First Substitute S.C.R. 6

Senator Ralph Okerlund proposes the following substitute bill:


             1     
CONCURRENT RESOLUTION CALLING ON CONGRESS TO

             2     
PROVIDE PERMANENT MULTIYEAR FUNDING FOR THE PAYMENT

             3     
IN LIEU OF TAXES PROGRAM

             4     
2014 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Chief Sponsor: Ralph Okerlund

             7     
House Sponsor: Michael E. Noel

             8     
             9      LONG TITLE
             10      General Description:
             11          This concurrent resolution of the Legislature and the Governor calls on the United
             12      States Congress to provide permanent multiyear funding for the federal Payment in
             13      Lieu of Taxes (PILT) program in future years.
             14      Highlighted Provisions:
             15          This resolution:
             16          .    recognizes the unprecedented failure of Congress to fund the federal Payment in
             17      Lieu of Taxes (PILT) program in its Consolidated Appropriations Act, 2014;
             18          .    recognizes the serious financial hardship Utah counties face if they do not receive
             19      timely annual PILT payments;
             20          .    recognizes the vital need of Utah counties to have PILT funding certainty while
             21      engaging in their annual county budget processes; and
             22          .    calls on Congress to establish reliable year-to-year funding authorization for PILT
             23      so counties may have certainty in their annual budget processes.
             24      Special Clauses:
             25          None


             26     
             27      Be it resolved by the Legislature of the state of Utah, the Governor concurring therein:
             28          WHEREAS, the federal Payment in Lieu of Taxes (PILT) program was established in
             29      1976 to offset costs incurred by counties for services provided to the federal government and to
             30      the users of public land;
             31          WHEREAS, according to State Tax Commission data and a report prepared by the Utah
             32      Automated Geographic Reference Center (AGRC), the percentages of federal land in each
             33      county that the county cannot tax . consisting of land managed by the Bureau of Land
             34      Management (BLM), the United States Forest Service, the National Park Service, and the
             35      United States Fish and Wildlife Service . are as follows:
             36          Beaver 77.2% - County still provides services on this land
             37          Box Elder 28.79% - County still provides services on this land
             38          Cache 38.13% - County still provides services on this land
             39          Carbon 47.51% - County still provides services on this land
             40          Daggett 80.50% - County still provides services on this land
             41          Davis 9.63% - County still provides services on this land
             42          Duchesne 44.77% - County still provides services on this land
             43          Emery 79.66% - County still provides services on this land
             44          Garfield 94.25% - County still provides services on this land
             45          Grand 74.67% - County still provides services on this land
             46          Iron 57.73% - County still provides services on this land
             47          Juab 72.30% - County still provides services on this land
             48          Kane 86.18% - County still provides services on this land
             49          Millard 77.20% - County still provides services on this land
             50          Morgan 4.42% - County still provides services on this land
             51          Piute 73.95% - County still provides services on this land
             52          Rich 32.21% - County still provides services on this land
             53          Salt Lake 19.32% - County still provides services on this land
             54          San Juan 66.48% - County still provides services on this land
             55          Sanpete 51.40% - County still provides services on this land
             56          Sevier 77.15% - County still provides services on this land


             57          Summit 43.78% - County still provides services on this land
             58          Tooele 44.32% - County still provides services on this land
             59          Uintah 58.94% - County still provides services on this land
             60          Utah 43.07% - County still provides services on this land
             61          Wasatch 56.13% - County still provides services on this land
             62          Washington 83.21% - County still provides services on this land
             63          Wayne 98.26% - County still provides services on this land
             64          Weber 14.23% - County still provides services on this land;
             65          WHEREAS, according to the average of estimates from the National Association of
             66      Counties, in 2013, PILT funding was about $0.66 per acre of federal land to which PILT
             67      applies;
             68          WHEREAS, $0.66 per acre is far below the amount those lands would return through
             69      value-based taxation if those lands and their facilities were subject to county taxation;
             70          WHEREAS, annual PILT payments to Utah counties, which exceeded $35.3 million in
             71      2013, have become an important component of county budgets and help Utah counties provide
             72      necessary basic services on federal lands, ranging from search and rescue to law enforcement
             73      activities;
             74          WHEREAS, removal of this annual $35.3 million funding stream for 2014 will prove
             75      detrimental to many counties in Utah that have conducted their budgeting under the assumption
             76      that they would receive at least that same amount for 2014;
             77          WHEREAS, in April 2013, the United States Department of the Interior made an
             78      annual budget request to Congress for approximately $410 million nationwide for PILT;
             79          WHEREAS, a deficit neutral placeholder for the Department of the Interior's PILT
             80      request was set to be included in the Consolidated Appropriations Act, 2014;
             81          WHEREAS, actual PILT funding, however, was not included in the final version of the
             82      bill that Congress passed January 16, 2014, and the President signed on January 17, 2014;
             83          WHEREAS, it is unprecedented that Congress has failed to include PILT funding in its
             84      major consolidated appropriations legislation;
             85          WHEREAS, Congress did appropriate $740.9 million in the Consolidated
             86      Appropriations Act, 2014, for wildland fire management activities, more than tripling BLM's
             87      initial fire management budget request of $201.3 million;


             88          WHEREAS, this funding amount represented approximately 77% of the $956.9 million
             89      that Congress appropriated for BLM's fiscal year 2014 basic operating budget;
             90          WHEREAS, it appears that the Department of the Interior's initial 2014 funding request
             91      of $410 million for PILT and other funds was absorbed, without explanation, into the
             92      department's final appropriation for wildland fire management, increasing that account by $539
             93      million, from the $201.3 million requested, to $740.9 million;
             94          WHEREAS, the Department of the Interior's wildland fire management budget would
             95      not be so large if the department would manage its lands responsibly for multiple use and
             96      sustained yield, as the state of Utah and counties in Utah have continually urged, and as the
             97      Federal Land Policy and Management Act of 1976 directs;
             98          WHEREAS, counties in Utah are required to provide law enforcement, search and
             99      rescue, emergency medical services, road building and maintenance, and other community
             100      services on, or associated with, tax-exempt federal public lands;
             101          WHEREAS, failure to provide a revenue source for PILT places a large, unsustainable
             102      burden squarely on the backs of county taxpayers and critically impacts the budget process and
             103      solvency of some public land counties;
             104          WHEREAS, the United States House of Representatives on January 30, 2014, and the
             105      United States Senate on February 4, 2014, H.R. 2642, passed the Federal Agriculture Reform
             106      and Risk Management Act of 2013, known as the Farm Bill or the Agricultural Act of 2014;
             107          WHEREAS, the Farm Bill provides for a one-year extension of PILT funding for
             108      federal fiscal year 2014;
             109          WHEREAS, had the Farm Bill not included a one-year PILT funding provision, there
             110      would not have been significant fiscal year 2014 authorizing bills with bipartisan support
             111      remaining in Congress to carry the 2014 PILT to full funding;
             112          WHEREAS, Congress, including members of Utah's delegation, should prudently and
             113      practically give serious consideration to preventing future recurrences of the PILT funding
             114      crisis that the counties of Utah had to face this year, with all of the uncertainty that
             115      accompanied this crisis;
             116          WHEREAS, the counties of Utah need and deserve long-term stability in PILT funding
             117      in a timely manner year to year, so that counties may establish their own annual operating
             118      budgets with timeliness and certainty;


             119          WHEREAS, PILT is the program by which the federal government pays a portion of
             120      the value of vital municipal services that counties provide to the federal government in its role
             121      as a major land owner in the state;
             122          WHEREAS, PILT funding should not be perennially tied to a farm bill but should have
             123      priority stand-alone treatment as a major appropriation, a cost properly born by the federal
             124      government as an untaxed major landowner in the West for county municipal services
             125      provided; and
             126          WHEREAS, Congress should legislate and authorize full PILT funding in multiyear
             127      blocks to give counties in Utah stability and predictability when setting their upcoming
             128      calendar year operating budgets:
             129          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah, the
             130      Governor concurring therein:
             131          1. recognizes the unprecedented failure of Congress to fund Payment in Lieu of Taxes
             132      payments (PILT) in the Consolidated Appropriations Act, 2014, and the uncertainty that
             133      prevailed for counties until 2014 PILT was finally provided in the 2014 Farm Bill;
             134          2. recognizes the serious financial hardship many counties in Utah would have faced if
             135      they had not received fiscal year 2014 PILT payments by June of 2014;
             136          3. recognizes the vital need of Utah counties to have timely PILT funding certainty
             137      while engaged in their annual county budget processes;
             138          4. calls on Congress and members of Utah's congressional delegation to give serious
             139      consideration to preventing future recurrences of the PILT funding crisis that the counties of
             140      Utah had to face this year, with all of the uncertainty that accompanied this crisis;
             141          5. calls on Congress to provide long-term stability in PILT funding in a timely manner
             142      year to year so that counties may establish their own annual operating budgets with timeliness
             143      and certainty;
             144          6. calls on Congress to not perennially tie PILT funding to a farm bill but give PILT
             145      priority stand-alone treatment as a major appropriation, a cost properly borne by the federal
             146      government as an untaxed major landowner in the West for county municipal services
             147      provided; and
             148          7. calls on Congress to establish reliable multiyear funding authorization for PILT so
             149      that counties may have certainty in their annual budget processes.


             150          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the President of
             151      the United States, the Majority Leader of the United States Senate, the Speaker of the United
             152      States House of Representatives, and the members of Utah's congressional delegation.


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