II 

112TH CONGRESS 

1ST SESSION S. 988 

To ensure that local educational agencies and units of local governments 

are compensated 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. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mr. SCHUMER introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To ensure that local educational agencies and units of local 

governments are compensated 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Land-In-Trust Schools 

5 and Local Governments Equitable Compensation Act’’. 


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•S 988 IS

1 SEC. 2. MANDATORY PAYMENTS FOR CERTAIN LAND HELD 

2 IN TRUST. 

3 (a) AGREEMENT.—As soon as practicable after the 

4 date of enactment of this Act, the Secretary of the Interior 

5 (referred to in this section as the ‘‘Secretary’’) shall at6 tempt to negotiate an agreement among the applicable 

7 local education agency or unit of local government, the 

8 Secretary, the appropriate State, and, if appropriate, any 

9 federally recognized Indian tribe or individual Indian, 

10 under which all parties agree that the amounts described 

11 in subsection (b) shall be— 

12 (1) waived in whole or in part; 

13 (2) limited for an agreed upon number of years; 

14 or 

15 (3) otherwise adjusted, including adjusting the 

16 timing of any payments. 

17 (b) TRANSFER OF AMOUNTS.—If an agreement is not 

18 entered into under subsection (a), for the first fiscal year 

19 beginning after the date of enactment of this Act and each 

20 fiscal year thereafter, the Secretary of the Treasury shall 

21 transfer directly to the Secretary of Interior from the gen22 eral fund of the Treasury, without further appropriation, 

23 such amounts as are necessary, after taking into account 

24 any other amounts appropriated to make payments under 

25 this subsection, to make payments from the Secretary to 

26 the applicable local educational agency or unit of local govVerDate Mar 15 2010 19:50 May 18, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S988.IS S988

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•S 988 IS

1 ernment in an amount necessary to ensure that the local 

2 educational agency or unit of local government receives 

3 full payment for the amount of property tax revenues lost 

4 as a result of land under the jurisdiction of the local edu5 cational agency or unit of local government being held in 

6 trust by the United States for the benefit of a federally 

7 recognized Indian tribe or an individual Indian, to be cal8 culated in a manner that provides that the taxes (other9 wise payable but for the status of the land being held in 

10 trust) shall be assessed and paid annually at the same rate 

11 as the taxes would be assessed and paid if not in trust. 

12 SEC. 3. EFFECTIVE DATE. 

13 This Act shall apply to all land taken into trust by 

14 the United States for the benefit of a federally recognized 

15 Indian tribe or an individual Indian on or after October 

16 1, 2008. 

Æ 


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