II 111th CONGRESS 1st Session S. 1456 IN THE SENATE OF THE UNITED STATES July 14, 2009 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To fully compensate local educational agencies and local governments for tax revenues lost when the Federal Government takes land into trust for the benefit of a federally recognized Indian tribe or an individual Indian.

1.

Short title

This Act may be cited as the Land-In-Trust Schools and Local Governments Equitable Compensation Act.

2.

Mandatory payments for certain lands held in trust

For each fiscal year that begins after the date of the enactment of this Act— (1)the Secretary of the Interior shall pay each local educational agency and unit of local government such amounts as are necessary to ensure that such local educational agency and unit of general local government receives full payment for the amount of property tax revenues lost as a result of lands within their jurisdiction being held in trust by the United States for the benefit of a federally recognized Indian tribe or an individual Indian, to be calculated so that the taxes (otherwise payable but for the status of the lands being held in trust) shall be assessed and paid annually at the same rate as the taxes would be assessed and paid if not in trust; and (2)the Secretary of the Treasury shall transfer directly to the Secretary of Interior from the general fund of the Treasury, without further appropriation, such amounts as are necessary, after taking into account amount appropriated for this purpose, to carry out paragraph (1).

3.

Partial payments for certain lands held in trust

Notwithstanding section 2, a local education agency or a unit of local government may enter into a written agreement with the Secretary of the Interior, the appropriate State, and, if appropriate, any federally recognized Indian tribe or individual Indian, under which all parties agree that the amounts described in section 2 shall be— (1)waived in whole or in part; (2)limited for an agreed upon number of years; or (3)otherwise adjusted, including the timing of any payment or payments.

4.

Effective date

This Act shall apply to all lands taken into trust by the United States for the benefit of a federally recognized Indian tribe or an individual Indian on or after October 1, 2008.