[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3638 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3638

 To require the Secretary of the Interior to fulfill his obligation to 
 transfer additional Federal lands to the State of Arizona as required 
        by the Arizona-New Mexico Enabling Act of June 20, 1910.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 10, 2000

 Mr. Shadegg introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Interior to fulfill his obligation to 
 transfer additional Federal lands to the State of Arizona as required 
        by the Arizona-New Mexico Enabling Act of June 20, 1910.

    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 ``Arizona Education Trust Restoration 
Act''.

SEC. 2. CONVEYANCE OF LAND TO THE STATE OF ARIZONA TO COMPLY WITH 
              ARIZONA STATEHOOD ENABLING ACT.

    (a) Findings.--The Congress finds the following:
            (1) Pursuant to the Act of June 20, 1910 (36 Stat. 557; in 
        this section referred to as the Arizona-New Mexico Enabling 
        Act), the State of Arizona was granted certain lands upon 
        becoming one of the several States.
            (2) The Arizona-New Mexico Enabling Act requires that the 
        lands granted to the State of Arizona pursuant to the Act be 
        held in trust by the State for the benefit of the State's 
        schoolchildren.
            (3) The income derived from economic activities on these 
        State trust lands plays a vital role in funding public 
        education in Arizona.
            (4) The Federal Government has failed to transfer 
        approximately 22,000 acres of the land specified by the 
        Arizona-New Mexico Enabling Act to the State of Arizona.
            (5) The failure of the Federal Government to fulfill its 
        obligation to transfer this land has been documented in an 
        audit conducted by the State of Arizona Land Department.
            (6) The failure to fully comply with the requirements of 
        the Arizona-New Mexico Enabling Act is depriving Arizona's 
        schoolchildren of funds to which they are legally entitled by 
        virtue of the Act.
    (b) Identification of Federal Lands for Transfer.--The Secretary of 
the Interior shall enter into immediate consultations with the State of 
Arizona Land Department and the State of Arizona Selection Board (in 
this section referred to as the ``Land Department'' and ``Selection 
Board'', respectively) to identify Federal lands in the State of 
Arizona totaling approximately 22,000 acres that are under the 
jurisdiction of the Secretary of the Interior and are suitable for 
transfer to the State of Arizona. The exact acreage to be identified 
under this subsection shall be based on an audit of earlier land 
transfers conducted by the Land Department.
    (c) Transfer of Identified Lands.--Upon identification of the lands 
referred to in subsection (b), the Secretary of the Interior shall 
transfer the lands to the State of Arizona to be held in trust pursuant 
to the Arizona-New Mexico Enabling Act. The Secretary shall complete 
the transfer of all identified lands within 18 months after the date of 
the enactment of this Act.
    (d) Effect of Failure To Transfer.--If the Secretary of the 
Interior fails to identify sufficient lands for transfer under 
subsection (b) or fails to complete the transfer required by subsection 
(c) within the time period specified in such subsection, the Land 
Department, in conjunction with the Selection Board, may select and 
take ownership of such Federal lands in the State of Arizona under the 
jurisdiction of the Secretary of the Interior and administered by the 
Bureau of Land Management as may be necessary to ensure that the total 
acreage transferred under subsection (c) and claimed under this 
subsection equals 22,000 acres.

SEC. 3. CONSTITUTIONAL AUTHORITY TO ENACT THIS LEGISLATION.

    The Constitutional authority on which this Act rests is the power 
of the Congress to dispose of and make all needful Rules and 
Regulations respecting the Territory or other Property belonging to the 
United States, as enumerated in clause 2 of section 3 of Article IV of 
the United States Constitution.
                                 <all>