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B-167553 1 (1978-10-16)

handle is hein.gao/gaobadgks0001 and id is 1 raw text is: 
                                                  I



                                Ji~
                          -THE  COMPTROLLB GENEPAL
CECISION .OF. aF THE UNITED STATEU
                           WASHINGTON.  0,  20549
                                              d.I


FILE:  B-167553


MATTER   OF:


DIGEST:


DATC:  Oetober 16, 1978


Computation of statutorily mandated reductions
in payments in lieu of taxes.

1. Payments  to units of local government under
section 2(a)(1) of the Payments in Lieu of Taxes
Act of'1976, 31 U. S. C. $5 1601-1607, are to be
reduced only by the amounts of payments actually
received by the units of local government under
the statutes specified in section 4 of the Act,
31 U. S. C. 1604. Thiis, Federal revenues paid
to a State under The statutes in section 4 and dis-
t'ibuted by the State directly to a school district
without being rceeived-or acted'upon by a unit of
l4cal government;; should not be dedi'eted from
payments to that unit of local gove~r~r..t'under
section 2(a)(1.) of the Act, 31 U. S. C., 1602'a)(1).
Potymcnts to other .single or special parpose dis-
trictb should be treated in a similar marincr,


               2.. Federal revenues paid to a State uiider the
               statutes in section 4 bf the Payments in Lieu of
               Taixes Act of 1976, 31 U. S. C. S 1604, and dis-
               tributed by the State to a unit of local government,
               which unit'is required by State law to pass thesr
               revenues directly to a financially indepcndent school
               disirict, should not he considered received by
               thejunit of local governnient, and should not be
               deducted from paymentnrto that unit of 1cdcal
               govreHnment ider sectin 2 of the Act, u'nless
               that unit is lgally responsible for provision of
               school services and has collected other tax
               revenu:2 for that purpose. Payments passed through
               to other special or single purpose districts should
               be treated in a similar manner.


    This is in response to a request dated August 3. 1978, from the
Deputy Solicitor, Departnient of the Interior, for a decision concerning
whether payments to units of local government under the Payments
in Lieu of Taxes Act of 1976, Pub. L. No. 94-565, 31 U. S. C.
SS 1601-1607 (19'6), October 20, 1976, 90 Stat.. 2662 (the Act)
must be reduced pursuant to section 2(a)(1) of the Act, 31 U. S. C.
j 1602(a)(1), with respect to two specifi7 kinds of payments to States.

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