19 easements, and rights-of-way, and in accordance with this 

20 Act, the Secretary shall convey all right, title, and interest 

21 of the United States in and to the Federal land to the City 

22 in exchange for the non-Federal land. 

23 (b) TITLE TO NON-FEDERAL LAND.— 

24 (1) IN GENERAL.—On receipt of a deed con25 veying to the United States fee simple title to the nonVerDate Aug 31 2005 03:40 Aug 01, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S1529.RS S1529

cprice-sewell on PROD1PC62 with BILLS
6 

•S 1529 RS

1 Federal land that meets the requirements under para2 graph (2), the Secretary shall record a deed from the 

3 United States that conveys to the City fee simple title 

4 to the Federal land. 

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

6 land shall— 

7 (A) conform with the regulations and title 

8 approval standards of the Attorney General that 

9 are applicable to Federal land acquisitions; and 

10 (B) include all valid existing rights, ease11 ments, and rights-of-way. 

12 (c) ADMINISTRATION OF ACQUIRED LAND.—The Sec13 retary, acting through the Commissioner of Reclamation, 

14 shall administer the non-Federal land acquired by the Sec15 retary. 

16 (d) RELEASE FROM LIABILITY.—Effective on the date 

17 of conveyance to the City of the parcel of Federal land under 

18 subsection (a), the United States shall not be liable for dam19 ages arising out of any act, omission, or occurrence relating 

20 to the Federal land and facilities conveyed, but shall con21 tinue to be liable for damages caused by acts of negligence 

22 committed by the United States or by any employee or 

23 agent of the United States before the date of conveyance, 

24 consistent with chapter 171 of title 28, United States Code. 


cprice-sewell on PROD1PC62 with BILLS
7 

•S 1529 RS

1 (e) ADMINISTRATIVE COSTS.—All administrative costs 

2 relating to the conveyance of the Federal land and non-Fed3 eral land under subsection (a) shall be paid by the City 

4 to the United States. 

5 (f) VALUATION, APPRAISALS, AND EQUALIZATION.— 

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

7 the non-Federal land— 

8 (A) shall be equal, as determined by ap9 praisals conducted in accordance with para10 graph (2); or 

11 (B) if not equal, shall be equalized in ac12 cordance with paragraph (3). 

13 (2) APPRAISALS.— 

14 (A) IN GENERAL.—The Federal land and 

15 non-Federal land shall be appraised by an inde16 pendent appraiser selected by the Secretary. 

17 (B) REQUIREMENTS.—An appraisal con18 ducted under subparagraph (A) shall be con19 ducted in accordance with— 

20 (i) the Uniform Appraisal Standards 

21 for Federal Land Acquisition; and 

22 (ii) the Uniform Standards of Profes23 sional Appraisal Practice. 

24 (C) EQUALIZATION OF VALUES.— 


cprice-sewell on PROD1PC62 with BILLS
8 

•S 1529 RS

1 (i) IN GENERAL.—If the value of the 

2 Federal land and the non-Federal land is 

3 not equal, the value may be equalized by— 

4 (I) the Secretary making a cash 

5 equalization payment to the City; 

6 (II) the City making a cash 

7 equalization payment to the Secretary; 

8 or 

9 (III) reducing the acreage of the 

10 Federal land or non-Federal land, as 

11 appropriate. 

12 (ii) DISPOSITION OF PROCEEDS.—Any 

13 cash equalization payments received by the 

14 Secretary under clause (i)(II) shall be de15 posited in the general fund of the Treasury. 

16 SEC. 4. CONVEYANCE OF UNITED STATES FISH AND WILD17 LIFE SERVICE LAND TO THE CITY OF YUMA. 

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

19 Secretary shall convey to the City by quitclaim deed, all 

20 right, title, and interest of the United States in and to the 

21 parcel of United States Fish and Wildlife Service land lo22 cated at 356 West First Street, Yuma, Arizona. 

23 (b) CONSIDERATION.—In exchange for the conveyance 

24 of land under subsection (a), the City shall pay to the Sec25 retary consideration in an amount that reflects the fair 


cprice-sewell on PROD1PC62 with BILLS
9 

•S 1529 RS

1 market value of the land conveyed to the City under that 

2 subsection, as determined by an appraisal prepared in ac3 cordance with— 

4 (1) the Uniform Appraisal Standards for Fed5 eral Land Acquisitions; and 

6 (2) the Uniform Standards of Professional Ap7 praisal Practice. 

8 (c) ADMINISTRATIVE COSTS.—Any administrative 

9 costs relating to the conveyance of land under subsection 

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

11 (d) DISPOSITION OF PROCEEDS.—The Secretary shall 

12 deposit the proceeds of the sale of land under subsection (a) 

13 in the general fund of the Treasury. 


cprice-sewell on PROD1PC62 with BILLS
Calendar No. 543 

109TH CONGRESS 

2D SESSION S. 1529 

[Report No. 109

–300] 

A BILL 

To provide for the conveyance of certain Federal 

land in the city of Yuma, Arizona. 

JULY 31, 2006 

Reported with an amendment 


cprice-sewell on PROD1PC62 with BILLS