I
103D CONGRESS
1ST SESSION
H. R. 3673
To minimize the impact of Federal acquisition of private lands on units
of local government, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 22, 1993
Mr. HERGER introduced the following bill; which was referred to the
Committee on Government Operations
A BILL
To minimize the impact of Federal acquisition of private
lands on units of local government, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Land Acquisi-
tion Impact Relief Act of 1993.
SEC. 2. FINDINGS.
Congress finds that—
(1) land that is held by agencies of the Federal
Government does not fully contribute to the tax base
of overburdened units of local government;
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(2) further acquisitions of private lands by Fed-
eral agencies have the potential to impose severe
hardships on units of local government; and
(3) when it is clearly in the national interest for
the Federal Government to acquire private lands,
other than by a contemporaneous exchange involving
Federal land, Federal agencies should minimize the
impact of Federal acquisition on units of local
government.
SEC. 3. DECLARATION OF POLICY.
It is the policy of Congress that—
(1) Federal agencies should not acquire private
land, other than by exchange, unless the acquisition
is clearly in the national interest;
(2) the acquisition of private land by a Federal
agency should be based on a careful analysis of the
full range of the benefits and costs of Federal acqui-
sition; and
(3) the acquisition of private land by a Federal
agency should not result in a net loss of local tax
revenues to the relevant unit of local government.
SEC. 4. DEFINITIONS.
As used in this Act:
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(1) AGENCY.—The term ‘‘agency’’ has the same
meaning as is provided for ‘‘Executive agency’’ in
section 105 of title 5, United States Code.
(2) UNIT OF LOCAL GOVERNMENT.—The term
‘‘unit of local government’’ means—
(A) any county, municipality, or other po-
litical subdivision of a State, having authority
under the laws of the State to levy and collect
taxes upon real property; or
(B) the District of Columbia.
(3) REAL PROPERTY TAXES.—The term ‘‘real
property taxes’’ means all taxes, whether ad valorem
or otherwise, applicable with respect to real prop-
erty, including special assessments, assessments for
benefit, or other charges of general application
against land in favor of a State or local govern-
mental unit.
(4) STATE.—The term ‘‘State’’ means any of
the several States, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana
Islands, or any territory and possession of the
United States.
SEC. 5. ECONOMIC IMPACT ANALYSIS.
(a) IN GENERAL.—Prior to each acquisition of pri-
vate land by an agency, the head of the agency shall pre-
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pare an economic impact analysis in accordance with this
section.
(b) CONTENTS.—In preparing the economic impact
analysis, the head of the agency shall, at a minimum, ana-
lyze—
(1) the extent to which alternative means to
Federal acquisition are available to serve the Federal
resource management objectives at issue;
(2) any tax payment loss to the relevant unit of
local government;
(3) the effects of the tax payment loss on the
delivery of governmental services by the unit;
(4) the effects on local employment and income;
and
(5) any potential limitations that the Federal
acquisition would pose for future community expan-
sion.
(c) CONSULTATION.—The agency shall consult with
the relevant unit of local government during the prepara-
tion of the economic impact analysis.
(d) NOTICE AND COMMENT.—The agency shall pro-
vide an opportunity for notice and comment in connection
with the preparation of the economic impact analysis.
SEC. 6. TAX EQUIVALENCY PAYMENTS.
(a) IN GENERAL.—
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(1) IN GENERAL.—For each parcel of private
land acquired by an agency after October 1, 1992,
other than by contemporaneous land exchange, the
head of the agency shall pay annually to the unit of
local government in which the parcel is located an
amount equal to the real property taxes computed
on the current market value of the parcel, as deter-
mined in accordance with paragraph (2).
(2) CURRENT MARKET VALUE.—
(A) INITIAL
VALUE.—The initial current
market value of a parcel shall be equal to the
purchase price per acre multiplied by the num-
ber of acres acquired by the Federal Govern-
ment.
(B) ADJUSTMENTS.—The unit of local
government may adjust the current market
value of a parcel to reflect adjustments in the
current market value of other lands within the
jurisdiction.
(3) SPECIAL FORMULAS.—In computing a tax
equivalency payment under this subsection, special
farm or forest use formulas, which may vary from
State to State, shall not be applied to the value of
the parcel.