[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.