| HR 380 IH
108th CONGRESS
1st Session
H. R. 380
To provide full funding
for the payment in lieu of taxes program for the next five fiscal years,
to protect local jurisdictions against the loss of property tax revenues
when private lands are acquired by a Federal land management agency, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 27, 2003
Mr. RADANOVICH introduced the
following bill; which was referred to the Committee on Resources, and in
addition to the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To provide full funding
for the payment in lieu of taxes program for the next five fiscal years,
to protect local jurisdictions against the loss of property tax revenues
when private lands are acquired by a Federal land management agency, 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 `Property Tax Endowment Act of 2003'.
SEC. 2. FULL FUNDING FOR PAYMENTS
IN LIEU OF TAXES.
Section 6906 of title 31,
United States Code, is amended--
(1) by striking `Necessary'
and inserting `(a) IN GENERAL- Necessary';
(2) by striking `Amounts'
and inserting `Except as provided in subsection (b), amounts'; and
(3) by adding at the end
the following new subsection:
`(b) FULL FUNDING- For fiscal
years 2004 through 2008, amounts necessary to carry out this chapter shall
be made available to the Secretary of the Interior, out of any funds in
the Treasury not otherwise appropriated and without further appropriation,
for obligation and expenditure in accordance with this chapter.'.
SEC. 3. PROTECTION OF LOCAL
TAX BASE AS PART OF FEDERAL LAND ACQUISITION.
(a) Election of Payment
to Offset Revenue Loss-
(1) NOTIFICATION OF LOCAL
GOVERNMENT- Whenever a Federal land management agency acquires privately
owned land by purchase, exchange, or donation, the head of the agency shall
notify the unit of general local government within whose jurisdiction the
land lies.
(2) ELECTION- If a unit
of general local government is notified by a Federal agency under paragraph
(1) regarding an acquisition of land by the Federal agency, the elected
officials with authority under State law to govern the unit may within
90 days after that notification, elect to receive from the Federal land
management agency a one-time payment in an amount sufficient to offset
the long term revenue loss to the local government that will result from
the acquisition of the land by the Federal agency.
(b) Treatment of Land After
One-Time Payment-
(1) IN GENERAL- If a unit
of general local government receives, pursuant to an election under subsection
(a), a one-time payment with respect to land acquired by a Federal land
management agency, the land shall not be treated as entitlement land for
purposes of chapter 69 of title 31, United States Code, notwithstanding
any changes that may thereafter occur in the value of the land, interest
rates, taxation rates, or any other economic factor.
(2) CONFORMING AMENDMENT-
Section 6901(1) of title 31, United States Code, is amended by adding at
the end the following:
`Such term does not include
any land with respect to which a unit of local government receives a one-time
payment under the Property Tax Endowment Act of 2003.'.
(1) IN GENERAL- This section
shall apply to any land acquisition by a Federal land management agency
completed after September 30, 1998.
(2) APPLICATION TO PRIOR
ACQUISITION- For purposes of the application of this section to an acquisition
of land by a Federal agency before the date of the enactment of this Act,
the head of the agency is deemed to have notified the unit of general local
government concerned in accordance with paragraph (1) on the date of the
enactment of this Act.
(3) NO EFFECT ON TITLE-
This subsection shall not affect any right, title, or interest of the United
States in or to land.
SEC. 4. ONE-TIME PAYMENT.
(a) IN GENERAL- If a unit
of general local government elects under section 3(a)(2) to receive a one-time
payment with respect to land acquired by a Federal land management agency--
(1) the head of the Federal
agency shall determine and make such payment in accordance with this section;
and
(2) such acquisition may
not occur before the date the payment is made.
(1) IN GENERAL- The amount
of such payment--
(A) shall be sufficient
to yield a revenue stream in perpetuity equal to the property taxes currently
required to be paid with respect to the land, determined as an annuity
amount based on an interest rate equal to the current average yield on
outstanding obligations of the United States with remaining periods of
maturity of 10 years on the date of acquisition of the land by the Federal
agency;
(B) shall be determined
based on the rate of tax and land valuation in effect for the land under
the property tax laws of the unit of general local government that apply
in the local tax year in which the land is acquired by the Federal land
management agency; and
(C) shall include amounts
to offset property taxes that were attributable to--
(i) improvements on the
acquired lands; or
(ii) the use of the lands
for business enterprise.
(2) FEDERAL ACQUISITIONS
FROM TAX-EXEMPT ENTITIES- If a Federal land management agency acquires
lands by purchase, donation, exchange, or other means from a nongovernmental
organization or other entity that is exempt from local taxation, paragraph
(1) shall apply as if the land were acquired from the last person that
owned the lands that was not exempt from such taxation.
(3) DEDUCTION OF PILT PAYMENTS-
In the case of a payment under this section to a unit of general local
government with respect to land that was acquired by a Federal land management
agency before the date of the enactment of this Act, the head of the agency
shall deduct, from the amount otherwise required to be paid, the amount
of any payment made to the unit with respect to the land after September
30, 1998, under chapter 69 of title 31, United States Code.
(c) TIME FOR PAYMENT- The
payment required under subsection (a) in connection with a land acquisition
shall be made before the Federal land management agency takes possession
of the land.
(1) IN GENERAL- Amounts
paid to a unit of general local government under this section shall be
deposited into a trust fund established and administered by the unit of
general local government.
(2) RESTRICTION OF USE OF
PRINCIPAL- The principal of the trust funds may not be expended.
(3) USE OF INTEREST- Interest
generated by the trust funds shall be available to the unit of general
local governmental for any governmental purpose.
SEC. 5. RELATIONSHIP OF ONE-TIME
PAYMENTS TO PAYMENTS IN LIEU OF TAXES.
A one-time payment received
by a unit of general local government under this Act shall not be deducted
or in any way used to offset payments required to be made to the unit under
chapter 69 of title 31, United States Code.
SEC. 6. DEFINITIONS.
(1) DONATION- The term `donation'
includes any conveyance of land to the Federal Government that is required
as a condition of receipt of any benefit under Federal law.
(2) FEDERAL LAND MANAGEMENT
AGENCY- The term `Federal land management agency' means each of the following:
(B) The Bureau of Land Management.
(C) The National Park Service.
(D) The United States Fish
and Wildlife Service.
(3) UNIT OF GENERAL LOCAL
GOVERNMENT- The term `unit of general local government' has the meaning
given the term in section 6901(2) of title 31, United States Code.
END
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