[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session] [From the U.S. Government Publishing Office, www.gpo.gov] 120 STAT. 3369 Public Law 109-454 109th Congress An Act To provide for the conveyance of certain Federal land in the city of Yuma, Arizona. NOTE: Dec. 22, 2006 - [S. 1529] Be it enacted by the Senate and House of Representatives of the United States of America in Congress NOTE: City of Yuma Improvement Act. 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-- [[Page 3370]] 120 STAT. 3370 (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 NOTE: Effective date. 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 [[Page 3371]] 120 STAT. 3371 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. Approved December 22, 2006. LEGISLATIVE HISTORY--S. 1529: --------------------------------------------------------------------------- SENATE REPORTS: No. 109-300 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 152 (2006): Dec. 7, considered and passed Senate. Dec. 8, considered and passed House.