[109th Congress Public Law 454]
[From the U.S. Government Printing Office]
[DOCID: f:publ454.109]
[[Page 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 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 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:
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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.
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