[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2626 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2626
To amend chapter 69 of title 31, United States Code, to expand the
payment in lieu of taxes program to include payments for secure rural
schools, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 17, 2014
Mr. Walsh introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To amend chapter 69 of title 31, United States Code, to expand the
payment in lieu of taxes program to include payments for secure rural
schools, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Share Act of 2014''.
SEC. 2. DEFINITIONS.
Section 6901(1) of title 31, United States Code, is amended--
(1) in subparagraph (G), by striking ``or'' at the end;
(2) in subparagraph (H), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(I) that was purchased for addition to the
National Wildlife Refuge System.''.
SEC. 3. AUTHORITY AND ELIGIBILITY.
Section 6902(a) of title 31, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``(a)(1) Except'' and inserting the
following:
``(a) Payments to Units of General Local Government.--
``(1) Payments.--
``(A) In general.--Except''; and
(B) in the second sentence, by striking ``A unit''
and inserting the following:
``(B) Use.--Except as provided in paragraph (3), a
unit''; and
(2) by adding at the end the following:
``(3) Use of funds.--
``(A) Secure rural schools allocation.--If a unit
of general local government received a payment under
the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7101 et seq.) for
fiscal year 2013 and elects not to receive a payment
under section 6903(e)(4) for a fiscal year, of the
payments made to the unit of general local government
pursuant to this chapter, the unit of general local
government shall use the amount calculated under
subparagraph (B) for the applicable fiscal year--
``(i) in accordance with the requirements
of section 102(c)(1) of the Secure Rural
Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7112(c)(1)); and
``(ii) in a manner that ensures that each
payment provided to the unit of general local
government under this chapter is allocated
among each eligible program of the unit of
general local government for the fiscal year
based on the proportion required under
applicable State law for fiscal year 2013,
consistent with section 6908.
``(B) Amount.--The amount referred to in
subparagraph (A) is the product obtained by
multiplying--
``(i) the amounts provided under this
chapter for the unit of general local
government for the applicable fiscal year; by
``(ii) the proportion that--
``(I) the amount of payments
received by the unit of general local
government under title I of the Secure
Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C.
7111 et seq.) for fiscal year 2013;
bears to
``(II) the sum of--
``(aa) the amount received
by the unit of general local
government for fiscal year 2013
under this chapter;
``(bb) 95 percent of the
amount received by the unit of
general local government for
fiscal year 2013 under the
Secure Rural Schools and
Community Self-Determination
Act of 2000 (16 U.S.C. 1701 et
seq.); and
``(cc) the amount
authorized to be received by
the unit of general local
government for fiscal year 2013
under section 401(c)(2) of the
Act of June 15, 1935 (commonly
known as the `Refuge Revenue
Sharing Act') (16 U.S.C.
715s(c)(2)).
``(C) State law.--
``(i) Effect.--Nothing in this chapter
prevents a State from enacting a law that
changes the allocation of payments among each
eligible program of units of general local
government pursuant to this chapter under
subparagraph (A)(ii).
``(ii) Applicability.--If a State enacts a
law that modifies the allocation of payments
among each eligible program of units of general
local government pursuant to this chapter under
subparagraph (A)(ii), the allocation modified
by the State law shall apply the following
fiscal year for the State.''.
SEC. 4. PAYMENTS.
Section 6903 of title 31, United States Code, is amended--
(1) in subsection (b)(1), by striking ``(but not more than
the limitation determined under subsection (c) of this
section)'' each place it appears and inserting ``(but not more
than the limitation determined under subsection (c) or section
6904, as applicable)'';
(2) in subsection (c), by striking ``The limitation'' each
place it appears and inserting ``Subject to section 6904, the
limitation''; and
(3) by adding at the end the following:
``(e) Additional Payment Election.--
``(1) Initial election to receive 25-percent payments.--If
a unit of general local government elected to receive amounts
under section 102(b)(2)(B) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7112(b)(2)(B)) for fiscal year 2013, not later than September
30 of the first fiscal year after the date of enactment of this
subsection, the unit of general local government shall notify
the Secretary of Agriculture of the election to receive or not
to receive amounts under the Act of May 23, 1908 (16 U.S.C.
500).
``(2) Election to receive 25-percent payments.--If a unit
of general local government elects under paragraph (1) to
receive amounts under the Act of May 23, 1908 (16 U.S.C. 500),
for purposes of this chapter, the unit of general local
government shall not receive any payments under section 6904.
``(3) Election not to receive 25-percent payments.--If a
unit of general local government elects under paragraph (1) not
to receive amounts under the Act of May 23, 1908 (16 U.S.C.
500), for purposes of this chapter, the payment under
subsection (b) shall exclude the amounts that would have been
paid to the unit of general local government for the fiscal
year under the Act of May 23, 1908 (16 U.S.C. 500).
``(4) Subsequent elections.--A unit of general local
government described in paragraph (1) may change the election
for subsequent fiscal years if the unit of general local
government notifies Secretary of Agriculture of the election by
September 30 of the preceding fiscal year.''.
SEC. 5. ADDITIONAL PAYMENTS.
Section 6904 of title 31, United States Code, is amended--
(1) by striking the section designation and heading and all
that follows through ``(b) The Secretary'' and inserting the
following:
``Sec. 6904. Additional payments
``(a) In General.--In addition to payments the Secretary of the
Interior makes under section 6902, the Secretary of the Interior shall
make payments for each fiscal year to a unit of general local
government subject to the requirements of this section.
``(b) Requirements for Acquired Designated Entitlement Land.--
``(1) Real property taxes.--In addition to payments the
Secretary of the Interior makes under section 6902, 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 the State of Alaska outside
the boundaries of an organized borough) in which is located an
interest in land that--
``(A) the Federal Government acquires for--
``(i) the National Park System;
``(ii) the National Wilderness Preservation
System; or
``(iii) the National Wildlife Refuge
System; and
``(B) was subject to local real property taxes
during the 5-year period ending on the date on which
the interest is acquired.
``(2) Requirements.--The Secretary'';
(2) in subsection (c)--
(A) in the third sentence, by striking ``subsection
(a) of this section'' and inserting ``paragraph (1)'';
and
(B) by striking ``(c) Each yearly'' and inserting
the following:
``(3) Amount.--Each yearly'';
(3) by striking subsection (d) and inserting the following:
``(4) Regulations.--The Secretary may promulgate
regulations under which payments may be made to units of
general local government when paragraphs (1) and (2) will not
carry out the purpose of those paragraphs.''; and
(4) by adding at the end the following:
``(c) Requirements for Designated Entitlement Land and Historic
Payments.--
``(1) Designated entitlement land.--Notwithstanding section
6903 and subject to paragraph (4), the Secretary of the
Interior shall adjust the applicable limitation described in
section 6903(c) for a unit of general local government that--
``(A) receives a payment under section 6902; and
``(B) uses that payment for entitlement land that
is--
``(i) a unit of the National Park System;
``(ii) a unit of the National Wildlife
Refuge System; or
``(iii) a component of the National
Wilderness Preservation System that is not land
described in clause (i) or (ii).
``(2) Historic payments.--Notwithstanding section 6903, the
Secretary of the Interior shall make a payment to a unit of
general local government that received amounts during fiscal
year 2013 under--
``(A) the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 1701 et seq.); or
``(B) section 401(c)(2) of the Act of June 15, 1935
(commonly known as the `Refuge Revenue Sharing Act')
(16 U.S.C. 715s(c)(2)).
``(3) Additional payment calculations.--
``(A) Designated entitlement land.--The adjusted
limitation under paragraph (1) shall be an amount equal
to the sum of--
``(i) the applicable limitation for the
unit of general local government described in
section 6903(c); and
``(ii) the product obtained by
multiplying--
``(I) the quantity of acres of
entitlement land of the unit of general
local government that is (as
applicable)--
``(aa) a unit of the
National Park System;
``(bb) a unit of the
National Wildlife Refuge
System; or
``(cc) a component of the
National Wilderness
Preservation System that is not
land described in item (aa) or
(bb); and
``(II) \1/2\ of the applicable per-
acre amount for the unit of general
local government described in section
6903(b)(1) for the fiscal year.
``(B) Historic payments.--The additional payment
under paragraph (2) shall be an amount equal to the
difference between--
``(i) the sum of--
``(I) the amount received by the
unit of general local government for
fiscal year 2013 under this chapter;
``(II) 95 percent of the amount
received by the unit of local
government for fiscal year 2013 under
the Secure Rural Schools and Community
Self-Determination Act of 2000 (16
U.S.C. 1701 et seq.); and
``(III) the amount authorized to be
received by the unit of general local
government for fiscal year 2013 under
section 401(c)(2) of the Act of June
15, 1935 (commonly known as the `Refuge
Revenue Sharing Act') (16 U.S.C.
715s(c)(2)); and
``(ii) the sum of--
``(I) the applicable amount for the
unit of general local government
described in section 6903(c); and
``(II) the applicable amount for
the unit of general local government
calculated under subparagraph (A).
``(4) Limitation.--The limitation under this chapter for a
unit of general local government that receives a payment under
paragraph (1) shall not exceed the lesser of--
``(A) 3 times the applicable limitation specified
in section 6903(c)(2) for the unit of general local
government; and
``(B) the limitation specified in section
6903(c)(2) for a unit of general local government with
a population of 50,000.''.
SEC. 6. ADJUSTED SHARE.
Chapter 69 of title 31, United States Code, is amended--
(1) by redesignating sections 6906 and 6907 as sections
6907 and 6908, respectively; and
(2) by inserting after section 6905 the following:
``Sec. 6906. Adjusted share
``(a) Requirement.--The final payment provided under this chapter
for a fiscal year for each unit of general local government shall be
adjusted by an amount equal to the quotient obtained by dividing--
``(1) the sum of the amount of payments to the applicable
unit of general local government under sections 6903 through
6905; by
``(2) the economic performance index described in
subsection (d).
``(b) Economic Performance Score Measures.--The economic
performance index referred to in subsection (a)(2) shall be based on an
economic performance score comprised of 5 equally weighted measures of
economic performance and opportunity, calculated for each fiscal year,
as follows:
``(1) Median household income.--The median household income
for the unit of general local government, according to the most
recent 5-year estimate of the American Community Survey of the
Bureau of the Census.
``(2) Average earnings per job.--The average earnings per
job for the unit of general local government, according to the
most recent estimates of the applicable Regional Economic
Profiles (as reflected in Table CA 30) published by the Bureau
of Economic Analysis of the Department of Commerce.
``(3) Percentage of families above the poverty level.--The
percentage of households served by the unit of general local
government that are above the poverty level, as determined by
the most recent 5-year estimates of the American Community
Survey of the Bureau of the Census.
``(4) Percentage of population with bachelor's degree or
higher.--The percentage of the population served by the unit of
general local government that, as determined by the most recent
5-year estimates of the American Community Survey of the Bureau
of the Census--
``(A) is aged 25 years or older; and
``(B) has received--
``(i) a bachelor's degree from an
institution of higher education; or
``(ii) a master's, professional, or
doctorate degree.
``(5) Area classifications.--
``(A) In general.--Subject to subparagraph (B), a
classification of each unit of general local government
into core based statistical areas and combined
statistical areas, as determined in accordance with the
most recent metropolitan and micropolitan statistical
areas and delineations of the Office of Management and
Budget and resulting from the application of published
standards to the Bureau of the Census data, into 1 of
the following 4 areas:
``(i) A central metropolitan statistical
area.
``(ii) An outlying metropolitan statistical
area.
``(iii) A central micropolitan statistical
area.
``(iv) An outlying micropolitan statistical
area.
``(B) Rural areas.--Any unit of general local
government that is not delineated into 1 of the 4 areas
described in subparagraph (A) shall be considered to be
a rural area.
``(c) Economic Performance Score Preparation.--In preparing the
economic performance score under subsection (b), the Secretary of the
Interior shall--
``(1)(A) gather data for the most recent calendar year
available regarding each variable described in paragraphs (1)
through (5) of subsection (b) that comprise the score for each
unit of general local government; or
``(B) if specific data for a unit of general local
government are not available, use the applicable county
average;
``(2) recalculate each variable on a 0-to-1 scale by
dividing the value of the variable for each unit of general
local government by the highest value for that variable among
all units of general local government, including by classifying
a unit of general local government under subsection (b)(5) such
that--
``(A) a central metropolitan statistical area is
equal to 0.75;
``(B) an outlying metropolitan statistical area is
equal to 0.6;
``(C) a central micropolitan statistical area is
equal to 0.5;
``(D) an outlying micropolitan statistical area is
equal to 0.4; and
``(E) a rural area is equal to 0.25;
``(3) calculate for each unit of general local government
an economic performance score that is equal to the sum of the
value of the variables recalculated under paragraph (2); and
``(4) create a percentile rank for each unit of general
local government, which shall be equal to the quotient obtained
by dividing--
``(A) the product obtained by multiplying--
``(i) 100; and
``(ii) the difference between--
``(I) the numeric rank of the
economic performance score calculated
under paragraph (3), relative to the
economic performance scores of all
other units of general local
government; and
``(II) 0.5; by
``(B) the total number of units of general local
government.
``(d) Economic Performance Index.--For purposes of subsection (a),
the Secretary of the Interior shall adjust the amount of payments
provided under this chapter based on an economic performance index
equal to the sum of--
``(1) the product obtained by multiplying--
``(A) the difference between--
``(i) the percentile rank calculated under
subsection (c); and
``(ii) 0.5; and
``(B) 0.4; and
``(2) 1.''.
SEC. 7. FUNDING.
Section 6907 of title 31, United States Code (as redesignated by
section 6(1)), is amended by striking ``of fiscal years 2008 through
2014'' and inserting ``fiscal year''.
SEC. 8. RESOURCE ADVISORY COMMITTEES.
Chapter 69 of title 31, United States Code (as amended by section
6(1)), is amended by adding at the end the following:
``Sec. 6909. Funding for resource advisory committees
``(a) In General.--For each of fiscal years 2014 through 2018, not
more than $25,000,000 of the amounts made available for the fiscal year
to the Secretary of the Interior for obligation or expenditure in
accordance with this chapter shall be made available to the Secretary
of the Interior or the Secretary of Agriculture, as applicable--
``(1) to pay the administrative costs of any resource
advisory committee (as defined in section 201 of the Secure
Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7121)) that was established before September 29, 2013;
or
``(2) to establish new resource advisory committees, as
appropriate, in accordance with section 205 of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7125).
``(b) Vegetation Management Projects.--Notwithstanding title II of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7121 et seq.), resource advisory committees provided amounts
under this section may propose vegetation management projects,
including projects authorized under section 602 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591a).
``(c) Allocation.--Amounts under this section shall be allocated
among units of general local government and applicable units of Federal
land in a manner substantially similar to the allocation of amounts
under title II of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121 et seq.) for fiscal year
2013.
``(d) Unused Amounts.--Any unused amounts under this section as of
September 30 of each fiscal year shall be allocated in accordance with
this chapter among all units of general local government for the
subsequent fiscal year.''.
SEC. 9. CONFORMING AMENDMENT.
The chapter analysis for chapter 69 of title 31, United States
Code, is amended by striking the items relating to sections 6906 and
6907 and inserting the following:
``6906. Adjusted share.
``6907. Funding.
``6908. State legislation requiring reallocation or redistribution of
payments to smaller units of general
purpose government.
``6909. Funding for resource advisory committees.''.
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