US (United States) Code. Title 31. Subtitle V: General Assistance Administration. Chapter 69: Payment

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Money and finance. Entitlement land

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-CITE-

31 USC CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND

-HEAD-

CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND

-MISC1-

Sec.

6901. Definitions.

6902. Authority and eligibility.

6903. Payments.

6904. Additional payments.

6905. Redwood National Park and the Lake Tahoe Basin.

6906. Authorization of appropriations.

6907. State legislation requiring reallocation or

redistribution of payments to smaller units of

general purpose government.

AMENDMENTS

1994 - Pub. L. 103-272, Sec. 4(f)(1)(U)(i), July 5, 1994, 108

Stat. 1362, added item 6907.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 sections 460lll-13, 544l,

698u-4; title 25 section 640d-10; title 43 section 1457a.

-End-

-CITE-

31 USC Sec. 6901 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND

-HEAD-

Sec. 6901. Definitions

-STATUTE-

In this chapter -

(1) "entitlement land" means land owned by the United States

Government -

(A) that is in the National Park System or the National

Forest System, including wilderness areas and lands described

in section 2 of the Act of June 22, 1948 (16 U.S.C. 577d), and

section 1 of the Act of June 22, 1956 (16 U.S.C. 577d-1);

(B) the Secretary of the Interior administers through the

Bureau of Land Management;

(C) dedicated to the use of the Government for water resource

development projects;

(D) on which are located semi-active or inactive

installations (except industrial installations) that the

Secretary of the Army keeps for mobilization and for reserve

component training;

(E) that is a dredge disposal area under the jurisdiction of

the Secretary of the Army;

(F) that is located in the vicinity of Purgatory River Canyon

and Pinon Canyon, Colorado, and acquired after December 23,

1981, by the United States Government to expand the Fort Carson

military installation;

(G) that is a reserve area (as defined in section 401(g)(3)

of the Act of June 15, 1935 (16 U.S.C. 715s(g)(3))); or

(H) acquired by the Secretary of the Interior or the

Secretary of Agriculture under section 5 of the Southern Nevada

Public Land Management Act of 1998 that is not otherwise

described in subparagraphs (A) through (G).

(2)(A) "unit of general local government" means -

(i) a county (or parish), township, borough, or city (other

than in Alaska) where the city is independent of any other unit

of general local government, that -

(I) is within the class or classes of such political

subdivision in a State that the Secretary of the Interior, in

his discretion, determines to be the principal provider or

providers of governmental services within the State; and

(II) is a unit of general government, as determined by the

Secretary of the Interior on the basis of the same principles

as were used by the Secretary of Commerce on January 1, 1983,

for general statistical purposes;

(ii) any area in Alaska that is within the boundaries of a

census area used by the Secretary of Commerce in the decennial

census, but that is not included within the boundary of a

governmental entity described under clause (i);

(iii) the District of Columbia;

(iv) the Commonwealth of Puerto Rico;

(v) Guam; and

(vi) the Virgin Islands.

(B) the term "governmental services" includes, but is not

limited to, those services that relate to public safety, the

environment, housing, social services, transportation, and

governmental administration.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1031; Pub. L. 98-63,

title I, Sec. 101(1), July 30, 1983, 97 Stat. 323; Pub. L. 100-446,

title I, Sept. 27, 1988, 102 Stat. 1775; Pub. L. 103-272, Sec.

4(f)(3), July 5, 1994, 108 Stat. 1364; Pub. L. 104-333, div. I,

title X, Sec. 1033(a), Nov. 12, 1996, 110 Stat. 4239; Pub. L.

105-83, title III, Sec. 350, Nov. 14, 1997, 111 Stat. 1607; Pub. L.

105-263, Sec. 5(d), Oct. 19, 1998, 112 Stat. 2348.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6901(1) 31:1606(a)(1)-(3), Oct. 20, 1976, Pub. L. 94-565,

(A)-(F) (5), (b). Sec. 6(a)(1)-(3), (5), (b),

(c), 90 Stat. 2665; Dec. 23,

1981, Pub. L. 97-99, Sec.

912(a)(2), 95 Stat. 1387.

31:1606(a)(4). Oct. 20, 1976, Pub. L. 94-565,

Sec. 6(a)(4), 90 Stat. 2665;

restated Oct. 17, 1978, Pub.

L. 95-469, Sec. 3(1), 92 Stat.

1321; Dec. 23, 1981, Pub. L.

97-99, Sec. 912(a)(1), 95

Stat. 1387.

31:1606(a)(6). Oct. 20, 1976, Pub. L. 94-565,

90 Stat. 2662, Sec. 6(a)(6);

added Dec. 23, 1981, Pub. L.

97-99, Sec. 912(a)(3), 95

Stat. 1387.

6901(1)( 16:715s(h)(1). June 15, 1935, ch. 261, 49

G) Stat. 378, Sec. 401(h)(1);

added Oct. 17, 1978, Pub. L.

95-469, Sec. 1(a)(4), 92 Stat.

1321.

6901(2) 31:1606(c).

--------------------------------------------------------------------

In clause (1), before subclause (A), the text of 31:1606(b) is

omitted as unnecessary because of the restatement of the source

provisions. In subclause (A), the word "and" is substituted for

"within each, or any combination thereof" to eliminate unnecessary

words. The words "but not limited to" are omitted as surplus. In

subclause (D), the words "effective October 1, 1978" are omitted as

executed. The words "Secretary of the Army" are substituted for

"Army" for consistency. In subclause (E), the words "owned by the

United States" are omitted as surplus. The words "Secretary of the

Army" are substituted for "Army Corps of Engineers" because of

10:3012. In subclause (F), the word "Government" is added for

clarity. In subclause (G), the words "In administering sections

1601 to 1607 of title 31" are omitted as unnecessary. The words

"for fiscal years occurring after September 30, 1978" are omitted

as executed. Subclause (G) is substituted for 16:715s(h)(1) because

of the restatement.

In clause (2), before subclause (A), the word "general" is added

for consistency in the title. In subclause (A), the word "parish"

is omitted as unnecessary because of 1:2. The word "city" is

substituted for "municipality" for consistency in the subtitle. The

words "State of" are omitted as surplus. The words "political

subdivision of a State" are substituted for "unit of government

below the State" for consistency. The words "the basis of" are

omitted as surplus. The word "basis" is substituted for "principle"

for consistency in the subtitle. The words "Secretary of Commerce"

are substituted for "Bureau of the Census", and the words "general

purpose political subdivision of a State" are substituted for "unit

of general government", for consistency. In subclause (B), the

words "Such term also includes" are omitted as unnecessary.

Subclause (D) is added because of section 502 of the Covenant to

Establish a Commonwealth of the Northern Mariana Islands in

Political Union with the United States of America.

-REFTEXT-

REFERENCES IN TEXT

Section 5 of the Southern Nevada Public Land Management Act of

1998, referred to in par. (1)(H), is section 5 of Pub. L. 105-263,

Oct. 19, 1998, 112 Stat. 2347, subsec. (d) of which amended this

section. Subsecs. (a) to (c) of section 5, which related to

acquisition of certain environmentally sensitive land, are not

classified to the Code.

-MISC2-

AMENDMENTS

1998 - Par. (1)(H). Pub. L. 105-263 added subpar. (H).

1997 - Par. (2)(A)(i). Pub. L. 105-83 inserted "(other than in

Alaska)" after "borough, or city".

1996 - Par. (2). Pub. L. 104-333 amended par. (2) generally.

Prior to amendment, par. (2) read as follows: " 'unit of general

local government' means:

"(A) a county (or parish), township, borough, or city where the

city is independent of any other unit of general local

government, that: (i) is within the class or classes of such

political subdivisions in a State that the Secretary of the

Interior, in his discretion, determines to be the principal

provider or providers of governmental services within the State;

and (ii) is a unit of general government as determined by the

Secretary of the Interior on the basis of the same principles as

were used on January 1, 1983, by the Secretary of Commerce for

general statistical purposes. The term 'governmental services'

includes, but is not limited to, those services that relate to

public safety, environment, housing, social services,

transportation, and governmental administration;

"(B) the District of Columbia;

"(C) the Commonwealth of Puerto Rico;

"(D) Guam; and

"(E) the Virgin Islands."

1994 - Par. (2)(A). Pub. L. 103-272 amended Pub. L. 100-446. See

1988 Amendment note below.

1988 - Par. (2)(A). Pub. L. 100-446, as amended by Pub. L.

103-272, struck out "existing in Alaska on October 20, 1976" after

"township, borough".

1983 - Par. (2). Pub. L. 98-63 amended par. (2) generally,

substituting in subpar. (A) "a county (or parish), township,

borough existing in Alaska on October 20, 1976, or city where the

city is independent of any other unit of general local government,

that: (i) is within the class or classes of such political

subdivisions in a State that the Secretary of the Interior, in his

discretion, determines to be the principal provider or providers of

governmental services within the State; and (ii) is a unit of

general government as determined by the Secretary of the Interior

on the basis of the same principles as were used on January 1,

1983, by the Secretary of Commerce for general statistical

purposes. The term 'governmental services' includes, but is not

limited to, those services that relate to public safety,

environment, housing, social services, transportation, and

governmental administration" for "a county, city, township, borough

existing in Alaska on October 20, 1976, or other political

subdivision of a State that the Secretary of the Interior, on the

same basis that the Secretary of Commerce uses for general

statistical purposes, decides is a general purpose political

subdivision of a State"; including the District of Columbia in

definition; and excluding the Commonwealth of the Northern Mariana

Islands from definition.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 4(f)(3) of Pub. L. 103-272 provided that the amendment

made by that section is effective Sept. 27, 1988.

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-263, Sec. 1, Oct. 19, 1998, 112 Stat. 2343, provided

that: "This Act [amending this section and section 460ccc-1 of

Title 16, Conservation] may be cited as the 'Southern Nevada Public

Land Management Act of 1998'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-397, Sec. 1, Oct. 22, 1994, 108 Stat. 4156, provided

that: "This Act [amending sections 6902 and 6903 of this title and

enacting provisions set out as notes under sections 6902 and 6903

of this title] may be cited as the 'Payments In Lieu of Taxes

Act'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6902 of this title; title

16 section 698v-3.

-End-

-CITE-

31 USC Sec. 6902 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND

-HEAD-

Sec. 6902. Authority and Eligibility (!1)

-STATUTE-

-STATUTE-

(a)(1) Except as provided in paragraph (2), the Secretary of the

Interior shall make a payment for each fiscal year to each unit of

general local government in which entitlement land is located as

set forth in this chapter. A unit of general local government may

use the payment for any governmental purpose.

(2) For each unit of general local government described in

section 6901(2)(A)(ii), the Secretary of the Interior shall make a

payment for each fiscal year to the State of Alaska for entitlement

land located within such unit as set forth in this chapter. The

State of Alaska shall distribute such payment to home rule cities

and general law cities (as such cities are defined by the State)

located within the boundaries of the unit of general local

government for which the payment was received. Such cities may use

monies received under this paragraph for any governmental purpose.

(b) A unit of general local government may not receive a payment

for land for which payment under this Act (!2) otherwise may be

received if the land was owned or administered by a State or unit

of general local government and was exempt from real estate taxes

when the land was conveyed to the United States except that a unit

of general local government may receive a payment for -

(1) land a State or unit of general local government acquires

from a private party to donate to the United States within 8

years of acquisition;

(2) land acquired by a State through an exchange with the

United States if such land was entitlement land as defined by

this chapter; or

(3) land in Utah acquired by the United States for Federal

land, royalties, or other assets if, at the time of such

acquisition, a unit of general local government was entitled

under applicable State law to receive payments in lieu of taxes

from the State of Utah for such land: Provided, however, That no

payment under this paragraph shall exceed the payment that would

have been made under State law if such land had not been

acquired.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1032; Pub. L. 103-93,

Sec. 10(b), Oct. 1, 1993, 107 Stat. 999; Pub. L. 103-397, Sec. 4,

Oct. 22, 1994, 108 Stat. 4157; Pub. L. 104-333, div. I, title X,

Sec. 1033(b), Nov. 12, 1996, 110 Stat. 4240.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6902(a) 31:1601. Oct. 20, 1976, Pub. L. 94-565,

Secs. 1, 5(a), (b), 90 Stat.

2662, 2665.

6902(b) 31:1605(c). Oct. 20, 1976, Pub. L. 94-565,

90 Stat. 2662, Sec. 5(c);

added Oct. 17, 1978, Pub. L.

95-469, Sec. 3(2), 92 Stat.

1321.

6902(c) 31:1605(a).

6902(d) 31:1605(b).

--------------------------------------------------------------------

In subsection (a), the words "Effective for fiscal years

beginning on and after October 1, 1976" are omitted as executed.

The words "(as defined in section 1606 of this title)" are omitted

because of the restatement. The text of 31:1601(last sentence) is

omitted as unnecessary.

In subsection (b), the word "or" is substituted for "and/or" for

consistency. The words "except that, beginning in fiscal year 1979"

are omitted as executed. The words "of such land" are omitted as

surplus. The word "Federal" is omitted as unnecessary. The words

"and which is or was so donated . . . thereof by the State or unit

of local government" are omitted as surplus.

In subsection (c), the citation in parentheses for the Act of May

24, 1939, is included only for information purposes.

In subsection (d), the words "county or" are omitted as

unnecessary because a county is a unit of general local government

under section 6901 of the revised title.

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-333 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

Secretary of the Interior shall make a payment for each fiscal year

to each unit of general local government in which entitlement land

is located, as set forth in this chapter. A unit of general local

government may use the payment for any governmental purpose."

1994 - Pub. L. 103-397 amended section generally. Prior to

amendment, section read as follows:

"(a) The Secretary of the Interior shall make a payment for each

fiscal year to each unit of general local government in which

entitlement land is located. A unit may use the payment for any

governmental purpose.

"(b) A unit of general local government may not receive a payment

for land for which payment under this chapter otherwise may be

received if the land was owned or administered by a State or unit

and was exempt from real estate taxes when the land was conveyed to

the United States Government. This subsection does not apply to

payments for land a State or unit acquires from a private party to

donate to the Government within 8 years of acquisition, nor does

this subsection apply to payments for lands in Utah acquired by the

United States if at the time of such acquisition units, under

applicable State law, were entitled to receive payments from the

State for such lands, but in such case no payment under this

chapter with respect to such acquired lands shall exceed the

payment that would have been made under State law if such lands had

not been acquired.

"(c) A unit of general local government receiving payment for a

fiscal year for land under the Act of August 28, 1937 (43 U.S.C.

1181a et seq.), or the Act of May 24, 1939 (ch. 144, 53 Stat. 753),

may not receive a payment under this chapter for the land for that

fiscal year. This chapter does not apply to either Act.

"(d) If the total payment to a unit of general local government

for a fiscal year would be less than $100, the Secretary may not

make the payment."

1993 - Subsec. (b). Pub. L. 103-93 substituted "acquisition, nor

does this subsection apply to payments for lands in Utah acquired

by the United States if at the time of such acquisition units,

under applicable State law, were entitled to receive payments from

the State for such lands, but in such case no payment under this

chapter with respect to such acquired lands shall exceed the

payment that would have been made under State law if such lands had

not been acquired" for "acquisition".

EFFECTIVE DATE OF 1994 AMENDMENT

Section 5(a) of Pub. L. 103-397 provided that:

"(1) In general. - Except as provided in paragraph (2), this Act

[amending this section and section 6903 of this title and enacting

provisions set out as notes under sections 6901 and 6903 of this

title] and the amendments made by this Act shall become effective

on October 1, 1994.

"(2) Limitation. - The amendment made by section 2(b)(2)

[amending section 6903 of this title] shall become effective on

October 1, 1998."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6903, 6904 of this title;

title 16 sections 546a, 698v-3.

-FOOTNOTE-

(!1) So in original. Probably should not be capitalized.

(!2) So in original. Probably should be "this chapter".

-End-

-CITE-

31 USC Sec. 6903 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND

-HEAD-

Sec. 6903. Payments

-STATUTE-

(a) In this section -

(1) "payment law" means -

(A) the Act of June 20, 1910 (ch. 310, 36 Stat. 557);

(B) section 33 of the Bankhead-Jones Farm Tenant Act (7

U.S.C. 1012);

(C) the Act of May 23, 1908 (16 U.S.C. 500) or the Secure

Rural Schools and Community Self-Determination Act of 2000;

(D) section 5 of the Act of June 22, 1948 (16 U.S.C. 577g,

577g-1);

(E) section 401(c)(2) of the Act of June 15, 1935 (16 U.S.C.

715s(c)(2));

(F) section 17 of the Federal Power Act (16 U.S.C. 810);

(G) section 35 of the Act of February 25, 1920 (30 U.S.C.

191);

(H) section 6 of the Mineral Leasing Act for Acquired Lands

(30 U.S.C. 355);

(I) section 3 of the Act of July 31, 1947 (30 U.S.C. 603);

and

(J) section 10 of the Act of June 28, 1934 (known as the

Taylor Grazing Act) (43 U.S.C. 315i).

(2) population shall be determined on the same basis that the

Secretary of Commerce determines resident population for general

statistical purposes.

(3) a unit of general local government may not be credited with

a population of more than 50,000.

(b)(1) A payment under section 6902 of this title is equal to the

greater of -

(A) 93 cents during fiscal year 1995, $1.11 during fiscal year

1996, $1.29 during fiscal year 1997, $1.47 during fiscal year

1998, and $1.65 during fiscal year 1999 and thereafter, for each

acre of entitlement land located within a unit of general local

government (but not more than the limitation determined under

subsection (c) of this section) reduced (but not below 0) by

amounts the unit received in the prior fiscal year under a

payment law; or

(B) 12 cents during fiscal year 1995, 15 cents during fiscal

year 1996, 17 cents during fiscal year 1997, 20 cents during

fiscal year 1998, and 22 cents during fiscal year 1999 and

thereafter, for each acre of entitlement land located in the unit

(but not more than the limitation determined under subsection (c)

of this section).

(2) The chief executive officer of a State shall submit to the

Secretary of the Interior a statement on the amounts of payments

the State transfers to each unit of general local government in the

State out of amounts received under a payment law.

(c)(1) The limitation for a unit of general local government with

a population of not more than 4,999 is the highest dollar amount

specified in paragraph (2).

(2) The limitation for a unit of general local government with a

population of at least 5,000 is the following amount (rounding the

population off to the nearest thousand):

the limitation

is equal to the

population

If population equals - times -

5,000 $110.00

6,000 103.00

7,000 97.00

8,000 90.00

9,000 84.00

10,000 77.00

11,000 75.00

12,000 73.00

13,000 70.00

14,000 68.00

15,000 66.00

16,000 65.00

17,000 64.00

18,000 63.00

19,000 62.00

20,000 61.00

21,000 60.00

22,000 59.00

23,000 59.00

24,000 58.00

25,000 57.00

26,000 56.00

27,000 56.00

28,000 56.00

29,000 55.00

30,000 55.00

31,000 54.00

32,000 54.00

33,000 53.00

34,000 53.00

35,000 52.00

36,000 52.00

37,000 51.00

38,000 51.00

39,000 50.00

40,000 50.00

41,000 49.00

42,000 48.00

43,000 48.00

44,000 47.00

45,000 47.00

46,000 46.00

47,000 46.00

48,000 45.00

49,000 45.00

50,000 44.00.

(d) On October 1 of each year after the date of enactment of the

Payment in Lieu of Taxes Act, the Secretary of the Interior shall

adjust each dollar amount specified in subsections (b) and (c) to

reflect changes in the Consumer Price Index published by the Bureau

of Labor Statistics of the Department of Labor, for the 12 months

ending the preceding June 30.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1032; Pub. L. 98-63,

title I, Sec. 101(2), July 30, 1983, 97 Stat. 324; Pub. L. 103-397,

Secs. 2, 3, 5(b), Oct. 22, 1994, 108 Stat. 4156-4158; Pub. L.

106-393, Sec. 4, Oct. 30, 2000, 114 Stat. 1610.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6903(a)( 16:715s(h)(2). June 15, 1935, ch. 261, 49

1) Stat. 378, Sec. 401(h)(2);

added Oct. 17, 1978, Pub. L.

95-469, Sec. 1(a)(4), 92 Stat.

1321.

31:1604. Oct. 20, 1976, Pub. L. 94-565,

Secs. 2, 4, 90 Stat. 2662,

2664.

6903(a)( 31:1602(c).

2)

6903(a)( 31:1602(b)(2)(last

3) sentence).

6903(a)( 31:1602(d).

4)

6903(b)( 31:1602(a)(1st

1) sentence).

6903(b)( 31:1602(a)(last

2) sentence).

6903(c) 31:1602(b)(1),

(2)(1st sentence).

--------------------------------------------------------------------

In subsection (a)(1), before subclause (A), the word "payment" is

added for clarity. Subclause (E) is substituted for 16:715s(h)(2)

because of the restatement. In clause (2), the words "Secretary of

Commerce" are substituted for "Bureau of the Census" for

consistency. In clause (4), the words "the jurisdiction of" are

omitted as surplus. The word "deemed" is substituted for "treated"

for consistency.

In subsections (b) and (c), the word "population" before

"limitation" is omitted as unnecessary.

In subsection (b)(1), before clause (A), the words "The amount of

. . . made for any fiscal year to a unit of local government . . .

the following amounts" are omitted as surplus. In clauses (A) and

(B), the words "the boundaries of" are omitted as surplus. In

clause (A), the words "aggregate . . . of payments, if any" are

omitted as surplus. The words "a payment law" are substituted for

"all of the provisions specified in section 1604 of this title"

because of the restatement.

In subsection (b)(2), the words "chief executive officer" are

substituted for "Governor (or his delegate)" for consistency in the

revised title and with other titles of the United States Code. The

words "a payment law" are substituted for "a provision specified in

section 1604 of this title" because of the restatement of 31:1604

in subsection (a).

In subsection (c)(1), the words "amount equal to" and "within the

jurisdiction of such unit of local government" are omitted as

surplus.

In subsection (c)(2), the words "computed under the . . . table"

are omitted as unnecessary. The words "the limitation is equal to

the population times" are substituted for "Payment shall not exceed

the amount computed by multiplying such population by" for clarity

and consistency.

-REFTEXT-

REFERENCES IN TEXT

Act of June 20, 1910 (ch. 310, 36 Stat. 557), referred to in

subsec. (a)(1)(A), is not classified to the Code.

The Secure Rural Schools and Community Self-Determination Act of

2000, referred to in subsec. (a)(1)(C), is Pub. L. 106-393, Oct.

30, 2000, 114 Stat. 1607. For complete classification of this Act

to the Code, see Short Title of 2000 Amendment note set out under

section 500 of Title 16, Conservation, and Tables.

The date of enactment of the Payment in Lieu of Taxes Act,

referred to in subsec. (d), probably means the date of enactment of

the Payments In Lieu of Taxes Act, Pub. L. 103-397, which was

approved Oct. 22, 1994.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(1)(C). Pub. L. 106-393 inserted "or the Secure

Rural Schools and Community Self-Determination Act of 2000" before

semicolon at end.

1994 - Subsec. (b)(1)(A). Pub. L. 103-397, Sec. 2(a)(1),

substituted "93 cents during fiscal year 1995, $1.11 during fiscal

year 1996, $1.29 during fiscal year 1997, $1.47 during fiscal year

1998, and $1.65 during fiscal year 1999 and thereafter, for each

acre of entitlement land" for "75 cents for each acre of

entitlement land".

Subsec. (b)(1)(B). Pub. L. 103-397, Sec. 2(a)(2), substituted "12

cents during fiscal year 1995, 15 cents during fiscal year 1996, 17

cents during fiscal year 1997, 20 cents during fiscal year 1998,

and 22 cents during fiscal year 1999 and thereafter, for each acre

of entitlement land" for "10 cents for each acre of entitlement

land".

Subsec. (c)(1). Pub. L. 103-397, Sec. 2(b)(1), substituted "the

highest dollar amount specified in paragraph (2)" for "$50 times

the population".

Subsec. (c)(2). Pub. L. 103-397, Sec. 2(b)(2), amended table

generally by augmenting dollar amounts by which population totals

must be multiplied in order to equal the limitation from $39.25 to

$98.00 under prior table to $44.00 to $110.00.

Pub. L. 103-397, Sec. 5(b)(4), amended table generally for fiscal

year 1998 by augmenting dollar amounts by which population totals

must be multiplied in order to equal the limitation from $34.50 to

$86.00 under prior table to $39.25 to $98.00.

Pub. L. 103-397, Sec. 5(b)(3), amended table generally for fiscal

year 1997 by augmenting dollar amounts by which population totals

must be multiplied in order to equal the limitation from $29.50 to

$74.00 under prior table to $34.50 to $86.00.

Pub. L. 103-397, Sec. 5(b)(2), amended table generally for fiscal

year 1996 by augmenting dollar amounts by which population totals

must be multiplied in order to equal the limitation from $24.75 to

$62.00 under prior table to $29.50 to $74.00.

Pub. L. 103-397, Sec. 5(b)(1), amended table generally for fiscal

year 1995 by augmenting dollar amounts by which population totals

must be multiplied in order to equal the limitation from $20.00 to

$50.00 under prior table to $24.75 to $62.00.

Subsec. (d). Pub. L. 103-397, Sec. 3, added subsec. (d).

1983 - Subsec. (a)(4). Pub. L. 98-63 struck out par. (4) which

provided that if any part of a small unit was located within

another unit, entitlement land within both units was deemed to be

located within the smaller unit.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by sections 2(a), (b)(1), and 3 of Pub. L. 103-397

effective Oct. 1, 1994, and amendment by section 2(b)(2) of Pub. L.

103-397 effective Oct. 1, 1998, see section 5(a) of Pub. L.

103-397, set out as a note under section 6902 of this title.

Section 5(b)(1) of Pub. L. 103-397 provided for the amendment of

the table at the end of subsec. (c)(2) of this section during

fiscal year 1995.

Section 5(b)(2) of Pub. L. 103-397 provided for the amendment of

the table at the end of subsec. (c)(2) of this section during

fiscal year 1996.

Section 5(b)(3) of Pub. L. 103-397 provided for the amendment of

the table at the end of subsec. (c)(2) of this section during

fiscal year 1997.

Section 5(b)(4) of Pub. L. 103-397 provided for the amendment of

the table at the end of subsec. (c)(2) of this section during

fiscal year 1998.

PAYMENTS MADE PRIOR TO JANUARY 1, 1983

Section 101(3) of Pub. L. 98-63 provided in part that: "The

United States shall not be subject to any cause of action or any

liability for distribution of payments made prior to January 1,

1983, under the Act of October 20, 1976 (90 Stat. 2662), as amended

[Pub. L. 94-565, see 31 U.S.C. 6901 et seq.], or regulations

pursuant thereto."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6905 of this title; title

16 section 698v-3.

-End-

-CITE-

31 USC Sec. 6904 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND

-HEAD-

Sec. 6904. Additional payments

-STATUTE-

(a) In addition to payments the Secretary of the Interior makes

under section 6902 of this title, the Secretary shall make a

payment for each fiscal year to a unit of general local government

collecting and distributing real property taxes (including a unit

in Alaska outside the boundaries of an organized borough) in which

is located an interest in land that -

(1) the United States Government acquires for -

(A) the National Park System; or

(B) the National Forest Wilderness Areas; and

(2) was subject to local real property taxes within the 5-year

period before the interest is acquired.

(b) The Secretary shall make payments only for the 5 fiscal years

after the fiscal year in which the interest in land is acquired.

Under guidelines the Secretary prescribes, the unit of general

local government receiving the payment from the Secretary shall

distribute payments proportionally to units and school districts

that lost real property taxes because of the acquisition of the

interest. A unit receiving a distribution may use a payment for any

governmental purpose.

(c) Each yearly payment by the Secretary under this section is

equal to one percent of the fair market value of the interest in

land on the date the Government acquires the interest. However, a

payment may not be more than the amount of real property taxes

levied on the property during the last fiscal year before the

fiscal year in which the interest is acquired. A decision on fair

market value under this section may not include an increase in the

value of an interest because the land is rezoned when the rezoning

causes the increase after the date of enactment of a law

authorizing the acquisition of an interest under subsection (a) of

this section.

(d) The Secretary may prescribe regulations under which payments

may be made to units of general local government when subsections

(a) and (b) of this section will not carry out the purpose of

subsections (a) and (b).

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1033.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6904(a) 31:1603(a)(1st, 3d Oct. 20, 1976, Pub. L. 94-565,

sentences). Sec. 3(a)-(d), 90 Stat. 2663.

31:1603(e). Oct. 20, 1976, Pub. L. 94-565,

90 Stat. 2662, Sec. 3(e);

added Oct. 17, 1978, Pub. L.

95-469, Sec. 3(3), 92 Stat.

1322.

6904(b) 31:1603(a)(2d

sentence), (b), (d).

6904(c) 31:1603(c).

6904(d) 31:1603(a)(last

sentence).

--------------------------------------------------------------------

In the section, the words "land or" are omitted as being included

in "interest in land".

In subsection (a), before clause (1), the words "the Secretary of

the Interior makes" are added for clarity. The words "unit of

general local government collecting and distributing real property

taxes (including a unit in Alaska outside the boundaries of an

organized borough)" are substituted for "county" and 31:1603(a)(3d

sentence) and (e) to eliminate unnecessary words. The words "the

jurisdiction of" are omitted as surplus. In subclause (A), the

words "for the Redwood National Park pursuant to subchapter VII of

chapter 1 of title 16" are omitted as executed because the Redwood

National Park is now part of the National Park System.

In subsection (b), the words "The Secretary shall make payments

only for the 5 fiscal years after the fiscal year in which the

interest in land is acquired" are substituted for 31:1603(b)(1st

sentence) and (d) to eliminate unnecessary words. The words

"affected" and "for addition to either such systems" are omitted as

surplus. The words "receiving a distribution" are added for

clarity.

In subsection (c), the words "The amount of . . . made . . .

fiscal . . . to any unit of local government and affected school

districts" are omitted as surplus. The words "by the Secretary" are

added for clarity. The words "made for any fiscal year to a unit of

local government under subsection (a) of this section", "assessed

and", "full", and "for addition to the National Park System or

National Forest Wilderness Areas" are omitted as surplus.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6905 of this title; title

16 sections 79o, 460aaa-2, 698u-4, 698v-3; title 43 section 1457a.

-End-

-CITE-

31 USC Sec. 6905 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND

-HEAD-

Sec. 6905. Redwood National Park and the Lake Tahoe Basin

-STATUTE-

(a) The Secretary of the Interior shall make a payment for each

fiscal year to each unit of general local government in which an

interest in land owned by the United States Government in the

Redwood National Park is located. A unit may use the payment for

any governmental purpose. The payment shall be made as provided in

section 6903 of this title and shall include an amount payable

under section 6903.

(b)(1) In addition to payments the Secretary makes under

subsection (a) of this section, the Secretary shall make a payment

for each fiscal year to each unit of general local government in

which is located an interest in land -

(A) owned by the Government in the Redwood National Park; or

(B) acquired in the Lake Tahoe Basin under the Act of December

23, 1980 (Public Law 96-586, 94 Stat. 3383).

(2) The payment shall be made as provided in section 6904 of this

title and shall include an amount payable under section 6904.

However, an amount computed but not paid because of the first

sentence of subsection (b) and the 2d sentence of subsection (c) of

section 6904 shall be carried forward and applied to future years

in which the payment would not otherwise equal the amount of real

property taxes assessed and levied on the land during the last

fiscal year before the fiscal year in which the interest was

acquired until the amount is applied completely.

(3) The unit of general local government may use the payment for

any governmental purpose.

(4) The Redwoods Community College District is a school district

under section 6904(b) of this title.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1034.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6905(a) 16:79o(a), (b). Mar. 27, 1978, Pub. L. 95-250,

Sec. 106, 92 Stat. 171.

6905(b)( (uncodified). Dec. 23, 1980, Pub. L. 96-586,

1)- (3) Sec. 2(i), 94 Stat. 3383.

16:79o(c).

6905(b)( 16:79o(d).

4)

--------------------------------------------------------------------

In subsection (a), the words "Notwithstanding any contrary

provision of sections 1601 to 1607 of title 31" are omitted as

unnecessary because of the restatement. The word "general" is added

for consistency in the revised title and with other titles of the

United States Code. The words "an interest in" are added for

consistency because of the source provisions restated in the

revised section. The word "Government" is added for consistency in

the revised title and with other titles of the Code. The text of

16:79o(a)(last sentence) is omitted as unnecessary.

In subsection (b)(1)-(3), the source provisions are combined for

clarity and because of the restatement.

In subsection (b)(2), the words "portion of the total", "full",

and "land or" are omitted as surplus. The words "for addition to

Redwood National Park" are omitted as unnecessary because of the

restatement.

In subsection (b)(4), the word "affected" is omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The provisions of Act of December 23, 1980 (Public Law 96-586, 94

Stat. 3383) which relate to the acquisition of the Lake Tahoe

Basin, referred to in subsec. (b)(1)(B), are not classified to the

Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 471j.

-End-

-CITE-

31 USC Sec. 6906 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND

-HEAD-

Sec. 6906. Authorization of appropriations

-STATUTE-

Necessary amounts may be appropriated to the Secretary of the

Interior to carry out this chapter. Amounts are available only as

provided in appropriation laws.

-SOURCE-

(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1035.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

6906 31:1607. Oct. 20, 1976, Pub. L. 94-565,

Sec. 7, 90 Stat. 2665.

--------------------------------------------------------------------

The words "to the Secretary of the Interior" are added for

clarity. The words "Provided, That, notwithstanding any other

provision of this chapter" and "in advance" are omitted as

unnecessary.

-End-

-CITE-

31 USC Sec. 6907 01/06/03

-EXPCITE-

TITLE 31 - MONEY AND FINANCE

SUBTITLE V - GENERAL ASSISTANCE ADMINISTRATION

CHAPTER 69 - PAYMENT FOR ENTITLEMENT LAND

-HEAD-

Sec. 6907. State legislation requiring reallocation or

redistribution of payments to smaller units of general purpose

government

-STATUTE-

(a) Notwithstanding any other provision of this chapter, a State

may enact legislation which requires that any payments which would

be made to units of general local government pursuant to this

chapter be reallocated and redistributed in whole or part to other

smaller units of general purpose government which (1) are located

within the boundaries of the larger unit of general local

government, (2) provide general governmental services and (3)

contain entitlement lands within their boundaries. Such

reallocation or redistribution shall generally reflect the level of

services provided by, and the number of entitlement acres within,

the smaller unit of general local government.

(b) Upon enactment of legislation by a State, described in

subsection (a), the Secretary shall make one payment to such State

equaling the aggregate amount of payments which he otherwise would

have made to units of general local government within such State

pursuant to this chapter. It shall be the responsibility of such

State to make any further distribution of the payment pursuant to

subsection (a). Such redistribution shall be made within 30 days

after receipt of such payment. No payment, or portion thereof, made

by the Secretary shall be used by any State for the administration

of this subsection or subsection (a).

(c) Appropriations made for payments in lieu of taxes for a

fiscal year may be used to correct underpayments in the previous

fiscal year to achieve equity among all qualified recipients.

-SOURCE-

(Added Pub. L. 98-63, title I, Sec. 101(4), July 30, 1983, 97 Stat.

324; amended Pub. L. 103-272, Sec. 4(f)(1)(U)(ii), July 5, 1994,

108 Stat. 1362.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-272 inserted section catchline.

-End-