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South Dakota Objects to Federal Withholding of Timber Sale Revenue

Federal authorities have made the right decision to stop withholding monies owed to states and schools under the Mineral Leasing Act (MLA). (JPPI Photo)
Federal authorities have made the right decision to stop withholding monies owed to states and schools under the Mineral Leasing Act (MLA). (JPPI Photo)

PIERRE, S.D  (KELO AM) - Attorney General Marty Jackley and thirteen Western Attorneys General (CWAG) today called on the Federal Government to end the sequestration of timber sale funds. These funds owed to the states under the federal Budget Control Act (BCA), specifically, the Secure Rural Schools and Community Self-Determination Act (SRS), Twenty Five Percent Fund Act (25% Fund), and the Bankhead Jones Farm Tenant Act (Grasslands payments).

“The Federal authorities have made the right decision to stop withholding monies owed to states and schools under the Mineral Leasing Act (MLA),” said Jackley. “The Attorneys General would like to help them reach the same conclusion and honor our request to avoid litigation over timber sale monies that the state is legally entitled and that directly affect school districts in South Dakota.”

The SRS entitles states to funding from the federal government for the sale of timber that is sold on federal lands within these states jurisdictions’ boundaries. A substantial portion of the funding for SRS payments comes directly from receipts that should be provided to states and counties.

The 25% Fund and Grasslands payments statutorily-guarantees shares of the USFS receipts for timber, recreation, grazing, minerals and other uses of the National Forests and National Grasslands that are provides to states and counties. These transfers do not come from a General Treasury fund, but are instead directly funded by federal receipts.

http://atg.sd.gov/LinkClick.aspx?fileticket=X91If_cldZA%3d&tabid=442(September 19, 2013 CWAG letter)

http://atg.sd.gov/LinkClick.aspx?fileticket=SYsKpFyHw30%3d&tabid=442(August 2, 2013 CWAG letter)

http://atg.sd.gov/News/NewsReleases/NewsReleasesView/tabid/441/itemID/3228/moduleID/597/Default.aspx(August 27, 2013 Joint press release Governor/AG on MLA)

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