[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1529 Enrolled Bill (ENR)]
S.1529
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
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,
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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.