31 U.S.C. § 6901 — Definitions

Page 552 TITLE 31—MONEY AND FINANCE § 6901 CHAPTER 69—PAYMENT FOR ENTITLEMENT LAND Sec. 6901. Definitions. 6902. Authority and eligibility. 6903. Payments. 6904. Additional payments. 6905. Redwood National Park and the Lake Tahoe Basin. 6906. Funding. 6907. State legislation requiring reallocation or re- distribution of payments to smaller units of general purpose government. Editorial Notes AMENDMENTS 2008—Pub. L. 110–343, div. C, title VI, § 601(c)(2), Oct. 3, 2008, 122 Stat. 3911, added item 6906 and struck out former item 6906 ‘‘Authorization of appropriations’’. 1994—Pub. L. 103–272, § 4(f)(1)(U)(i), July 5, 1994, 108 Stat. 1362, added item 6907. § 6901. Definitions In this chapter— (1) ‘‘entitlement land’’ means land owned by the United States Government— (A) that is in the National Park System or the National Forest System, including wil- derness areas and lands described in section 2 of the Act of June 22, 1948 (16 U.S.C. 577d), and section 1 of the Act of June 22, 1956 (16 U.S.C. 577d–1); (B) the Secretary of the Interior admin- isters through the Bureau of Land Manage- ment; (C) dedicated to the use of the Government for water resource development projects; (D) on which are located semi-active or in- active installations (except industrial instal- lations) that the Secretary of the Army keeps for mobilization and for reserve com- ponent training; (E) that is a dredge disposal area under the jurisdiction of the Secretary of the Army; (F) that is located in the vicinity of Purga- tory River Canyon and Pinon Canyon, Colo- rado, and acquired after December 23, 1981, by the United States Government to expand the Fort Carson military installation; (G) that is a reserve area (as defined in section 401(g)(3) of the Act of June 15, 1935 (16 U.S.C. 715s(g)(3))); or (H) acquired by the Secretary of the Inte- rior or the Secretary of Agriculture under section 5 of the Southern Nevada Public Land Management Act of 1998 that is not otherwise described in subparagraphs (A) through (G). (2)(A) ‘‘unit of general local government’’ means— (i) a county (or parish), township, borough, or city (other than in Alaska) where the city is independent of any other unit of general local government, that— (I) is within the class or classes of such political subdivision in a State that the Secretary of the Interior, in his discretion, determines to be the principal provider or providers of governmental services within the State; and (II) is a unit of general government, as determined by the Secretary of the Inte- rior on the basis of the same principles as were used by the Secretary of Commerce on January 1, 1983, for general statistical purposes; (ii) any area in Alaska that is within the boundaries of a census area used by the Sec- retary of Commerce in the decennial census, but that is not included within the boundary of a governmental entity described under clause (i); (iii) the District of Columbia; (iv) the Commonwealth of Puerto Rico; (v) Guam; and (vi) the Virgin Islands. (B) the term ‘‘governmental services’’ in- cludes, but is not limited to, those services that relate to public safety, the environment, housing, social services, transportation, and governmental administration. (Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1031; Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 323; Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1775; Pub. L. 103–272, § 4(f)(3), July 5, 1994, 108 Stat. 1364; Pub. L. 104–333, div. I, title X, § 1033(a), Nov. 12, 1996, 110 Stat. 4239; Pub. L. 105–83, title III, § 350, Nov. 14, 1997, 111 Stat. 1607; Pub. L. 105–263, § 5(d), Oct. 19, 1998, 112 Stat. 2348.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 6901(1) (A)–(F). 31:1606(a)(1)–(3), (5), (b). Oct. 20, 1976, Pub. L. 94–565, § 6(a)(1)–(3), (5), (b), (c), 90 Stat. 2665; Dec. 23, 1981, Pub. L. 97–99, § 912(a)(2), 95 Stat. 1387. 31:1606(a)(4). Oct. 20, 1976, Pub. L. 94–565, § 6(a)(4), 90 Stat. 2665; re- stated Oct. 17, 1978, Pub. L. 95–469, § 3(1), 92 Stat. 1321; Dec. 23, 1981, Pub. L. 97–99, § 912(a)(1), 95 Stat. 1387. 31:1606(a)(6). Oct. 20, 1976, Pub. L. 94–565, 90 Stat. 2662, § 6(a)(6); added Dec. 23, 1981, Pub. L. 97–99, § 912(a)(3), 95 Stat. 1387. 6901(1)(G) 16:715s(h)(1). June 15, 1935, ch. 261, 49 Stat. 378, § 401(h)(1); added Oct. 17, 1978, Pub. L. 95–469, § 1(a)(4), 92 Stat. 1321. 6901(2) ..... 31:1606(c). In clause (1), before subclause (A), the text of 31:1606(b) is omitted as unnecessary because of the re- statement of the source provisions. In subclause (A), the word ‘‘and’’ is substituted for ‘‘within each, or any combination thereof’’ to eliminate unnecessary words. The words ‘‘but not limited to’’ are omitted as surplus. In subclause (D), the words ‘‘effective October 1, 1978’’ are omitted as executed. The words ‘‘Secretary of the Army’’ are substituted for ‘‘Army’’ for consistency. In subclause (E), the words ‘‘owned by the United States’’ are omitted as surplus. The words ‘‘Secretary of the Army’’ are substituted for ‘‘Army Corps of Engineers’’ because of 10:3012. In subclause (F), the word ‘‘Govern- ment’’ is added for clarity. In subclause (G), the words ‘‘In administering sections 1601 to 1607 of title 31’’ are omitted as unnecessary. The words ‘‘for fiscal years oc- curring after September 30, 1978’’ are omitted as exe- cuted. Subclause (G) is substituted for 16:715s(h)(1) be- cause of the restatement. In clause (2), before subclause (A), the word ‘‘general’’ is added for consistency in the title. In subclause (A), the word ‘‘parish’’ is omitted as unnecessary because of 1:2. The word ‘‘city’’ is substituted for ‘‘municipality’’ for consistency in the subtitle. The words ‘‘State of’’ are omitted as surplus. The words ‘‘political subdivi- Page 553 TITLE 31—MONEY AND FINANCE § 6902 1 So in original. Probably should not be capitalized. 2 So in original. Probably should be ‘‘this chapter’’. sion of a State’’ are substituted for ‘‘unit of govern- ment below the State’’ for consistency. The words ‘‘the basis of’’ are omitted as surplus. The word ‘‘basis’’ is substituted for ‘‘principle’’ for consistency in the sub- title. The words ‘‘Secretary of Commerce’’ are sub- stituted for ‘‘Bureau of the Census’’, and the words ‘‘general purpose political subdivision of a State’’ are substituted for ‘‘unit of general government’’, for con- sistency. In subclause (B), the words ‘‘Such term also includes’’ are omitted as unnecessary. Subclause (D) is added because of section 502 of the Covenant to Estab- lish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. Editorial Notes REFERENCES IN TEXT Section 5 of the Southern Nevada Public Land Man- agement Act of 1998, referred to in par. (1)(H), is section 5 of Pub. L. 105–263, Oct. 19, 1998, 112 Stat. 2347, subsec. (d) of which amended this section. Subsecs. (a) to (c) of section 5, which related to acquisition of certain envi- ronmentally sensitive land, are not classified to the Code. AMENDMENTS 1998—Par. (1)(H). Pub. L. 105–263 added subpar. (H). 1997—Par. (2)(A)(i). Pub. L. 105–83 inserted ‘‘(other than in Alaska)’’ after ‘‘borough, or city’’. 1996—Par. (2). Pub. L. 104–333 amended par. (2) gen- erally. Prior to amendment, par. (2) read as follows: ‘‘ ‘unit of general local government’ means: ‘‘(A) a county (or parish), township, borough, or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his discre- tion, determines to be the principal provider or pro- viders of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Sec- retary of Commerce for general statistical purposes. The term ‘governmental services’ includes, but is not limited to, those services that relate to public safety, environment, housing, social services, transpor- tation, and governmental administration; ‘‘(B) the District of Columbia; ‘‘(C) the Commonwealth of Puerto Rico; ‘‘(D) Guam; and ‘‘(E) the Virgin Islands.’’ 1994—Par. (2)(A). Pub. L. 103–272 amended Pub. L. 100–446. See 1988 Amendment note below. 1988—Par. (2)(A). Pub. L. 100–446, as amended by Pub. L. 103–272, struck out ‘‘existing in Alaska on October 20, 1976’’ after ‘‘township, borough’’. 1983—Par. (2). Pub. L. 98–63 amended par. (2) gen- erally, substituting in subpar. (A) ‘‘a county (or par- ish), township, borough existing in Alaska on October 20, 1976, or city where the city is independent of any other unit of general local government, that: (i) is within the class or classes of such political subdivisions in a State that the Secretary of the Interior, in his dis- cretion, determines to be the principal provider or pro- viders of governmental services within the State; and (ii) is a unit of general government as determined by the Secretary of the Interior on the basis of the same principles as were used on January 1, 1983, by the Sec- retary of Commerce for general statistical purposes. The term ‘governmental services’ includes, but is not limited to, those services that relate to public safety, environment, housing, social services, transportation, and governmental administration’’ for ‘‘a county, city, township, borough existing in Alaska on October 20, 1976, or other political subdivision of a State that the Secretary of the Interior, on the same basis that the Secretary of Commerce uses for general statistical pur- poses, decides is a general purpose political subdivision of a State’’; including the District of Columbia in defi- nition; and excluding the Commonwealth of the North- ern Mariana Islands from definition. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–272, § 4(f)(3), July 5, 1994, 108 Stat. 1364, provided that the amendment made by that section is effective Sept. 27, 1988. SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–263, § 1, Oct. 19, 1998, 112 Stat. 2343, pro- vided that: ‘‘This Act [amending this section and sec- tion 460ccc–1 of Title 16, Conservation] may be cited as the ‘Southern Nevada Public Land Management Act of 1998’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–397, § 1, Oct. 22, 1994, 108 Stat. 4156, pro- vided that: ‘‘This Act [amending sections 6902 and 6903 of this title and enacting provisions set out as notes under sections 6902 and 6903 of this title] may be cited as the ‘Payments In Lieu of Taxes Act’.’’ § 6902. Authority and Eligibility 1 (a)(1) Except as provided in paragraph (2), the Secretary of the Interior shall make a payment for each fiscal year to each unit of general local government in which entitlement land is located as set forth in this chapter. A unit of general local government may use the payment for any governmental purpose. (2) For each unit of general local government described in section 6901(2)(A)(ii), the Secretary of the Interior shall make a payment for each fiscal year to the State of Alaska for entitle- ment land located within such unit as set forth in this chapter. The State of Alaska shall dis- tribute such payment to home rule cities and general law cities (as such cities are defined by the State) located within the boundaries of the unit of general local government for which the payment was received. Such cities may use mon- ies received under this paragraph for any gov- ernmental purpose. (b) A unit of general local government may not receive a payment for land for which pay- ment under this Act 2 otherwise may be received if the land was owned or administered by a State or unit of general local government and was exempt from real estate taxes when the land was conveyed to the United States except that a unit of general local government may receive a payment for— (1) land a State or unit of general local gov- ernment acquires from a private party to do- nate to the United States within 8 years of ac- quisition; (2) land acquired by a State through an ex- change with the United States if such land was entitlement land as defined by this chapter; or (3) land in Utah acquired by the United States for Federal land, royalties, or other as- sets if, at the time of such acquisition, a unit of general local government was entitled under applicable State law to receive pay- ments in lieu of taxes from the State of Utah for such land: Provided, however, That no pay- ment under this paragraph shall exceed the