[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1529 Reported in Senate (RS)]







                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``City of Yuma Improvement 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) City.--The term ``City'' means the city of 
        Yuma, Arizona.</DELETED>
        <DELETED>    (2) Federal land.--The term ``Federal land'' means 
        the Bureau of Reclamation land depicted on the map and more 
        particularly described as--</DELETED>
                <DELETED>    (A) parcels 2 and 3 of tract 1;</DELETED>
                <DELETED>    (B) a portion of parcel 110-73-
                019;</DELETED>
                <DELETED>    (C) the old Arizona Department of 
                Transportation weigh station;</DELETED>
                <DELETED>    (D) portions of blocks 52, 53, 54, and 
                55;</DELETED>
                <DELETED>    (E) the future drying bed location; 
                and</DELETED>
                <DELETED>    (F) the future Arizona Welcome 
                Center.</DELETED>
        <DELETED>    (3) Map.--The term ``map'' means the map entitled 
        ``City of Yuma Proposed Property Ownership'' and dated July 25, 
        2005.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>

<DELETED>SEC. 3. CONVEYANCE OF FEDERAL LAND AND NON-FEDERAL 
              LAND.</DELETED>

<DELETED>    (a) In General.--Subject to valid existing rights, 
easements, and rights-of-way, and in accordance with subsection (b), 
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 non-
Federal land.</DELETED>
<DELETED>    (b) Title to Non-Federal Land.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Requirements.--Title to the non-Federal land 
        shall--</DELETED>
                <DELETED>    (A) conform with the regulations and title 
                approval standards of the Attorney General that are 
                applicable to Federal land acquisitions; and</DELETED>
                <DELETED>    (B) include all valid existing rights, 
                easements, and rights-of-way.</DELETED>
<DELETED>    (c) Administration of Acquired Land.--The Secretary, 
acting through the Commissioner of Reclamation, shall administer the 
non-Federal land acquired by the Secretary.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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 non-Federal 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--
                    (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 non-
        Federal 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 
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 of Proceeds.--The Secretary shall deposit the 
proceeds of the sale of land under subsection (a) in the general fund 
of the Treasury.
                                                       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