Arizona-Idaho Conservation Act of 1988
PL 100-696 (S.2840), enacted 11/18/1988

PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4571 
Public Law 100-696 
100th Congress 
An Act 
To provide for the designation and conservation of certain lands in the States of 
Arizona and Idaho, and for other purposes. 
Be it enncted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That this Act be 
cited as the "Arizona-Idaho Conservation Act of 1988". 
TITLE I—SAN PEDRO RIPARIAN NATIONAL CONSERVATION 
AREA 
Nov. 18, 1988 
[S. 2840] 
Arizona-Idaho 
Conservation 
Act of 1988. 
ESTABLISHMENT OF SAN PEDRO RIPARIAN NATIONAL CONSERVATION 
AREA 
SEC. 101. (a) ESTABUSHMENT.—In order to protect the riparian 
16 USC 460xx. 
area and the aquatic, wildlife, archeological, paleontological, sci-
entific, cultural, educational, and recreational resources of the 
public lands surrounding the San Pedro River in Cochise County, 
Arizona, there is hereby established the San Pedro Riparian Na-
tional Conservation Area (hereafter in this title referred to as the 
"conservation area"), 
(h) AREA INCLUDED.—The conservation area shall consist of public 
lands as generally depicted on a map entitled "San Pedro Riparian 
National Conservation Area—Proposed" numbered AZ-040-OZ, 
dated January 1988, and consisting of approximately 56,431 acres. 
(c) MAP.—As soon as is practicable after enactment of this title, a 
map and legal description of the conservation area shall be filed by 
the Secretary of the Interior (hereafter in this title referred to as the 
"Secretary") with the Committee on Interior and Insular Affairs of 
the House of Representatives and the Committee on Energy and 
Natural Resources of the United States Senate. Each such map shall 
have the same force and effect as if included in this title. Such map 
shall be on file and available for public inspection in the Office of 
the Director of the Bureau of Land Management, Department of the 
Interior, and in the Bureau of Land Management offices of the State 
Director for Arizona, and the district office responsible for the 
management of the conservation area. 
Public 
information. 
MANAGEMENT OF CONSERVATION AREA 
SEC. 102. (a) GENERAL AUTHORITIES.—The Secretary shall manage 
the conservation area in a manner that conserves, protects, and 
enhances the riparian area and the aquatic, wildlife, archeological, 
paleontological, scientific, cultural, educational, and recreational 
resources of the conservation area. Such management shall be 
guided by this title and, where not inconsistent with this title, by the 
provisions of the Federal Land Policy and Management Act of 1976 
(hereinafter in this title referred to as "FLPMA"). 
(b) USES.—The Secretary shall only allow such uses of the con-
servation area as he finds will further the primary purposes for 
16 USC 460XX-1. 
102 STAT. 4572 
PUBLIC LAW 100-696—NOV. 18, 1988 
which the conservation area is established. Except where needed for 
administrative or emergency purposes, the use of motorized vehicles 
in the conservation area shall only be allowed on roads specifically 
designated for such use as part of the management plan prepared 
pursuant to section 103 of this title. The Secretary shall have the 
power to implement such reasonable limits to visitation and use of 
the conservation area as he finds appropriate for the protection of 
the resources of the conservation area, including requiring permits 
for public use, or closing portions of the conservation area to public 
use. 
(c) WITHDRAWALS.—Subject to valid existing rights, all Federal 
lands within the conservation area are hereby withdrawn from all 
forms of entry, appropriation, or disposal under the public land 
laws; from location, entry, and patent under the United States 
mining laws; and from disposition under all laws pertaining to 
mineral and geothermal leasing and all amendments thereto. 
(d) WATER RIGHTS.—Congress reserves for the purposes of this 
reservation, a quantity of water sufficient to fulfill the purposes of 
the San Pedro Riparian National Conservation Area created by this 
title. The priority date of such reserve rights shall be the date of 
Claims. 
enactment of this title. The Secretary shall file a claim for the 
quantification of such rights in an appropriate stream adjudication. 
(e) ENFORCEMENT.—Any person who violates any provision of this 
title or any regulation promulgated by the Secretary to implement 
this title shall be subject to a fine of up to $10,000, or imprisonment 
for up to one year, or both. 
MANAGEMENT PLAN 
16 use 460XX-2. 
SEC. 103. (a) DEVELOPMENT OF PLAN.—No later than 2 years after 
the enactment of this title, the Secretary shall develop a comprehen-
sive plan for the long-range management and protection of the 
conservation area. The plan shall be developed with full opportunity 
for public participation and comment, and shall contain provisions 
designed to assure protection of the riparian area and the aquatic, 
wildlife, archeological, paleontological, scientific, cultural, edu-
cational, and recreation resources and values of the conservation 
area. 
0)) RECOMMENDATIONS.—The Secretary shall, in the comprehen-
sive plan referred to in subsection (a), develop recommendations to 
Congress on whether additional lands should be included in the 
conservation area. 
(c) COOPERATIVE AGREEMENTS.—The Secretary may enter into co-
operative agreements with appropriate State and local agencies, 
pursuant to section 30703) of FLPMA, to better implement the plan 
developed pursuant to subsection (a). 
(d) RESEARCH.—In order to assist in the development of appro-
priate management strategies for the conservation area, the 
Secretary may authorize research on matters including the environ-
mental, biological, hydrological, and cultural resources of the con-
servation area, pursuant to section 307(a) of FLPMA. 
ADVISORY COMMITTEE 
16 use 460XX-3. 
SEC. 104. (a) EsTABUSHMENT.—The Secretary shall establish a San 
Pedro Riparian National Conservation Area Advisory Committee, 
whose purpose shall be to advise the Secretary with respect to the 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4573 
preparation and implementation of the comprehensive, long-range 
plan required pursuant to section 103 of this title. 
(b) REPRESENTATION.—^There shaU be 7 members of the Commit-
tee, who shall be appointed by the Secretary. Members of the 
Committee shall be appointed for terms of three years, except that 
of the members first appointed 2 shall be appointed for terms of 1 
year and 3 shall be appointed for terms of 2 years. The Secretary 
shaU appoint one member from nominations supplied by the Gov-
ernor of the State of Arizona, and one member from nominations 
supplied by the Supervisors of Cochise County, Arizona. The other 
members shall be persons with rea^nized backgrounds in wildlife 
conservation, riparian ecol(^y, archeology, paleontol(^y, or other 
disciplines directly related to the primary purposes for which the 
conservation area was created. 
LAND ACQUISITION 
SEC. 105. The Secretary may acquire lands or interests in lands 
16 USC 460xx-4. 
within the boundaries of the conservation area by exchange, pur-
chase, or donation, except that any lands or interests therein owned 
by the State or local government may be acquired by donation or 
exchange only. Any purchase or exchange of lands to be added to the 
conservation area shall require the consent of the owner of those 
lands or rights. 
REPORT TO CONGRESS 
SEC. 106. No later than five years after the enactment of this title, 
16 USC 460xx-5. 
and every ten years thereafter, the Secretary shall report to the 
Committee on Interior and Insular Affairs of the House of Rep-
resentatives and the Committee on Eneigy and Natural Resources 
of the United States Senate, on the implementation of this title. 
Such report shall include a detailed statement on the condition of 
the resources within the conservation area and of the progress of the 
Bureau of Land Management in achieving the purposes of this title. 
AUTHORIZATION 
SEC. 107. There are hereby authorized to be appropriated such 
16 USC 460xx-6. 
sums as may be necessary to carry out the provisions of this title. 
TITLE n-CTTY OF RCX3ffi NATIONAL RESERVE 
ESTABLISHMENT OF CITY OF ROCKS NATIONAL RESERVE 
SEC. 201. (a) There is hereby established the City of Rocks Na-
tional Reserve (hereinafter referred to as the "reserve"), in order to 
preserve and protect the significant historical and cultural re-
sources; to manage recreational use; to protect and maintain scenic 
quality; and to interpret the nationally significant values of the 
reserve. 
(b) The reserve shall include approximately fourteen thousand 
three hundred and twenty acres as depicted on the map entitled 
"Boundary Map, City of Rocks National Reserve, Idaho" numbered 
P30-80,005 and dated October 1987. The map shall be on file in the 
offices of the National Park Service, Department of the Interior and 
the Offices of the CJovemor, State of Idaho. 
(c) Within six months after the enactment of this title, the Sec-
retary of the Interior (hereinafter in this title referred to as the 
Historic 
preservation. 
16 USC 460yy. 
102 STAT. 4574 
PUBLIC LAW 100-696—NOV. 18, 1988 
Public 
information. 
"Secretary") shall file a legal description of the reserve designated 
under this section with the Committee on Interior and Insular 
Affairs of the United States House of Representatives and with the 
Committee on Energy and Natural Resources of the United States 
Senate. Such legal description shall have the same force and effect 
as if included in this title, except that the Secretary may correct 
clerical and typographical errors in such legal description and in the 
map referred to in subsection 0))- The legal description shall be on 
file and available for public inspection in the offices of the National 
Park Service, Department of the Interior and the offices of the 
Governor of the State of Idaho. 
State and local 
governments. 
16 u s e 460yy-l. 
Grants. 
PLAN AND MANAGEMENT OF RESERVE 
SEC. 202. (a) To achieve the purpose of this title, the Secretary, 
acting through the National Park Service, in cooperation with 
appropriate State and Federal agencies, local units of government 
and local residents shall formulate a comprehensive plan for the 
protection, preservation, and interpretation of the reserve. The plan 
shall identify those areas or zones within the reserve which would 
most appropriately be devoted to— 
(1) public use and development; 
(2) historic and natural preservation; and 
(3) private use subject to appropriate local ordinances de-
signed to protect the historic rural setting. 
Ot)) Within eighteen months following the date of enactment of this 
section, the Secretary shall transmit the plan to the President of the 
Senate and the Speaker of the House of Representatives and to the 
Governor of the State of Idaho. 
(c) At such time as the State or appropriate units of local govern-
ment having jurisdiction over land use within the reserve have 
enacted ordinances or established regulations which in the judg-
ment of the Secretary will protect and preserve the historic and 
natural features of the area in accordance with the comprehensive 
plan, the Secretary shall, pursuant to cooperative agreement— 
(1) transfer management and administration over all or any 
part of the property acquired under subsection (d) of this section 
to the State or appropriate units of local government; 
(2) provide technical assistance to such State or units of local 
government in the management, protection, and interpretation 
of the reserve; and 
(3) make periodic grants, which shall be supplemental to any 
other funds to which the grantee may be entitled under any 
other provision of law, to such State or local unit of government 
to carry out the purposes of this title. 
(d)(1) The Secretary is authorized to acquire such lands and 
interests as he determines are necessary to accomplish the purposes 
of this title by donation, purchase with donated funds, or appro-
priated funds, or exchange, except that the Secretary may not 
acquire the fee simple title to any land without the consent of the 
owner. The Secretary shall, in addition, give prompt and careful 
consideration to any offer made by an individual owning property 
within the reserve to sell such property, if such individual notifies 
the Secretary that the continued ownership of such property is 
causing, or would result in, undue hardship. 
(2) Lands and waters, and interests therein, within the boundaries 
of the reserve which were administered by the Forest Service, 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4575 
United States Department of Agriculture or the Bureau of Land 
Management, Department of the Interior prior to the date of enact-
ment of this title are hereby transferred to the administrative 
jurisdiction of the Secretary to be administered by the National 
Park Service in accordance with this title. 
(3) Lands and interest therein so acquired shall, so long as respon- -
sibility for management and administration remains with the 
United States, be administered by the Secretary subject to the 
provisions of the Act of August 25, 1916 (39 Stat. 535), as amended 
and supplemented, and in a manner consistent with the purpose of 
tiiis title. 
(e) If, after the transfer of management and administration of any 
lands pursuant to subsection (c) of this section, the Secretary deter-
mines that the reserve is not being managed in a manner consistent 
with the purposes of this title, he shall so notify the appropriate 
officers of the State or local unit of government to which such 
transfer was made and provide for a one hundred and eighty-day 
period in which the trsmsferee may make such modifications in 
applicable laws, ordinances, rules, and procedures as will be consist-
ent with such purposes. If, upon the expiration of such one hundred 
and eighty-day period, the Secretary determines that such modifica-
tions have not been made or are inadequate, he shall withdraw the 
management and administration from the transferee and he shall 
manage such lands in accordance with the provisions of this title. 
(f) Congress finds that there are unique circumstances with re- Water 
spect to the water and water related resources within the Reserve 
designated by this title. The Congress reo^nizes that the manage-
ment of this area may be transferred to the State of Idaho, that the 
State has committed to providing the water necessary to fulfill the 
purposes of this title, and that there is little or no water or water-
related resources that require the protection of a Federal reserved 
water right. Nothing in this title, nor any action taken pursuant 
thereto, shall constitute either an express or impUed reservation of 
water or water right for any purpose: Provided, That the United 
States shall retain that reserved water right which is associated 
with the initial establishment and withdrawal of the national forest 
lands which will be transferred to the Reserve under this title. 
(g) Subject to valid existing rights. Federal lands and interests 
therein, within the reserve, are hereby withdrawn from disposition 
under the public land laws and from entry or appropriation under 
the mining laws of the United States, from the operation of the 
mineral leasing laws of the United States, and from operation of the 
Geothermal Steam Act of 1970, as amended. 
(h) There is hereby authorized to be appropriated not to exceed 
$2,000,000 to carry out the provisions of this title. 
Appropriation 
authorization. 
TITLE in—HAGERMAN FOSSIL BEDS NATIONAL 
MONUMENT 
16 u s e 431 note. 
ESTABLISHMENT OF HAGERMAN FQSSH. BEDS NATIONAL MONUMENT 
SEC. 301. (a) In order to preserve for the benefit and enjoyment of 
present and future generations the outstanding paleontological sites 
known as the Hagerman Valley fossil sites, to provide a center for 
continuing paleontological research, and to provide for the display 
and interpretation of the scientific specimens uncovered at such 
sites, there is hereby established the Hagerman Fossil Beds 
102 STAT. 4576 
PUBLIC LAW 100-696—NOV. 18, 1988 
Public 
information. 
Public 
information. 
National Monument (hereinafter in this title referred to as the 
"monument"). 
(b) The monument shall consist of approximately four thousand 
three hundred and ninety-four acres as depicted on a map entitled 
"Boundary Map, Hagerman Fossil Beds National Monument, 
Idaho" number HAFO-20,012A and dated September, 1987. The 
map shall be on file and available for public inspection in the office 
of the Director, National Park Service, Department of the Interior 
and the Office of the Superintendent, Hagerman Fossil Beds Na-
tional Monument, Idaho. 
(c) Within six months after the enactment of the title, the Sec-
retary of the Interior (hereinafter in this title referred to as the 
"Secretary") shall file a legal description of the monument des-
ignated under this section with the Committee on Interior and 
Insular Affsiirs of the United States House of Representatives and 
with the Committee on Energy and Natural Resources of the United 
States Senate. Such legal description shall have the same force and 
effect as if included in this title, except that the Secretary may 
correct clerical and typographical errors in such legal description 
and in the map referred to in subsection (a). The legal description 
shall be on file and available for public inspection in the offices of 
the National Park Service, Department of the Interior. 
ACQUISITION OP LANDS 
Gifts and 
SEC. 302. (a) The Secretary is authorized to acquire lands or 
property. 
interests in lands within the monument only by donation or 
exchange. 
(b) Notwithstanding any other provision of law, any Federal prop-
erty located within the boundaries of the monument shall be trans-
ferred without consideration to the administrative jurisdiction of 
the Secretary to be administered in accordance with the purposes of 
this title. 
(c) In acquiring non-Federal lands by exchange pursuant to this 
title, the Secretary shall utilize his existing authority including but 
not limited to applicable provisions of the Federal Land Policy and 
Management Act of 1976 (Public Law 94-579). 
ADMINISTRATION OF MONUMENT 
SEC. 303. The Secretary shall administer the monument estab-
lished pursuant to this title in accordance with the Act entitled "An 
Act to establish a National Park Service, and for other purposes", 
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as 
amended and supplemented. 
WATER RIGHTS 
SEC. 304. Congress finds that there are unique circumstances with 
respect to the water or water-related resources within the Monu-
ment designated by this title. The Congress recognizes that there is 
little or no water or water-related resources that require the protec-
tion of a federal reserve water right. Nothing in this title, nor any 
action taken pursuant thereto, shall constitute either an expressed 
or implied reservation of water or water right for any purpose. 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4577 
EFFECT ON EXISTING FACIUTIES 
SEC. 305. Nothing in this title shall affect electrical generating 
and transmission and irrigation pumping and transmission facilities 
in existence within the boundaries of the monument, or the right to 
operate, maintain, repair, upgrade, and modify such facilities. Such 
facilities are hereby expressly determined to be compatible and 
consistent with the purposes of this title. 
CONTINUING PALEONTOLOGICAL RESEARCH 
SEC. 306. In order to provide for continuing paleontological re-
search, the Secretary shall incorporate in the general management 
plan provisions for the orderly and regulated use of and research in 
the monument by qualified scientists, scientific groups, and students 
under the jurisdiction of such qualified individuals and groups. 
MINING PROHIBITION 
SEC. 307. Subject to valid existing rights. Federal lands and in-
terests therein, within the monument, are hereby withdrawn from 
disposition under the public land laws and from entry or appropria-
tion under the mining laws of the United States, from the operation 
of the mineral leasing laws of the United States, and from operation 
of the Greothermal Steam Act of 1970, as amended. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 308. There are hereby authorized to be appropriated not to 
exceed $5,000,000 to carry out the purposes of this title. 
TITLE IV—ARIZONA-FLORIDA LAND EXCHANGE 
DEFINITIONS 
SEC. 401. For purposes of this title: 
(1) The term "Administrator" means the Administrator of 
Veterans' Affairs. 
(2) The term "Arizona InterTribal Trust Fund" means the 
fund established pursuant to section 405(aXl) of this title in the 
Treasury of the United States for the benefit of Arizona Tribes 
that were members of the InterTribal Council of Arizona on 
January 1,1988, and the members of such tribes. 
(3) The term "Arizona Tribe" means an Indian tribe that has 
a reservation located partially or totally in the State of Arizona. 
(4) The term "City" means the City of Phoenix, Arizona. 
(5) The term "Collier" means the nongovernmental parties to 
the Exchange Agreement identified in the Exchange Agreement 
as Barron Collier Company, Collier Development Corporation, 
and Collier Enterprises. 
(6) The term "Exchange Agreement" means the Agreement 
Among the United Stetes, Collier Enterprises, Collier Develop-
ment Corporation, and the Barron Collier Company, executed 
on May 15, 1988, and subsequently submitted to the Committee 
on Interior and Insular Affairs of the House of Representetives 
and the Committee on Energy and Natural Resources of the 
Senate. 
102 STAT. 4578 
PUBLIC LAW 100-696—NOV. 18, 1988 
(7) The term "Florida Lands" means the lands that would be 
conveyed to the United States by Collier under the terms of the 
Elxchsuige Agreement or this title, and other lands owned by 
Collier and located within the boundaries of the Florida Pan-
ther National Wildlife Refuge to be acquired by purchase by the 
United States and managed as part of such Refuge, other than 
those lands identified for conveyance to the United States 
pursuant to agreements for purchase and sale of such lands 
executed by Collier prior to January 1,1988. 
(8) The term 'TnterTribal Council of Arizona" or "ITCA" 
means the corporation oiganized and existing under the laws of 
the State of Arizona under the name InterTribal Council of 
Arizona, Inc., or a successor to such corporation organized and 
existing under the laws of the State of Arizona, the membership 
of which includes thirteen or more of the Arizona Tribes that 
were members of the ITCA on January 1,1988. 
(9) The term "Land Exchange" means the transaction provid-
ing for the acquisition by the United States of title to lands in 
Florida owned by Collier and the receipt by the United States of 
Monetary Proceeds in exchange for the acquisition by Collier of 
title to land within the School Property. 
v
^ 
(10) The term "Monetary Proceeds" means either— 
(A) the cash amount required to be paid to the United 
States by Collier upon closing of the Land Bbcchange, or 
(B) the amount required to be paid to the United States 
by a Purchaser other than Collier upon closing of the 
Purchase Transaction, less the amount required to be paid 
from the account for acquisition of the Florida Lands and 
reimbursement of costs established under section 402<i) of 
this title. 
(11) The term "Navajo Trust Fimd" means the fund estab-
lished pursuant to section 405(aX2) of this title in the Treasury 
of the United States for the benefit of the Navajo Tribe and its 
members. 
(12) The term "Phoenix Exchange Property" means the land 
within the School Property to be conveyed to a Purchaser under 
the Land Exchange or the Purchase Transaction, which land 
shall be the School Property less any parcel of land to be 
conveyed to the City of Phoenix or transferred to the Veterans' 
Administration upon closing of the Land Exchange or Purchase 
Transaction pursuant to section 402 of this title. 
(13) The term "Planning and Development Agreement" 
means the Memorandum of Agreement between the City of 
Phoenix, Arizona, Collier Enterprises and Barron Collier (Com-
pany approved by the CXty Council of Phoenix, Arizona, on July 
1, 1987, including any amendments or modifications of such 
Memorandum of Agreement subsequently agreed to by the 
parties, or, as the context may require, an agreement between 
the City of Phoenix, Arizona, and a Purchaser other than 
Collier that is identical in all material respects to such Memo-
randum of Agreement. 
(14) The term "Public Planning Process" means the land use 
planning and zoning process applicable to the School Property 
under the Plannii^ and Development Agreement or other State 
or local law and regulation applicable to the planning and 
zoning of such property. 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4579 
(15) The term "Purchase Transaction" means the cash pur-
chase of the Phoenix Exchange Property by a Purchaser other 
than Collier under section 402(h) of this title. 
(16) The term "Purchaser" means Collier or, in the event that 
(DoUier does not accept the offer of the United States to acquire 
the Phoenix Exchange Property under either section 402(hXl) or 
section 402(h)(6) and (7) of this title, any other person that 
acquires the Phoenix Exchange Property under a Purchase 
Transaction. 
(17) The term "School Property" means the real property 
used by the Secretary on January 1, 1988, for the Phoenix 
Indian High School in Phoenix, Arizona. 
(18) The term "Secretary" means the Secretary of the 
Interior. 
(19) The term "Trust Fund Payment" means the payment to 
the United States of the Monetary Proceeds for deposit into, as 
the context requires, the Arizona InterTribal Trust Fund or the 
Navajo Trust Fund, in the form of a lump sum payment or 
annual payments as determined under section 403 of this title. 
(20) The term "Trust Fund Pa5mient Agreement" means an 
agreement providing for pa3nnent by the Purchaser of annual 
Trust Fund Payments for deposit into the Arizona InterTribal 
Trust Fund or the Navajo Trust Fund or, as the context may 
require, an agreement between the United States and a Pur-
chaser other than Collier that is identical in all material re-
spects to such Trust Fund Pa3mient Agreement. 
(21) The term "Trust Income" to the Arizona InterTribal 
Trust Fund or the Navajo Trust Fund means the interest 
earned on smaounts deposited into each such trust fund and any 
amounts paid into each such trust fund in the form of annual 
Trust Fund Payments. 
(22) The term "Veterans' Administration Property" means 
the property adjacent to the School Property owned by the 
United States and under the jurisdiction and control of the 
Veterans' Administration on January 1,1988. 
DISPOSITION OF SCHOOL PROPERTY 
SEC. 402. (a) AUTHORIZATION OF DISPOSAL.—The Secretary is au-
thorized to dispose of the School Property and use the Monetary 
Proceeds only in accordance with this title. The provisions of this 
title shall govern the disposal of such property and other provisions 
of law governing the disposal of Federal property shall not apply to 
the disposal of the School Property. 
(b) EXCHANGE AGREEMENT.—The Exchange Agreement is ratified 
and confirmed and sets forth the obligations, duties, and responsibil-
ities of the parties to the Exchange Agreement. The Secretary shall 
implement the Exchange Agreement in accordance with its terms 
and conditions; except that, the Secretary may, with the concur-
rence of (Dollier, make minor and technical amendments in land 
descriptions and instruments of conveyance, as set forth in the 
agreement, upon 30 days prior written notice to the House Interior 
and Insular Affairs and Senate Energy and Natural Resources 
Committees. 
(c) CONVEYANCE OF LANDS; TRANSFER OF JURISDICTION.—If 
the 
Phoenix Exchange Property is conveyed under the Land Exchange 
102 STAT. 4580 
PUBLIC LAW 100-696—NOV. 18, 1988 
or a Purchase Transaction, the Secretary is authorized and directed, 
subject to the requirements of this section, to— 
(1) convey to the City by quitclaim deed a parcel of 20 acres of 
the School Property upon election by the City to accept such 
conveyance under subsection (e); 
(2) transfer jurisdiction and control of a parcel of 11.5 acres of 
the School Property to the Veterans' Administration pursuant 
to subsection (f); and 
(3) transfer jurisdiction and control of a parcel of 4.5 acres of 
the School Property to the Veterans' Adnunistration pursuant 
to subsection (g). 
(d) PREUBfiNARY NoTiCE.—(1) On a date no later than 135 days 
prior to acceptance by Collier of the offer of the United States under 
the Exchange Agreement, Collier shall provide preliminary notice 
in writing of its intent to accept such offer to— 
(A) the Secretary; 
(B) the Mayor of the City; 
(C) the Administrator of Veterans' Affairs; 
Indians. 
(D) the InterTribal Council of Arizona; 
(E) the governing body of the Navajo 'Tribe; and 
(F) the Grovemor of the State of Arizona. 
The provision of this preliminary notice by Collier shall not affect 
Collier's right to accept or not to accept the offer of the United 
Stat^ under the Exchange Agreement and in accordance with 
subsection (h) (1) or (7). 
(2) Notwithstanding any provision of the Exchange Agreement, 
CoUier may not provide preliminary notice under paragraph (1) 
prior to the later of one year following the date of enactment of this 
title or the submission of a Specific Plan for the Phoenix Exchange 
Property as provided in the Planning ^nd Development Agreement. 
(e) EiJeCTiON BY CITY.—(1) Within 15 days ipdRer receipt of notice to 
the Mayor of the City under subsection (d), the (Sty may advise the 
Secretary in writing that it elects to accept conveyance of a parcel of 
20 acres of land within the School Property identified for convey-
ance to the City by mutual agreement with Collier in accordance 
with the Public Planning Process. 
(2) On or after conveyance of the Phoenix Exchange Property 
under the Land Elxchange or Purchase Transaction, the Secretary 
shall convey to the City such parcel of 20 acres of the School 
Property as the City may elect to receive under paragraph (1), 
subject to the requirements of this section: Provide 
"That If the City 
and the Purchaser have not identified 20 acres for conveyance to the 
City in accordance with the Public Planning Process at the time of 
closing of the Land Exchange or the Purchase Transaction, the 
Secretary shall convey to the city a parcel of land consisting of the 
northernmost 20 acres of the School Property. 
(3) Nothing in this title shall be construed as a limitation on the 
authority of the Purchaser and the City to enter into agreements to 
exchange, on an acre-for-acre basis, land within the School Property 
conveyed to the Purchaser for land conveyed by the United States to 
the City or owned by the City contiguous to the School Property. 
(4) Any conveyance to the City by the United States under this 
subsection shall include the requirement for a right of reverter in 
favor of the United States restricting the use of such land perpet-
ually to provide for public open space and recreation. 
(5) Any conveyance by the Purchaser to the City of land within 
the School Property pursuant to exchange shall include a right of 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4581 
reverter in favor of the United States restricting the use of such 
land perpetually to provide for public open space and recreation. 
The conveyance by exchange of land to the Purchaser from the City 
shall extio^guish any right of reverter restricting the use of land so 
conveyed to the Purchaser. 
(6) Nothing in this subsection shall be construed to alter any right 
of the aty to purchase additional acres of land within the School 
Property from the Purchaser pursuant to the Planning and Develop-
ment Agreement or as may otherwise be agreed to by the City and 
the Purchaser. 
(f) TRANSFER TO THE VETERANS' ADMINISTRATION.—(1) Upon the 
closing of the Land Exchange or the Purchase Transaction, the 
Secretary shall transfer to the Veterans' Administration jurisdic-
tion and control of a parcel of 11.5 acres (including improvements 
located thereon) within the School Property to be used for expan-
sion of the Veterans' Administration Medical Center in Phoenix, 
Arizona. 
(2) Such parcel shall be the portion of land designated as Tract C 
on liie metes-and-bounds surveys in the southeast quarter of section 
20, township 2 north, range 3 east, of the Gila and Salt River 
Meridian, .Aj-izona, conducted by the Bureau of Land Management 
of the Department of the Interior, dated March 22,1988. 
(3XA) The Administrator shall cooperate with the City in the 
planning and development of land transferred under this subsection 
for the purpose of ensuring comprehensive planning of the School 
Property in accordance with the objectives of the Public Planning 
Process. The general authorities of the Administrator, including but 
not limited to those contained in sections 5022(aX2) and 5024 of title 
38, United States Code, shall be available to the Administrator for 
the purposes of this subsection. 
(B) The Administrator shall, within six months after the date of 
Reports. 
the enactment of this title and every six months thereafter until the 
cooperative planning referred to in subparagraph (A) is completed, 
transmit a report to the Committee on Interior and Insular Affairs 
and the Committee on Veterans' Affairs of the House of Representa-
tives and the Committee on Energy and Natural Resources and the 
Committee on Veterans' Affairs of the Senate. Each such report 
shall contain a description of the efforts made by the Veterans' 
Administration in carrying out such planning during the period for 
which the report is submitted. 
(C) The Secretary shall enter into a memorandum of understand-
ing with the Administrator for the temporary use by the Adminis-
trator of the gjrmnasium constructed on the School Property in 1975. 
Such temporary use shall not extend beyond the interim period 
before the transfer or development of the property on which the 
gymnasium is located. 
(g) TRANSFER TO THE STATE OF ARIZONA.—(1) Upon the closing of 
the Land Elxchange or the Purchase Transaction, the Secretary shall 
transfer to the Veterans' Administration jurisdiction and control of 
a parcel of 4.5 acres (including improvements located thereon) 
within the School Property which shall be under the jurisdiction 
and control of the Veterans' Administration until disposed of in 
accordance with paragraph (3) or (4). 
(2) Such parcel of land shall be contiguous to the parcel of land 
transferred to the Veterans' Administration under subsection (f) 
and to the Veterans' Administration Property. Such parcel shall be 
identified by mutual agreement of the City, the Administrator, 
102 STAT. 4582 
PUBLIC LAW 100-696—NOV. 18, 1988 
Collier, and the State of Arizona in accordance with the objectives of 
the Public Planning Process for use by the State of Arizona as a site 
for facilities owned and operated by such State as a home for 
veterans. 
(3) The Administrator shall convey such parcel (including 
improvements located thereon), without reimbursement, to the 
State of Arizona when— 
(A) the Administrator of Veterans' Affairs has approved the 
State of Arizona's application for sissistance in construction of a 
State veterans' facility on such parcel pursuant to section 5035 
of title 38, United States Code; and 
(B) the State of Arizona has appropriated sufficient funds to 
pay for its portion of the costs of construction of such facility. 
(4) If the State of Arizona does not submit an application for 
assistance described in paragraph (3)(A) and appropriate the funds 
described in paragraph (3XB) within three years after such parcel is 
transferred to the Veterans' Administration under this subsection, 
the Administrator of Veterans' Affairs shall transfer jurisdiction 
and control of such parcel to the Secretary. 
(5) Such land shall be offered by the Secretary for sale to the City, 
subject to a right of reverter in favor of the United States restricting 
the use of such land perpetually to provide for public open space and 
recreation, at a price determined by the Secretary which shall be 
representative of the value of such land discounted to account for 
such restrictions in use. In the event that the City does not accept 
the offer of the United States to purchase such land within six 
months from the date such offer is made, such land shall be offered 
Indians. 
for sale to the Purchaser at fair market value. The amount received 
from any sale of such land shall be deposited in the Arizona 
InterTribal Trust Fund and in the Navajo Trust Fund in accordance 
with the allocation described in section 405(e). 
(h) OFFERS TO PURCHASE.—(1) Upon receipt by the Secretary of the 
notice of election to receive the parcel of land by the City of Phoenix 
under subsection (e), but in no event later than 15 days after receipt 
of preliminary notice to the Secretary by Collier under subsection 
(d), the Secretary shall notify Collier that, notwithstanding the 
provisions of subsection (dXD, Collier may accept the offer of the 
United States to acquire the Phoenix Exchange Property under the 
terms of the Exchange Agreement, subject to the requirements that 
if the fair market value of the Phoenix Exchange Property stated in 
the current, independent appraisal obtained by the Secretary under 
subsection (mX4) is greater than $80,000,000, then Collier shall pay, 
in addition to the amount required to be paid under paragraphs 13 
and 14 of the Exchange Agreement, an amount equal to the dif-
ference between the fair market value stated in such appraisal and 
$80,000,000. If Collier notifies the Secretary that it does not accept 
the offer of the United States under this paragraph, a Purchsiser 
may acquire the Phoenix Exchange Property pursuant to the 
requirements of paragraphs (2) through (9) of this subsection. 
(2XA) Upon receipt of notice by Collier that it does not accept the 
offer of the United States under paragraph (1), but in no event later 
than 15 days following receipt of such notice, the Secretary shall 
initiate the bidding process under this section by soliciting and 
advertising widely for sealed bids for purchase of the Phoenix 
Exchange Property: Provided, That no such bid will be accepted 
unless such bid offers a price of no less than the minimum accept-
Federal 
able price set forth in subsection (hX4). The Secretary shall solicit 
Register, 
publication. 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4583 
and advertise widely for such bids by publishing notice that the 
Secretary will receive offers by persons other than Collier to pur-
chase the Phoenix Exchange Property in the Federal Register and 
in newspapers of general circulation and other appropriate publica-
tions, including newspapers in Phoenix, Arizona. Such notice shall 
include— 
(i) an accurate description of the Phoenix Exchange Property, 
and an identification of any parcels of land within the School 
Property elected for conveyance to the City pursuant to subsec-
tion (e), transferred to the Veterans' Administration pursuant 
to subsection (f), or conveyed to the State of Arizona pursuant to 
subsection (g); 
(ii) the name and address of State and local offices from which 
information concerning the zoning and other legal requirements 
applicable to such property may be obtained; 
(iii) a description of the terms and conditions for purchase of 
the Phoenix Exchange Property established under this title 
pursuant to which the Secretary may accept an offer to pur-
chase the Phoenix Exchange Property; 
(iv) a statement of the minimum price that the Secretary may 
accept for sale of the Phoenix Exchange Property under para-
graph (4) of this subsection; 
(v) a description of the other terms and conditions for pur-
chase of the Phoenix Exchange Property that the Secretary 
determines are necessary to ensure that the rights and obliga-
tions of a Purchaser under this section are comparable in all 
material respects to the rights and obligations of Collier under 
the Exchange Agreement, except as otherwise provided in this 
title; 
(vi) a statement establishing requirements for deposit of bond 
or other guarantee of credit in an amount determined by the 
Secretary; and 
(vii) any other information that the Secretary, in his discre-
tion, determines is reasonably necessary to permit a bona fide 
potential purchaser to evaluate the terms and conditions for 
purchase of the Phoenix Exchange Property. 
(B) Upon request, the Secretary shall make available to any 
potential purchaser a copy of the Exchange Agreement or any other 
document in the possession of the Secretary which the Secretary in 
his discretion determines is reasonably necessary to permit a bona 
fide potential purchaser to evaluate the proposal of the United 
States to sell the Phoenix Exchange Property. 
(3) Any person seeking to acquire the Phoenix Exchange Property 
by purchase under this section shall, within 90 days after publica-
tion of notice in the Federal Register under paragraph (2XA), deliver 
to the Secretary in the form prescribed in such notice, a written 
offer to purchase the Phoenix Exchange Property which offer 
shall— 
(A) offer to purchase the entire Phoenix Exchange Property 
for cash in a single transaction at a price greater than the 
minimum acceptable price established under paragraph (4); 
(B) by its terms be irrevocable for a period of at least 120 days 
from the date such offer is delivered to the Secretary and be 
legally binding on the offeror upon acceptance of such offer by 
the United States; 
(C) offer to enter into a Purchase Agreement with the United 
States under the terms and conditions for purchase of the 
19-194 O—91—Part 5 
19 : QL 3 
102 STAT. 4584 
PUBLIC LAW 100-696—NOV. 18, 1988 
Phoenix Elxchange Property described in the notice by the 
Secretary under paragraph (2); 
(D) contain an offer to the tjnited States to enter into a Trust 
Fund Payment Agreement in a form prescribed by the Sec-
retary consistent with the requirements for payment of the 
Trust Fund Payment in the form of annual payments under 
section 403, which agreement shall be l^ally binding upon the 
offeror upon election of the Secretary to receive payment of the 
Monetary Proceeds in the form of annual payments under 
section 403 of this title, including: (i) a detailed description of 
the collateral to be provided by the offeror to secure the pay-
ment obligation under the Trust Fund Payment Agreement 
upon such election of the Secretary to receive pa3mient in the 
form of annual payments, and (ii) evidence of ownership and 
value of such collateral sufficient to permit the Secretary to 
determine whether such collateral is adequate to secure the 
payment obligations of the Purchaser under the Trust Fimd 
Payment Agreement; 
^ ) contain evidence that the offeror has made an offer to the 
CSly of Phoenix, l^ally binding by its terms on the offeror upon 
approval by the City Council of Phoenix, Arizona, to enter into 
the Planning and Development Agreement; 
(F) contain full and substantial evidence of the capacity of the 
offeror to enter into and perform each of the obligations re-
quired to be undertaken by the offeror under the terms de-
scribed by the Secretary in accordance with paragraph (2) 
including a description of any financing arrangements to be 
undertaken by the offeror in order to perform the payment 
obligation of the Purchaser upon closing of the Purchase 
Transaction; 
(G) meet any other requirements prescribed by the Secretary 
in the notice published under paragraph (2XA) which are 
reasonably necessary to ensure that any offer accepted by the 
United States under this subsection will provide pubUc benefits 
to the United States comparable to those provided to the United 
States under the Land Exchange; and 
Securities. 
(H) be accompanied by the deposit of a bond or other guaran-
tee consistent with the requirements prescribed by the Sec-
retary under paragraph (2). 
(4) The minimum acceptable price for sale of the Phoenix Ex-
change Property is a cash amount equal to the sum of the amount 
requu^ to be deposited into the account for purchase of the Florida 
Lands and reimbursement of costs under subsection (i) and an 
amount equal to the amount required to be paid by Collier under 
paragraphs 13 and 14 of the Exchiuige Agreement. 
(5XA) The Secretary shall review any offer to purchase the Phoe-
nix Exchange Property delivered to the Secretary within 90 days 
after pubhcation of notice under paragraph (2XA) for the purpose of 
determining whether such offer meets the requirements under para-
graph (3) or other requirements set forth in the notice of the 
Secretary pursuant to paragraph (2). The Secretary shall identify for 
consideration as qualifying offers all such offers that meet such 
requirements subject to the limitations of subparagraph (B). 
(B) In determining whether an offer is a qualif3ring offer under 
this paragraph, the Secretary shall exclude from consideration any 
offer that the Secretary in his discretion determines— 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4585 
(i) does not meet the requirements set forth in the notice of 
the Secretary pursuant to paragraph (2); 
(ii) is made by an offeror without adequate capacity to enter 
into or perform the payment obligations under this title or the 
Trust Fund Payment Agreement; or 
(iii) has failed to identify collateral that is adequate to secure 
the obligations under the Trust Fund Payment Agreement. 
(C) The Secretary shall, within 105 days after publication of notice 
in the Federal Register, select from among the qualifying offers the 
best qualifying offer, which shall be the single offer from among the 
qualifying offers that contains an offer to pay to the United States 
the highest lump sum cash payment upon closing of the Purchase 
Transaction: Provided, That nothing in this paragraph shall be 
construed to limit or alter the right of the Secretary to elect to 
receive payment of the Monetary Proceeds in the form of annual 
payments under section 403 of this title. 
(6) Within 105 days after publication of notice in the Federal 
Register under paragraph (2)(A), the Secretary shall advise Collier 
whether the Secretary has identified a qualifying offer or offers. In 
the event that the Secretary has not identified any such qualifying 
offer, he shall advise Collier that Collier may accept the offer of the 
United States to Collier under the terms of the Exchange Agree-
ment and this title. In the event that the Secretary has identified a 
qualifying offer, the Secretary shall provide Collier with a copy of 
the best qualif3dng offer, and shall advise Collier that Collier may 
accept the offer of the United States under the Exchange Agreement 
subject to the requirement that Collier pay, rather than the amount 
required to be paid under paragraphs 13 and 14 of the Exchange 
Agreement, the difference between an amount equal to 105 percent 
of the price to be paid under the best qualifying offer and 
$45,100,000. 
(7) Collier may accept the offer of the United States by notice to 
the Secretary within 30 days of receipt of notice under paragraph (6) 
that Collier accepts such offer under the terms of the Exchange 
Agreement and subject to the requirement, if any, for additional 
payment under paragraph (6). If Collier accepts the offer of the 
United States under this paragraph, closing of the Land Exchange 
shall occur under the terms of the Exchange Agreement and this 
title. 
(8) If Collier does not accept such offer, the Secretary shall accept 
the best qualifying offer. If no qualifying offer has been received 
within the period specified in paragraph (3), the Secretary shall 
maintain the School Property in accordance with subsection (k) of 
this section, and notify the Committees on Interior and Insular 
Affairs and Veterans' Affairs in the House of Representatives, and 
the Committee on Energy and Natural Resources in the Senate 
within 60 days of the Secretary's notice to Collier under paragraph 
(6). Closing of the Purchase Transaction under this subsection shall 
occur within 90 days after acceptance by the United States of the 
best qualifying offer, subject to the requirements respecting deposit 
of payment under subsection (i). 
(9) No action of the Secretary under this subsection shall be 
subject to the provisions of 5 U.S.C. 553 through 558 or 701 through 
706. 
(i) ACCOUNT FOR PURCHASE TRANSACTION AMOUNTS.—(1) Upon 
closing of the Purchase Transaction, there shall be established in 
the Treasury of the United States an account into which shall be 
102 STAT. 4586 
PUBLIC LAW 100-696—NOV. 18, 1988 
deposited from the amount paid to the United States under the 
Purchase Transaction, at the direction of the Secretary, an amount 
equal to the sum of^ 
(A) $49,400,000, less any amount received by Collier in consid-
eration of the conveyance to the United States of any portion of 
the Florida Lands prior to the closing of the Purchase Trans-
action, and 
(B) an amount equal to the costs determined by the Secretary 
as reimbursable to Collier under paragraph (2), based on 
information to be provided to the Secretary by Collier at the 
time that Collier provides preliminary notice under subsection 
(d). 
(2) For purposes of this subsection, reimbursable costs of Collier 
shall include— 
(A) all costs, including fees for attorneys and consultants and 
appraisal costs paid or incurred by Collier in connection with 
the Public Planning Process and planning and zoning of the 
School Property, and 
(B) an amount for compensation of general administrative 
costs and overhead, which shall be an amount equal to the costs 
reimbursable to Collier under subparagraph (A) multiplied by a 
factor of 0.8. 
Florida. 
(3) Upon Conveyance by Collier to the United States of title to the 
Florida Lands pursuant to this subsection, the Secretary shall cause 
to be paid to Collier from the account established under paragraph 
(1): (A) $49,400,000, less any amount previously paid to Collier by the 
United States in consideration of conveyance of any portion of the 
Florida Lands, and (B) an amount equal to the total amount of costs 
reimbursable to Collier under this subsection, as determined by the 
Secretary. 
(j) CONVEYANCE OF TITLE.—Upon conclusion of the procedures 
under subsection (h), the Secretary is authorized and directed to 
release and quitclaim to the Purchaser all right, title, and interest of 
the United States to the Phoenix Exchange Property. 
(k) REVERSION.—Any land within the School Property not con-
veyed to the Purchgiser or the City or transferred to the Veterans' 
Administration upon closing of the Land Exchange or the Purchase 
Transaction or which reverts to the United States under subsection 
(e)(4) or is transferred to the Secretary under subsection (gX4) and is 
not sold to the City or the Purchaser shall be maintained under the 
administrative jurisdiction, maneigement and control of the Na-
tional Park Service and shall not be disposed of until authorized by 
an Act of Congress: Provided, however, That such lands shall not be 
considered a unit of the National Park System. 
(1) STATE AND LOCAL AUTHORITY.—Nothing in this title shall be 
construed to supersede, abrogate, enlarge, diminish, or otherwise 
alter the exercise of authority of the State of Arizona, the City or 
other State and local authority with respect to planning and zoning 
of the School Property under applicable State or local law. 
(m) SPECIFIC PLAN REPORTS.—(1) No later than 30 days after the 
submission of the Specific Plan as provided for in the Planning and 
Development Agreement, the Comptroller General of the United 
States shall submit to Congress a report analyzing the Specific Plan, 
particularly as it relates to the final proposals for zoning of the 
Phoenix Exchange Property, the alternatives considered, the rea-
sons for rejection of the alternatives, and the effect of the rezoning 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4587 
proposals on the potential value of the property relative to the 
effects of other zoning proposals. 
(2) Within 60 days after acceptance of the Purchasers' offer under 
subsection (hX8), or acceptance by Collier of the offer of the United 
States under subsection (h) (1), (6) or (7), whichever is later, the 
Comptroller General shall provide a further report on all actions 
taken subsequent to the submission of the Specific Plan relative to 
disposition of the Phoenix Exchange Property, particularly as they 
relate to the value received by the United States and the process by 
which such value was determined. 
(3) The Comptroller Greneral shall transmit all reports required by 
this section to the Committees on Interior and Insular Affairs and 
Education and Labor of the House of Representatives and the 
Committee on Energy and Natural Resources and the Select 
Committee on Indian Affairs of the Senate. 
(4) Within 45 days following submission of the Specific Plan as 
provided for in the Planning and Development Agreement, the 
Secretary shall obtain, at Collier's expense, a current, independent 
appraisal of the Phoenix Exchange Property, based upon the zoning 
requirements stated in such Specific Plan, which appraisal shall 
determine the fair market value which Collier must give for the 
Phoenix Exchange Property if such property is acquired by Collier 
pursuant to the provisions of subsection (hXl). 
PAYMENT TO THE TRUST FUNDS 
Indians. 
SEC. 403. (a) DEPOSIT OF MONETARY PROCEEDS.—The Monetary 
Proceeds shall be paid to the United States for deposit in the 
Arizona InterTribal Trust Fund and the Navajo Trust Fund in 
accordance with this section and section 405 of this title. 
0>) ELECTION OF LUMP SUM OR ANNUAL PAYMENTS.—Subject to the 
requirements for consultation under subsection (cX3), the Secretary 
may, in his discretion, elect to receive the Trust Fund Payment for 
deposit in the Arizona InterTribal Trust Fund or the Navajo Trust 
Fund, or both, in the form of either a lump sum payment or 30 
annual pajnnents, calculated in accordance with subsection (c). The 
Secretary shall provide notice of such election to the Purchaser 
within 90 days after receipt of notice from Collier that it intends to 
accept the offer of the United States under the Exchange Agreement 
pursuant to section 402(d). 
(c) METHOD OF PAYMENT.—(1) If the Secretary elects to receive a 
Trust Fund Payment in the form of a lump sum payment, the 
Purchaser shall, at the time of closing, pay to the United States an 
amount equal to that portion of the Monetary Proceeds that is 
properly allocable to the Trust Fund for which such election is 
made. 
(2) If the Secretary elects to receive a Trust Fund Payment in the 
form of annual payments, the Purchaser shall make— 
(A) 30 annual payments equal to the interest due on an 
amount equal to that portion of the Monetary Proceeds that is 
properly allocable to the Trust Fund for which such election is 
made; and 
(B) at the time of the last annual payment, a payment equal 
to that portion of the Monetary Proceeds that is properly 
allocable to the Trust Fund for which such election is made. 
(3) Prior to making any election as to form of the Trust Fund 
Payment under this subsection, the Secretary shall consult with— 
102 STAT. 4588 
PUBLIC LAW 100-696—NOV. 18, 1988 
(A) the InterTribal Council of Arizona, concerning the form of 
the Trust Fund Pajrment to the Arizona InterTribal Trust Fund; 
and 
(B) the governing body of the Navajo Tribe, concerning the 
form of the Trust Fund Payment to the Navajo Trust Fund. 
(4) If the Secretary elects to receive a Trust Fund Pa3nnent in the 
form of annual payments under subsection (cX2), the Secretary is 
directed to execute the Trust Fund Payment Agreement pursuant to 
which such annual payments will be made. 
(5) The interest rate to be used in determining the interest due on 
annual Trust Fund Pa3niients payable by the purchaser shall be the 
interest rate being offered on bonds payable in 30 years sold by the 
United States on the date that notice of the election of the form of 
the Trust Fund Payment is made by the Secretary plus 0.25 percent, 
except that in no event shall such interest rate be lower than 8.5 
percent or higher than 9.0 percent. 
(6) Closing of the Land Exchange or the Purchase Transaction 
shall occur no sooner than 90 days after notice of the Secretary's 
election is provided to the Purchaser, except that if the Secretary 
elects to receive a Trust Fund Payment in the form of annual 
payments under subsection (cX2), closing of the Land Exchange or 
the Purchsise Transaction shall not occur unless a Trust Fund 
Payment Agreement has been executed. 
(d) CASH PROCEEDS.—Any cash proceeds to the United States from 
the sale of land within the School Property offered to and accepted 
by the City or the Purchsiser subsequent to closing of the Land 
Exchange or the Purchase Transaction shall be in the form of a 
lump sum payment, unless otherwise agreed to by the parties, 
payable to the United States for deposit into the Arizona InterTribal 
Trust Fund and the Navajo Trust Fund pursuant to section 405 of 
this title. 
CLOSURE OF THE PHOENIX INDIAN HIGH SCHOOL 
SEC. 404. (a) CLOSURE.—Notwithstanding any other provision of 
law, the Secretary shall close the Phoenix Indian High School on a 
date determined by the Secretary, which date shall be no earlier 
than June 1,1990, and no later than September 1,1990. 
Oa) NOTICE.—By January 30, 1990, the Secretary shall notify the 
tribal governing body of each Arizona Tribe affected by the closing 
of the Phoenix Indian High School and each person, or parent or 
guardian of each person, enrolled as a student at the Phoenix Indian 
High School on January 1,1991, of the date of closing of the Phoenix 
Indian High School as determined by the Secretary under subsec-
tion (a). 
(c) INDIVIDUAL EDUCATION PLANS.—(1) Beginning January 30, 
1990, but in no case later than March 1,1990, the Secretary, through 
the Assistant Secretary of Indian Affairs, shall— 
(A) identify each eligible Indian student who is enrolled or 
preenroUed for attendance at the Phoenix Indian High School, 
as of the date of enactment of this title, or who attended the 
Phoenix Indian High School during the academic year 1988-89, 
and who did not graduate from a secondary program, and 
shall— 
(i) contact each student, or the parents or guardians of 
record of each such student. 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4589 
(ii) notify each student that the Phoenix Indian High 
School is to be closed at the date established by the Sec-
retary under subsection (a), 
(iii) inform each of the alternatives available to each 
student and their families, including attendance at the 
Bureau operated facility at Riverside, California, and 
(iv) develop the individual education plans required 
under subparagraph (B); 
(B) develop for each student identified under subparagraph 
(A) an individual education plan, which shall be formulated in a 
cooperative fashion between Bureau education and other appro-
priate social services. Each individual education plan shall, at 
the minimum, include— 
(i) an identification of the student; 
(ii) an identification of the special educational, social, or 
academically related cultural needs of each student; 
(iii) a description of the consultation and discussions with 
the student and the parent involved in the formulation of 
this plan; 
(iv) an identification of the alternative service provider 
chosen by the student or parent to provide educational 
services; 
(v) any actions taken, pursuant to the requirements to 
protect confidentiality, to contact and coordinate the alter-
native service provider, the tribe, any appropriate Bureau 
social service entities, and the Office of Indian Education 
Program; and 
(vi) set out in detail the actions to be taken by the Bureau 
of Indian Affairs to supplement the program provided with 
additional services and support for the student, where the 
student attends a non-Bureau funded program or a Bureau 
funded program which does not include the services de-
scribed within the plan; and 
(C) take such steps as are necessary to establish a formal 
internal mechanism for implementing the findings and rec-
ommendations of the plans developed under subparagraph (B). 
(2XA) Any other provision of law notwithstanding, the Secretary 
shall, for the fiscal years ending prior to September 30,1992, reserve 
from funds appropriated under section 1128 of Public Law 95-561 
and other Bureau of Indian Affairs accounts presently providing 
support to the Phoenix Indian High School during the fiscal year 
1990 an amount equal to the amount determined under subpara-
graph (B) for the purpose of implementing subparagraph (C). 
(B)(i) The amount reserved for the fiscal year ending Septem-
ber 30, 1991, shall be equal to the sum of three-fourths the amount 
generated under the Indian Student Equalization Formula during 
fiscal year 1990 for the Phoenix Indian High School plus three-
fourths the amount generated under the accounts referenced in 
subparagraph (A), such funds to be reserved from the respective 
accounts and administered pursuant to subparagraph (C). 
(ii) The amount reserved for the fiscal year ending September 
1992 shall be equal to the sum of one-half the amount generated 
under the Indian Student Equalization Formula during fiscal year 
1990 for the Phoenix Indian High School plus one-half the amount 
generated under the accounts referenced in subparagraph (A), such 
funds to be reserved from the respective accounts and administered 
pursuant to subparagraph (C). 
102 STAT. 4590 
PUBLIC LAW 100-696—NOV. 18, 1988 
(C) From funds reserved pursuant to subparagraph (B), the area 
education director and the area director shall jointly administer a 
program to implement the individual education plans developed 
under paragraph (2), with particular emphasis being placed on 
monitoring the periFormance and attendance of students covered by 
the individual education plans. From such funds, they shall also, to 
the extent funds are available, conduct such activities as may be 
necessary to determine those eligible Indian students who reside 
within the State of Arizona or the jurisdiction of the Phoenix Area 
Office of the Bureau of Indian Affairs who are of legal age to be 
attending school but who are not enrolled in any program. 
(d) TRANSFER OF JURISDICTION.—Within 60 days after closure of 
the Phoenix Indian High School under subsection (a), the Secretary 
shall transfer administrative jurisdiction, maneigement and control 
of the school property from the Bureau of Indian Affairs to the 
National Park Service: Provided, That, prior to the disposition of the 
School Property under the terms of the Exchange Agreement or 
otherwise, the National Park Service shall manage and control such 
School Property in a manner consistent with the requirements of 
the Exchange Agreement and subsection (e), except that the 
Administrator may, during the interim period of administration, 
take such actions as are necessary to protect the improvements 
located on the 11.5 acres of land and 4.5 acres of land to be 
transferred to the Veterans' Administration pursuant to subsections 
(f) and (g) of section 402. During the interim period of administration 
the School Property shall not be considered a unit of the National 
Park System. 
California. 
(e) TRANSFER OF RESOURCES.—(1) Any other provision of law not-
withstanding, the following shall apply to the Sherman Indian 
School, located in Riverside, California, and operated by the Bureau 
of Indian Affairs, or its successors, effective on the date of 
enactment: 
(A) The attendance boundaries used by the Bureau of Indian 
Affairs to govern placements in the Sherman Indian School is 
expanded to include all of the attendance boundary served in 
the fiscal year 1991 by the Phoenix Indian High School. 
(B) Subject to school board approval, the superintendent of 
the Sherman Indian School is authorized to pay the recruitment 
and retention allowance authorized under section 1131(hX3) of 
Public Law 95-561. 
(C) The Secretary shall inventory all Bureau of Indian Affairs 
educational property, including personal property, currently 
located at the Phoenix Indian High School. The superintendent 
of the Sherman Indian School, and their designees, shall have 
first option on all materials located at the Phoenix Indian High 
School and the Secretary shall take all steps necessary to move 
the materials chosen by the superintendent of the Sherman 
Indian School to the school as expeditiously as possible. Remain-
ing property shall be made available to other off-reservation 
boarding schools. 
(D) Subject to the provisions of subsection (d), the personnel 
ceilings at the Sherman Indian School shall be immediately 
adjusted to reflect employees who transfer from the Phoenix 
Indian High School and any increase in the student population 
projected by the closure. 
(2) With respect to any employee employed at the Phoenix Indian 
High School prior to the closure of the academic program— 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4591 
(A) for the purpose of conducting the reduction in force 
associated with the closure of the Phoenix Indian High School, 
Phoenix Indian High School and the Sherman Indian School in 
Riverside, California shall be considered as one employment 
area; and 
(B) for those who do not elect to exercise the above, or to 
whom they do not apply, outplacement assistance, including 
where available job retraining programs, professional resume 
and other job placement assistance. 
ESTABUSHMENT OF THE ARIZONA INDIAN TRUST FUNDS 
SEC. 405. (a) ESTABUSHMENT.—Upon disposal of the School Prop-
erty and receipt by the United States of the Monetary Proceeds, 
there shall be established in the Treasury of the United States— 
(1) a fund to be known £is the Arizona InterTribal Trust Fund; 
and 
(2) a fund to be known as the Navajo Trust Fund. 
(b) AMOUNTS IN FUNDS.—Each Trust Fund established under this 
section shall consist o
f
— 
(1) an amount equal to the sum of— 
(A) that portion of the Monetary Proceeds properly 
allocable to each such Trust Fund; 
, . 
(B) that portion of the cash proceeds from the sale by the 
United States to the City or the Purchaser of additional 
acres of land within the School Property pursuant to 
subsection (g)(5) of section 402 of this title properly allocable 
to each such Trust Fund; and 
(C) any interest accruing on any amount deposited in 
each such Trust Fund, 
(2) less the amount of Trust Income from the Trust Fund used 
by the Secretary pursuant to subsection (d). 
(c) INVESTMENT.—(1) If a Trust Fund Payment is made in the form 
of a lump sum payment under section 403(cXl) of this title, the 
Secretary of the Treasury shall invest the amount of such lump sum 
payment in interest-bearing deposits and securities in accordance 
with the Act of June 24,1938 (25 U.S.C. 162a). 
(2) If a Trust Fund Payment is made in the form of annual 
payments under section 403(cX2) of this title, the Secretary of the 
Treasury shall hold in trust the security provided in accordance 
with the Trust Fund Payment Agreement. 
(3) At the direction of the Secretary, the Secretary of the Treasury 
may invest in accordance with the requirements of paragraph (1) 
any portion of the Trust Income not used by the Secretary in any 
year. 
(d) USE OF TRUST INCOME.—(1) The purpose of these trust funds is 
to supplement, not supplant, current Federal efforts. The Secretary 
shall not reduce, rescind, alter or change any distribution of funds to 
which any Indian tribe or students covered by this section may 
otherwise be entitled or eligible under any other Federal authority. 
The Congress also expresses its intention that in determining the 
amount of any funds to provide services to Indian tribes or students 
covered by this section, there shall be no amendment, alteration, 
limitation, or reduction within future congressional action occa-
sioned by the presence of these funds. 
(2) Trust Income may be used only for— 
" 
/ 
• :iaj 
102 STAT. 4592 
PUBLIC LAW 100-696—NOV. 18, 1988 
Education. 
Children and 
youth. 
Education. 
Children and 
youth. 
(A) supplemental educational and child-welfare programs, 
activities, and services for the benefit of— 
(i) those Arizona Tribes that were members of the Inter-
Tribal Council of Arizona on January 1, 1988, in the case of 
payments from the Arizona InterTribal Trust Fund; and 
(ii) the Navajo Tribe, in the case of payments from the 
Navajo Trust Fund; 
(B) the design, construction, improvement, or repair of related 
facilities; and 
(C) the payments referred to in paragraph (4). 
(3XA) To carry out the purposes of paragraph (2), the Secretary, 
pursuant to appropriations, may make grants— 
(i) from the Arizona InterTribal Trust Fund to Arizona tribes 
that were members of the InterTribal Council of Arizona on 
January 1, 1988, public school districts on or near reservations 
of such Tribes in the State of Arizona, and the InterTribal 
Council of Arizona; and 
(ii) from the Navajo Trust Fund to the Navajo Tribe or public 
school districts on or near the Navajo Reservation in the State 
of Arizona. 
(B) The Secretary shall require, £is a condition for making any 
grant to a public school district, the approval of the governing body 
of the Arizona Tribe the children of which are to be served by such 
grant. 
(4)(A) An amount equal to 5 percent of the Trust Income during 
the preceding fiscal year shall be paid annually by the Secretary— 
(i) to the InterTribal Council of Arizona from the Arizona 
InterTribal Trust Fund; and 
(ii) to the governing body of the Navajo Tribe from the Navajo 
Trust Fund. 
(B) Payments made under this paragraph shall be used for edu-
cation, child welfare, community development, and general adminis-
trative purposes, and may be made only pursuant to an annual 
budget adopted by the vote of— 
(i) a majority of the members of the InterTribal Council of 
Arizona, in the case of payments to the Arizona InterTribal 
Trust Fund; and 
(ii) the governing body of the Navajo Tribe, in the case of 
payments to the Navajo Trust Fund. 
(C) The limitation on the amount of payments under this para-
graph shall not be construed as a limitation on the authority of the 
Secretary to make grants to the InterTribal Council of Arizona or 
the Navajo Tribe under paragraph (3). 
(5) None of the Trust Income may be used for scholarship grants 
for higher education. 
(e) ALLOCATION.—In depositing into the Trust Funds the Monetary 
Proceeds, any payment by the State of Arizona, or the cash proceeds 
from the sale of land within the School Property— 
(1) the amount properly allocable to the Arizona InterTribal 
Trust Fund shall be 95 percent of the total amount of such 
payment or cash proceeds to the United States; and 
(2) the amount properly allocable to the Navajo Trust Fund 
shall be 5 percent of the total amount of such payment or cash 
proceeds to the United States. 
SEC. 406. ADMINISTRATION OF NEW LANDS FUNDS.—Subsection 
(cX2XB) of section 12 of Public Law 93-531 (25 U.S.C. 640d-ll) is 
amended by adding at the end thereof of the following new clause: 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4593 
"(B) : Provided further. That for administrative purposes such 
funds shall be maintained in a separate account.". 
SEC. 407. CLARIFICATION OF EUGIBIUTY.—Public Law 93-531 is 
amended by adding at the end thereof the following new section: 
"SEC. 32. Nothing in this Act prohibits the Commissioner from 
25 USC 640d-3l. 
providing relocation assistance to families certified as eligible, 
regardless of their current place of residence, with funds appro-
priated to implement Public Law 93-531.". 
TITLE V—SANTA RITA PUBLIC LANDS EXCHANGE 
PAYMENT OF FEDERAL DEBT 
SEC. 501, The Secretary of the Interior, acting through the Bureau 
of Land Management, shall convey to the State of Arizona, a portion 
of the lands in the Santa Rita Experiment Station l5dng outside of 
the National Forest System, (comprising 50,810.94 acres as generally 
depicted on map AZ-020-01, subpart A, dated September 13, 1988), 
which the Secretary deems necessary to satisfy the remaining Fed-
eral debt to the State of Arizona, as of the date of enactment of this 
title, for relinquishments of lands for the Central Arizona project 
pursuant to the provisions of the Act of June 20, 1910. The map 
referenced in this section shall be on file and available for public 
inspection in the offices of the Arizona State Bureau of Land 
Management and of the Bureau of Land Management in Washing-
ton, D.C. 
LAND ACQUISITION 
SEC. 502. (a) STATE LANDS ACQUISITION.—Upon completion of the 
actions authorized in section 501, the Secretary shall utilize the 
remaining Federal lands in the Santa Rita Experiment Station, 
described in section 501, to acquire through exchange, pursuant to 
the exchange provisions of the Federal Land Policy Management 
Act of 1976, all of the State trust lands within Catalina State Park 
(as generally depicted on map AZ-020-02, subpart B, dated Septem-
ber 13, 1988), Buenos Aires National Wildlife Refuge (as generally 
depicted on map AZ-020-05, subpart A, dated September 13, 1988), 
the Black Canyon Corridor (as generally depicted on map AZ-020-
03, Subpart A, dated September 13, 1988), Arivaca Lake (as gen-
erally depicted on map AZ-020-05, subpart B, dated September 13, 
1988), the Madera-Elephant Head Trail area (as generally depicted 
on map AZ-020-01, subpart C, dated September 13, 1988), and near 
Lake Pleasant (as generally depicted on map AZ-020-03, subpart B, 
dated September 13, 1988). The maps described in this subsection 
Public 
shall be on file and available for public inspection in the offices of 
information, 
the Arizona State Bureau of Land Management and of the Bureau 
of Land Management in Washington, D.C. 
(b) ADDITIONAL ACQUISITION AUTHORITY.—The Secretary is also 
authorized to acquire the State lands described in subsection (a) by 
purchase or eminent domain to the extent determined by him to be 
appropriate. 
(c) LANDS TO BE INCLUDED IN THE NATIONAL WILDUFE REFUGE 
SYSTEM.—Those lands within the Buenos Aires National Wildlife 
Refuge that are acquired in accordance with this title shall be added 
to the National Wildlife Refuge System and managed in accordance 
with the National Wildlife Refuge System Administration Act of 
1966. 
102 STAT. 4594 
PUBLIC LAW 100-696—NOV. 18, 1988 
(d) LANDS TO BE ADMINISTERED BY THE BUREAU OF LAND MANAGE-
MENT.—Those lands near Lake Pleasant and within the Black 
Canyon Corridor that are acquired in accordance with this title shall 
be administered by the Bureau of Land Management, in accordance 
with the provisions of the Federal Land Policy and Management Act 
of 1976. 
ADDITION TO THE CORONADO NATIONAL FOREST 
SEC. 503. (a) INCLUSION IN NATIONAL FOREST SYSTEM.—Those lands 
in the Catalina State Park, Madera-Elephant Head Trail area, and 
the Arivaca Lake area that are acquired pursuant to this title, shall 
be included in the Coronado National Forest, and the exterior 
boundary of the Coronado National Forest shall be modified to 
include such lands on the date of acquisition by the United States. 
National Forest 
The Catalina State Park lands shall be managed cooperatively with 
System. 
the Arizona State Parks Department for public access and recre-
ation purposes under the authorities of the National Forest System. 
Subject to valid existing rights, such lands are hereby withdrawn 
from all forms of^ 
(1) entry, appropriation, or disposal under the public lands 
laws; 
(2) location, entry, and patent under the United States mining 
laws; and 
(3) disposition under all laws pertaining to mineral and geo-
thermal leasing. 
0)) LANDS EXEMPT FROM FURTHER PLANNING.—The lands added to 
the Coronado National Forest by this section shall be administered 
under the laws and regulations applicable to National Forest 
System lands except that the lands described in this section shall be 
exempt from any further planning requirements of the National 
Forest Management Act of 1976 until the final 1986 forest plan for 
the Coronado National Forest is revised. At that time, future 
management direction for these lands will be determined as a part 
of planning for the entire national forest. 
REVOCATION O F SANTA RITA RANGE EXECUTIVE AND PUBUC LAND 
ORDERS 
SEC 504. (a) REVOCATION.—Notwithstanding any other provision 
of law, in order to facilitate the transfer of certain Federal lands. 
Executive Order 1222 dated July 1, 1910, and Public Land Order 
1363 dated November 14, 1956, which withdrew the Santa Rita 
Experimental Range for a forest and range experiment station, are 
hereby revoked in their entirety. 
Ot)) EFFECTIVE DATE.—The effective date of the revocation made by 
this section shall be— 
(1) for those lands lying within the National Forest System 
the date of enactment of this title; or 
(2) for those lands lying outside of the National Forest System 
the date of transfer of patent to the State of Arizona. 
WITHDRAWALS FOR ADMINISTRATIVE SITE 
SEC. 505. (a) WITHDRAWAL.—Subject to valid existing rights, the 
following described lands within the Coronado National Forest are 
hereby withdrawn from all forms o
f
— 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4595 
(1) entry, appropriation, or disposal under the public lands 
laws; 
(2) location, entry, and patent under the United States mining 
laws; and 
(3) disposition under all laws pertaining to mineral and geo-
thermal leasing: 
All of section 19, the SWy4NWV4, and WVaSW^A of section 20, the 
Ny2NEy4 of section 30; all in T. 19 S., R. 15 E., G&SRM; contain-
ing approximately 751.04 acres. (Florida Canyon) 
Such lands shall be used for research purposes in accordance with 
applicable law. 
(b) REVOCATION OF ORDER.—Notwithstanding any other provision 
of law, in order to facilitate the administration of the Federal lands 
described in subsection (a), Public Land Order 1080, dated February 
28, 1955, which withdrew lands for forest administrative sites, is 
hereby revoked as it relates in sec. 19, T. 19 S., R. 15 E., G&SRM. 
WITHDRAWALS FOR KOFA NATIONAL WILDLIFE REFUGE 
SEC. 506. Subject to valid existing rights, all federally owned lands 
within the Kofa National Wildlife Refuge as of the date of enact-
ment of this title are hereby withdrawn from all forms of— 
(a) entry, appropriation, or disposal under the public land 
laws; 
Qo) location, entry, and patent under the United States mining 
laws; and 
(c) disposition under all laws pertaining to mineral and geo-
thermal leeising. 
REVOCATION OF RECLAMATION WITHDRAWALS 
SEC. 507. (a) IN GENERAL.—Notwithstanding any other provision 
of law, in order to facilitate the transfer of certain Federal lands— 
(1) Secretarial Orders dated January 31, 1903, September 8, 
1903, June 4, 1930, and October 16, 1931, which withdrew lands 
from the Colorado River Storage Project and Executive Order 
8647 dated January 22, 1941, and Public Land Order 4417 dated 
May 20, 1968, which withdrew lands for the Havasu National 
Wildlife Refuge, and Executive Order 8685 dated February 14, 
1941, which withdrew lands for the Imperial National Wildlife 
Refuge are hereby revoked on the following described lands 
under the administration of the Fish and Wildlife Service: 
Sec. 17. T. 5 S.,-R. 21 W.; portions of sees. 17, 20, 28, and 33, T. 14 N., 
R. 20 W.; portions of sees. 3 and 10, T. 16 N., R. 21 W.; and por-
tions of sees. 21, 27, and 34, T. 17 N., R. 21 W.; all in G&SRM. 
The effective date of the revocation shall be the date of patent 
to the State of Arizona. 
(2) Secretarial Orders dated July 2, 1902, and February 10, 
1906, which withdrew certain lands in aid of the Salt River 
Project, are hereby revoked on the following described lands: 
Lots 7, 9, 11, 13, through 15, and 17 through 29 of section 24, T. 2 N., 
R. 6 E., G&SRM. 
The effective date of the revocation shall be the date of patent 
to the State of Arizona. 
(b) PATENTS.—The following stipulations shall be included in all 
patents issued by the Secretary of the Interior for the lands de-
scribed in subsection (a)(2): 
102 STAT. 4596 
PUBLIC LAW 100-696—NOV. 18, 1988 
(1) Excepting and reserving to the Salt River Project, a right-
of-way for electric transmission and distribution lines and 
access purposes which shall comprise that portion of the east 
300 feet of section 24, lying west of a line extending northerly 
from a point on the south section line of section 24, being 51 feet 
west of the southeast corner of section 24 to a point on the north 
section line of section 24, being 129 feet west of the northeast 
corner of section 24, as generally depicted on the Salt River 
Project drawing number C-675-439.88, dated June 1988; 
(2) The United States and the Salt River Project shall not be 
liable whatsoever for damages to any lands conveyed herein, 
which may be caused by flooding in conjunction with any of the 
United States' or Salt River Project's existing or future facilities 
or protective works; 
(3) The patentee, successors or assigns of the lands conveyed 
herein shall be held liable to the United States or the Salt River 
Project for damages caused by the holder's activities which alter 
drainage and adversely affect adjacent lands, project facilities 
or protective works of the United States or the Salt River 
Project; and 
(4) Reserving to the United States a right-of-way for road 
purposes, as described in Bureau of Land Management A.R. 
020234. 
ADJUSTMENT OF CORONADO NATIONAL FOREST BOUNDARY 
SEC. 508. (a) MODIFICATION OF PROCLAMATION 1121.—Proclamation 
1121, dated April 17, 1911, which established the Coronado National 
Forest boundary as it related to Township 21 South, Range 18 East, 
G&SRM, is hereby modified to delete sections 27 and 28, which are 
not under the jurisdiction of the Forest Service, from inclusion 
within the National Forest System. 
O
t
)
) MODIFICATION OF PROCLAMATION DATED JULY 19, 1907.—The 
proclamation dated July 19, 1907, which established the Coronado 
National Forest boundary as it is related to Township 15 South, 
Range 17 East, Gila and Salt River Meridian, is hereby modified to 
delete sections 9, 10, 15 and 22, which are not under the jurisdiction 
of the Forest Service, from inclusion within the National Forest 
System. 
AUTHORIZATION 
SEC. 509. (a) GENERAL APPROPRIATION.—There are hereby au-
thorized to be appropriated such sums as are necessary to carry out 
the provisions of this title. 
(h) PERSONNEL.—There are hereby authorized to be appropriated 
such sums as are necessary to provide for at least 5 and more, if 
necessary, full-time equivalent employees of the Bureau of Land 
Management to perform resource management and law enforce-
ment activities as part of the administration of the Bureau of Land 
Management lands in Black Canyon Corridor. 
SEC. 510. The Director of the United States Fish and Wildlife 
Service shall approve or disapprove applications for rights-of-way 
access across the Kofa National Wildlife Refuge as expeditiously as 
possible. 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4597 
TITLE VI—MOUNT GRAHAM INTERNATIONAL 
OBSERVATORY 
ESTABUSHMENT OF THE MOUNT GRAHAM INTERNATIONAL 
OBSERVATORY SITE 
SEC. 601. (a) The Secretary of Agriculture (hereinafter in this title 
referred to as the "Secretary") shall issue a Special Use Authoriza-
tion, subject to the terms and conditions of Reasonable and Prudent 
Alternative Three of the United States Fish and Wildlife Service 
Biological Opinion, dated July 14, 1988 (hereinafter referred to as 
"the Biological Opinion"), to the State of Arizona Board of Regents 
on behalf of the University of Arizona for the establishment of the 
Mount Graham International Observatory Research Site (herein-
after referred to as the "Site"), which shall, subject to any subse-
quent biological opinions issued by the United States Fish and 
Wildlife Service under the Endangered Species Act, and the provi-
sions of this title, include provision for seven telescopes and nec-
essary support facilities, for the purposes of scientific and astronom-
ical research. 
(b) The Site referred to in subsection (a) shall include not more Public 
than 24 acres within the 150-acre area of the Coronado National information. 
Forest, Arizona, as generally depicted on a map entitled, "Mount 
Graham International Observatory Site", dated July 28, 1988. 
Copies of the map shall be available for public inspection in the 
Office of the Chief, Forest Service, United States Department of 
Agriculture, Washington, District of Columbia, and the Forest Serv-
ice office located in Tucson, Arizona. 
CONSTRUCTION AUTHORIZATION 
SEC. 602. (a) Subject to the terms and conditions of Reasonable and 
Prudent Alternative Three of the Biological Opinion, the require-
ments of section 7 of the Endangered Species Act shall be deemed 
satisfied as to the issuance of a Special Use Authorization for the 
first three telescopes and the Secretary shall immediately approve 
the construction of the following items: 
(1) three telescopes to be located on Emerald Peak; 
(2) necessary support facilities; and 
(3) an access road to the Site. 
0)) Until the road described in subsection (aX3) above is con-
structed, the Secretary shall allow the University of Arizona to use 
forest roads FR 507 and FR 669 to the extent permitted in the 
Biological Opinion. 
ADDITIONAL TELESCOPE CONSTRUCTION AUTHORIZATION 
SEC, 603. (a) The Secretary shall, subject to the requirements of 
the Endangered Species Act and other applicable law, authorize the 
construction of four additional telescopes on Emerald Peak. 
(b) Consultation under section 7(a)(2) of the Endangered Species 
Act with respect to construction of the four additional telescopes 
referred to in subsection (a) shall consider, among other things, all 
biological data obtained from monitoring the impact of construction 
of the first three telescopes upon the Mount Graham red squirrel. 
Authorization by the Secretary for the construction of four addi-
tional telescopes shall be consistent with requirements deemed nee-
102 STAT. 4598 
PUBLIC LAW 100-696—NOV. 18, 1988 
essary to avoid jeopardizing the continued existence of any species 
listed under and pursuant to the Endangered Species Act. 
MANAGEMENT PLAN 
SEC. 604. (a) The University of Arizona, with the concurrence of 
the Secretary, shall develop and implement a management plan, 
consistent with the requirements of the Endangered Species Act and 
with the terms and conditions of Reasonable and Prudent Alter-
native Three of the Biological Opinion, for the Site. 
Ot)) Such management plan shall include provisions for the 
construction, operation and maintenance of the Site, access to the 
Site, and related support facilities. 
(c) The management plan shall be included in any Special Use 
Authorization issued by the Secretary to the University of Arizona. 
EXISTING SPECIAL USE AUTHORIZATIONS 
SEC. 605. (a) Those Special Use Authorizations now in effect for 
the Columbine Summer Home Tract area and the Arizona Bible 
School Organization Camp shall continue, subject to the terms and 
conditions of the authorizations, for the duration of the term speci-
fied in each authorization. Prior to the termination, nonrenewal or 
modification of those Special Use Authorizations for the areas noted 
above, the Secretary shall, with the assistance of the United States 
Fish and Wildlife Service, conduct a biological study to determine 
the effects of such special use authorizations upon the Mount 
Graham red squirrel and other threatened or endangered species. In 
making this determination, the Secretary shall consider the small 
amount of land under special use authorizations. The biological 
study shall also involve the participation of representatives from the 
community of Safford, Arizona, all of the affected parties, and any 
other appropriate interests. In addition to the biological study, the 
Secretary shall initiate consultation with the United States Fish 
and Wildlife Service pursuant to section 7(aX2) of the Endangered 
Species Act regarding the termination, nonrenewal, extension or 
modification of the special use authorizations. 
0)) Pursuant to title 2300 of the Forest Service Manual, special use 
terminations, nonrenewals, or modifications shall not take effect 
until ten years from the last date of the tenure of existing special 
use authorizations described in subsection (a). Unless the biological 
study or the biological opinion issued by the United States Fish and 
Wildlife Service after consultation under the Endangered Species 
Act concluded that an earlier date was necessary to avoid jeopardiz-
ing the continued existence of the Mount Graham red squirrel or 
any other threatened or endangered species, such actual termi-
nations, nonrenewals, or modifications shall not take effect before 
completion of a biological study by the United States Fish and 
Wildlife Service to begin in the year 2000. This additional study 
shall be subject to the same requirements and involve the same 
participants as described in subsection (a). 
(c) If, after completion of these studies, termination, modification 
or nonrenewal of special use authorizations described in subsection 
(a) are prescribed, the United States Forest Service shall, with the 
cooperation and approval of the holders of these special use 
authorizations, develop a relocation plan for such individuals and 
entities. 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4599 
(d) Nothing in this section is intended to preclude the termination 
of special use authorizations for breach by the permittee of terms 
and conditions of the authorizations. 
FINANCIAL RESPONSIBILITIES 
SEC. 606. In implementing this title, all costs directly associated 
with construction and site preparation for telescopes, support facili-
ties, a new access road, the biological monitoring program for the 
Mount Graham red squirrel as contained in the terms and condi-
tions of Reasonable and Prudent Alternative Three of the Biological 
Opinion, and the retention of an onsite biologist, shall be funded by 
the University of Arizona. 
ENVIRONMENTAL IMPACT STATEMENTS 
SEC. 607. With reference to the construction of the first three 
telescopes, related facilities, and the access road within the bound-
aries of the Site described in section 601, the requirements of section 
102(2Xc) of the National Environmental Policy Act of 1969 shall be 
deemed to have been satisfied. The Environmental Impact State-
ment for the Site, currently in process, shall continue and shall use 
the information developed to date and any additional appropriate 
information in analyzing the impacts of the four additional tele-
scopes authorized under section 603 of this title. 
TITLE VII—MISSISSIPPI NATIONAL RIVER AND 
RECREATION AREA 
Subtitle A—Mississippi National River and Recreation Area 
FINDINGS AND PURPOSES 
SEC. 701. (a) FINDINGS.—The Congress finds that: 
(1) The Mississippi River Corridor within the Saint Paul-
Minneapolis Metropolitan Area represents a nationally signifi-
cant historical, recreational, scenic, cultural, natural, economic, 
and scientific resource. 
(2) There is a national interest in the preservation, protection 
and enhancement of these resources for the benefit of the 
people of the United States. 
(3) State and local planning efforts along the River Corridor 
provide a unique foundation for coordinating Federal, State, 
and local planning and management processes. 
(4) Existing Federal agency programs lack sufficient coordina-
tion and financial participation with State and local planning 
and regulatory authorities to provide for adequate and com-
prehensive resource management and economic development 
consistent with the protection of the Mississippi River Cor-
ridor's nationally significant resources, and the public use and 
enjoyment of the area. 
(5) The preservation, enhancement, enjoyment, and utiliza-
tion of the nationally significant resources of the Mississippi 
River Corridor can be accomplished by a cooperative Federal, 
State, and local comprehensive planning and management 
effort. 
OJ) PURPOSES.—The purposes of this subtitle are: 
Minnesota. 
Water. 
Historic 
preservation. 
16 u s e 460zz. 
102 STAT. 4600 
PUBLIC LAW 100-696—NOV. 18, 1988 
16 u s e 460ZZ-1. 
Public 
information. 
District of 
Columbia. 
Federal 
Register, 
publication. 
16 u s e 460ZZ-2. 
(1) To protect, preserve and enhance the significant values of 
the waters and land of the Mississippi River Corridor within the 
Saint Paul-Minneapolis Metropolitan Area. 
(2) To encourage adequate coordination of all governmental 
programs affecting the land and water resources of the Mis-
sissippi River Corridor. 
(3) To provide a management framework to assist the State of 
Minnesota and its units of local government in the development 
and implementation of integrated resource management pro-
grams for the Mississippi River Corridor in order to assure 
orderly public and private development in the area consistent 
with the findings of this subtitle. 
ESTABUSHMENT OF NATIONAL RIVER AND RECREATION AREA 
SEC. 702. (a) ESTABUSHMENT.—There is hereby established the 
Mississippi National River and Recreation Area (hereinafter in this 
title referred to as the "Area") which shall consist of the State 
designated Mississippi Critical Area encompassing that portion of 
the Mississippi River and adjacent lands generally within the Saint 
Paul-Minneapolis Metropolitan Area, as depicted on the map enti-
tled Mississippi National River and Recreation Area numbered MI-
NRA/80,000 and dated April 1987. The map shall be on file and 
available for public inspection in the offices of the Department of 
the Interior in Washington, District of Columbia, and in the offices 
of the Metropolitan Council of the Twin Cities Area in Saint Paul, 
Minnesota. 
(b) BOUNDARIES.—The Secretary of the Interior (hereinafter re-
ferred to as the "Secretary") shall publish in the Federal Register, 
as soon as practicable after the enactment of this title a detailed 
description and map of the boundaries established under subsec-
tion (a). 
MISSISSIPPI RIVER COORDINATING COMMISSION 
SEC. 703. (a) ESTABLISHMENT.—There is hereby established a Mis-
sissippi River Coordinating Commission whose purpose shall be to 
assist Federal, State, and local authorities in the development and 
implementation of an integrated resource management plan for 
those lands and waters £is specified in section 702. The Commission 
shall consist of the following 22 members appointed by the Secretary 
of the Interior: 
(1) The Director of the National Park Service, or his designee. 
(2) The Chief of the Corps of Engineers, or his designee. 
(3) The Director of the Fish and Wildlife Service, or his 
designee. 
(4) Three individuals, from recommendations by the Governor 
of Minnesota, to represent the Minnesota Department of Natu-
ral Resources, Department of Transportation, and Minnesota 
Environmental Quality Board. 
(5) One individual, to represent the Minnesota Historical 
Society. 
(6) One individual, to represent the Metropolitan Council of 
the Twin Cities Area. 
(7) Four elected officials, to represent the cities of Saint Paul 
and Minneapolis. 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4601 
(8) Four elected officials, fi-om recommendations by the Gov-
ernor of Minnesota, to represent the interests of the other 
affected municipalities and counties. 
(9) One individual, to represent the Metropolitan Parks and 
Open Spaces Commission. 
(10) One individual, from recommendations by the Governor 
of Minnesota, to represent the 
interests 
of 
commercial 
navigation. 
(11) Four individuals, from recommendations by the Governor 
of Minnesota, to be chosen from the general public. 
(b) TERMS.—(1) Except as provided in paragraphs (2) and (3), 
members (other than ex officio members) shall be appointed for 
terms of three years. 
(2) Of the members first appointed— 
(A) Under paragraph (4) of subsection (a): 
(i) One shall be appointed for a term of one year. 
(ii) One shall be appointed for a term of two years. 
(B) Under paragraphs (7) and (8) of subsection (a), one shall be 
appointed for a term of one year. 
(C) Under paragraph (11) of subsection (a): 
(i) One shall be appointed for a term of one year. 
(ii) One shall be appointed for a term of two years. 
(iii) One shall be appointed for a term of four years. 
(3) Any member appointed to fill a vacancy occurring before the 
expiration of the term for which his predecessor was appointed shall 
be appointed only for the remainder of such term. A member may 
serve after the expiration of his term until his successor has taken 
office. 
(c) COMPENSATION.—Members of the Commission shall serve with-
out pay. While away from their homes or regular places of business 
in the performance of services for the Commission, members of the 
Commission shall be allowed travel expenses, including per diem in 
lieu of subsistence, in the same manner as persons employed inter-
mittently in Government service are allowed expenses under section 
5703 of title 5 of the United States Code. 
(d) CHAIRPERSON.—The Chairperson of the Commission shall be 
appointed by the Secretary from among the members of the 
Commission nominated by the Governor of Minnesota to serve for a 
term of three years. 
(e) QUORUM.—Twelve members of the Commission shall constitute 
a quorum. 
(f) MEETINGS.—The Commission shall meet at the call of the 
Chairman or a majority of its members. 
(g) DEVELOPMENT OF POLICIES AND PROGRAMS.—As a coordinator 
and advisory organization, the Commission shall assist the Sec-
retary, the State of Minnesota and local units of government, 
endeavoring to use existing Federal, State, regional, and local plans 
and programs where consistent with the intent and goals of this 
subtitle, in developing the following: 
(1) Policies and programs for the preservation and enhance-
ment of the environmental values of the Area. 
(2) Policies and programs for enhanced public outdoor recre-
ation opportunities in the Area. 
(3) Policies and programs for the conservation and protection 
of the scenic, historical, cultural, natural and scientific values of 
the Area. 
102 STAT. 4602 
PUBLIC LAW 100-696—NOV. 18, 1988 
(4) Policies and programs for the commercial utilization of the 
Area and its related natural resources, consistent with the 
protection of the values for which the Area is established as the 
Mississippi National River and Recreation Area, 
(h) STAFF.—The Secretary shall provide the Commission with such 
staff and technical assistance as the Secretary, after consultation 
with the Commission, considers appropriate to enable the Commis-
sion to carry out its duties. Upon request of the Secretary, any 
Federal agency may provide information, personnel, property, and 
services on a reimbursable basis, to the Commission to assist in 
carrying out its duties under this subtitle. The Secretary may accept 
the services of personnel detailed from the State of Minnesota or 
any political subdivision of the State and may reimburse the State 
or such political subdivision for such services. The Commission may 
procure temporary and intermittent services under section 3109(b) 
of title 5 of the United States Code. 
(i) PLAN.—Within 3 years after enactment of this Act, the 
Commission shall submit to the Secretary and the Governor of 
Minnesota a comprehensive plan for land and water use measures 
for the area to be developed and implemented by the responsible 
Federal agencies, the State of Minnesota, and local political subdivi-
sions. The plan shall endeavor to use existing Federal, State, re-
gional, and local plans and where consistent with the intent and 
goals of this subtitle shall coordinate those plans to present a unified 
comprehensive plan for the Area. The plan shall include but not be 
limited to each of the following: 
(1) A program for management of existing and future land 
and water use which— 
(A) considers and details the application of a variety of 
land and water protection and management techniques; 
(B) includes a policy statement for the use of Federal, 
State, and local regulatory responsibilities to manage land 
and water resources in a manner consistent with the pur-
poses of this subtitle; and 
(C) recognizes existing economic activities within the area 
and provides for the management of such activities, includ-
ing barge transportation and fleeting and those indigenous 
industries and commercial and residential developments 
which are consistent with the findings and purposes of this 
subtitle. 
(2) A program providing for coordinated implementation and 
administration of the plan with proposed assignment of respon-
sibilities to the appropriate governmental unit at the Federal, 
State, regional and local levels, including each of the following: 
(A) Ways in which local, regional. State, and Federal 
policies and permits may better be coordinated to the goals 
and policies of this subtitle. 
(B) A financial plan to provide and support the public 
improvements and services recommended in the plan; and a 
mechanism for coordinating local, regional, State, and Fed-
eral planning to promote the purposes of this subtitle. 
(C) How the goals and policies of the management plan 
will be compatible with the existing channel maintenance 
program on the Mississippi River, and the existing Federal, 
State, regional, and local programs and goals on the Min-
nesota and Saint Croix Rivers. 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4603 
(D) The provisions of the Clean Water Act and the Safe 
Drinking Water Act (title XIV of the Public Health Service 
Act) which pertain to the surface waters of the Mississippi 
$4 
National River and Recreation Area. 
(3) A coordination and consistency component which details 
the ways in which local, State, and Federal programs and 
policies may best be coordinated to promote the purposes of this 
subtitle. 
(4) A program for the coordination and consolidation, to the 
extent feasible, of permits that may be required by Federal, 
State, and local agencies having jurisdiction over land and 
waters within the Area. 
0') DEVELOPMENT OF PLAN.— 
(1) In developing the plan the Commission shall consult on a 
regular basis with appropriate officials of any local government 
or Federal or State agency which has jurisdiction over lands and 
waters within the Area. 
(2) In developing the plan the Commission shall consult with 
interested conservation, business, professional and citizen 
''•y organizations. 
(3) In developing the plan the Commission shall conduct 
public hearings within the Area, and at such other places as 
^ 
may be appropriate, for the purposes of providing interested 
persons with the opportunity to testify with respect to matters 
to be addressed by the plan, 
(k) APPROVAL OF PLAN.—The Commission shall submit the plan to 
the Secretary and the Governor of Minnesota, for their review. The 
Governor shall act on the plan within 90 days and shall submit the 
plan to the Secretary along with any recommendations. The Sec-
retary shall approve or disapprove the plan within 90 days. In 
reviewing the plan the Secretary shall consider each of the 
following: 
(1) The adequacy of public participation. 
(2) Assurances of plan implementation from State and local 
officials. 
(3) The adequacy of regulatory and financial tools that are in 
place to implement the plan. 
(4) Plan provisions for continuing oversight of the plan im-
plementation by the Secretary and the Governor of Minnesota. 
If the Secretary disapproves the plan, he shall, within 60 days after 
the date of such disapproval advise the Governor and Commission in 
writing of the reasons therefor, together with his recommendations 
for revision. The Commission shall within 90 days of receipt of such 
notice of disapproval revise and resubmit the plan to the Governor 
for his review. Following his review, the Governor shall submit the 
revised plan, together with any recommendations he may have, to 
the Secretary who shall approve or disapprove the revision within 
60 days. 
(1) INTERIM PROGRAM.—Prior to the adoption of the Commission's 
plan, the Secretary and the Commission shall monitor all land and 
water use activities within the Area to ensure that said activities 
are in keeping with the purposes of this subtitle, and shall advise 
and cooperate with the appropriate Federal, State, and local govern-
mental entities to minimize adverse impacts on the values for which 
the Area is established. 
(m) COMMISSION REVIEW.—The Commission shall assist the Sec-
retary and the Governor of Minnesota in reviewing and monitoring 
102 STAT. 4604 
PUBLIC LAW 100-696—NOV. 18, 1988 
the implementation of the plan by Federal, State, and local govern-
mental agencies having jurisdiction in the Area. The Commission 
may, after providing, for public conmient and subject to the review 
and approval, as set forth in subsection (k), modify said plan, if the 
Commission determines that such modification is necessary to fur-
ther the purposes of this subtitle. 
(n) TERMINATION OF COMMISSION.—^The Commission shall termi-
nate on the date 10 years after the enactment of this subtitle. 
Following termination of the Commission the State is authorized to 
establish a State Commission which shall exercise the functions and 
authorities described in subsection (m). The Secretary of the Interior 
and the Secretary of the Army are authorized and directed to 
participate as members of such State Commission. 
FEDERAL LANDS AND DEVELOPMENTS 
16 use 460ZZ-3. 
SBC. 704. (a) LANIXS.—^Notwithstanding any other provision of law, 
any Federal property located within the boundari^ of the Area as 
identified on the map referred to in section 702, is hereby trans-
ferred without consideration to the administrative jurisdiction of 
the Secretary for use by him in implementing the purposes of this 
subtitle, except as follows: 
(1) Faolities and lands administered by the Secretary of the 
Army through the Corps of Engineers for navigational and flood 
control purposes may continue to be used by the Secretary of 
the Army subject to the provisions of subsection 0>). 
(2) Federal property on which there is located any building or 
other structure which is in use (as of the enactment of this 
subtitle) or for which a lease is in effect shall not be transferred 
under this subsection without the concurrence of the admin-
istering agency. 
(b) FEDERAL AGENCY ACTIVITIES.— 
(1) IN GENERAL.—Before any 
department, 
agency, 
or 
instrumentality of the United States issues or approves any 
license or permit for any facility or undertaking within the 
Area and before any such department, agency, or instrumental-
ity commences any undertaMng or provides any Federal assist-
ance to the State or any local governmental jurisdiction for any 
undertaking within the Area, the department, agency, or 
instrumentality shall notify the Secretmy. The Secretary shall 
review the proposed facility or undertsddng to assess its compat-
' 
ibility with the plan approved under section 703. The Secretary 
shall make a determination with respect to the compatibility or 
incompatibility of a proposed facility or undertaking within 60 
days of receiving notice under this subsection. If the Secretary 
determines that the proposed facility or undertaking is 
incompatible with the plan, he shall immediately notify such 
Federal department, agency, or instrumentality and request 
such department, agency, or instrumentality to take the actions 
necessary to conform the proposed facility or undertaking to the 
plan. The Federal department, agency, or instrumentality shall, 
within 60 days after receiving the Secretary's request, notify the 
Secretary of the specific decisions made in response to the 
request. To the extent that such department, agency, or 
instrumentality does not then conform such facility or under-
taking to the request of the Secretary, the Secretary is directed 
to notify the Congress in writing of the incompatibility of such 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4605 
facility or undertaking with the plan approved under section 
703. 
(2) NAVIGATION.—(A) Nothing in this subtitle shall be deemed 
to impact or otherwise affect such existing statutory authority 
as may be vested in the Secretary of the Department in which 
the Coast Guard is operating or the Secretary of the Army for 
the maintenance of navigation aids and navigation improve-
ments: Provided, That in exercising such authority the Sec-
retary of the Army, through the Corps of Engineers and the 
Secretary of the Department in which the Coast Guard is 
operating, shall not take any action that would have a direct 
and adverse effect on the values for which the Area is estab-
lished unless such action is essential for the protection of public 
health or safety or is necessary for national security or defense. 
(B) In planning for the development and public use of the 
Area, the Secretary shall consult with the Secretary of the 
Army to assure that public use of adjacent or related water 
resource developments or flood control projects and that of the 
Area are compatible. 
ADMINISTRATION 
SEC. 705. (a) AUTHORITIES.—The Secretary shall administer the 16 use 460zz-4. 
Area in accordance with this subtitle. Only those lands within the 
Area under the direct jurisdiction of the Secretary shall be adminis-
tered in accordance with the provisions of law generally applicable 
to units of the National Park System. Our lands and waters within 
the Area shall be administered under State and local laws. In the 
case of any conflict between the provisions of this subtitle and such 
generally applicable provisions of law, the provisions of this subtitle 
shall govern. 
O
a
) STATE AND LOCAL AUTHORITIES.—The Secretary shall consult 
and cooperate with the State of Minnesota and its political subdivi-
sions concerning the development and management of Federal lands 
within the Area. 
(c) LAND ACQUISITION.—Within the boundaries of the Area, the 
Secretary is authorized, in consultation with the State of Minnesota 
and the affected local governmental unit, to acquire land and in-
terests therein by donation, purchase with donated or appropriated 
funds, exchange or transfer, except as provided in paragraphs (1) 
and (2). 
(1) Any lands or interests therein owned by the State of Gifts and 
Minnesota or any political subdivision thereof may be acquired 
property. 
: 
only by donation. 
(2) Privately owned lands or interests therein may be ac-
quired only with the consent of the owner thereof unless the 
"^ 
Secretary makes a determination pursuant to subsection (d)(2). 
In no event may the Secretary use the authority provided in 
subsection (d)(3) to acquire land or interests in land without the 
owner's consent for any use exercised prior to January 1, 1987, 
that is consistent with the plan under section 703. 
(d) REVIEW OF LOCAL PLANS.— 
(1) AUTHORITY.—For the purpose of protecting the integrity of 
the Area the Secretary shall cooperate and consult with the 
State and the appropriate political subdivisions to review all 
relevant local plans, laws and ordinances to determine whether 
they substantially conform to the plan approved pursuant to 
102 STAT. 4606 
PUBLIC LAW 100-696—NOV. 18, 1988 
section 703. Additionally the Secretary shall in consultation 
with the State and its political subdivisions determine the 
adequacy of enforcement of such plans, laws, and ordinances, 
including review of building permits and zoning variances 
granted by local governments, and amendments to local laws 
Contracts. 
and ordinances. The Secretary shall enter into agreements with 
State and local 
^he State or its political subdivisions to provide, on behalf of the 
governments. 
Secretary, professional services necessary for the review of such 
local plans, laws, and ordinances, and of amendments thereto 
and variances therefrom, and for the monitoring or the enforce-
ment thereof by local governments having jurisdiction over any 
areas to which the management plan applies. 
(2) PURPOSE.—The purpose of review under paragraph (1) 
shall be to determine the degree to which actions by local 
governments are compatible with the purposes of this title. 
Following the approval of the plan under section 703 and after a 
reasonable period of time has elapsed, upon a finding by the 
Secretary that such plans, laws and ordinances are nonexistent, 
are otherwise not in conformance with the plan or are not being 
enforced in a manner consistent with the plan, and if the 
Secretary detemines that there is no feasible alternative avail-
able to prevent uses which would be substantially incompatible 
with the plan, the Secretary may exercise the authority avail-
able to him under the provisions of paragraph (3). 
(3) ENFORCEMENT.—In those sections of the Area where local 
plans, laws and ordinances, or amendments thereto or variances 
therefrom are found by the Secretary not to be in conformance 
with the plan approved pursuant to section 703, or are not being 
enforced in a manner consistent with the plan, the Secretary 
shall notify the local government authority concerned. The 
Secretary may withhold from the local government authority 
concerned or, require reimbursement of, (A) Federal funds made 
available for implementation of the plan, or (B) any grant under 
section 706(a) if the local plan, law, ordinance, amendment, or 
variance is not modified to conform with the plan and enforced 
in such manner as will carry out the purposes of this subtitle. If 
the State has not initiated, within a 60-day period, such judicial 
or other action as necessary to ensure conformity with the plan, 
and if noncompliance with the plan or failure to enforce the 
plan continues after the end of such 60-day period, the Sec-
retary may acquire, subject to appropriations, land or interests 
in land under this subsection without the consent of the owner 
thereof. Land and interests in land acquired pursuant to this 
subsection shall be restricted to the geographical area of the 
local government unit failing to conform with the plan and 
,f 
shall be limited to those lands clearly and directly required, in 
the judgment of the Secretary, for the protection of the Area in 
a manner compatible with the plan, 
(e) RETENTION BY OWNER OF USE AND OCCUPANCY.—The Secretary 
may permit the owner or owners of any improved residential prop-
erty acquired by the Secretary under this subtitle to retain a right of 
use and occupancy of the property for noncommerical residential 
uses not incompatible with the plan approved under section 703. The 
provisions of subsection (c), (d), and (e) of section 102 of the Act of 
August 15, 1978 (16 U.S.C. 460ii-l) shall apply to the retention oi 
such rights, except that for purposes of this subtitle, the applicable 
date shall be January 1, 1987 in lieu of January 1, 1975 and the 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4607 
purposes of this subtitle shall be substituted for the purposes re-
ferred to in section 102(d) of such Act. 
STATE AND LOCAL ASSISTANCE AND JURISDICTION 
SEC. 706. (a) GRANTS.—Upon approval of the plan under section 
16 use 460zz-5. 
703, the Secretary is authorized to make grants to the State of 
Minnesota, or its political subdivisions, to cover not more than 50 
percent of the cost of acquisition and development within the Area 
of lands and waters or interests therein in a manner consistent with 
the purposes of this subtitle. 
(b) COOPERATIVE AGREEMENTS.—The Secretary is authorized to 
enter into cooperative agreements with the State of Minnesota or 
any political subdivision thereof pursuant to which he may assist in 
the planning for and interpretation of non-Federal publicly owned 
lands within the Area. 
(c) TECHNICAL ASSISTANCE.—To enable the State of Minnesota and 
its political subdivisions to develop and implement programs 
compatible with the plan, the Secretary shall provide such technical 
assistance to the State and its political subdivisions as he deems 
appropriate. 
(d) STATE AND LOCAL JURISDICTION.—Nothing in this subtitle shall 
diminish, enlarge, or modify any right of the State of Minnesota or 
any political subdivision thereof, to exercise civil and criminal 
jurisdiction or to carry out State fish and wildlife laws, rules, and 
r^ulations within the Area, or to tax persons, corporations, fran-
chises, or private property on the lands and waters included in the 
Area. 
AUTHORIZATION OP APPROPRIATIONS 
SEC. 707. There is authorized to be appropriated such sums as may 16 use 460zz-6. 
be necessary to carry out this subtitle. 
Subtitle B—Tri-Rivers Management 
TRI-RTVERS MANAGEMENT BOARD 
SEC. 711. (a) FEDERAL REPRESENTATIVES.—In furtherance of the 16 use 460zz-ii. 
integrated management of those portions of the Mississippi, Saint 
Croix, and Minnesota Rivers within the Saint Paul-Minneapolis 
Metropolitan Area, the Secretary of the Interior and the Secretary 
of the Army are authorized and directed to appoint representatives 
to a Tri-Rivers Management Board (hereinafter referred to as the 
"Board"), or any similar organization, which may be established by 
the State of Minnesota to assist in the development and im-
plementation of consistent and coordinated land use planning and 
management policy for such portions of such rivers. 
(b) PERSONNEL.—Upon request of the Board, the Secretary of the 
Interior and the Secretary of the Army may detail, on a reimburs-
able basis, any personnel to the Board. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is hereby au-
thorized to carry out the purposes of this subtitle the sum of 
$100,000 annually; except that the Federal contribution to the Board 
shall not exceed one-third of the annual operating costs of the 
Board. 
102 STAT. 4608 
PUBLIC LAW 100-696—NOV. 18, 1988 
TITLE VIII—UNITED STATES CAPITOL PRESERVATION 
COMMISSION 
UNITED STATES CAPITOL PRESERVATION COMMISSION 
40 use 188a. 
SEC. 801. (a) EsTABUSHMENT AND PURPOSES.—There is established 
in the Congress the United States Capitol Preservation Commission 
(hereinafter in this title referred to as the "Commission") for the 
purposes of— 
(1) providing for improvements in, preservation of, and ac-
quisitions for, the United States Capitol; 
(2) providing for works of fine art and other property for 
display in the United States Capitol and at other locations 
under the control of the Congress; and 
(3) conducting other activities that directly facilitate, encour-
age, or otherwise support any purposes specified in paragraph 
(Dor (2). 
(b) MEMBERSHIP.—The Commission shall be composed of the fol-
lowing Members of Congress: 
(1) The President pro tempore of the Senate and the Speaker 
of the House of Representatives, who shall be co-chairmen. 
(2) The Chairman and Vice-Chairman of the Joint Committee 
on the Library. 
(3) The Chairman and the ranking minority party member of 
the Committee on Rules and Administration of the Senate, and 
the Chairman and the ranking minority party member of the 
Committee on House Administration of the House of Represent-
atives. 
(4) The majority leader and the minority leader of the Senate. 
(5) The majority leader and the minority leader of the House 
of Representatives. 
(6) The Chairman of the Commission on the Bicentennial of 
the United States Senate and the Chairman of the Commission 
of the House of Representatives Bicentenary, to be succeeded 
upon expiration of such commissions, by a Senator or Member 
of the House of Representatives, as appropriate, appointed by 
the Senate or House of Representatives co-chairman of the 
Commission, respectively. 
(7) One Senator appointed by the President pro tempore of the 
Senate and one Senator appointed by the minority leader of 
the Senate. 
(8) One Member of the House of Representatives appointed by 
the Speaker of the House of Representatives and one Member of 
the House of Representatives appointed by the minority leader 
of the House of Representatives. 
(c) DESIGNEES.—Each member of the Commission specified under 
subsection (b) (other than a member under paragraph (7) or (8) of 
such subsection) may designate a Senator or Member of the House of 
Representatives, as the case may be, to serve as a member of the 
Commission in place of the member so specified. 
(d) ARCHITECT OF THE CAPITOL.—In addition to the members under 
subsection (b), the Architect of the Capitol shall participate in the 
activities of the Commission, ex officio, and without the right to 
vote. 
(e) STAFF SUPPORT AND ASSISTANCE.—The Senate Commission on 
Art, the House of Representatives Fine Arts Board, and the Ar-
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4609 
chitect of the Capitol shall provide to the Commission such staff 
support and assistance as the Commission may request. 
AUTHORITY OF COMMISSION TO ACCEPT GIFTS AND CONDUCT OTHER 
TRANSACTIONS RELATING TO WORKS OF FINE ART AND OTHER PROPERTY 
SEC. 802. (a) IN GENERAL.—In carrying out the purposes referred 
40 USC I88a-l. 
to in section 801(a) the Commission is authorized— 
(1) to accept gifts of works of fine art, gifts of other property, 
and gifts of money; and 
(2) to acquire property, administer property, dispose of prop-
erty, and conduct other transactions related to such purposes. 
O
t
>
) TRANSFER AND DISPOSITION OF WORKS OF FINE ART AND OTHER 
PROPERTY.—The Commission shall, with respect to works of fine art 
and other property received by the Commission— 
(1) upon agreement with the Joint Committee on the Library, 
the Senate Commission on Art, or the House of Representatives 
Fine Arts Board, as the case may be, transfer such property to 
the entity with which the agreement is made; 
(2) if a transfer described in paragraph (1) is not appropriate, 
dispose of the work of fine art by sale or other transaction; and 
(3) in the case of property that is not directly related to the 
purposes referred to in section 801(a), dispose of such property 
by sale or other transaction. 
(c) REQUIREMENTS FOR CONDUCT OF TRANSACTIONS.—In conducting 
transactions under this section, the Commission shall— 
(1) accept money only in the form of a check or similar 
instrument made payable to the Treasury of the United States 
and shall deposit any such check or instrument in accordance 
with section 803; 
(2) in making sales and engaging in other property trans-
actions, take into consideration market conditions and other 
relevant factors; and 
(3) assure that each transaction is directly related to the 
purposes referred to in section 801(a). 
CAPITOL PRESERVATION FUND 
SEC. 803. (a) IN GENERAL.—There is established in the Treasury a 40 USC i88a-2. 
fund, to be known as the "Capitol Preservation Fund" (hereafter in 
this title referred to as the "fund"), which shall consist of (1) 
amounts deposited, and interest and proceeds credited, under 
subsection (d), (2) obligations obtained under subsection (e), and (3) 
all surcharges received by the Secretary of the Treasury from the 
sale of coins minted under the Bicentennial of the United States 
Congress Commemorative Coin Act, 
(b) AVAILABILITY OF FUND.—The fund shall be available to the 
Commission subject to the approval, except for the purchase of fine 
art and antiques, of the Committees on Appropriations of the House 
of Representatives and Senate, respectively— 
(1) for payment of transaction costs and similar expenses 
incurred under section 802; 
(2) for improvement and preservation projects for the United 
States Capitol; 
(3) for disbursement with respect to works of fine art and 
other property as provided in section 802; and 
102 STAT. 4610 
PUBLIC LAW 100-696—NOV. 18, 1988 
(4) for such other pajonents as may be required to carry out 
section 801 or section 802. 
(c) TRANSACTION COSTS AND PROPORTIONALITY.—In carrying out 
this section, the Commission shall, to the extent practicable, take 
such action as may be necessary— 
(1) to minimize disbursements under subsection 0)X1); and 
(2) to equalize disbursements under subsection OJ) between the 
Senate and the House of Representatives, 
(d) DEPOSITS, CREDITS, AND DISBURSEMENTS.—The Commission 
shall deposit in the fund gifts of money and proceeds of transactions 
under section 802. The Secretary of the Treasury shall credit to the 
fund the interest on, and the proceeds from sale or redemption of, 
obligations held in the fund. Disbursements from the fund shall be 
made on vouchers approved by the Commission and signed by the 
co-chairmen. 
(e) INVESTMENTS.—The Secretary of the Treasury shall invest any 
portion of the fund that, as determined by the Commission, is not 
required to meet current withdrawals. Each investment shall be 
made in an interest bearing obligation of the United States or an 
obligation guaranteed as to principal and interest by the United 
States that, as determined by the Commission has a maturity 
suitable for the fund. In carrying out this subsection, the Secretary 
may make such purchases, sales, and redemptions of obligations as 
may be approved by the Commission. 
AUDITS BY THE COMPTROLLER GENERAL 
Reports. 
SEC. 804. The Comptroller General shall conduct annual audits of 
40 use i88a-3. 
the transactions of the Commission and shall report the results of 
each audit to the Congress. 
ADVISORY BOARDS 
40 use l88a-4. 
SEC. 805. The Commission may establish appropriate boards to 
provide advice and assistance to the Commission and to further the 
purposes of the Commission. The boards shall be composed of mem-
bers (including chairmen) who shall be appointed by the Commis-
sion from public and private life and shall serve at the pleasure of 
the Commission and each co-chairman of the Commission may ap-
point one member to any such board. The members of boards under 
this section may be reimbursed for actual and necessary expenses 
incurred in the performance of the duties of the boards, at the 
discretion of the Commission. 
DEFINITION 
40 use l88a-5. 
SEC. 806. As used in this title, the term "Member of the House of 
Representatives" means a Representative in, or a Delegate or Resi-
dent Commissioner to, the Congress. 
TITLE IX—SENATE PROVISIONS 
PROVISIONS RELATING TO THE SENATE COMMISSION ON ART 
SEC. 901. (a) INCORPORATION.—The provisions of Senate Resolution 
382 (Ninetieth Congress; agreed to October 1, 1968) (as amended by 
40 use 188b— 
this section) and Senate Resolution 95 (Ninety-second Congress; 
188b-42, 
40 u s e 188b-5. 
PUBLIC LAW 100-696—NOV. 18, 1988 
102 STAT. 4611 
agreed to April 1, 1971) (as amended by this section) are hereby 
incorporated by reference. 
(b) TECHNICAL CHANGES.—Senate Resolution 382 (Ninetieth Con-
gress; agreed to October 1,1968) is amended— 
(1) in section 1(b) by adding at the end "The Secretary of the 40 USC 188b. 
Senate shall be the Executive Secretary of the Commission"; 
(2) in section 2(a)— 
40 USC I88b-1. 
(A) by striking out "and protect" and inserting in lieu 
thereof "protect, and make known"; and 
(B) by striking out "within the Senate wing of the Cap-
itol", and inserting in lieu thereof "within the Senate wing 
of the United States Capitol, any Senate Office Buildings"; 
and 
(3) in section 1(a), by striking out "Commission on Art and 
Antiquities of the United States Senate" and inserting in lieu 
thereof "Senate Commission on Art". 
(c) NAME CHANGE.—Senate Resolution 95 (Ninety-second Con- 40 use l85b-5. 
gress, agreed to April 1, 1971) is amended by striking out "Commis-
sion on Art and Antiquities of the United States Senate" and 
inserting in lieu thereof "Senate Commission on Art". 
(d) SENATE RULEMAKING POWER.—The provisions of this section 40 use I88b 
are enacted by the Congress— 
note. 
(1) as an exercise of the rulemaking power of the Senate, and 
as such they shall be considered as part of the rules of the 
Senate, and such rules shall supersede other rules only to the 
extent that they are inconsistent therewith; and 
(2) with full recognition of the constitutional right of the 
Senate to change such rules at any time, in the same manner, 
and to the same extent as in the case of any other rule of the 
Senate. 
TITLE X—HOUSE OF REPRESENTATIVES PROVISIONS 
HOUSE OF REPRESENTATIVES FINE ARTS BOARD 
SEC. 1001. (a) ESTABLISHMENT AND AUTHORITY.—There is estab- 40 USC I88c. 
lished in the House of Representatives a Fine Arts Board (hereafter 
in this title referred to as the "Board"), comprised of the House of 
Representatives members of the Joint Committee on the Library 
The chairman of the Committee on House Administration of the 
House of Representatives shall be the chairman of the Board. The 
Board, in consultation with the House office building commission, 
shall have authority over all works of fine art, historical objects, and 
similar property that are the property of the C!ongress and are for 
display or other use in the House of Representatives wing of the 
Capitol, the House of Representatives Office Buildings, or any other 
location under the control of the House of Representatives. 
(b) CLERK OF THE HOUSE OF REPRESENTATIVES.—Under the super-
vision and direction of the Board, the Clerk of the House of 
Representatives shall be responsible for the administration, mainte-
nance, and display of the works of fine art and other property 
referred to in subsection (a). 
(c) ARCHITECT OF THE CAPITOL.—The Architect of the Capitol shall 
provide assistance to the Board and to the Clerk of the House of 
Representatives in the carrying out of their responsibilities under 
this title. 
102 STAT. 4612 
PUBLIC LAW 100-696—NOV. 18, 1988 
ACCEPTANCE OF GIFTS ON BEHALF OF THE HOUSE OF REPRESENTATIVES 
40 use I88e-1. 
SEC. 1002. The Board is authorized to accept, on behalf of the 
House of Representatives, gifts of works of fine art, historical ob-
jects, and similar property, including transfers from the United 
States Capitol Preservation Commission under section 802, for dis-
play or other use in the House of Representatives wing of the 
Capitol, the House of Representatives Office Buildings, or any other 
location under the control of the House of Representatives. 
Approved November 18, 1988. 
LEGISLATIVE HISTORY—S. 2840 (S. 252) (S. 2352) (H.R. 4519): 
HOUSE REPORTS: No. 100-744, Pt. 1, accompanying H.R. 4519 (Comm. on Interior 
and Insular Affairs) and Pt. 2 (Comm. on Veterans' Affairs). 
SENATE REPORTS: No. 100-525 accompanying S. 252 (Comm. on Energy and 
Natural Resources), No. 100-553 accompanying S. 2352 (Comm. 
on Energy and Natural Resources), and No. 100-539 accompa-
nying H.R. 4519 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
July 27, H.R. 4519 considered and passed House. 
Oct. 13, S. 2840 considered and passed Senate. 
Oct. 20, considered and passed House, amended. Senate concurred in House 
amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Nov. 18, Presidential statement. 
o