Senate Joint Resolution No. 1–Committee on Natural Resources

(On Behalf of Legislative Committee on Public Lands)

February 4, 1999

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Referred to Committee on Natural Resources

 

SUMMARY—Urges Congress to appropriate money for, or to transfer land to, counties in Nevada that have received insufficient payments under federal Payments In Lieu of Taxes Act. (BDR R-919)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

SENATE JOINT RESOLUTIONUrging Congress to appropriate money for, or to transfer

land to, counties in the State of Nevada that have received insufficient payments under the

federal Payments In Lieu of Taxes Act.

1-1 Whereas, The Federal Government manages and controls

1-2 approximately 87 percent of the land in the State of Nevada, and in several

1-3 counties in the State of Nevada the Federal Government manages and

1-4 controls between 97 and 99 percent of the land; and

1-5 Whereas, Because the land managed and controlled by the Federal

1-6 Government in the State of Nevada is not taxable, counties that have an

1-7 extensive amount of such land located within their boundaries experience

1-8 tremendous fiscal burdens; and

1-9 Whereas, Congress enacted the Act of October 20, 1976, which, as

1-10 amended, is commonly known as the Payments In Lieu of Taxes Act, and

1-11 which requires the Federal Government to make annual payments to local

1-12 governments to compensate the local governments for the loss of revenue

1-13 they experience because of the presence of certain land within their

1-14 boundaries that is managed and controlled by the Federal Government; and

1-15 Whereas, Pursuant to the Act, the Secretary of the Interior is required

1-16 to make a payment for each fiscal year to each of the 17 counties in the

1-17 State of Nevada because those counties have such land within their

1-18 boundaries, including land that is administered by the Bureau of Land

2-1 Management, the National Park Service, the United States Fish and

2-2 Wildlife Service and the United States Forest Service; and

2-3 Whereas, The Bureau of Land Management was chosen by the

2-4 Secretary of the Interior to administer the payments required to be made

2-5 pursuant to the Act; and

2-6 Whereas, Congress appropriates money each year that the Bureau of

2-7 Land Management distributes to the counties in the State of Nevada and

2-8 other states pursuant to a statutory formula set forth in the Act; and

2-9 Whereas, From the inception of the payments in 1977 to the end of the

2-10 1997-98 fiscal year, the money appropriated by Congress has been

2-11 insufficient to provide full payment to the counties in the State of Nevada

2-12 pursuant to the statutory formula; now, therefore, be it

2-13 Resolved by the Senate and Assembly of the State of Nevada,

2-14 Jointly, That the members of the 70th session of the Nevada Legislature

2-15 hereby urge Congress to appropriate for distribution to the counties in the

2-16 State of Nevada the amount of money necessary to correct the

2-17 underpayments to those counties pursuant to the Act for the previous fiscal

2-18 years; and be it further

2-19 Resolved, That in lieu of an appropriation by Congress to correct such

2-20 underpayments, the members of the 70th session of the Nevada Legislature

2-21 hereby urge Congress to authorize the transfer of land of equivalent value

2-22 from the Federal Government to the affected counties in the State of

2-23 Nevada; and be it further

2-24 Resolved, That the Secretary of the Senate of the Nevada Legislature

2-25 prepare and transmit a copy of this resolution to the Vice President of the

2-26 United States as presiding officer of the United States Senate, the Speaker

2-27 of the House of Representatives, the Secretary of the Interior, the Director

2-28 of the Bureau of Land Management and each member of the Nevada

2-29 Congressional Delegation; and be it further

2-30 Resolved, That this resolution becomes effective upon passage and

2-31 approval.

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