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.

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 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.

[[Page S11538]]

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.
(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--

[[Page S11539]]

(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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