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         Congressional Research Service
/Mase Inforrning   the legislative debate since 1914


Updated March  17, 2025


Payments in Lieu of Taxes (PILT): Section 6902 Payments


Introduction
Several federal programs compensate local jurisdictions for
the presence of nontaxable federal lands. The widest-
ranging program is the Department of the Interior's (DOI's)
Payments in Lieu of Taxes (PILT) program. PILT
compensates units of general local government for selected
lands administered by several federal agencies. Units of
general local government typically are referred to as
counties. P.L. 118-42 provided $621.6 million in funding
for PILT for FY2024, with $621.2 million paid to more
than 1,900 counties in 49 states, the District of Columbia,
Guam,  Puerto Rico, and the Virgin Islands. The remaining
$0.4 million was for program administration.

PILT funding is allocated under three payment
mechanisms-Section   6902, Section 6904, and Section
6905-corresponding  with the sections of law (31 U.S.C.
§§6902, 6904, 6905). Section 6902 payments account for
nearly all of the funding disbursed under PILT. Section
6904 and 6905 payments are provided under selected
circumstances, generally account for less than 1% of PILT
payments, and are made to a minority of counties (most of
which also receive Section 6902 payments). This product
discusses Section 6902 payments. Issues for Congress
center on the types of lands that should be covered by PILT
and the amount and type of funding.

Payment Formula
Section 6902 payments are made to counties pursuant to a
formula provided in statute (Figure 1). Several factors are
used to calculate the authorized PILT payment amount for a
county: entitlement land and per acre payment rates,
population-based payment ceilings, prior-year non-PILT
payments, and inflation. These factors are described below.
Additionally, the level of funding available each year for
PILT payments determines whether counties receive the
fully authorized payment amount.


Entitlement Land and  Per Acre Payment  Rates: Lands
eligible under PILT are referred to as entitlement lands in
statute (31 U.S.C. §6901) and include federal lands
*  in the National Park System;
*  in the National Forest System;
*  administered by the Bureau of Land Management;
*  in the National Wildlife Refuge System withdrawn from
   the public domain;
*  dedicated to the use of federal water resources
   development projects;
*  used for certain dredge disposal areas;
*  located near Purgatory River Canyon and Pinlon
   Canyon, CO, and acquired after December 31, 1981, to
   expand the Fort Carson military reservation;
*  on which are located semi-active or inactive Army
   installations used for certain purposes; and
*  acquired per the Southern Nevada Public Land
   Management  Act (P.L. 105-263).

The first step in calculating authorized payments is
determining the number of entitlement acres within a
county, which is the responsibility of the various federal
agencies that administer the lands (Figure 1, Step A).
Taking into account a population-based payment ceiling as
described below (Figure 1, Step B), a county's authorized
payment is calculated by multiplying the number of
entitlement acres by one of two per acre payment rates-a
higher rate offset by prior-year non-PILTpayments
(Alternative A) or a non-offset lower rate (Alternative B)
(Figure 1, Step C). The higher amount is the authorized
payment.


Figure 1. PILT Section 6902 Payment  Formula,  with FY2024  Rates


Source: CRS, with data from 31 U.S.C. §§6901 et seq. and DOI, Fiscal Year 2024 Payments in Lieu of Taxes National Summary.


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