H.R. 8859, Secure Rural and Tribal Lands Act
Summary
House bill 8859, the Secure Rural and Tribal Lands Act, is a bill to amend title VI of the Social Security Act to improve the Local Assistance and Tribal Consistency Fund, and for other purposes. Neguse introduced it on September 15, 2022, and it was referred to the Committee on Oversight and Reform. Section 2 amends section 605 of the Social Security Act to provide for payments to eligible revenue sharing recipients, eligible Tribal governments, and territories, allocated and paid not later than December 31, 2022. The Secretary shall reserve $1,485,000,000 for revenue sharing counties, $500,000,000 for eligible Tribal governments, and $15,000,000 for territories.
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“H.R. 8859, Secure Rural and Tribal Lands Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr8859ih-bills-117hr8859ih/
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I
117TH CONGRESS
2D SESSION
H. R. 8859
To amend title VI of the Social Security Act to improve the Local Assistance
and Tribal Consistency Fund, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 15, 2022
Mr. NEGUSE introduced the following bill; which was referred to the
Committee on Oversight and Reform
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 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Secure Rural and Trib-
5 al Lands Act’’.
6 SEC. 2. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY
7 FUND.
8 (a) IN GENERAL.—Section 605 of the Social Security
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9 Act (42 U.S.C. 805) is amended—
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2
1 (1) in subsection (a), by striking ‘‘with amounts
2 to be obligated’’ and all that follows through the pe-
3 riod and inserting ‘‘for making payments under this
4 section to eligible revenue sharing recipients, eligible
5 Tribal governments, and territories, with amounts to
6 be allocated and paid in accordance with subsection
7 (b) not later than December 31, 2022.’’; and
8 (2) by striking subsections (b) through (f) and
9 inserting the following:
10 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
11 ‘‘(1) ALLOCATIONS AND PAYMENTS TO ELIGI-
12 BLE REVENUE SHARING RECIPIENTS.—
13 ‘‘(A) REVENUE SHARING COUNTIES.—
14 ‘‘(i) ALLOCATIONS.—The Secretary
15 shall reserve $1,485,000,000 of the total
16 amount appropriated under subsection (a)
17 to allocate to each revenue sharing county
18 an amount determined by the Secretary,
19 taking into account—
20 ‘‘(I) the amount of entitlement
21 land and Federal land in each revenue
22 sharing county; and
23 ‘‘(II) the economic conditions of
24 each revenue sharing county, using
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25 such measurements of poverty, house-
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1 hold income, and unemployment over
2 the most recent 20-year period as of
3 September 30, 2021, to the extent
4 data are available, as well as other
5 economic indicators as the Secretary
6 determines appropriate.
7 ‘‘(ii) PAYMENTS.—Subject to subpara-
8 graph (B)(ii), the Secretary shall pay each
9 revenue sharing county that is an eligible
10 revenue sharing county the amount deter-
11 mined for the county under clause (i).
12 ‘‘(B) SPECIAL RULES.—
13 ‘‘(i) REVENUE SHARING COUNTIES
14 WITH LIMITED GOVERNMENT FUNC-
15 TIONS.—In the case of an amount allo-
16 cated to a revenue sharing county under
17 subparagraph (A) that is a county with
18 limited government functions, the Sec-
19 retary shall, from such amount, allocate
20 and pay to each eligible revenue sharing
21 local government within such county an
22 amount determined by the Secretary, tak-
23 ing into account the amount of entitlement
24 land and Federal land in the eligible rev-
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25 enue sharing local government and the
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1 population of the eligible revenue sharing
2 local government relative to the total popu-
3 lation of such county with limited govern-
4 ment functions.
5 ‘‘(ii) ELIGIBLE REVENUE SHARING
6 COUNTY IN ALASKA.—In the case of the el-
7 igible revenue sharing county described in
8 subsection (f)(3)(C), the Secretary shall
9 pay the amount allocated to such eligible
10 revenue sharing county under subpara-
11 graph (A) to the State of Alaska and the
12 State of Alaska shall distribute from such
13 payment, payments to home rule cities and
14 general law cities (as such cities are de-
15 fined by the State) located within the
16 boundaries of the eligible revenue sharing
17 county described in subsection (f)(3)(C).
18 ‘‘(C) PRO RATA ADJUSTMENT AUTHOR-
19 ITY.—The amounts otherwise determined for al-
20 location and payment under subparagraphs (A)
21 and (B) may be adjusted by the Secretary on
22 a pro rata basis to the extent necessary to en-
23 sure that all available funds are allocated and
24 paid to eligible revenue sharing recipients in ac-
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1 cordance with the requirements specified in
2 each such subparagraph.
3 ‘‘(2) ALLOCATIONS AND PAYMENTS TO ELIGI-
4 BLE TRIBAL GOVERNMENTS.—The Secretary shall
5 reserve $500,000,000 of the total amount appro-
6 priated under subsection (a) to allocate and pay to
7 eligible Tribal governments amounts that are deter-
8 mined by the Secretary taking into account economic
9 conditions of each eligible Tribe.
10 ‘‘(3) ALLOCATIONS AND PAYMENTS TO TERRI-
11 TORIES.—The Secretary shall reserve $15,000,000
12 of the total amount appropriated under subsection
13 (a) to allocate and pay to each territory an amount
14 which bears the same proportion to the amount re-
15 served under this paragraph as the population of the
16 territory bears to the total population of all the ter-
17 ritories.
18 ‘‘(c) USE OF PAYMENTS.—An eligible revenue shar-
19 ing recipient, an eligible Tribal government, or a territory
20 may use funds provided under a payment made under this
21 section for any governmental purpose other than a lob-
22 bying activity.
23 ‘‘(d) REPORTING REQUIREMENT.—Each eligible rev-
24 enue sharing recipient and each territory that receives a
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25 payment under this section shall submit to the Secretary
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1 periodic reports providing a detailed accounting of the use
2 of funds by the eligible revenue sharing recipient or terri-
3 tory, as applicable, and such other information as the Sec-
4 retary may require for the administration of this section.
5 ‘‘(e) RECOUPMENT.—Any eligible revenue sharing re-
6 cipient or any territory that has failed to submit a report
7 required under subsection (d) or failed to comply with sub-
8 section (c), shall be required to repay to the Secretary an
9 amount equal to—
10 ‘‘(1) in the case of a failure to comply with sub-
11 section (c), the amount of funds used in violation of
12 such subsection; and
13 ‘‘(2) in the case of a failure to submit a report
14 required under subsection (d), such amount as the
15 Secretary determines appropriate, but not to exceed
16 5 percent of the amount paid to the eligible revenue
17 sharing recipient or the territory under this section.
18 ‘‘(f) DEFINITIONS.—In this section:
19 ‘‘(1) COUNTY.—The term ‘county’ means a
20 county, parish, borough, or other equivalent county
21 division (as defined by the Bureau of the Census) in
22 1 of the 50 States.
23 ‘‘(2) COUNTY WITH LIMITED GOVERNMENT
24 FUNCTIONS.—The term ‘county with limited govern-
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25 ment functions’ means a county in which entitlement
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1 land or Federal land is located that is not an eligible
2 revenue sharing county.
3 ‘‘(3) ELIGIBLE REVENUE SHARING COUNTY.—
4 The term ‘eligible revenue sharing county’ means—
5 ‘‘(A) a unit of general local government (as
6 defined in section 6901(2) of title 31, United
7 States Code) that is—
8 ‘‘(i) a county in which entitlement
9 land is located and which is eligible for a
10 payment under section 6902(a) of title 31,
11 United States Code; or
12 ‘‘(ii) a county that contains Federal
13 land;
14 ‘‘(B) the District of Columbia; and
15 ‘‘(C) the combined area in Alaska that is
16 within the boundaries of a census area used by
17 the Secretary of Commerce in the decennial
18 census, but that is not included within the
19 boundary of a unit of general local government
20 described in subparagraph (A).
21 ‘‘(4) ELIGIBLE REVENUE SHARING LOCAL GOV-
22 ERNMENT.—The term ‘eligible revenue sharing local
23 government’ means a unit of general local govern-
24 ment (as defined in section 6901(2) of title 31,
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1 United States Code) that is not a county or territory
2 and—
3 ‘‘(A) in which entitlement land is located
4 and which is eligible for a payment under sec-
5 tion 6902(a) of title 31, United States Code; or
6 ‘‘(B) in which Federal land is located.
7 ‘‘(5) ELIGIBLE REVENUE SHARING RECIPI-
8 ENTS.—The term ‘eligible revenue sharing recipi-
9 ents’ means, collectively, eligible revenue sharing
10 counties and eligible revenue sharing local govern-
11 ments.
12 ‘‘(6) ELIGIBLE TRIBAL GOVERNMENT.—The
13 term ‘eligible Tribal government’ means the recog-
14 nized governing body of an eligible Tribe.
15 ‘‘(7) ELIGIBLE TRIBE.—The term ‘eligible
16 Tribe’ means any Indian or Alaska Native tribe,
17 band, nation, pueblo, village, community, component
18 band, or component reservation, individually identi-
19 fied (including parenthetically) in the list published
20 on January 28, 2022, pursuant to section 104 of the
21 Federally Recognized Indian Tribe List Act of 1994.
22 ‘‘(8) ENTITLEMENT LAND.—The term ‘entitle-
23 ment land’ has the meaning given such term in sec-
24 tion 6901(1) of title 31, United States Code.
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1 ‘‘(9) FEDERAL LAND.—The term ‘Federal land’
2 has the meaning given such term in section 3(7) of
3 the Secure Rural Schools and Community Self-De-
4 termination Act of 2000.
5 ‘‘(10) REVENUE SHARING COUNTY.—The term
6 ‘revenue sharing county’ means—
7 ‘‘(A) an eligible revenue sharing county; or
8 ‘‘(B) a county with limited government
9 functions.
10 ‘‘(11) SECRETARY.—The term ‘Secretary’
11 means the Secretary of the Treasury.
12 ‘‘(12) TERRITORY.—The term ‘territory’
13 means—
14 ‘‘(A) the Commonwealth of Puerto Rico;
15 ‘‘(B) the United States Virgin Islands;
16 ‘‘(C) Guam;
17 ‘‘(D) the Commonwealth of the Northern
18 Mariana Islands; or
19 ‘‘(E) American Samoa.’’.
20 (b) DEPARTMENT OF THE TREASURY ADMINISTRA-
21 TIVE EXPENSES.—
22 (1) IN GENERAL.—Notwithstanding any other
23 provision of law, the unobligated balances from
24 amounts made available to the Secretary of the
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25 Treasury (referred to in this subsection as the ‘‘Sec-
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1 retary’’) for administrative expenses pursuant to the
2 provisions specified in paragraph (2) shall be avail-
3 able to the Secretary (in addition to any other ap-
4 propriations provided for such purpose) for any ad-
5 ministrative expenses of the Department of the
6 Treasury determined by the Secretary to be nec-
7 essary to respond to the coronavirus emergency, in-
8 cluding any expenses necessary to implement any
9 provision of—
10 (A) the Coronavirus Aid, Relief, and Eco-
11 nomic Security Act (Public Law 116–136);
12 (B) division N of the Consolidated Appro-
13 priations Act, 2021 (Public Law 116–260);
14 (C) the American Rescue Plan Act (Public
15 Law 117–2); or
16 (D) title VI of the Social Security Act (42
17 U.S.C. 801 et seq.).
18 (2) PROVISIONS SPECIFIED.—The provisions
19 specified in this paragraph are the following:
20 (A) Sections 4003(f) and 4112(b) of the
21 Coronavirus Aid, Relief, and Economic Security
22 Act (Public Law 116–136).
23 (B) Section 421(f)(2) of division N of the
24 Consolidated Appropriations Act, 2021 (Public
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25 Law 116–260).
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1 (C) Sections 3201(a)(2)(B),
2 3206(d)(1)(A), and 7301(b)(5) of the American
3 Rescue Plan Act of 2021 (Public Law 117–2).
4 (D) Section 602(a)(2) of the Social Secu-
5 rity Act (42 U.S.C. 802(a)(2)).
Æ
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