[Senate Report 109-300]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 543
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-300

======================================================================



 
                      CITY OF YUMA IMPROVEMENT ACT

                                _______
                                

                 July 31, 2006.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1529]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1529) to provide for the conveyance of 
certain Federal land in the city of Yuma, Arizona, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting 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, Untied 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 WILD-LIFE 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) Adminsitrative 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.

                         PURPOSE OF THE MEASURE

    S. 1529 would authorize the Secretary of the Interior to 
convey certain Federal land in the city of Yuma, Arizona.

                          BACKGROUND AND NEED

    The city of Yuma, Arizona (hereinafter ``city'') seeks 
title to six small parcels of land currently held by the United 
States Bureau of Reclamation (hereinafter ``Reclamation'') in 
order to complete the redevelopment of the riverfront in 
downtown Yuma. Yuma's redevelopment effort includes a welcome 
center, a new hotel, a conference center, and mixed-use retail 
stores. According to Reclamation, the parcels at issue are 
difficult to manage because they are not contiguous. Also, 
while three of the Federal parcels had been used by the Yuma 
County Water Users Associations for ditch rider residences, the 
Association wants to update and move the housing and therefore 
has agreed to their conveyance.
    In exchange for the Reclamation lands, the city will convey 
non-Federal lands to Reclamation. This conveyance includes 
title to three railroad parcels on which a Reclamation rail 
line exists for deliveries to the Bureau's Yuma Desalting 
Plant. This conveyance will clear title to the railroad that 
has been clouded for several years. Because Reclamation lacks 
authority to effectuate this land exchange, congressional 
authorization is needed to complete the transfer.
    Additionally, the city seeks title to a parcel of land to 
which the United States Fish and Wildlife Service currently 
holds title. The city plans to construct the Kofa National 
Wildlife Refuge Headquarters and Visitors Center on the parcel.

                          LEGISLATIVE HISTORY

    S. 1529 was introduced on July 28, 2005, by Senator Kyl for 
himself and Senator McCain and referred to the Committee on 
Energy and Natural Resources. The Subcommittee on Water and 
Power held a hearing on S. 1529 on October 6, 2005. S. Hrg. 
109-273. At the business meeting on May 24, 2006, the Committee 
on Energy and Natural Resources ordered S. 1529 favorably 
reported with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on May 24, 2006, by a unanimous voice vote of 
a quorum present, recommends that the Senate pass S. 1529, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During consideration of S. 1529, the Committee adopted an 
amendment in the nature of a substitute to address concerns 
raised during the committee hearing and concerns by Senator 
Kyl.
    The first change provides that the Reclamation land and 
city land exchanged under section 3 shall be of equal value. If 
the parcels are not of equal value according to required 
appraisals, either the city or the Secretary of the Interior 
shall reimburse the other for any difference in appraised 
value. The second change provides that any sums paid to the 
Secretary by the city shall be deposited into the general fund 
of the Treasury. The third change provides that the Secretary 
of Interior shall convey to the City the Fish and Wildlife 
Service land located at 356 West First Street, Yuma, Arizona 
for fair market value. The fourth change provides that any 
proceeds paid to the Secretary of the Interior by the City 
shall be deposited into the general fund of the Treasury.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``City of Yuma 
Improvement Act.''
    Section 2 defines the terms used in the Act.
    Section 3 subsection (a) directs the Secretary of the 
Interior to exchange Reclamation land with city land.
    Subsection (b) provides that, upon receipt of a deed 
conveying fee simple title of city land to the United States, 
the Secretary of the Interior shall record a deed from the 
United States that conveys to the city fee simple title to the 
Reclamation land to the city.
    Subsection (c) provides that the Secretary of the Interior, 
acting through the Commissioner of Reclamation, shall 
administer the City land acquired by the Secretary.
    Subsection (d) provides that, effective on the date of 
conveyance to the city of the parcel of Reclamation land under 
subsection (a), the Secretary shall not be held liable for any 
occurrence relating to the Federal land except as provided for 
under chapter 171 of title 28, United States Code.
    Subsection (e) provides that the city shall be responsible 
for the administrative costs associated with the land exchange 
under this section.
    Subsection (f) provides that the Reclamation land and city 
land exchanged under section 3 shall be of equal value. If the 
parcels are not of equal value as determined by an appraisal, 
either the city or the Secretary of the Interior shall 
reimburse the other for any difference in appraised value. Any 
sums paid to the Secretary by the city shall be deposited into 
the general fund of the Treasury.
    Section 4, subsection (a) provides that the Secretary of 
the Interior shall convey to the city all right, title and 
interest of the United States of the United States Fish and 
Wildlife land located at 356 West First Street in the city.
    Subsection (b) provides that the conveyance of land to the 
city shall be for fair market value.
    Subsection (c) provides that the administrative costs 
associated with the conveyance shall be paid by the city.
    Subsection (d) provides that proceeds from the sale shall 
be deposited in the general fund of the Treasury.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1529--City of Yuma Improvement Act

    Under S. 1529, The Bureau of Reclamation would transfer six 
parcels of land to the city of Yuma, Arizona, in exchange for 
land owned by the city. Under the bill, if the values of the 
properties to be exchanged are not equal, the parties could 
either adjust the number of acres or make cash payments to 
equalize those values. In addition, the legislation would 
require the U.S. Fish and Wildlife Service (USFWS) to convey 
one parcel of land to the city at fair market value. CBO 
estimates that this conveyance would result in additional 
offsetting receipts (a credit against direct spending) to the 
federal government of about $500,000 in fiscal year 2007.
    Based on information from the bureau, CBO estimates that 
the exchange of six parcels (about 7 acres) would have no 
significant impact on the federal budget. According to the 
agency, the federal land to be exchanged currently generates no 
significant collections from natural resource sales or leases 
and is not expected to do so over the next 10 years; therefore, 
we estimate that conveying it would not affect offsetting 
receipts (a credit against direct spending). Based on 
information regarding the value of the properties involved in 
the proposed exchange, we estimate that any cash equalization 
payments would be minimal. Based on information about the value 
of the USFWS land to be sold, CBO estimates that the sale of 
the property at fair market value would increase offsetting 
receipts in fiscal year 2007 by about $500,000.
    S. 1529 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
bill would benefit the city of Yuma, Arizona, by authorizing 
the exchange of federal land for land owned by the city. Any 
costs the city might incur would be incurred voluntarily.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1529. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1529.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the United States Geological 
Survey at the Subcommittee hearing on S. 1529 in the 109th 
Congress follows:

  Statement of William E. Rinne, Deputy Commissioner of the Bureau of 
                Reclamation, Department of the Interior

    Madam Chairman, I am William E. Rinne, Deputy Commissioner 
of the Bureau of Reclamation. I am pleased to provide the 
Administration's views of S. 1529, which provides for the 
transfer of certain Federal lands managed by the Bureau of 
Reclamation to the City of Yuma, Arizona, and the receipt by 
the Bureau of Reclamation of clear title to certain parcels of 
land, known as the ``railroad parcels,'' which are used by 
Reclamation for its Yuma Desalting Plant. The Department 
supports the intent of this legislation, but we believe that 
this can be accomplished through existing land transfer 
processes provided by the General Service Administration's 
authorities.
    There would be benefits to both Reclamation and the city of 
Yuma from this land transfer. Reclamation will obtain clear 
title to portions of a railroad right-of-way required for the 
delivery of chemicals to the Yuma Desalting Plant managed by 
Reclamation's Yuma Area Office. The title to the rail property 
has been clouded for many years due to its sale by Southern 
Pacific Transportation Company to both the city of Yuma and 
Reclamation.
    In exchange for giving up its claim to the railroad 
parcels, this legislation provides that the city of Yuma would 
obtain title to seven parcels currently owned by Reclamation 
located within the city. These parcels total approximately 7 
acres but are scattered throughout the city. The parcels slated 
for transfer are difficult for Reclamation to manage and are 
not usable for project purposes. Previously, three of the 
Federal parcels were used by the Yuma County Water Users 
Association for ditch rider residences. These residences have 
been moved to more convenient locations, and Reclamation has no 
further need for these properties or any of the other parcels 
listed in this exchange. The city of Yuma will use these 
properties in order to further the city's development plans.
    As a matter of policy, we support working with states and 
local governments to resolve land tenure and land transfer 
issues that advance worthwhile public policy objectives, and we 
have no objection to the transfer of these specific lands from 
Reclamation ownership. While none of the parcels to be 
exchanged has been appraised, Reclamation's rough estimate is 
that the parcels being conveyed to the city are not worth more 
than $500,000. We view this as a directed exchange by Congress, 
not an equal value exchange.
    We think that the end goal of transferring the lands in 
question to the city is laudable, but we note that this 
legislation provides for a directed exchange that avoids the 
normal procedures followed for Federal land disposal. The value 
to the United States of clear title to the railroad parcels is 
uncertain. The lack of established value from the railroad 
parcels does not compel opposition to the proposed transfer, 
however, because in the absence of legislation, an 
administrative process exists through which the General 
Services Administration (GSA) can accomplish the intended 
purpose of this legislation. The Administrator of GSA can make 
government-owned land available at no cost to cities such as 
Yuma for a variety of public use purposes, such as public 
health, public education, for historic monuments, airports, 
parks and recreation, emergency rescue, fire fighting, law 
enforcement, and many other public uses. We could support this 
legislation if it included a role for GSA in ensuring that the 
lands to be transferred meet GSA's criteria for transfer to the 
city without compensation to the Federal government.
    This concludes my statement. I am pleased to answer any 
questions.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 1529, as 
ordered reported.

                                  
