S. 2626 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2626 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. 1. Short title This Act may be cited as the Fair Share Act of 2014. 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. . 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. . 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. . 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: 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. . 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: 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. . 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. 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: 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. . 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. .