IN THE SENATE OF THE UNITED STATES
February 2, 2015
Mr. Heller (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Finance
To amend the Internal Revenue Code of 1986 to make permanent the special rule for contributions of qualified conservation contributions, and for other purposes.
This Act may be cited as the
Conservation Easement Incentive Act of 2015.
Special rule for contributions of qualified conservation contributions made permanent
Subparagraph (E) of section 170(b)(1) of the Internal Revenue Code of 1986, as amended by the Tax Increase Prevention Act of 2014, is amended by striking clause (vi).
Subparagraph (B) of section 170(b)(2) of such Code, as amended by such Act, is amended by striking clause (iii).
Contributions of capital gain real property made for conservation purposes by Native Corporations
Section 170(b)(2) of such Code is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting after subparagraph (B) the following new subparagraph:
Qualified conservation contributions by certain Native Corporations
Any qualified conservation contribution (as defined in subsection (h)(1)) which—
is made by a Native Corporation, and
is a contribution of property which was land conveyed under the Alaska Native Claims Settlement Act,
If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(2)) as a charitable contribution to which clause (i) applies in each of the 15 succeeding years in order of time.
For purposes of this subparagraph, the term Native Corporation has the meaning given such term by section 3(m) of the Alaska Native Claims Settlement Act.
Section 170(b)(2)(A) of such Code is amended by striking
subparagraph (B) applies and inserting
subparagraph (B) or (C) applies.
Valid existing rights preserved
Nothing in this subsection (or any amendment made by this subsection) shall be construed to modify the existing property rights validly conveyed to Native Corporations (within the meaning of section 3(m) of the Alaska Native Claims Settlement Act) under such Act.
The amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2014.