[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8859 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8859
To amend title VI of the Social Security Act to improve the Local
Assistance and Tribal Consistency Fund, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 15, 2022
Mr. Neguse introduced the following bill; which was referred to the
Committee on Oversight and Reform
_______________________________________________________________________
A BILL
To amend title VI of the Social Security Act to improve the Local
Assistance and Tribal Consistency Fund, 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 ``Secure Rural and Tribal Lands Act''.
SEC. 2. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND.
(a) In General.--Section 605 of the Social Security Act (42 U.S.C.
805) is amended--
(1) in subsection (a), by striking ``with amounts to be
obligated'' and all that follows through the period and
inserting ``for making payments under this section to eligible
revenue sharing recipients, eligible Tribal governments, and
territories, with amounts to be allocated and paid in
accordance with subsection (b) not later than December 31,
2022.''; and
(2) by striking subsections (b) through (f) and inserting
the following:
``(b) Authority To Make Payments.--
``(1) Allocations and payments to eligible revenue sharing
recipients.--
``(A) Revenue sharing counties.--
``(i) Allocations.--The Secretary shall
reserve $1,485,000,000 of the total amount
appropriated under subsection (a) to allocate
to each revenue sharing county an amount
determined by the Secretary, taking into
account--
``(I) the amount of entitlement
land and Federal land in each revenue
sharing county; and
``(II) the economic conditions of
each revenue sharing county, using such
measurements of poverty, household
income, and unemployment over the most
recent 20-year period as of September
30, 2021, to the extent data are
available, as well as other economic
indicators as the Secretary determines
appropriate.
``(ii) Payments.--Subject to subparagraph
(B)(ii), the Secretary shall pay each revenue
sharing county that is an eligible revenue
sharing county the amount determined for the
county under clause (i).
``(B) Special rules.--
``(i) Revenue sharing counties with limited
government functions.--In the case of an amount
allocated to a revenue sharing county under
subparagraph (A) that is a county with limited
government functions, the Secretary shall, from
such amount, allocate and pay to each eligible
revenue sharing local government within such
county an amount determined by the Secretary,
taking into account the amount of entitlement
land and Federal land in the eligible revenue
sharing local government and the population of
the eligible revenue sharing local government
relative to the total population of such county
with limited government functions.
``(ii) Eligible revenue sharing county in
alaska.--In the case of the eligible revenue
sharing county described in subsection
(f)(3)(C), the Secretary shall pay the amount
allocated to such eligible revenue sharing
county under subparagraph (A) to the State of
Alaska and the State of Alaska shall distribute
from such payment, payments to home rule cities
and general law cities (as such cities are
defined by the State) located within the
boundaries of the eligible revenue sharing
county described in subsection (f)(3)(C).
``(C) Pro rata adjustment authority.--The amounts
otherwise determined for allocation and payment under
subparagraphs (A) and (B) may be adjusted by the
Secretary on a pro rata basis to the extent necessary
to ensure that all available funds are allocated and
paid to eligible revenue sharing recipients in
accordance with the requirements specified in each such
subparagraph.
``(2) Allocations and payments to eligible tribal
governments.--The Secretary shall reserve $500,000,000 of the
total amount appropriated under subsection (a) to allocate and
pay to eligible Tribal governments amounts that are determined
by the Secretary taking into account economic conditions of
each eligible Tribe.
``(3) Allocations and payments to territories.--The
Secretary shall reserve $15,000,000 of the total amount
appropriated under subsection (a) to allocate and pay to each
territory an amount which bears the same proportion to the
amount reserved under this paragraph as the population of the
territory bears to the total population of all the territories.
``(c) Use of Payments.--An eligible revenue sharing recipient, an
eligible Tribal government, or a territory may use funds provided under
a payment made under this section for any governmental purpose other
than a lobbying activity.
``(d) Reporting Requirement.--Each eligible revenue sharing
recipient and each territory that receives a payment under this section
shall submit to the Secretary periodic reports providing a detailed
accounting of the use of funds by the eligible revenue sharing
recipient or territory, as applicable, and such other information as
the Secretary may require for the administration of this section.
``(e) Recoupment.--Any eligible revenue sharing recipient or any
territory that has failed to submit a report required under subsection
(d) or failed to comply with subsection (c), shall be required to repay
to the Secretary an amount equal to--
``(1) in the case of a failure to comply with subsection
(c), the amount of funds used in violation of such subsection;
and
``(2) in the case of a failure to submit a report required
under subsection (d), such amount as the Secretary determines
appropriate, but not to exceed 5 percent of the amount paid to
the eligible revenue sharing recipient or the territory under
this section.
``(f) Definitions.--In this section:
``(1) County.--The term `county' means a county, parish,
borough, or other equivalent county division (as defined by the
Bureau of the Census) in 1 of the 50 States.
``(2) County with limited government functions.--The term
`county with limited government functions' means a county in
which entitlement land or Federal land is located that is not
an eligible revenue sharing county.
``(3) Eligible revenue sharing county.--The term `eligible
revenue sharing county' means--
``(A) a unit of general local government (as
defined in section 6901(2) of title 31, United States
Code) that is--
``(i) a county in which entitlement land is
located and which is eligible for a payment
under section 6902(a) of title 31, United
States Code; or
``(ii) a county that contains Federal land;
``(B) the District of Columbia; and
``(C) the combined 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 unit of general local
government described in subparagraph (A).
``(4) Eligible revenue sharing local government.--The term
`eligible revenue sharing local government' means a unit of
general local government (as defined in section 6901(2) of
title 31, United States Code) that is not a county or territory
and--
``(A) in which entitlement land is located and
which is eligible for a payment under section 6902(a)
of title 31, United States Code; or
``(B) in which Federal land is located.
``(5) Eligible revenue sharing recipients.--The term
`eligible revenue sharing recipients' means, collectively,
eligible revenue sharing counties and eligible revenue sharing
local governments.
``(6) Eligible tribal government.--The term `eligible
Tribal government' means the recognized governing body of an
eligible Tribe.
``(7) Eligible tribe.--The term `eligible Tribe' means any
Indian or Alaska Native tribe, band, nation, pueblo, village,
community, component band, or component reservation,
individually identified (including parenthetically) in the list
published on January 28, 2022, pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994.
``(8) Entitlement land.--The term `entitlement land' has
the meaning given such term in section 6901(1) of title 31,
United States Code.
``(9) Federal land.--The term `Federal land' has the
meaning given such term in section 3(7) of the Secure Rural
Schools and Community Self-Determination Act of 2000.
``(10) Revenue sharing county.--The term `revenue sharing
county' means--
``(A) an eligible revenue sharing county; or
``(B) a county with limited government functions.
``(11) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(12) Territory.--The term `territory' means--
``(A) the Commonwealth of Puerto Rico;
``(B) the United States Virgin Islands;
``(C) Guam;
``(D) the Commonwealth of the Northern Mariana
Islands; or
``(E) American Samoa.''.
(b) Department of the Treasury Administrative Expenses.--
(1) In general.--Notwithstanding any other provision of
law, the unobligated balances from amounts made available to
the Secretary of the Treasury (referred to in this subsection
as the ``Secretary'') for administrative expenses pursuant to
the provisions specified in paragraph (2) shall be available to
the Secretary (in addition to any other appropriations provided
for such purpose) for any administrative expenses of the
Department of the Treasury determined by the Secretary to be
necessary to respond to the coronavirus emergency, including
any expenses necessary to implement any provision of--
(A) the Coronavirus Aid, Relief, and Economic
Security Act (Public Law 116-136);
(B) division N of the Consolidated Appropriations
Act, 2021 (Public Law 116-260);
(C) the American Rescue Plan Act (Public Law 117-
2); or
(D) title VI of the Social Security Act (42 U.S.C.
801 et seq.).
(2) Provisions specified.--The provisions specified in this
paragraph are the following:
(A) Sections 4003(f) and 4112(b) of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-
136).
(B) Section 421(f)(2) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-
260).
(C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and
7301(b)(5) of the American Rescue Plan Act of 2021
(Public Law 117-2).
(D) Section 602(a)(2) of the Social Security Act
(42 U.S.C. 802(a)(2)).
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