§ 6904. — Additional payments.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 31USC6904]
TITLE 31--MONEY AND FINANCE
SUBTITLE V--GENERAL ASSISTANCE ADMINISTRATION
CHAPTER 69--PAYMENT FOR ENTITLEMENT LAND
Sec. 6904. Additional payments
(a) In addition to payments the Secretary of the Interior makes
under section 6902 of this title, the Secretary shall make a payment for
each fiscal year to a unit of general local government collecting and
distributing real property taxes (including a unit in Alaska outside the
boundaries of an organized borough) in which is located an interest in
land that--
(1) the United States Government acquires for--
(A) the National Park System; or
(B) the National Forest Wilderness Areas; and
(2) was subject to local real property taxes within the 5-year
period before the interest is acquired.
(b) The Secretary shall make payments only for the 5 fiscal years
after the fiscal year in which the interest in land is acquired. Under
guidelines the Secretary prescribes, the unit of general local
government receiving the payment from the Secretary shall distribute
payments proportionally to units and school districts that lost real
property taxes because of the acquisition of the interest. A unit
receiving a distribution may use a payment for any governmental purpose.
(c) Each yearly payment by the Secretary under this section is equal
to one percent of the fair market value of the interest in land on the
date the Government acquires the interest. However, a payment may not be
more than the amount of real property taxes levied on the property
during the last fiscal year before the fiscal year in which the interest
is acquired. A decision on fair market value under this section may not
include an increase in the value of an interest because the land is
rezoned when the rezoning causes the increase after the date of
enactment of a law authorizing the acquisition of an interest under
subsection (a) of this section.
(d) The Secretary may prescribe regulations under which payments may
be made to units of general local government when subsections (a) and
(b) of this section will not carry out the purpose of subsections (a)
and (b).
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 1033.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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6904(a).............................. 31:1603(a)(1st, 3d sentences). Oct. 20, 1976, Pub. L. 94-565, Sec. 3(a)-
(d), 90 Stat. 2663.
31:1603(e). Oct. 20, 1976, Pub. L. 94-565, 90 Stat.
2662, Sec. 3(e); added Oct. 17, 1978,
Pub. L. 95-469, Sec. 3(3), 92 Stat.
1322.
6904(b).............................. 31:1603(a)(2d sentence), (b),
(d).
6904(c).............................. 31:1603(c).
6904(d).............................. 31:1603(a)(last sentence).
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In the section, the words ``land or'' are omitted as being included
in ``interest in land''.
In subsection (a), before clause (1), the words ``the Secretary of
the Interior makes'' are added for clarity. The words ``unit of general
local government collecting and distributing real property taxes
(including a unit in Alaska outside the boundaries of an organized
borough)'' are substituted for ``county'' and 31:1603(a)(3d sentence)
and (e) to eliminate unnecessary words. The words ``the jurisdiction
of'' are omitted as surplus. In subclause (A), the words ``for the
Redwood National Park pursuant to subchapter VII of chapter 1 of title
16'' are omitted as executed because the Redwood National Park is now
part of the National Park System.
In subsection (b), the words ``The Secretary shall make payments
only for the 5 fiscal years after the fiscal year in which the interest
in land is acquired'' are substituted for 31:1603(b)(1st sentence) and
(d) to eliminate unnecessary words. The words ``affected'' and ``for
addition to either such systems'' are omitted as surplus. The words
``receiving a distribution'' are added for clarity.
In subsection (c), the words ``The amount of . . . made . . . fiscal
. . . to any unit of local government and affected school districts''
are omitted as surplus. The words ``by the Secretary'' are added for
clarity. The words ``made for any fiscal year to a unit of local
government under subsection (a) of this section'', ``assessed and'',
``full'', and ``for addition to the National Park System or National
Forest Wilderness Areas'' are omitted as surplus.
Section Referred to in Other Sections
This section is referred to in section 6905 of this title; title 16
sections 79o, 460aaa-2, 698u-4, 698v-3; title 43 section 1457a.
