II 117th CONGRESS 2d Session S. 4878 IN THE SENATE OF THE UNITED STATES September 15, 2022 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend title VI of the Social Security Act to improve the Local Assistance and Tribal Consistency Fund, and for other purposes.

1. Short title This Act may be cited as the Secure Rural and Tribal Lands Act . 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) ).