{"identifier":"/us/usc/t42/s805","title":42,"num":"\u00a7\u202f805.","heading":"Local assistance and Tribal consistency fund","text":"\u00a7\u202f805.\nLocal assistance and Tribal consistency fund\n(a)\nAppropriation\nIn addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 to remain available until\nSeptember 30, 2023\n(b)\nAuthority to make payments\n(1)\nPayments to eligible revenue sharing counties\nFor each of fiscal years 2022 and 2023, the Secretary shall reserve $750,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each eligible revenue sharing county in amounts that are determined by the Secretary taking into account economic conditions of each eligible revenue sharing county, using measurements of poverty rates, household income, land values, and unemployment rates as well as other economic indicators, over the 20-year period ending with\nSeptember 30, 2021\n(2)\nPayments to eligible Tribal governments\nFor each of fiscal years 2022 and 2023, the Secretary shall reserve $250,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments in amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe.\n(c)\nUse of payments\nAn eligible revenue sharing county, an eligible Tribal government, or an eligible revenue sharing consolidated government may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity.\n(d)\nReporting requirement\nAny eligible revenue sharing county or eligible revenue sharing consolidated government receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of fund by such eligible revenue sharing county or eligible revenue sharing consolidated government and such other information as the Secretary may require for the administration of this section.\n(e)\nRecoupment\nAny eligible revenue sharing county or eligible revenue sharing consolidated government that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to\u2014\n(1) in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and\n(2) in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing county or eligible revenue sharing consolidated government under this section for all fiscal years.\n(f)\nDefinitions\nIn this section:\n(1)\nEligible revenue sharing consolidated government\nThe term \u201celigible revenue sharing consolidated government\u201d means a county, parish, or borough\u2014\n(A) that has been classified by the Bureau of the Census as an active government consolidated with another government; and\n(B) for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program.\n(2)\nEligible revenue sharing county\nThe term \u201celigible revenue sharing county\u201d means\u2014\n(A) a county, parish, or borough\u2014\n(i) that is independent of any other unit of local government; and\n(ii) that, as determined by the Secretary, is the principal provider of government services for the area within its jurisdiction; and\n(iii) for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program; and\n(B) the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.\n(3)\nEligible Tribal government\nThe term \u201celigible Tribal government\u201d means the recognized governing body of an eligible Tribe.\n(4)\nEligible Tribe\nThe term \u201celigible Tribe\u201d means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of\nMarch 11, 2021\nsection 5131 of title 25\n(5)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of the Treasury.\n(g)\nPayments to eligible revenue sharing consolidated governments\n(1)\nPayments to eligible revenue sharing consolidated governments for fiscal years 2023 and 2024\nThe Secretary shall allocate and pay to each eligible revenue sharing consolidated government for each of fiscal years 2023 and 2024 an amount equal to the amount that the Secretary would have allocated to such eligible revenue sharing consolidated government for fiscal year 2022 if all eligible revenue sharing consolidated governments had been treated as eligible revenue sharing counties for purposes of being eligible for payments under subsection (b)(1) for such fiscal year using the allocation methodology adopted by the Department of the Treasury for such eligible revenue sharing counties as of\nDecember 29, 2022\n(2)\nFunding for payments\n(A)\nIn general\nThe Secretary shall make the allocations and payments described in paragraph (1) from the amounts described in subparagraph (B), which shall be available to the Secretary for such purpose notwithstanding any other provision of law.\n(B)\nAmounts described\nThe amounts described in this subparagraph are the following:\n(i) Any amount allocated to an eligible revenue sharing county under subsection (b)(1) for fiscal year 2022 or 2023 that, as of\nJanuary 31, 2023\n(ii) Amounts made available to the Secretary under section 102(d)(4) of the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act.","url":"https://projectusc.org/usc/t42/s805.html","content":[{"t":"sec","id":"/us/usc/t42/s805","children":[{"t":"num","text":"\u00a7\u202f805."},{"t":"heading","text":"Local assistance and Tribal consistency fund"},{"t":"subsec","id":"/us/usc/t42/s805/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Appropriation"},{"t":"content","children":[{"t":"p","text":"In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 to remain available until ","children":[{"t":"text","text":"September 30, 2023","tail":", with amounts to be obligated, subject to subsection (g), for each of fiscal years 2022 and 2023 in accordance with subsection (b), for making payments under this section to eligible revenue sharing counties and eligible Tribal governments."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s805/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Authority to make payments"},{"t":"para","id":"/us/usc/t42/s805/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Payments to eligible revenue sharing counties"},{"t":"content","children":[{"t":"p","text":"For each of fiscal years 2022 and 2023, the Secretary shall reserve $750,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each eligible revenue sharing county in amounts that are determined by the Secretary taking into account economic conditions of each eligible revenue sharing county, using measurements of poverty rates, household income, land values, and unemployment rates as well as other economic indicators, over the 20-year period ending with ","children":[{"t":"text","text":"September 30, 2021","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s805/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Payments to eligible Tribal governments"},{"t":"content","children":[{"t":"p","text":"For each of fiscal years 2022 and 2023, the Secretary shall reserve $250,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments in amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s805/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Use of payments"},{"t":"content","children":[{"t":"p","text":"An eligible revenue sharing county, an eligible Tribal government, or an eligible revenue sharing consolidated government may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s805/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Reporting requirement"},{"t":"content","children":[{"t":"p","text":"Any eligible revenue sharing county or eligible revenue sharing consolidated government receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of fund by such eligible revenue sharing county or eligible revenue sharing consolidated government and such other information as the Secretary may require for the administration of this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s805/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Recoupment"},{"t":"chapeau","text":"Any eligible revenue sharing county or eligible revenue sharing consolidated government that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to\u2014"},{"t":"para","id":"/us/usc/t42/s805/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s805/e/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing county or eligible revenue sharing consolidated government under this section for all fiscal years.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s805/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section:"},{"t":"para","id":"/us/usc/t42/s805/f/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Eligible revenue sharing consolidated government"},{"t":"chapeau","text":"The term \u201celigible revenue sharing consolidated government\u201d means a county, parish, or borough\u2014"},{"t":"subpara","id":"/us/usc/t42/s805/f/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" that has been classified by the Bureau of the Census as an active government consolidated with another government; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s805/f/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s805/f/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Eligible revenue sharing county"},{"t":"chapeau","text":"The term \u201celigible revenue sharing county\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t42/s805/f/2/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" a county, parish, or borough\u2014"},{"t":"clause","id":"/us/usc/t42/s805/f/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" that is independent of any other unit of local government; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s805/f/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" that, as determined by the Secretary, is the principal provider of government services for the area within its jurisdiction; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s805/f/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s805/f/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s805/f/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Eligible Tribal government"},{"t":"content","children":[{"t":"p","text":"The term \u201celigible Tribal government\u201d means the recognized governing body of an eligible Tribe.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s805/f/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Eligible Tribe"},{"t":"content","children":[{"t":"p","text":"The term \u201celigible Tribe\u201d means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of ","children":[{"t":"text","text":"March 11, 2021","tail":" pursuant to "},{"t":"ref","text":"section 5131 of title 25","href":"/us/usc/t25/s5131","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s805/f/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of the Treasury.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s805/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Payments to eligible revenue sharing consolidated governments"},{"t":"para","id":"/us/usc/t42/s805/g/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Payments to eligible revenue sharing consolidated governments for fiscal years 2023 and 2024"},{"t":"content","children":[{"t":"p","text":"The Secretary shall allocate and pay to each eligible revenue sharing consolidated government for each of fiscal years 2023 and 2024 an amount equal to the amount that the Secretary would have allocated to such eligible revenue sharing consolidated government for fiscal year 2022 if all eligible revenue sharing consolidated governments had been treated as eligible revenue sharing counties for purposes of being eligible for payments under subsection (b)(1) for such fiscal year using the allocation methodology adopted by the Department of the Treasury for such eligible revenue sharing counties as of ","children":[{"t":"text","text":"December 29, 2022","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s805/g/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Funding for payments"},{"t":"subpara","id":"/us/usc/t42/s805/g/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary shall make the allocations and payments described in paragraph (1) from the amounts described in subparagraph (B), which shall be available to the Secretary for such purpose notwithstanding any other provision of law.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s805/g/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Amounts described"},{"t":"chapeau","text":"The amounts described in this subparagraph are the following:"},{"t":"clause","id":"/us/usc/t42/s805/g/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" Any amount allocated to an eligible revenue sharing county under subsection (b)(1) for fiscal year 2022 or 2023 that, as of ","children":[{"t":"text","text":"January 31, 2023","tail":", has not been requested by such county."}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s805/g/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" Amounts made available to the Secretary under section 102(d)(4) of the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}