I
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 obliga-
tion to transfer additional Federal lands to the State
of Arizona as required by the Arizona-New Mexico Ena-
bling Act of June 20, 1910.
Be it enacted by the Senate and House of Representa-
tives 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 ENA-
BLING 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 sev-
eral States.
(2) The Arizona-New Mexico Enabling Act re-
quires 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 fund-
ing 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 require-
ments 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 sub-
section shall be based on an audit of earlier land transfers
conducted by the Land Department.
(c) TRANSFER OF IDENTIFIED LANDS.—Upon identi-
fication of the lands referred to in subsection (b), the Sec-
retary 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 Sec-
retary 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 con-
junction 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 LEG-
ISLATION.
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 enumer-
ated in clause 2 of section 3 of Article IV of the United
States Constitution.
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