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16 U.S.C. § 498 — Cooperative work agreements: disposal of moneys received; refund of excess; payment from appropriation; conflict of interest
Federal law — U.S. Code and appendices · legal_authorities
On or after June 30, 1914, all moneys received as contributions toward cooperative work in forest investigations, or the protection, management, and improvement of the National Forest System, shall be covered into the Treasury and shall constitute a special fund, which is appropriated and made available until expended, as the Secretary of Agriculture may direct, for the payment of the expenses of said investigations, protection, management, or improvements by the Forest Service, and for refunds to the contributors of amounts heretofore or hereafter paid in by them in excess of their share of the cost of said investigations, protection, management, or improvements. Payment for work undertaken pursuant to this section may be made from any appropriation of the Forest Service that is available for similar work if a written agreement so provides and reimbursement will be provided by a cooperator in the same fiscal year as the expenditure by the Forest Service. A reimbursement received from a cooperator that covers the proportionate share of the cooperator of the cost of the work shall be deposited to the credit of the appropriation of the Forest Service from which the payment was initially made or, if the appropriation is no longer available, to the credit of an appropriation of the Forest Service that is available for similar work. The Secretary of Agriculture shall establish written rules that establish criteria to be used to determine whether the acceptance of contributions of money under this section would adversely affect the ability of an officer or employee of the Department of Agriculture to carry out a duty or program of the officer or employee in a fair and objective manner or would compromise, or appear to compromise, the integrity of the program, officer, or empl
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Source file: Laws/federal/codes/united-states-code/title-16/section-498-cooperative-work-agreements-disposal-of-moneys-received-refund-of-excess--8ec37f7e7e.md
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Source location: Title 16, Chapter 2, § 498; chapter-002-national-forests.md
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On or after June 30, 1914, all moneys received as contributions toward cooperative work in forest investigations, or the protection, management, and improvement of the National Forest System, shall be covered into the Treasury and shall constitute a special fund, which is appropriated and made available until expended, as the Secretary of Agriculture may direct, for the payment of the expenses of said investigations, protection, management, or improvements by the Forest Service, and for refunds to the contributors of amounts heretofore or hereafter paid in by them in excess of their share of the cost of said investigations, protection, management, or improvements. Payment for work undertaken pursuant to this section may be made from any appropriation of the Forest Service that is available for similar work if a written agreement so provides and reimbursement will be provided by a cooperator in the same fiscal year as the expenditure by the Forest Service. A reimbursement received from a cooperator that covers the proportionate share of the cooperator of the cost of the work shall be deposited to the credit of the appropriation of the Forest Service from which the payment was initially made or, if the appropriation is no longer available, to the credit of an appropriation of the Forest Service that is available for similar work. The Secretary of Agriculture shall establish written rules that establish criteria to be used to determine whether the acceptance of contributions of money under this section would adversely affect the ability of an officer or employee of the Department of Agriculture to carry out a duty or program of the officer or employee in a fair and objective manner or would compromise, or appear to compromise, the integrity of the program, officer, or employee. The Secretary of Agriculture shall establish written rules that protect the interests of the Forest Service in cooperative work agreements.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Chief** — The term “Chief” means the Chief of the Forest Service.
(2) **Director** — The term “Director” means the Director of the Bureau of Land Management.
**(b) Projects** The Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs.
**(c) Land management goals** The land management goals of a project under subsection (b) may include any of the following:
(1) Road and trail maintenance or obliteration to restore or maintain water quality.
(2) Soil productivity, habitat for wildlife and fisheries, or other resource values.
(3) Setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat.
(4) Removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives.
(5) Watershed restoration and maintenance.
(6) Restoration and maintenance of wildlife and fish.
(7) Control of noxious and exotic weeds and reestablishing native plant species.
**(d) Agreements or contracts**
(1) **Procurement procedure** — A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts.
(2) **Contract for sale of property** — A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may pres
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Independent evaluator** — The term “independent evaluator” means an individual or entity, including an institution of higher education, that is selected by the pay-for-performance beneficiary and pay-for-performance investor, as applicable, or by the pay-for-performance project developer, in consultation with the Secretary of Agriculture, to make the determinations and prepare the reports required under subsection (e).
(2) **National Forest System land** — The term “National Forest System land” means land in the National Forest System (as defined in [section 1609(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1609/a&num=0&edition=prelim)).
(3) **Pay-for-performance agreement** — The term “pay-for-performance agreement” means a mutual benefit agreement (excluding a procurement contract, grant agreement, or cooperative agreement described in chapter 63 of title 31) for a pay-for-performance project—
(A) with a term of—
(i) not less than 1 year; and
(ii) not more than 20 years; and
(B) that is executed, in accordance with applicable law, by—
(i) the Secretary of Agriculture; and
(ii) a pay-for-performance beneficiary or pay-for-performance project developer.
(4) **Pay-for-performance beneficiary** — The term “pay-for-performance beneficiary” means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that—
(A) repays capital loaned upfront by a pay-for-performance investor, based on a project outcome specified in a pay-for-performance agreement; or
(B) provides capital directly for costs associated with a pay-for-performance project.
(5) **Pay-for-performance investor** — The term “pay-for-performance investor” mea
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Federal law — U.S. Code and appendices · legal_authorities
Page 949
TITLE 16—CONSERVATION
§ 499
1 See References in Text note below.
retary shall submit a report to the House and Senate
Committees on Appropriations, and the Committee on
Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representa-
tives that evaluates whether the use of funds under this
section resulted in more expeditious approval of rights-
of-way and special use authorizations. This report shall
include the Secretary’s recommendation for statutory
or regulatory changes to reduce the average processing
time for rights-of-way and special use permit applica-
tions.’’
Subsec. (b). Pub. L. 113–76, § 425(2), substituted ‘‘each
fiscal year’’ for ‘‘during fiscal years 2000 through 2012’’.
2007—Subsec. (a). Pub. L. 110–161, § 416(1), substituted
‘‘2012’’ for ‘‘2006’’.
Subsec. (b). Pub. L. 110–161, § 416(2), substituted ‘‘2012’’
for ‘‘2006’’.
2005—Subsec. (a). Pub. L. 109–54, § 425(1), substituted
‘‘2006’’ for ‘‘2005’’.
Subsec. (b). Pub. L. 109–54, § 425(2), substituted ‘‘2006’’
for ‘‘2005’’.
2004—Subsec. (a). Pub. L. 108–447, § 345(1), substituted
‘‘2005’’ for ‘‘2004’’.
Subsec. (b). Pub. L. 108–447, § 345(2), substituted ‘‘2005’’
for ‘‘2004’’.
§ 498. Cooperative work agreements: disposal of
moneys received; refund of excess; payment
from appropriation; conflict of interest
On or after June 30, 1914, all moneys received
as contributions toward cooperative work in for-
est investigations, or the protection, manage-
ment, and improvement of the National Forest
System, shall be covered into the Treasury and
shall constitute a special fund, which is appro-
priated and made available until expended, as
the Secretary of Agriculture may direct, for the
payment of the expenses of said investigations,
prote
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