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Revenue Sharing Programs

Payment in Lieu of Taxes (PILT) Program For Cities in the Unorganized Borough

Contents

Introduction
Frequently Asked Questions

Narrative
Additional Resources
Applicable Laws

 

Introduction    Back to Top

The federal Payment in Lieu of Taxes (PILT) Program provides payments to local governments, typically counties and boroughs, that contain certain federally-owned lands known as "entitlement lands". PILT payments to local governments are intended to help offset losses in property taxes due to nontaxable federal lands within their boundaries. The federal PILT formula calculates payments based upon the local government's population and acres of entitlement lands. Entitlement lands include lands in the National Park and National Forest systems, federal lands administered by the Bureau of Land Management, lands dedicated to federal water resources development projects, and lands withdrawn from the public domain in other categories.

The U.S. Department of Interior administers PILT payments to boroughs, and the Alaska Department of Commerce, Community and Economic Development (Commerce) administers federal PILT payments to cities within the unorganized borough.

 

Frequently Asked Questions    Back to Top

What is the purpose of PILT payments?

The PILT program compensates local governments for federal lands located within their area which restrict a community's ability to generate local revenues and often hinder community development opportunities. (See 31 U.S.C. 6901-6902 at FedLaw and 3 AAC 152.010 at The Alaska Administrative Code.)

How much money is distributed annually to the Unorganized Borough?

The amount of PILT money available to distribute is dependent upon the annual federal appropriation level. In FY 02, Commerce distributed $5,017,286 to the 97 cities located within the unorganized borough. Since 1997, Commerce has distributed nearly $17 million to cities under this program (31 U.S.C. 6901-6902.)

How does a city qualify for payment?

Cities in the unorganized borough are notified on August 1 each year of the administrative requirements. In order to receive their PILT payment, a city must submit an approved funding resolution, a copy of its current year operating budget, and a second preceding year audit or certified financial statement by October 1. For example, the FY 2000 audit or certified financial statement would be required in order to receive a PILT payment in FY 2002. A city must also conduct regular elections, hold regular meetings and keep a record of them, and codify its ordinances (31 U.S.C. 6901-6902 and 3 AAC 152.100.)

How do organized boroughs receive their payments?

Organized boroughs receive their payment directly from the U.S. Department of Interior. Cities located within organized boroughs are not eligible for funding (31 U.S.C. 6901-6902.)

What can PILT payments be used for?

A PILT payment received by a local government may be used for any governmental purpose, including services related to public safety, the environment, housing, social services, transportation, and governmental administration (31 U.S.C. 6901-6902 and 3 AAC 152.220.)

When are PILT payments made?

PILT payments are made on October 15 of each fiscal year by the Department of Community and Economic Development. (3 AAC 152.210)

How is a city's PILT payment calculated?

PILT payments are calculated based on population of each eligible city located within the boundaries of the census area. (3 AAC 152.200)

 

Narrative    Back to Top
Prior to 1997, only the organized boroughs in Alaska received PILT payments. In the 104th Congress, Senator Ted Stevens sponsored legislation amending the federal PILT program to permit payment of PILT funds to the State of Alaska for distribution to cities within the State's unorganized borough. The amended law now provides that the eleven federal census areas comprising Alaska's unorganized borough are to be considered units of local government for purposes of this program. A PILT payment is made to the state for each of the eleven federal census areas. The federal law then provides that the state "shall distribute such payment to home rule cities and general law cities (as such cities are defined by the state) located within the boundaries of the unit of local government for which the payment was received". A list of PILT payments made in the unorganized borough during FY 02 is available.

 

Additional Resources   Back to Top

Applications

Publications

Internet Links

 

Applicable Laws    Back to Top

Federal law

31 U.S.C 6901-6902 - See FedLaw

Alaska Statutes

AS 44.33.020 - Commerce duties - See "Folio Infobase" - The Current Alaska Statutes

Alaska Administrative Code

See The Alaska Administrative Code:

  • 3 AAC 152.010 - Purpose
  • 3 AAC 152.100 - Eligibility requirements
  • 3 AAC 152.200 - Calculation of payment in lieu of taxes allocations
  • 3 AAC 152.210 - Distribution of payments
  • 3 AAC 152.220 - Use of payments
  • 3 AAC 152.900 - Definitions

Revised 9/18/2002

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