I

103D CONGRESS

1ST SESSION H. R. 722

To provide Indian education assistance to carry out the purposes of title

IV of the Arizona-Idaho Conservation Act of 1988, Public Law 100–

696, to provide for reimbursement to the Treasury by certain private

parties, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1993

Mr. KYL (for himself, and Ms. ENGLISH of Arizona) introduced the following

bill; which was referred to the Committee on Education and Labor

A BILL

To provide Indian education assistance to carry out the purposes of title IV of the Arizona-Idaho Conservation Act

of 1988, Public Law 100–696, to provide for reimbursement to the Treasury by certain private parties, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. INDIAN EDUCATION ASSISTANCE TRUST

4 FUNDS.

5 (a) ESTABLISHMENT.—

6 (1) ARIZONA FUND.—
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1 (A) IN GENERAL.—There is established in

2 the Treasury of the United States a fund to be

3 known as the Interim Arizona InterTribal Edu4 cation Assistance Trust Fund subject to the

5 same conditions as described for the Arizona

6 InterTribal Trust Fund in subsections (c) and

7 (d) of section 405 of the Arizona-Idaho Con8 servation Act of 1988, Public Law 100–696

9 (hereinafter ‘‘the Act’’).

10 (B) AMOUNTS IN FUND.—The fund estab11 lished in subparagraph (A) shall consist of such

12 amounts as are appropriated and allocated to

13 the fund pursuant to subsection (b).

14 (2) NAVAJO FUND.—

15 (A) IN GENERAL.—There is established in

16 the Treasury of the United States a fund to be

17 known as the Interim Navajo Education Assist18 ance Trust Fund subject to the same conditions

19 as described for the Navajo Trust Fund in sub20 sections (c) and (d) of section 405 of the Act.

21 (B) AMOUNTS IN FUND.—The fund estab22 lished in subparagraph (A) shall consist of such

23 amounts as are appropriated and allocated to

24 the fund pursuant to subsection (b).

25 (b) AUTHORIZATION OF APPROPRIATIONS.—
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1 (1) IN GENERAL.—There are authorized to be

2 appropriated an aggregate of $34,900,000 to the

3 funds established in subsection (a) to be allocated in

4 accordance with paragraph (2). In no case shall

5 moneys appropriated pursuant to this authorization

6 diminish or otherwise reduce any Indian account.

7 (2) ALLOCATION.—

8 (A) ARIZONA FUND.—Sums appropriated

9 pursuant to paragraph (1) shall be allocated to

10 the fund established in subsection (a)(1) in the

11 same manner as sums are allocated to the Ari12 zona InterTribal Trust Fund pursuant to sec13 tion 405 of the Act.

14 (B) NAVAJO FUND.—Sums appropriated

15 pursuant to paragraph (1) shall be allocated to

16 the fund established in subsection (a)(2) in the

17 same manner as sums are allocated to the Nav18 ajo Trust Fund pursuant to section 405 of such

19 Act.

20 (c) REIMBURSEMENT.—

21 (1) IN GENERAL.—

22 (A) FULL APPROPRIATION.—Notwith23 standing title IV of such Act, if the full amount

24 specified in subsection (b)(1) is appropriated

25 and allocated in accordance with subsection (b)
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1 prior to the date on which the first annual pay2 ment is required to be made by Collier to the

3 Arizona InterTribal Trust Fund and the Navajo

4 Trust Fund under title IV of such Act, and the

5 Trust Fund Payment Agreement required

6 under section 403 of such Act, the Secretary of

7 the Interior shall direct Collier to pay to the

8 Secretary of the Treasury for deposit into the

9 general fund of the Treasury any amounts oth10 erwise due and payable to the United States

11 under the Trust Fund Payment Agreement, in

12 lieu of and in full satisfaction of payment to the

13 United States by Collier for deposit into the Ar14 izona InterTribal Trust Fund and the Navajo

15 Trust Fund pursuant to title IV of such Act

16 and such Trust Fund Payment Agreement.

17 (B) PARTIAL APPROPRIATION.—Notwith18 standing title IV of such Act, if less than the

19 amount specified in subsection (b)(1) is appro20 priated and allocated in accordance with sub21 section (b) prior to the date described in sub22 paragraph (A), at such time as Collier is re23 quired to make any payment under the Trust

24 Fund Payment Agreement described under sub25 paragraph (A), the Secretary of the Interior
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1 shall direct Collier to pay, in full satisfaction

2 and in lieu of such payment—

3 (i) to the Secretary of the Treasury

4 for deposit into the general fund of the

5 Treasury, an amount which bears the same

6 proportion to the total amount of such

7 payment as the total of the sums appro8 priated pursuant to subsection (b) bears to

9 $34,900,000, and

10 (ii) to the Secretary of the Interior for

11 deposit into the Arizona InterTribal Trust

12 Fund and Navajo Trust Fund, in accord13 ance with section 405 of the Act, the re14 mainder of each such payment.

15 (2) DEFINITION.—As used in this subsection,

16 the term ‘‘Collier’’ has the meaning provided under

17 section 401(5) of such Act.

18 (d) TERMINATION.—

19 (1) IN GENERAL.—The funds established in

20 subsection (a) shall terminate on the date of the

21 first Collier payment described in subsection

22 (c)(1)(A).

23 (2) TRANSFER OF REMAINING SUMS.—Upon

24 termination under paragraph (1)—
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1 (A) The Secretary of the Treasury shall

2 transfer any sums remaining in the fund estab3 lished in subsection (a)(1) to the Arizona Inter4 Tribal Trust Fund established under section

5 405(a) of such Act; and

6 (B) The Secretary of the Treasury shall

7 transfer any sums remaining in the fund estab8 lished in subsection (a)(2) to the Navajo Trust

9 Fund established under section 405(a) of such

10 Act.

11 (e) No funds appropriated under this Act shall be

12 available to the InterTribal Council in Arizona (ITCA)

13 and Navajo Tribe (as defined in section 401 of the Act)

14 or be deposited into the Interim Trust Funds established

15 by section 1 of this Act unless the ITCA and Navajo Tribe

16 provide written consent to the method of payment estab17 lished in this Act in lieu of the method of payment pro18 vided in the Act and the Trust Fund Payment Agreement

19 authorized by the Act.

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