II 

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. 

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 ‘‘Fair Share Act of 

5 2014’’. 

6 SEC. 2. DEFINITIONS. 

7 Section 6901(1) of title 31, United States Code, is 

8 amended— 


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1 (1) in subparagraph (G), by striking ‘‘or’’ at 

2 the end; 

3 (2) in subparagraph (H), by striking the period 

4 at the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(I) that was purchased for addition to the 

7 National Wildlife Refuge System.’’. 

8 SEC. 3. AUTHORITY AND ELIGIBILITY. 

9 Section 6902(a) of title 31, United States Code, is 

10 amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘(a)(1) Except’’ and insert13 ing the following: 

14 ‘‘(a) PAYMENTS TO UNITS OF GENERAL LOCAL GOV15 ERNMENT.— 

16 ‘‘(1) PAYMENTS.— 

17 ‘‘(A) IN GENERAL.—Except’’; and 

18 (B) in the second sentence, by striking ‘‘A 

19 unit’’ and inserting the following: 

20 ‘‘(B) USE.—Except as provided in para21 graph (3), a unit’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(3) USE OF FUNDS.— 

24 ‘‘(A) SECURE RURAL SCHOOLS ALLOCA25 TION.—If a unit of general local government reVerDate Mar 15 2010 02:29 Jul 23, 2014 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2626.IS S2626

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1 ceived a payment under the Secure Rural 

2 Schools and Community Self-Determination Act 

3 of 2000 (16 U.S.C. 7101 et seq.) for fiscal year 

4 2013 and elects not to receive a payment under 

5 section 6903(e)(4) for a fiscal year, of the pay6 ments made to the unit of general local govern7 ment pursuant to this chapter, the unit of gen8 eral local government shall use the amount cal9 culated under subparagraph (B) for the appli10 cable fiscal year— 

11 ‘‘(i) in accordance with the require12 ments of section 102(c)(1) of the Secure 

13 Rural Schools and Community Self-Deter14 mination Act of 2000 (16 U.S.C. 

15 7112(c)(1)); and 

16 ‘‘(ii) in a manner that ensures that 

17 each payment provided to the unit of gen18 eral local government under this chapter is 

19 allocated among each eligible program of 

20 the unit of general local government for 

21 the fiscal year based on the proportion re22 quired under applicable State law for fiscal 

23 year 2013, consistent with section 6908. 


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1 ‘‘(B) AMOUNT.—The amount referred to in 

2 subparagraph (A) is the product obtained by 

3 multiplying— 

4 ‘‘(i) the amounts provided under this 

5 chapter for the unit of general local gov6 ernment for the applicable fiscal year; by 

7 ‘‘(ii) the proportion that— 

8 ‘‘(I) the amount of payments re9 ceived by the unit of general local gov10 ernment under title I of the Secure 

11 Rural Schools and Community Self12 Determination Act of 2000 (16 

13 U.S.C. 7111 et seq.) for fiscal year 

14 2013; bears to 

15 ‘‘(II) the sum of— 

16 ‘‘(aa) the amount received 

17 by the unit of general local gov18 ernment for fiscal year 2013 

19 under this chapter; 

20 ‘‘(bb) 95 percent of the 

21 amount received by the unit of 

22 general local government for fis23 cal year 2013 under the Secure 

24 Rural Schools and Community 


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1 Self-Determination Act of 2000 

2 (16 U.S.C. 1701 et seq.); and 

3 ‘‘(cc) the amount authorized 

4 to be received by the unit of gen5 eral local government for fiscal 

6 year 2013 under section 

7 401(c)(2) of the Act of June 15, 

8 1935 (commonly known as the 

9 ‘Refuge Revenue Sharing Act’) 

10 (16 U.S.C. 715s(c)(2)). 

11 ‘‘(C) STATE LAW.— 

12 ‘‘(i) EFFECT.—Nothing in this chap13 ter prevents a State from enacting a law 

14 that changes the allocation of payments 

15 among each eligible program of units of 

16 general local government pursuant to this 

17 chapter under subparagraph (A)(ii). 

18 ‘‘(ii) APPLICABILITY.—If a State en19 acts a law that modifies the allocation of 

20 payments among each eligible program of 

21 units of general local government pursuant 

22 to this chapter under subparagraph (A)(ii), 

23 the allocation modified by the State law 

24 shall apply the following fiscal year for the 

25 State.’’. 


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1 SEC. 4. PAYMENTS. 

2 Section 6903 of title 31, United States Code, is 

3 amended— 

4 (1) in subsection (b)(1), by striking ‘‘(but not 

5 more than the limitation determined under sub6 section (c) of this section)’’ each place it appears 

7 and inserting ‘‘(but not more than the limitation de8 termined under subsection (c) or section 6904, as 

9 applicable)’’; 

10 (2) in subsection (c), by striking ‘‘The limita11 tion’’ each place it appears and inserting ‘‘Subject to 

12 section 6904, the limitation’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(e) ADDITIONAL PAYMENT ELECTION.— 

15 ‘‘(1) INITIAL ELECTION TO RECEIVE 25-PER16 CENT PAYMENTS.—If a unit of general local govern17 ment elected to receive amounts under section 

18 102(b)(2)(B) of the Secure Rural Schools and Com19 munity Self-Determination Act of 2000 (16 U.S.C. 

20 7112(b)(2)(B)) for fiscal year 2013, not later than 

21 September 30 of the first fiscal year after the date 

22 of enactment of this subsection, the unit of general 

23 local government shall notify the Secretary of Agri24 culture of the election to receive or not to receive 

25 amounts under the Act of May 23, 1908 (16 U.S.C. 

26 500). 


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1 ‘‘(2) ELECTION TO RECEIVE 25-PERCENT PAY2 MENTS.—If a unit of general local government elects 

3 under paragraph (1) to receive amounts under the 

4 Act of May 23, 1908 (16 U.S.C. 500), for purposes 

5 of this chapter, the unit of general local government 

6 shall not receive any payments under section 6904. 

7 ‘‘(3) ELECTION NOT TO RECEIVE 25-PERCENT

8 PAYMENTS.—If a unit of general local government 

9 elects under paragraph (1) not to receive amounts 

10 under the Act of May 23, 1908 (16 U.S.C. 500), for 

11 purposes of this chapter, the payment under sub12 section (b) shall exclude the amounts that would 

13 have been paid to the unit of general local govern14 ment for the fiscal year under the Act of May 23, 

15 1908 (16 U.S.C. 500). 

16 ‘‘(4) SUBSEQUENT ELECTIONS.—A unit of gen17 eral local government described in paragraph (1) 

18 may change the election for subsequent fiscal years 

19 if the unit of general local government notifies Sec20 retary of Agriculture of the election by September 

21 30 of the preceding fiscal year.’’. 

22 SEC. 5. ADDITIONAL PAYMENTS. 

23 Section 6904 of title 31, United States Code, is 

24 amended— 


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1 (1) by striking the section designation and 

2 heading and all that follows through ‘‘(b) The Sec3 retary’’ and inserting the following: 

4 ‘‘§ 6904. Additional payments 

5 ‘‘(a) IN GENERAL.—In addition to payments the Sec6 retary of the Interior makes under section 6902, the Sec7 retary of the Interior shall make payments for each fiscal 

8 year to a unit of general local government subject to the 

9 requirements of this section. 

10 ‘‘(b) REQUIREMENTS FOR ACQUIRED DESIGNATED

11 ENTITLEMENT LAND.— 

12 ‘‘(1) REAL PROPERTY TAXES.—In addition to 

13 payments the Secretary of the Interior makes under 

14 section 6902, the Secretary shall make a payment 

15 for each fiscal year to a unit of general local govern16 ment collecting and distributing real property taxes 

17 (including a unit in the State of Alaska outside the 

18 boundaries of an organized borough) in which is lo19 cated an interest in land that— 

20 ‘‘(A) the Federal Government acquires 

21 for— 

22 ‘‘(i) the National Park System; 

23 ‘‘(ii) the National Wilderness Preser24 vation System; or 


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1 ‘‘(iii) the National Wildlife Refuge 

2 System; and 

3 ‘‘(B) was subject to local real property 

4 taxes during the 5-year period ending on the 

5 date on which the interest is acquired. 

6 ‘‘(2) REQUIREMENTS.—The Secretary’’; 

7 (2) in subsection (c)— 

8 (A) in the third sentence, by striking ‘‘sub9 section (a) of this section’’ and inserting ‘‘para10 graph (1)’’; and 

11 (B) by striking ‘‘(c) Each yearly’’ and in12 serting the following: 

13 ‘‘(3) AMOUNT.—Each yearly’’; 

14 (3) by striking subsection (d) and inserting the 

15 following: 

16 ‘‘(4) REGULATIONS.—The Secretary may pro17 mulgate regulations under which payments may be 

18 made to units of general local government when 

19 paragraphs (1) and (2) will not carry out the pur20 pose of those paragraphs.’’; and 

21 (4) by adding at the end the following: 

22 ‘‘(c) REQUIREMENTS FOR DESIGNATED ENTITLE23 MENT LAND AND HISTORIC PAYMENTS.— 

24 ‘‘(1) DESIGNATED ENTITLEMENT LAND.—Not25 withstanding section 6903 and subject to paragraph 


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1 (4), the Secretary of the Interior shall adjust the ap2 plicable limitation described in section 6903(c) for a 

3 unit of general local government that— 

4 ‘‘(A) receives a payment under section 

5 6902; and 

6 ‘‘(B) uses that payment for entitlement 

7 land that is— 

8 ‘‘(i) a unit of the National Park Sys9 tem; 

10 ‘‘(ii) a unit of the National Wildlife 

11 Refuge System; or 

12 ‘‘(iii) a component of the National 

13 Wilderness Preservation System that is not 

14 land described in clause (i) or (ii). 

15 ‘‘(2) HISTORIC PAYMENTS.—Notwithstanding 

16 section 6903, the Secretary of the Interior shall 

17 make a payment to a unit of general local govern18 ment that received amounts during fiscal year 2013 

19 under— 

20 ‘‘(A) the Secure Rural Schools and Com21 munity Self-Determination Act of 2000 (16 

22 U.S.C. 1701 et seq.); or 

23 ‘‘(B) section 401(c)(2) of the Act of June 

24 15, 1935 (commonly known as the ‘Refuge Rev25 enue Sharing Act’) (16 U.S.C. 715s(c)(2)). 


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1 ‘‘(3) ADDITIONAL PAYMENT CALCULATIONS.— 

2 ‘‘(A) DESIGNATED ENTITLEMENT LAND.— 

3 The adjusted limitation under paragraph (1) 

4 shall be an amount equal to the sum of— 

5 ‘‘(i) the applicable limitation for the 

6 unit of general local government described 

7 in section 6903(c); and 

8 ‘‘(ii) the product obtained by multi9 plying— 

10 ‘‘(I) the quantity of acres of enti11 tlement land of the unit of general 

12 local government that is (as applica13 ble)— 

14 ‘‘(aa) a unit of the National 

15 Park System; 

16 ‘‘(bb) a unit of the National 

17 Wildlife Refuge System; or 

18 ‘‘(cc) a component of the 

19 National Wilderness Preservation 

20 System that is not land described 

21 in item (aa) or (bb); and 

‘‘(II) 1 22 ⁄2 of the applicable per23 acre amount for the unit of general 

24 local government described in section 

25 6903(b)(1) for the fiscal year. 


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1 ‘‘(B) HISTORIC PAYMENTS.—The addi2 tional payment under paragraph (2) shall be an 

3 amount equal to the difference between— 

4 ‘‘(i) the sum of— 

5 ‘‘(I) the amount received by the 

6 unit of general local government for 

7 fiscal year 2013 under this chapter; 

8 ‘‘(II) 95 percent of the amount 

9 received by the unit of local govern10 ment for fiscal year 2013 under the 

11 Secure Rural Schools and Community 

12 Self-Determination Act of 2000 (16 

13 U.S.C. 1701 et seq.); and 

14 ‘‘(III) the amount authorized to 

15 be received by the unit of general local 

16 government for fiscal year 2013 under 

17 section 401(c)(2) of the Act of June 

18 15, 1935 (commonly known as the 

19 ‘Refuge Revenue Sharing Act’) (16 

20 U.S.C. 715s(c)(2)); and 

21 ‘‘(ii) the sum of— 

22 ‘‘(I) the applicable amount for 

23 the unit of general local government 

24 described in section 6903(c); and 


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1 ‘‘(II) the applicable amount for 

2 the unit of general local government 

3 calculated under subparagraph (A). 

4 ‘‘(4) LIMITATION.—The limitation under this 

5 chapter for a unit of general local government that 

6 receives a payment under paragraph (1) shall not 

7 exceed the lesser of— 

8 ‘‘(A) 3 times the applicable limitation spec9 ified in section 6903(c)(2) for the unit of gen10 eral local government; and 

11 ‘‘(B) the limitation specified in section 

12 6903(c)(2) for a unit of general local govern13 ment with a population of 50,000.’’. 

14 SEC. 6. ADJUSTED SHARE. 

15 Chapter 69 of title 31, United States Code, is amend16 ed— 

17 (1) by redesignating sections 6906 and 6907 as 

18 sections 6907 and 6908, respectively; and 

19 (2) by inserting after section 6905 the fol20 lowing: 

21 ‘‘§ 6906. Adjusted share 

22 ‘‘(a) REQUIREMENT.—The final payment provided 

23 under this chapter for a fiscal year for each unit of general 

24 local government shall be adjusted by an amount equal 

25 to the quotient obtained by dividing— 


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1 ‘‘(1) the sum of the amount of payments to the 

2 applicable unit of general local government under 

3 sections 6903 through 6905; by 

4 ‘‘(2) the economic performance index described 

5 in subsection (d). 

6 ‘‘(b) ECONOMIC PERFORMANCE SCORE MEAS7 URES.—The economic performance index referred to in 

8 subsection (a)(2) shall be based on an economic perform9 ance score comprised of 5 equally weighted measures of 

10 economic performance and opportunity, calculated for 

11 each fiscal year, as follows: 

12 ‘‘(1) MEDIAN HOUSEHOLD INCOME.—The me13 dian household income for the unit of general local 

14 government, according to the most recent 5-year es15 timate of the American Community Survey of the 

16 Bureau of the Census. 

17 ‘‘(2) AVERAGE EARNINGS PER JOB.—The aver18 age earnings per job for the unit of general local 

19 government, according to the most recent estimates 

20 of the applicable Regional Economic Profiles (as re21 flected in Table CA 30) published by the Bureau of 

22 Economic Analysis of the Department of Commerce. 

23 ‘‘(3) PERCENTAGE OF FAMILIES ABOVE THE

24 POVERTY LEVEL.—The percentage of households 

25 served by the unit of general local government that 


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1 are above the poverty level, as determined by the 

2 most recent 5-year estimates of the American Com3 munity Survey of the Bureau of the Census. 

4 ‘‘(4) PERCENTAGE OF POPULATION WITH

5 BACHELOR’S DEGREE OR HIGHER.—The percentage 

6 of the population served by the unit of general local 

7 government that, as determined by the most recent 

8 5-year estimates of the American Community Survey 

9 of the Bureau of the Census— 

10 ‘‘(A) is aged 25 years or older; and 

11 ‘‘(B) has received— 

12 ‘‘(i) a bachelor’s degree from an insti13 tution of higher education; or 

14 ‘‘(ii) a master’s, professional, or doc15 torate degree. 

16 ‘‘(5) AREA CLASSIFICATIONS.— 

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), a classification of each unit of gen19 eral local government into core based statistical 

20 areas and combined statistical areas, as deter21 mined in accordance with the most recent met22 ropolitan and micropolitan statistical areas and 

23 delineations of the Office of Management and 

24 Budget and resulting from the application of 


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1 published standards to the Bureau of the Cen2 sus data, into 1 of the following 4 areas: 

3 ‘‘(i) A central metropolitan statistical 

4 area. 

5 ‘‘(ii) An outlying metropolitan statis6 tical area. 

7 ‘‘(iii) A central micropolitan statistical 

8 area. 

9 ‘‘(iv) An outlying micropolitan statis10 tical area. 

11 ‘‘(B) RURAL AREAS.—Any unit of general 

12 local government that is not delineated into 1 of 

13 the 4 areas described in subparagraph (A) shall 

14 be considered to be a rural area. 

15 ‘‘(c) ECONOMIC PERFORMANCE SCORE PREPARA16 TION.—In preparing the economic performance score 

17 under subsection (b), the Secretary of the Interior shall— 

18 ‘‘(1)(A) gather data for the most recent cal19 endar year available regarding each variable de20 scribed in paragraphs (1) through (5) of subsection 

21 (b) that comprise the score for each unit of general 

22 local government; or 

23 ‘‘(B) if specific data for a unit of general local 

24 government are not available, use the applicable 

25 county average; 


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1 ‘‘(2) recalculate each variable on a 0-to-1 scale 

2 by dividing the value of the variable for each unit of 

3 general local government by the highest value for 

4 that variable among all units of general local govern5 ment, including by classifying a unit of general local 

6 government under subsection (b)(5) such that— 

7 ‘‘(A) a central metropolitan statistical area 

8 is equal to 0.75; 

9 ‘‘(B) an outlying metropolitan statistical 

10 area is equal to 0.6; 

11 ‘‘(C) a central micropolitan statistical area 

12 is equal to 0.5; 

13 ‘‘(D) an outlying micropolitan statistical 

14 area is equal to 0.4; and 

15 ‘‘(E) a rural area is equal to 0.25; 

16 ‘‘(3) calculate for each unit of general local gov17 ernment an economic performance score that is 

18 equal to the sum of the value of the variables recal19 culated under paragraph (2); and 

20 ‘‘(4) create a percentile rank for each unit of 

21 general local government, which shall be equal to the 

22 quotient obtained by dividing— 

23 ‘‘(A) the product obtained by multi24 plying— 

25 ‘‘(i) 100; and 


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1 ‘‘(ii) the difference between— 

2 ‘‘(I) the numeric rank of the eco3 nomic performance score calculated 

4 under paragraph (3), relative to the 

5 economic performance scores of all 

6 other units of general local govern7 ment; and 

8 ‘‘(II) 0.5; by 

9 ‘‘(B) the total number of units of general 

10 local government. 

11 ‘‘(d) ECONOMIC PERFORMANCE INDEX.—For pur12 poses of subsection (a), the Secretary of the Interior shall 

13 adjust the amount of payments provided under this chap14 ter based on an economic performance index equal to the 

15 sum of— 

16 ‘‘(1) the product obtained by multiplying— 

17 ‘‘(A) the difference between— 

18 ‘‘(i) the percentile rank calculated 

19 under subsection (c); and 

20 ‘‘(ii) 0.5; and 

21 ‘‘(B) 0.4; and 

22 ‘‘(2) 1.’’. 

23 SEC. 7. FUNDING. 

24 Section 6907 of title 31, United States Code (as re25 designated by section 6(1)), is amended by striking ‘‘of 


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1 fiscal years 2008 through 2014’’ and inserting ‘‘fiscal 

2 year’’. 

3 SEC. 8. RESOURCE ADVISORY COMMITTEES. 

4 Chapter 69 of title 31, United States Code (as 

5 amended by section 6(1)), is amended by adding at the 

6 end the following: 

7 ‘‘§ 6909. Funding for resource advisory committees 

8 ‘‘(a) IN GENERAL.—For each of fiscal years 2014 

9 through 2018, not more than $25,000,000 of the amounts 

10 made available for the fiscal year to the Secretary of the 

11 Interior for obligation or expenditure in accordance with 

12 this chapter shall be made available to the Secretary of 

13 the Interior or the Secretary of Agriculture, as applica14 ble— 

15 ‘‘(1) to pay the administrative costs of any re16 source advisory committee (as defined in section 201 

17 of the Secure Rural Schools and Community Self18 Determination Act of 2000 (16 U.S.C. 7121)) that 

19 was established before September 29, 2013; or 

20 ‘‘(2) to establish new resource advisory commit21 tees, as appropriate, in accordance with section 205 

22 of the Secure Rural Schools and Community Self23 Determination Act of 2000 (16 U.S.C. 7125). 

24 ‘‘(b) VEGETATION MANAGEMENT PROJECTS.—Not25 withstanding title II of the Secure Rural Schools and 


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1 Community Self-Determination Act of 2000 (16 U.S.C. 

2 7121 et seq.), resource advisory committees provided 

3 amounts under this section may propose vegetation man4 agement projects, including projects authorized under sec5 tion 602 of the Healthy Forests Restoration Act of 2003 

6 (16 U.S.C. 6591a). 

7 ‘‘(c) ALLOCATION.—Amounts under this section shall 

8 be allocated among units of general local government and 

9 applicable units of Federal land in a manner substantially 

10 similar to the allocation of amounts under title II of the 

11 Secure Rural Schools and Community Self-Determination 

12 Act of 2000 (16 U.S.C. 7121 et seq.) for fiscal year 2013. 

13 ‘‘(d) UNUSED AMOUNTS.—Any unused amounts 

14 under this section as of September 30 of each fiscal year 

15 shall be allocated in accordance with this chapter among 

16 all units of general local government for the subsequent 

17 fiscal year.’’. 

18 SEC. 9. CONFORMING AMENDMENT. 

19 The chapter analysis for chapter 69 of title 31, 

20 United States Code, is amended by striking the items re21 lating to sections 6906 and 6907 and inserting the fol22 lowing: 

‘‘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.’’. 

Æ 


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