Summary: H.R.4519 — 100th Congress (1987-1988)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Indefinitely postponed in Senate (10/19/1988)

(Measure indefinitely postponed in Senate)

Arizona-Florida Land Exchange Act of 1988 - Title I - Authorizes the Secretary of the Interior to dispose of the real property used for the Phoenix Indian High School in Phoenix, Arizona.

Ratifies the Agreement Among the United States, Collier Enterprises, Collier Development Corporation, and the Barron Collier Company under which the United States agrees to exchange such property for certain lands in Florida located in the Florida Panther National Wildlife Refuge owned by Collier and specified monetary proceeds.

Requires the Secretary, if such Federal property is conveyed, to convey 20 acres of such property to the city of Phoenix to provide for public open space and recreation, to transfer jurisdiction and control of 11.5 acres of such property to the Veterans Administration (VA) for expansion of a VA hospital, and to transfer jurisidiction and control of 4.5 acres of such property to the VA for conveyance to, and use by, the State of Arizona as a site for a veterans home. Provides that such property conveyed to Phoenix and Arizona shall revert to the United States if not used for the prescribed purposes.

Requires the Administrator of Veterans Affairs to: (1) cooperate with the city of Phoenix in the planning and development of the property conveyed to the VA for expansion of the VA hospital; and (2) transmit to specified congressional committees semiannually a report describing the VA's efforts in carrying out such cooperative planning.

Directs the Administrator: (1) to convey the parcel of 4.5 acres, without reimbursement, to the State of Arizona when the Administrator has approved the State of Arizona's application for assistance in construction of a State veterans' facility on such parcel and the State has appropriated sufficient funds to pay for its portion of the costs of construction of such facility; and (2) to transfer jurisdiction and control of such parcel to the Secretary if the State does not submit such an application for assistance and appropriate such funds within three years after such parcel is transferred to the VA. Directs the Secretary to offer such property for sale to the city of Phoenix or another purchaser.

Directs the Secretary to enter into a memorandum of understanding with the Administrator for the temporary use by the Administrator of the gymnasium constructed on the school property in 1975.

Requires Collier to provide 135 days' advance notice of its intention to accept the offer of the United States under the exchange agreement to the Secretary, the Mayor of Phoenix, the Administrator of Veterans Affairs, the InterTribal Council of Arizona (ITCA), the governing body of the Navajo Tribe, and the Governor of Arizona. Prohibits Collier from providing such notice prior to the later of one year after the enactment of this Act or the submission of a specific plan for the Phoenix exchange property.

Requires the Secretary, not later than 30 days after receiving such notice from Collier, to publish notice that the Secretary will consider offers by persons other than Collier for the school property. Requires any such offer to provide for: (1) a single cash payment of a minimum acceptable price; (2) an agreement to make annual payments into the Arizona InterTribal Trust Fund or the Navajo Trust Fund; and (3) an offer to enter into a planning and development agreement with the city of Phoenix. Provides that: (1) if no qualifying offer is received, Collier may accept the U.S. offer under the exchange agreement; (2) if a qualifying offer is received, Collier will be allowed to match that offer; and (3) if Collier declines to match the best qualifying offer, the Secretary shall accept such offer.

Provides for the management of school property which is not conveyed or which reverts to the United States under this Act.

Requires the U.S. Comptroller General to report to the Congress and specified House and Senate committees on: (1) a specific plan as it relates to final zoning proposals of the Phoenix exchange property; and (2) the actions taken subsequent to the submission of such plan relative to the disposition of such property, the value received by the United States, and the process by which such value was determined.

Provided for the deposit of the monetary proceeds from the school property into the Arizona InterTribal Trust Fund and the Navajo Trust Fund. Allows the Secretary to elect to receive such proceeds in a lump-sum payment or in 30 annual payments.

Title II - Requires the Secretary to close the Phoenix Indian High School between June 1, 1991, and September 1, 1991. Requires the Secretary to notify the tribal governing body of each affected Arizona tribe and each student, or parent or guardian of each student, enrolled at the school by January 30, 1991.

Directs the Secretary, between January 30, 1991, and March 1, 1991, to: (1) identify each eligible Indian student enrolled or preenrolled for attendance at the school who did not graduate from a secondary program; (2) inform each student of the closing date and the alternatives available to each student and their families, including attendance at the Bureau of Indian Affairs facility at Riverside, California; and (3) develop individual education plans for such students. Requires such plans to include: (1) an identification of the special needs of each student and the alternative service provider chosen by the student or parent to provide educational services; (2) any actions taken to contact and coordinate such provider, the tribe, Bureau social service entities, and the Office of Indian Education Program; and (3) any actions to be taken by the Bureau to provide additional support to students who attend programs which do not include the services of the education plans.

Directs the Secretary to reserve specified amounts from funds appropriated for the support of Phoenix Indian High School to finance such plans through FY 1993. Requires the area education director and area director to implement such plans and conduct activities to determine those eligible Indian students who reside within Arizona and are of legal age to be attending school but are not enrolled in a program.

Directs the Secretary to transfer administrative jurisdiction of the school property from the BIA Bureau to the National Park Service within 60 days after the closure of the school. Authorizes the National Park Service to manage and control the property consistent with the requirements of the exchange agreement, although the school property will not be considered a unit of the National Park System.

Expands the attendance boundaries used by the Bureau to govern placements in the Sherman Indian School in Riverside, California, to include such boundary served in FY 1991 by the Phoenix Indian High School. Authorizes the superintendent of the Sherman Indian School to pay the recruitment and retention allowance authorized under the Education Amendments of 1978. Requires the Secretary to inventory all property located at the Phoenix Indian High School. Provides that the superintendent of the Sherman Indian School shall have first option on the property and requires the Secretary to move such property to such school. States that the personnel ceiling at such school shall be adjusted to reflect employees who transfer from the Phoenix Indian High School and any increase in the student population projected by the closure. Provides that the two schools shall be considered as one employment area for purposes of conducting the reduction in force and that outplacement job assistance will be available to employees who do not transfer to the Sherman Indian School.

Provides for the establishment of the Arizona InterTribal Trust Fund and the Navajo Trust Fund. Specifies that each fund shall consist of the portion of the monetary proceeds from the school property allocable to the fund.

Requires the Secretary of the Treasury to: (1) invest any lump-sum payments into the trust fund in interest-bearing securities and deposits; or (2) hold the security provided by the purchaser in trust if payment into the trust funds is made in the form of annual payments. Authorizes the Secretary of the Treasury, at the direction of the Secretary of the Interior, to invest any portion of the trust income not used.

Declares that the purpose of the trust funds is to supplement Federal efforts. Prohibits the Secretary from changing any distribution of funds to which any Indian tribe or students covered by this title may be entitled. Expresses the intention of the Congress that in determining the amount of any funds to provide services to such tribes or students, there shall be no amendment within future congressional action occasioned by such funds.

Limits use of the trust income to supplemental educational and child-welfare programs, activities, and services and the design, construction, improvement, and repair of related facilities. Authorizes the Secretary, pursuant to appropriations and with the approval of the governing body of the affected tribe, to make grants from the trust funds to public school districts on or near the reservations. Directs the Secretary to make annual payments in an amount equal to five percent of the appropriate trust income to the ITCA and the governing body of the Navajo tribe. Limits the use of such income to education, child welfare, community development, and general administrative purposes. Prohibits the use of any part of the trust income for scholarship grants for higher education.

Provides for the allocation of the monetary proceeds from school property into the trust funds, with 95 percent of the payment to be deposited into the Arizona Intertribal Trust Fund, and five percent to be deposited into the Navajo Trust Fund.