[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.''.
                                 <all>