109TH CONGRESS

2D SESSION S. 1529

AN ACT

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’’.
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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.
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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 this

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

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

7 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.
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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 (f) VALUATION, APPRAISALS, AND EQUALIZATION.—

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

17 and the non-Federal land—

18 (A) shall be equal, as determined by ap19 praisals conducted in accordance with para20 graph (2); or

21 (B) if not equal, shall be equalized in ac22 cordance with paragraph (3).

23 (2) APPRAISALS.—
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1 (A) IN GENERAL.—The Federal land and

2 non-Federal land shall be appraised by an inde3 pendent appraiser selected by the Secretary.

4 (B) REQUIREMENTS.—An appraisal con5 ducted under subparagraph (A) shall be con6 ducted in accordance with—

7 (i) the Uniform Appraisal Standards

8 for Federal Land Acquisition; and

9 (ii) the Uniform Standards of Profes10 sional Appraisal Practice.

11 (C) EQUALIZATION OF VALUES.—

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

13 Federal land and the non-Federal land is

14 not equal, the value may be equalized by—

15 (I) the Secretary making a cash

16 equalization payment to the City;

17 (II) the City making a cash

18 equalization payment to the Secretary;

19 or

20 (III) reducing the acreage of the

21 Federal land or non-Federal land, as

22 appropriate.

23 (ii) DISPOSITION OF PROCEEDS.—Any

24 cash equalization payments received by the

25 Secretary under clause (i)(II) shall be de-
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1 posited in the general fund of the Treas2 ury.

3 SEC. 4. CONVEYANCE OF UNITED STATES FISH AND WILD4 LIFE SERVICE LAND TO THE CITY OF YUMA.

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

6 the Secretary shall convey to the City by quitclaim deed,

7 all right, title, and interest of the United States in and

8 to the parcel of United States Fish and Wildlife Service

9 land located at 356 West First Street, Yuma, Arizona.

10 (b) CONSIDERATION.—In exchange for the convey11 ance of land under subsection (a), the City shall pay to

12 the Secretary consideration in an amount that reflects the

13 fair market value of the land conveyed to the City under

14 that subsection, as determined by an appraisal prepared

15 in accordance with—

16 (1) the Uniform Appraisal Standards for Fed17 eral Land Acquisitions; and

18 (2) the Uniform Standards of Professional Ap19 praisal Practice.

20 (c) ADMINISTRATIVE COSTS.—Any administrative

21 costs relating to the conveyance of land under subsection

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

23 (d) DISPOSITION AND USE OF PROCEEDS.—Amounts

24 paid to the Secretary under subsection (b) shall be avail-
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1 able to the Secretary, without further appropriation and

2 until expended, to pay—

3 (1) the administrative costs of the conveyance

4 under subsection (a); and

5 (2) the costs of constructing the Kofa National

6 Wildlife Refuge headquarters and visitor center in

7 Yuma, Arizona.

Passed the Senate December 7, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 1529

AN ACT

To provide for the conveyance of certain Federal

land in the city of Yuma, Arizona.