Land-In-Trust Impact Aid and PILT Equity Act of 2008

Land-In-Trust Impact Aid and PILT Equity Act of 2008 - Amends the Elementary and Secondary Education Act of 1965 to ensure that local educational agencies (LEAs) receive full payment under the Impact Aid program, which compensates LEAs for the financial burden of federal activities affecting their school districts, for federal property within their districts that is held in trust for federally recognized Indian tribes or individual Indians.

Directs the Secretary of the Interior to make full payments in lieu of taxes (PILT) to local governments that have federal lands within their areas that are held in trust for federally recognized Indian tribes or individual Indians.

[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 7251 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7251

 To amend the Elementary and Secondary Education Act of 1965 to ensure 
 that local educational agencies receive Impact Aid payments for lands 
held in trust for the benefit of a federally recognized Indian tribe or 
 individual Indian and to amend title 31 of the United States Code to 
  ensure that local governments receive payments in lieu of taxes for 
 lands held in trust for the benefit of a federally recognized Indian 
                      tribe or individual Indian.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 2, 2008

  Mr. McHugh introduced the following bill; which was referred to the 
 Committee on Education and Labor, and in addition to the Committee on 
 Natural Resources, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Elementary and Secondary Education Act of 1965 to ensure 
 that local educational agencies receive Impact Aid payments for lands 
held in trust for the benefit of a federally recognized Indian tribe or 
 individual Indian and to amend title 31 of the United States Code to 
  ensure that local governments receive payments in lieu of taxes for 
 lands held in trust for the benefit of a federally recognized Indian 
                      tribe or individual Indian.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Land-In-Trust Impact Aid and PILT 
Equity Act of 2008''.

SEC. 2. IMPACT AID FOR CERTAIN LANDS HELD IN TRUST.

    Section 8002 of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7702) is amended by adding at the end the following:
    ``(o) Eligibility for Certain Lands Held in Trust.--
            ``(1) In general.--For each fiscal year that begins after 
        the date of enactment of the Land-In-Trust Impact Aid and PILT 
        Equity Act of 2008, a local educational agency will have met 
        the requirements of subsections (a)(1)(C) and (a)(2) if the 
        Federal property in the local educational agency is land held 
        in trust by the United States for the benefit of a federally 
        recognized Indian tribe or an individual Indian.
            ``(2) Mandatory funding if appropriations insufficient.--
        For each fiscal year that begins after the date of enactment of 
        the Land-In-Trust Impact Aid and PILT Equity Act of 2008, after 
        the application of subsection (h), the Secretary of the 
        Treasury shall transfer directly to the Secretary of Education 
        from the general fund of the Treasury, without further 
        appropriation, such further amounts as are necessary to ensure 
        that each local educational agency described in paragraph 1 
        receives full payment under this section with respect to the 
        Federal property in the local education agency that is land 
        described in paragraph (1).''.

SEC. 3. PAYMENTS FOR CERTAIN LANDS HELD IN TRUST.

    (a) Lands Held in Trust as Entitlement Land.--Section 6901(1) of 
title 31, United States Code, is amended--
            (1) in subparagraph (G) by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (H) by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(I) that is held in trust by the United States 
                for the benefit of a federally recognized Indian tribe 
                or an individual Indian.''.
    (b) Mandatory Payments for Certain Lands Held in Trust.--Chapter 69 
of title 31, United States Code, is amended by adding at the end the 
following:

``SEC. 6908 MANDATORY PAYMENTS FOR CERTAIN LANDS HELD IN TRUST.

    ``Before making any other payments under this chapter from the 
amount appropriated for this chapter, for each fiscal year that begins 
after the date of enactment of the Land-In-Trust Impact Aid and PILT 
Equity Act of 2008, the Secretary of the Interior shall pay each unit 
of general local government such amounts as are necessary to ensure 
that such unit of general local government receives full payment under 
this chapter for the entitlement land described in section 6901(1)(I) 
that is located within such unit of general local government.''.
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