S.Amdt. 2602Senate116th Congress (2019-2021)2nd degree
S.Amdt. 2602
Sponsored by
Sen. Mike Lee (R-UT)
Submitted August 6, 2020
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Senate amendment submitted
August 6, 2020
Text
Submitted
SA 2602. Mr. LEE submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ____. STUDY, REPORT, AND MODELING TOOL RELATING TO THE TAX EQUIVALENT AMOUNT OF PAYMENTS UNDER THE PAYMENT IN LIEU OF TAXES PROGRAM. (a) Findings.--Congress finds that-- (1) Congress agreed with recommendations of a Federal commission that, if Federal land is to be retained by the Federal Government and not contribute to the tax bases of the local governments within the jurisdictions of which the land is located, compensation should be offered to those local governments to make up for the presence of nontaxable land within the jurisdictions of those local governments; (2) local governments rely on the stability of property tax revenues, but no precise figure can be given in advance for the authorization level of the payment in lieu of taxes program; (3) Federal agencies have determined that payments to local governments under the payment in lieu of taxes program are far lower than what would be due to local governments under tax equivalency; (4) payments under the payment in lieu of taxes program help local governments carry out vital services, such as firefighting, police protection, public education, construction of public schools, construction of roads, and search-and-rescue operations; and (5) the technology exists to more accurately determine what the taxable value of land held by the Federal Government would be if that land were taxable by local governments. (b) Sense of Congress.--It is the sense of Congress that the Federal Government should-- (1) determine the amount that payments under the payment in lieu of taxes program would be if those payments were equivalent to the tax revenues that local governments would otherwise receive for the same land; and (2) compensate those local governments accordingly. (c) Definitions.--In this section: (1) Payment in lieu of taxes program.--The term ``payment in lieu of taxes program'' means the payment in lieu of taxes program established under chapter 69 of title 31, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tax equivalent amount.--The term ``tax equivalent amount'', with respect to payments under the payment in lieu of taxes program, means the amount of property tax revenues that would be generated for local governments (including the tax revenues of States, counties, cities, and other taxing jurisdictions, as applicable) for the Federal land eligible for those payments if that land were privately owned. (d) Study, Report, and Model on Tax Equivalent Amount of PILT Payments.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture and the head of any other Federal agency that the Secretary determines to be appropriate, shall-- (A) conduct a study-- (i) to evaluate all land eligible for payments under the payment in lieu of taxes program as of the date of enactment of this Act; (ii) to determine the market value of that land in a fair and open market; and (iii) to determine the tax equivalent amount of payments under the payment in lieu of taxes program for that land; (B) submit to Congress and make publicly available a report describing-- (i) the results of the study conducted under subparagraph (A); and (ii) how payments under the payment in lieu of taxes program could more accurately reflect the tax equivalent amount; and (C) develop a modeling tool that-- (i) accounts for reasonable and customary valuation factors and assumptions; and (ii) calculates, in a timely manner, for every acre of Federal land eligible for payments under the payment in lieu of taxes program-- (I) the market value of that land; and (II) the tax equivalent amount of payments under the payment in lieu of taxes program for that land. (2) Requirements.-- (A) Study.--In conducting the study under paragraph (1)(A), the Secretary shall consider any studies conducted by States, counties, or other taxing jurisdictions pertaining to the tax equivalent amount of payments under the payment in lieu of taxes program. (B) Modeling tool.--The modeling tool developed under paragraph (1)(C) shall-- (i) accurately calculate, in real time, the market value of every acre of Federal land in the United States; (ii) enable an employee or agent of the Department of the Interior to manually modify factors relating to the valuation model used by the modeling tool to calculate, in real time, the market value of Federal land based on new assumptions relating to that land; (iii) provide technical anchors relating to market data-- (I) to ensure the ongoing integrity of the modeling tool; and (II) to ensure that the land values determined by the modeling tool are defensible and based on sound and generally accepted valuation methodologies; (iv) assimilate, in a visual interface-- (I) market data, including the availability of mineral extraction, energy production, water management, timber management, agricultural uses, and recreational uses with respect to the applicable land; and (II) geographic information systems (commonly known as ``GIS'') data relating to all Federal land eligible for payments under the payment in lieu of taxes program; (v) tie the model used by the tool to market sources, allowing the model to automatically adjust and reflect current market conditions; and (vi) allow a user of the modeling tool-- [[Page S5302]] (I) to estimate the value of Federal land as that land is currently used; and (II) to estimate changes in that value due to future uses under various scenarios under private or public ownership. (3) Contracts and consultants.--The Secretary may contract or consult with any public or private entity to analyze data, conduct research, or develop a model that would contribute to the report and modeling tool developed by the Secretary under this subsection. ______