[Congressional Record (Bound Edition), Volume 152 (2006), Part 18]
[Senate]
[Pages 23048-23050]
[From the U.S. Government Publishing Office, www.gpo.gov]




                      CITY OF YUMA IMPROVEMENT ACT

  The Senate proceeded to consider the bill (S. 1529) to provide for 
the conveyance of certain Federal land in the city of Yuma, Arizona, 
which had been reported from the Committee on Energy and Natural 
Resources, with an amendment to strike all after the enacting

[[Page 23049]]

clause and insert in lieu thereof the following:

     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.

  The amendment (No. 5226) was agreed to, as follows:

(Purpose: To modify the provision governing the disposition of amounts 
paid to the Secretary for the conveyance of certain United States Fish 
             and Wildlife Service land to the city of Yuma)

       Strike section 4(d) and insert the following:
       (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.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 1529), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                                S. 1529

       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 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.

[[Page 23050]]

       (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 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.

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