31 U.S.C. § 6906

Funding

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For fiscal year 2019— 11 See Application of Section note below.(1) each county or other eligible unit of local government shall be entitled to payment under this chapter; and(2) sums shall be made available to the Secretary of the Interior for obligation or expenditure in accordance with this chapter.(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1035; Pub. L. 110–343, div. C, title VI, § 601(c)(1), Oct. 3, 2008, 122 Stat. 3911; Pub. L. 112–141, div. F, title I, § 100111, July 6, 2012, 126 Stat. 906; Pub. L. 113–79, title XII, § 12312, Feb. 7, 2014, 128 Stat. 992; Pub. L. 115–141, div. G, title I, § 118, Mar. 23, 2018, 132 Stat. 661; Pub. L. 116–6, div. E, title I, § 116, Feb. 15, 2019, 133 Stat. 232.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
6906	31:1607.	Oct. 20, 1976, Pub. L. 94–565, § 7, 90 Stat. 2665.

The words “to the Secretary of the Interior” are added for clarity. The words “Provided, That, notwithstanding any other provision of this chapter” and “in advance” are omitted as unnecessary.

Editorial NotesAmendments

2019—Pub. L. 116–6 substituted “fiscal year 2019” for “fiscal year 2018” in introductory provisions.

2018—Pub. L. 115–141 substituted “fiscal year 2018” for “each of fiscal years 2008 through 2014” in introductory provisions.

2014—Pub. L. 113–79 substituted “2014” for “2013” in introductory provisions.

2012—Pub. L. 112–141 substituted “2013” for “2012” in introductory provisions.

2008—Pub. L. 110–343 amended section generally. Prior to amendment, section read as follows: “Necessary amounts may be appropriated to the Secretary of the Interior to carry out this chapter. Amounts are available only as provided in appropriation laws.”

Statutory Notes and Related SubsidiariesApplication of Section

Pub. L. 119–74, div. C, title I, § 114, Jan. 23, 2026, 140 Stat. 122, provided that: “Section 6906 of title 31, United States Code, shall be applied by substituting ‘fiscal year 2026’ for ‘fiscal year 2019’.”

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 118–42, div. E, title I, § 114, Mar. 9, 2024, 138 Stat. 247.

Pub. L. 117–328, div. G, title I, § 114, Dec. 29, 2022, 136 Stat. 4787.

Pub. L. 117–103, div. G, title I, § 114, Mar. 15, 2022, 136 Stat. 376.

Pub. L. 116–260, div. G, title I, § 115, Dec. 27, 2020, 134 Stat. 1506.

Pub. L. 116–94, div. D, title I, § 115, Dec. 20, 2019, 133 Stat. 2714.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 2005–2021 · leading case: Prairie County, Montana v. United States

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Prairie County, Montana v. United States (2015) cafc · cites it 4× “2d 810 (2008), that the applicable version of 31 U.S.C. § 6906 limits the government’s liability under PILT to the amount appropriated by Congress, we affirm.”

Kane County, Utah v. United States (2016) uscfc · cites it 3× “” 31 U.S.C. § 6906 . An amendment in 2008 changed that language to provide that local government units “shall be entitled to payment,” and that appropriated “sums shall be made available .”

Molina Healthcare of California, Inc. v. United States (2017) uscfc · cites it 2× “31 U.S.C § 6906 (2012) (emphasis added). The Federal Circuit held that a “shall pay” obligation was relieved when the “plain language” of a statute limits the Government’s liability to the amount appropriated by Congress.”

Greenlee County v. United States (2005) uscfc · cites it 2× “” 31 U.S.C. § 6906 . Plaintiff argues the limitation of the second sentence applies only to the Secretary; that is, she may not distribute more than she receives from Congress.”

Maine Community Health Options v. United States (2017) uscfc “7 Nevertheless, the court in Prairie County noted that Congress had spoken clearly when it wrote in 31 U.S.C. § 6906 that, “notwithstanding any other provision of this chapter no funds may be made available except to the extent provided in advance in appropriation Acts.”

Prairie County, Montana and Greenlee County, Arizona v. United States (2013) uscfc “31 U.S.C. § 6906 (2006), amended by Moving Ahead for Progress in the 21st Century Act, Pub.”

Kane County, Utah v. United States (2017) uscfc · cites it 2× “” 31 U.S.C. § 6906 (2006). On October 3, 2008, however, Congress amended § 6906, deleting the existing language and providing instead that “[f]or each of fiscal years 2008 through 2012 .”

Kane County, Utah v. United States (2018) uscfc “I, 2017 WL 6603446 , at *2; see also 31 U.S.C. § 6906 . Since FY 2015, the PILT program has again been funded through the regular appropriations process.”

Indiana Municipal Power Agency v. United States (2021) uscfc “(quoting 31 U.S.C. § 6906 ) (emphasis in original).”

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