CHAPTER 69 —PAYMENT FOR ENTITLEMENT LAND
Editorial Notes
Amendments
2008—
1994—
§6901. Definitions
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 (
(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 (
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6901(1) (A)–(F) | 31:1606(a)(1)–(3), (5), (b). | Oct. 20, 1976, |
| 31:1606(a)(4). | Oct. 20, 1976, |
|
| 31:1606(a)(6). | Oct. 20, 1976, |
|
| 6901(1)(G) | 16:715s(h)(1). | June 15, 1935, ch. 261, |
| 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
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.
Editorial Notes
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
Amendments
1998—Par. (1)(H).
1997—Par. (2)(A)(i).
1996—Par. (2).
"(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).
1988—Par. (2)(A).
1983—Par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Short Title of 1998 Amendment
Short Title of 1994 Amendment
§6902. Authority and Eligibility 1
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6902(a) | 31:1601. | Oct. 20, 1976, |
| 6902(b) | 31:1605(c). | Oct. 20, 1976, |
| 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
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.
Editorial Notes
Amendments
1996—Subsec. (a).
1994—
"(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 (
"(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).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
"(1)
"(2)
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be "this chapter".
§6903. Payments
(a) In this section—
(1) "payment law" means—
(A) the Act of June 20, 1910 (ch. 310,
(B) section 33 of the Bankhead-Jones Farm Tenant Act (
(C) the Act of May 23, 1908 (
(D) section 5 of the Act of June 22, 1948 (
(E) section 401(c)(2) of the Act of June 15, 1935 (
(F) section 17 of the Federal Power Act (
(G) section 35 of the Act of February 25, 1920 (
(H) section 6 of the Mineral Leasing Act for Acquired Lands (
(I) section 3 of the Act of July 31, 1947 (
(J) section 10 of the Act of June 28, 1934 (known as the Taylor Grazing Act) (
(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
(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):
| If the population equals— | the limitation is equal to the population 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6903(a)(1) | 16:715s(h)(2). | June 15, 1935, ch. 261, |
| 31:1604. | Oct. 20, 1976, |
|
| 6903(a)(2) | 31:1602(c). | |
| 6903(a)(3) | 31:1602(b)(2)(last sentence). | |
| 6903(a)(4) | 31:1602(d). | |
| 6903(b)(1) | 31:1602(a)(1st sentence). | |
| 6903(b)(2) | 31:1602(a)(last 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.p
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
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
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.
Editorial Notes
References in Text
Act of June 20, 1910 (ch. 310,
The Secure Rural Schools and Community Self-Determination Act of 2000, referred to in subsec. (a)(1)(C), is
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,
Amendments
2000—Subsec. (a)(1)(C).
1994—Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (d).
1983—Subsec. (a)(4).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by sections 2(a), (b)(1), and 3 of
Proportional Payments to Local Governments
Similar provisions were contained in the following prior appropriation acts:
Payments Made Prior to January 1, 1983
§6904. Additional payments
(a) In addition to payments the Secretary of the Interior makes under
(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).
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6904(a) | 31:1603(a)(1st, 3d sentences). | Oct. 20, 1976, |
| 31:1603(e). | Oct. 20, 1976, |
|
| 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
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.
§6905. Redwood National Park and the Lake Tahoe Basin
(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
(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 (
(2) The payment shall be made as provided in
(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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6905(a) | 16:79o(a), (b). | Mar. 27, 1978, |
| 6905(b)(1)– (3) | (uncodified). | Dec. 23, 1980, |
| 16:79o(c). | ||
| 6905(b)(4) | 16:79o(d). |
In subsection (a), the words "Notwithstanding any contrary provision of
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.
Editorial Notes
References in Text
The provisions of Act of December 23, 1980 (
§6906. Funding
For fiscal year 2019— 1
(1) each county or other eligible unit of local government shall be entitled to payment under this chapter; and
(2) sums shall be made available to the Secretary of the Interior for obligation or expenditure in accordance with this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6906 | 31:1607. | Oct. 20, 1976, |
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.
Editorial Notes
Amendments
2019—
2018—
2014—
2012—
2008—
Statutory Notes and Related Subsidiaries
Application of Section
Similar provisions were contained in the following prior appropriation acts:
1 See Application of Section note below.
§6907. State legislation requiring reallocation or redistribution of payments to smaller units of general purpose government
(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.
(Added
Editorial Notes
Amendments
1994—