42 USC 805 - Local assistance and Tribal consistency fund

U.S Code last checked for updates: Nov 22, 2024

§ 805.

Local assistance and Tribal consistency fund

(a)

Appropriation

(b)

Authority to make payments

(1)

Payments to eligible revenue sharing counties

(2)

Payments to eligible Tribal governments

(c)

Use of payments

(d)

Reporting requirement

(e)

Recoupment

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—

(1)

in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and

(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.

(f)

Definitions

In this section:

(1)

Eligible revenue sharing consolidated government

The term “eligible revenue sharing consolidated government” means a county, parish, or borough—

(A)

that has been classified by the Bureau of the Census as an active government consolidated with another government; and

(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.

(2)

Eligible revenue sharing county

The term “eligible revenue sharing county” means—

(A)

a county, parish, or borough—

(i)

that is independent of any other unit of local government; and

(ii)

that, as determined by the Secretary, is the principal provider of government services for the area within its jurisdiction; and

(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

(B)

the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.

(3)

Eligible Tribal government

(4)

Eligible Tribe

(5)

Secretary

(g)

Payments to eligible revenue sharing consolidated governments

(1)

Payments to eligible revenue sharing consolidated governments for fiscal years 2023 and 2024

(2)

Funding for payments

(A)

In general

(B)

Amounts described

The amounts described in this subparagraph are the following:

(i)

Any amount allocated to an eligible revenue sharing county under subsection (b)(1) for fiscal year 2022 or 2023 that, as of January 31, 2023, has not been requested by such county.

(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.

(Aug. 14, 1935, ch. 531, title VI, § 605, as added Pub. L. 117–2, title IX, § 9901(a), Mar. 11, 2021, 135 Stat. 234; amended Pub. L. 117–328, div. LL, § 103, Dec. 29, 2022, 136 Stat. 6104.)

cite as: 42 USC 805