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16 U.S.C. § 7121 — Payments to States and counties
Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment amounts** Except as provided in [section 7113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7113&num=0&edition=prelim), the Secretary of the Treasury shall pay to—
(1) a State or territory of the United States an amount equal to the sum of the amounts elected under subsection (b) by each county within the State or territory for—
(A) if the county is eligible for the 25-percent payment, the share of the 25-percent payment; or
(B) the share of the State payment of the eligible county; and
(2) a county an amount equal to the amount elected under subsection (b) by each county for—
(A) if the county is eligible for the 50-percent payment, the 50-percent payment; or
(B) the county payment for the eligible county.
**(b) Election to receive payment amount**
(1) **Election; submission of results**
(A) *In general* — The election to receive a share of the State payment, the county payment, a share of the State payment and the county payment, a share of the 25-percent payment, the 50-percent payment, or a share of the 25-percent payment and the 50-percent payment, as applicable, shall be made at the discretion of each affected county by August 1, 2013 (or as soon thereafter as the Secretary concerned determines is practicable), and August 1 of each second fiscal year thereafter, in accordance with paragraph (2), and transmitted to the Secretary concerned by the Governor of each eligible State.
(B) *Failure to transmit* — If an election for an affected county is not transmitted to the Secretary concerned by the date specified under subparagraph (A), the affected county shall be considered to have elected to receive a share of the State payment, the county payment, or a share of the State payment and th
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Source file: Laws/federal/codes/united-states-code/title-16/section-7121-payments-to-states-and-counties--1188ad1128.md
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Source location: Title 16, Chapter 90, § 7121; chapter-090-secure-rural-schools-and-community-self-determination.md
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**(a) Payment amounts** Except as provided in [section 7113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7113&num=0&edition=prelim), the Secretary of the Treasury shall pay to—
(1) a State or territory of the United States an amount equal to the sum of the amounts elected under subsection (b) by each county within the State or territory for—
(A) if the county is eligible for the 25-percent payment, the share of the 25-percent payment; or
(B) the share of the State payment of the eligible county; and
(2) a county an amount equal to the amount elected under subsection (b) by each county for—
(A) if the county is eligible for the 50-percent payment, the 50-percent payment; or
(B) the county payment for the eligible county.
**(b) Election to receive payment amount**
(1) **Election; submission of results**
(A) *In general* — The election to receive a share of the State payment, the county payment, a share of the State payment and the county payment, a share of the 25-percent payment, the 50-percent payment, or a share of the 25-percent payment and the 50-percent payment, as applicable, shall be made at the discretion of each affected county by August 1, 2013 (or as soon thereafter as the Secretary concerned determines is practicable), and August 1 of each second fiscal year thereafter, in accordance with paragraph (2), and transmitted to the Secretary concerned by the Governor of each eligible State.
(B) *Failure to transmit* — If an election for an affected county is not transmitted to the Secretary concerned by the date specified under subparagraph (A), the affected county shall be considered to have elected to receive a share of the State payment, the county payment, or a share of the State payment and the county payment, as applicable.
(C) *Effect of late payment for fiscal years 2014 and 2015* — The election otherwise required by subparagraph (A) shall not apply for fiscal year 2014 or 2015.
(D) *Payments for each of fiscal years 2017 through 2020* — The election otherwise required by subparagraph (A) shall not apply for each of fiscal years 2017 through 2020.11 See County Elections for Fiscal Year 2021 Under the Secure Rural Schools and Community Self-Determination Act of 2000 note below.
(E) *Payments for each of fiscal years 2024 and 2025* — The election otherwise required by subparagraph (A) shall not apply for each of fiscal years 2024 and 2025.
(2) **Duration of election**
(A) *In general* — A county election to receive a share of the 25-percent payment or 50-percent payment, as applicable, shall be effective for 2 fiscal years. If such two-fiscal year period included fiscal year 2013, the county election to receive a share of the 25-percent payment or 50-percent payment, as applicable, also shall be effective for fiscal years 2014 and 2015 and for each of fiscal years 2017 through 2020.
(B) *Full funding amount* — If a county elects to receive a share of the State payment or the county payment in 2013, the election shall be effective for all subsequent fiscal years through fiscal year 2015 and for each of fiscal years 2017 through 2020.
(C) *Fiscal years 2024 and 2025* — The election described in paragraph (1)(A) applicable to a county in fiscal year 2023 shall be effective for each of fiscal years 2024 and 2025.
(3) **Source of payment amounts** — The payment to an eligible State or eligible county under this section for a fiscal year shall be derived from—
(A) any amounts that are appropriated to carry out this chapter;
(B) any revenues, fees, penalties, or miscellaneous receipts, exclusive of deposits to any relevant trust fund, special account, or permanent operating funds, received by the Federal Government from activities by the Bureau of Land Management or the Forest Service on the applicable Federal land; and
(C) to the extent of any shortfall, out of any amounts in the Treasury of the United States not otherwise appropriated.
**(c) Distribution and expenditure of payments**
(1) **Distribution method** — A State that receives a payment under subsection (a) for Federal land described in [section 7102(7)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7102/7/A&num=0&edition=prelim) shall distribute the appropriate payment amount among the appropriate counties in the State in accordance with—
(A) the Act of May 23, 1908 ([16 U.S.C. 500](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section500&num=0&edition=prelim)); and
(B) section 13 of the Act of March 1, 1911 (36 Stat. 963; [16 U.S.C. 500](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section500&num=0&edition=prelim)).
(2) **Expenditure purposes** — Subject to subsection (d), payments received by a State under subsection (a) and distributed to counties in accordance with paragraph (1) shall be expended as required by the laws referred to in paragraph (1).
**(d) Expenditure rules for eligible counties**
(1) **Allocations**
(A) *Use of portion in same manner as 25-percent payment or 50-percent payment, as applicable* — Except as provided in subparagraph (D), if an eligible county elects to receive its share of the State payment or the county payment, not less than 80 percent, but not more than 85 percent, of the funds shall be expended in the same manner in which the 25-percent payments or 50-percent payment, as applicable, are required to be expended.
(B) *Election as to use of balance* — Except as provided in subparagraph (C), an eligible county shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to subparagraph (A):
(i) Reserve any portion of the balance for projects in accordance with subchapter II.
(ii) Reserve any portion of the balance for projects in accordance with subchapter III.
(iii) Return the portion of the balance not reserved under clauses (i) and (ii) to the Treasury of the United States.
(C) *Counties with major distributions* — In the case of each eligible county to which $350,000 or more is distributed for any fiscal year pursuant to paragraph (1)(B) or (2)(B) of subsection (a), the eligible county shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to subparagraph (A):
(i) Reserve any portion of the balance for projects in accordance with subchapter II.
(ii) Reserve not more than 7 percent of the total share for the eligible county of the State payment or the county payment for projects in accordance with subchapter III.
(iii) Return the portion of the balance not reserved under clauses (i) and (ii) to the Treasury of the United States.
(D) *Counties with minor distributions* — In the case of each eligible county to which less than $100,000 is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection (a), the eligible county may elect to expend all the funds in the same manner in which the 25-percent payments or 50-percent payments, as applicable, are required to be expended.
(E) *Effect of late payment for fiscal year 2014* — The election made by an eligible county under subparagraph (B), (C), or (D) for fiscal year 2013, or deemed to be made by the county under paragraph (3)(B) for that fiscal year, shall be effective for fiscal years 2014 and 2015.
(F) *Payments for each of fiscal years 2017 through 2020* — The election made by an eligible county under subparagraph (B), (C), or (D) for fiscal year 2013, or deemed to be made by the county under paragraph (3)(B) for that fiscal year, shall be effective for each of fiscal years 2017 through 2020.1
(G) *Payments for each of fiscal years 2024 and 2025* — The election made by an eligible county under subparagraph (B), (C), or (D) for fiscal year 2023, or deemed to be made by the county under paragraph (3)(B) for that fiscal year, shall be effective for each of fiscal years 2024 and 2025.
(2) **Distribution of funds**
(A) *In general* — Funds reserved by an eligible county under subparagraph (B)(i) or (C)(i) of paragraph (1) for carrying out projects under subchapter II shall be deposited in a special account in the Treasury of the United States.
(B) *Availability* — Amounts deposited under subparagraph (A) shall—
(i) be available for expenditure by the Secretary concerned, without further appropriation; and
(ii) remain available until expended in accordance with subchapter II.
(3) **Election**
(A) *Notification* — The Governor of each eligible State shall notify the Secretary concerned of an election by an eligible county under this subsection not later than September 30, 2012, and each September 30 thereafter for each succeeding fiscal year.
(B) *Failure to elect* — If the Governor of an eligible State fails to notify the Secretary concerned of the election for an eligible county by the date specified in subparagraph (A)—
(i) the eligible county shall be considered to have elected to expend 80 percent of the funds in accordance with paragraph (1)(A); and
(ii) the remainder shall be available to the Secretary concerned to carry out projects in the eligible county to further the purposes described in [section 7122(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7122/b&num=0&edition=prelim), [section 7123(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7123/c&num=0&edition=prelim), or [section 7124(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7124/a/5&num=0&edition=prelim).
(C) *Effect of late payment for fiscal year 2014* — This paragraph does not apply for fiscal years 2014 and 2015.
(D) *Payments for each of fiscal years 2017 through 2020* — This paragraph does not apply for each of fiscal years 2017 through 2020.1
(E) *Payments for each of fiscal years 2024 and 2025* — This paragraph does not apply for each of fiscal years 2024 and 2025.
**(e) Time for payment** The payments required under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year.
**(f) Treatment as supplemental funding**
(1) **In general** — None of the funds made available to an eligible county under this chapter may be used in lieu of, or to otherwise offset, a State funding source for a local school, facility, or educational purpose.
(2) **Continuation of direct payments** — Payments to States made under this chapter and 25-percent payments made to States and Territories under the Acts of May 23, 1908, and March 1, 1911 ([16 U.S.C. 500](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section500&num=0&edition=prelim)), shall continue to be made as direct payments and not as Federal financial assistance.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State payment** For each of fiscal years 2008 through 2015 and 2017 through 2026, the Secretary of Agriculture shall calculate for each eligible State an amount equal to the sum of the products obtained by multiplying—
(1) the adjusted share for each eligible county within the eligible State; by
(2) the full funding amount for the fiscal year.
**(b) County payment** For each of fiscal years 2008 through 2015 and 2017 through 2026, the Secretary of the Interior shall calculate for each eligible county that received a 50-percent payment during the eligibility period an amount equal to the product obtained by multiplying—
(1) the 50-percent adjusted share for the eligible county; by
(2) the full funding amount for the fiscal year.
**(c) Special rule for fiscal year 2014 payments**
(1) **State payment** — If an eligible county in a State that will receive a share of the State payment for fiscal year 2014 has already received, or will receive, a share of the 25-percent payment for fiscal year 2014 distributed to the State before April 16, 2015, the amount of the State payment shall be reduced by the amount of that eligible county’s share of the 25-percent payment.
(2) **County payment** — If an eligible county that will receive a county payment for fiscal year 2014 has already received a 50-percent payment for that fiscal year, the amount of the county payment shall be reduced by the amount of the 50-percent payment.
**(d) Special rule for fiscal year 2017 payments**
(1) **State payment** — If an eligible county in a State that will receive a share of the State payment for fiscal year 2017 has already received, or will receive, a share of the 25-percent payment for fiscal year 2017 distributed to the State before March 23, 2018, the amount of the State paymen
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 7113
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Federal law — U.S. Code and appendices · legal_authorities
Consent of the Congress of the United States is given to each of the several States of the Union to enter into any agreement or compact, not in conflict with any law of the United States, with any other State or States for the purpose of conserving the forests and the water supply of the States entering into such agreement or compact.
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated such sums as are necessary to carry out this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 7101
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Federal law — U.S. Code and appendices · legal_authorities
On and after May 23, 1908, an amount equal to the annual average of 25 percent of all amounts received for the applicable fiscal year and each of the preceding 6 fiscal years from each national forest shall be paid, at the end of such year, by the Secretary of the Treasury to the State or Territory in which such national forest is situated, to be expended as the State or Territorial legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which such national forest is situated: Provided, That when any national forest is in more than one State or Territory or county the distributive share to each from the proceeds of such forest shall be proportional to its area therein. In sales of logs, ties, poles, posts, cordwood, pulpwood, and other forest products the amounts made available for schools and roads by this section shall be based upon the stumpage value of the timber. Beginning October 1, 1976, the term “moneys received” shall include all collections under the Act of June 9, 1930, and all amounts earned or allowed any purchaser of national forest timber and other forest products within such State as purchaser credits, for the construction of roads on the National Forest Transportation System within such national forests or parts thereof in connection with any Forest Service timber sales contract. The Secretary of Agriculture shall, from time to time as he goes through his process of developing the budget revenue estimates, make available to the States his current projections of revenues and payments estimated to be made under the Act of May 23, 1908, as amended, or any other special Acts making payments in lieu of taxes, for their use for local budget planning purposes.
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Federal law — U.S. Code and appendices · legal_authorities
Page 950
TITLE 16—CONSERVATION
§ 500
1149; June 7, 1924, ch. 348, § 9, 43 Stat. 655; May 29,
1928, ch. 901, § 1(97), 45 Stat. 993.)
Editorial Notes
REFERENCES IN TEXT
Section 471(b) of this title, referred to in text, was re-
pealed by section 704(a) of Pub. L. 94–579, title VII, Oct.
21, 1976, 90 Stat. 2792. For further details, see Codifica-
tion note below.
CODIFICATION
Section is a combination provision the basis for
which is Act Mar. 4, 1907, which superseded previous
provisions relating to the disposal of money received
from sale of products or use of any land or resources of
the forest reserves, contained in Act Feb. 1, 1905, ch.
288, § 5, 33 Stat. 628.
Act Mar. 4, 1911, is the source of the last portion of
the section beginning with the words, ‘‘and also so
much as may be necessary,’’ etc. That Act provides
that so much of the former Act ‘‘which provides for re-
funds by the Secretary of Agriculture to depositors of
moneys to secure the purchase price of timber or the
use of lands or resources of the national forests such
sums as may be found to be in excess of the amounts
found actually due the United States, be, and is hereby,
amended hereafter to appropriate and to include so
much;’’.
The words of this section reading, ‘‘including moneys
received from sale of products from or use of lands in
national forests created under section 471(b) of this
title’’ were derived from the fourth sentence of section
9 of Act of June 7, 1924, which reads as follows: ‘‘All re-
ceipts from the sale of products from or for the use of
lands in such national forests shall be covered into the
Treasury as miscellaneous receipts, forest reserve fund,
and shall be disposed of in like manner as the receipts
from other national forests as provided by existi
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 500
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Federal law — U.S. Code and appendices · legal_authorities
Page 2679
TITLE 16—CONSERVATION
§ 7123
thority of Secretary of Labor, see section 18851 of Title
42, The Public Health and Welfare.
SUBCHAPTER II—SPECIAL PROJECTS ON
FEDERAL LAND
§ 7121. Definitions
In this subchapter:
(1) Participating county
The term ‘‘participating county’’ means an
eligible county that elects under section
7112(d) of this title to expend a portion of the
Federal funds received under section 7112 of
this title in accordance with this subchapter.
(2) Project funds
The term ‘‘project funds’’ means all funds an
eligible county elects under section 7112(d) of
this title to reserve for expenditure in accord-
ance with this subchapter.
(3) Resource advisory committee
The term ‘‘resource advisory committee’’
means—
(A) an advisory committee established by
the Secretary concerned under section 7125
of this title; or
(B) an advisory committee determined by
the Secretary concerned to meet the re-
quirements of section 7125 of this title.
(4) Resource management plan
The term ‘‘resource management plan’’
means—
(A) a land use plan prepared by the Bureau
of Land Management for units of the Federal
land described in section 7102(7)(B) of this
title pursuant to section 1712 of title 43; or
(B) a land and resource management plan
prepared by the Forest Service for units of
the National Forest System pursuant to sec-
tion 1604 of this title.
(Pub. L. 106–393, title II, § 201, as added Pub. L.
110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122
Stat. 3900.)
Editorial Notes
PRIOR PROVISIONS
A prior section 201 of Pub. L. 106–393 was set out in a
note under section 500 of this title prior to repeal by
Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122
Stat. 3893.
§ 7122. General limitation on use of project funds
(
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 7121
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.