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16 U.S.C. § 8464 — Pay-for-performance projects
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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Source location: Title 16, Chapter 103, § 8464; chapter-103-expanding-public-lands-outdoor-recreation-experiences.md
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**(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” means a State or local government, an Indian Tribe, or a nonprofit or for-profit organization that provides upfront loaned capital for a pay-for-performance project with the expectation of a financial return dependent on a project outcome.
(6) **Pay-for-performance project** — The term “pay-for-performance project” means a project that—
(A) would provide or enhance a recreational opportunity;
(B) is conducted on—
(i) National Forest System land; or
(ii) other land, if the activities would benefit National Forest System land (including a recreational use of National Forest System land); and
(C) would use an innovative funding or financing model that leverages—
(i) loaned capital from a pay-for-performance investor to cover upfront costs associated with a pay-for-performance project, with the loaned capital repaid by a pay-for-performance beneficiary at a rate of return dependent on a project outcome, as measured by an independent evaluator; or
(ii) capital directly from a pay-for-performance beneficiary to support costs associated with a pay-for-performance project in an amount based on an anticipated project outcome.
(7) **Pay-for-performance project developer** — The term “pay-for-performance project developer” means a nonprofit or for-profit organization that serves as an intermediary to assist in developing or implementing a pay-for-performance agreement or a pay-for-performance project.
(8) **Project outcome** — The term “project outcome” means a measurable, beneficial result (whether economic, environmental, or social) that is attributable to a pay-for-performance project and described in a pay-for-performance agreement.
**(b) Establishment of pilot program** The Secretary of Agriculture shall establish a pilot program in accordance with this section to carry out 1 or more pay-for-performance projects.
**(c) Pay-for-performance projects**
(1) **In general** — Using funds made available through a pay-for-performance agreement or appropriations, all or any portion of a pay-for-performance project may be implemented by—
(A) the Secretary of Agriculture; or
(B) a pay-for-performance project developer or a third party, subject to the conditions that—
(i) the Secretary of Agriculture shall approve the implementation by the pay-for-performance project developer or third party; and
(ii) the implementation is in accordance with applicable law.
(2) **Relation to land management plans** — A pay-for-performance project carried out under this section shall be consistent with any applicable land management plan developed under [section 1604 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1604&num=0&edition=prelim).
(3) **Ownership**
(A) *New improvements* — The United States shall have title to any improvements installed on National Forest System land as part of a pay-for-performance project.
(B) *Existing improvements* — Investing in, conducting, or completing a pay-for-performance project on National Forest System land shall not affect the title of the United States to—
(i) any federally owned improvements involved in the pay-for-performance project; or
(ii) the underlying land.
(4) **Savings clause** — The carrying out of any action for a pay-for-performance project does not provide any right to any party to a pay-for-performance agreement.
(5) **Potential conflicts** — Before approving a pay-for-performance project under this section, the Secretary of Agriculture shall consider and seek to avoid potential conflicts (including economic competition) with any existing written authorized use.
**(d) Project agreements**
(1) **In general** — Notwithstanding the Act of June 30, 1914 (38 Stat. 430, chapter 131; [16 U.S.C. 498](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section498&num=0&edition=prelim)), or subtitle C of title XX of the Social Security Act ([42 U.S.C. 1397n](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397n&num=0&edition=prelim) et seq.), in carrying out the pilot program under this section, the Secretary of Agriculture may enter into a pay-for-performance agreement under which a pay-for-performance beneficiary, pay-for-performance investor, or pay-for-performance project developer agrees to pay for or finance all or part of a pay-for-performance project.
(2) **Size limitation** — The Secretary of Agriculture may not enter into a pay-for-performance agreement under the pilot program under this section for a pay-for-performance project valued at more than $15,000,000.
(3) **Financing**
(A) *In general* — A pay-for-performance agreement shall specify the amounts that a pay-for-performance beneficiary or a pay-for-performance project developer agrees to pay to a pay-for-performance investor or a pay-for-performance project developer, as appropriate, in the event of an independent evaluator determining pursuant to subsection (e) the degree to which a project outcome has been achieved.
(B) *Eligible payments* — An amount described in subparagraph (A) shall be—
(i) based on—
(I) the respective contributions of the parties under the pay-for-performance agreement; and
(II) the economic, environmental, or social benefits derived from the project outcomes; and
(ii)
(I) a percentage of the estimated value of a project outcome;
(II) a percentage of the estimated cost savings to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome;
(III) a percentage of the enhanced revenue to the pay-for-performance beneficiary or the Secretary of Agriculture derived from a project outcome; or
(IV) a percentage of the cost of the pay-for-performance project.
(C) *Forest service financial assistance* — Subject to the availability of appropriations, the Secretary of Agriculture may contribute funding for a pay-for-performance project only if—
(i) the Secretary of Agriculture demonstrates that—
(I) the pay-for-performance project would provide a cost savings to the United States;
(II) the funding would accelerate the pace of implementation of an activity previously planned to be completed by the Secretary of Agriculture; or
(III) the funding would accelerate the scale of implementation of an activity previously planned to be completed by the Secretary of Agriculture; and
(ii) the contribution of the Secretary of Agriculture has a value that is not more than 50 percent of the total cost of the pay-for-performance project.
(D) *Special account* — Any funds received by the Secretary of Agriculture under subsection (c)(1)—
(i) shall be retained in a separate fund in the Treasury to be used solely for pay-for-performance projects; and
(ii) shall remain available until expended and without further appropriation.
(4) **Maintenance and decommissioning of pay-for-performance project improvements** — A pay-for-performance agreement shall—
(A) include a plan for maintaining any capital improvement constructed as part of a pay-for-performance project after the date on which the pay-for-performance project is completed; and
(B) specify the party that will be responsible for decommissioning the improvements associated with the pay-for-performance project—
(i) at the end of the useful life of the improvements;
(ii) if the improvements no longer serve the purpose for which the improvements were developed; or
(iii) if the pay-for-performance project fails.
(5) **Termination of pay-for-performance project agreements** — The Secretary of Agriculture may unilaterally terminate a pay-for-performance agreement, in whole or in part, for any program year beginning after the program year during which the Secretary of Agriculture provides to each party to the pay-for-performance agreement a notice of the termination.
**(e) Independent evaluations**
(1) **Progress reports** — An independent evaluator shall submit to the Secretary of Agriculture and each party to the applicable pay-for-performance agreement—
(A) by not later than 2 years after the date on which the pay-for-performance agreement is executed, and at least once every 2 years thereafter, a written report that summarizes the progress that has been made in achieving each project outcome; and
(B) before the first scheduled date for a payment described in subsection (d)(3)(A), and each subsequent date for payment, a written report that—
(i) summarizes the results of the evaluation conducted by the independent evaluator to determine whether a payment should be made pursuant to the pay-for-performance agreement; and
(ii) analyzes the reasons why a project outcome was achieved or was not achieved.
(2) **Final reports** — Not later than 180 days after the date on which a pay-for-performance project is completed, the independent evaluator shall submit to the Secretary of Agriculture and each party to the pay-for-performance agreement a written report that includes, with respect to the period covered by the report—
(A) an evaluation of the effects of the pay-for-performance project with respect to each project outcome;
(B) a determination of whether the pay-for-performance project has met each project outcome; and
(C) the amount of the payments made for the pay-for-performance project pursuant to subsection (d)(3)(A).
**(f) Additional Forest Service-provided assistance**
(1) **Technical assistance** — The Secretary of Agriculture may provide technical assistance to facilitate pay-for-performance project development, such as planning, permitting, site preparation, and design work.
(2) **Consultants** — Subject to the availability of appropriations, the Secretary of Agriculture may hire a contractor—
(A) to conduct a feasibility analysis of a proposed pay-for-performance project;
(B) to assist in the development, implementation, or evaluation of a proposed pay-for-performance project or a pay-for-performance agreement; or
(C) to assist with an environmental analysis of a proposed pay-for-performance project.
**(g) Savings clause** The Secretary of Agriculture shall approve a record of decision, decision notice, or decision memo for any activities to be carried out on National Forest System land as part of a pay-for-performance project before the Secretary of Agriculture may enter into a pay-for-performance agreement involving the applicable pay-for-performance project.
**(h) Duration of pilot program**
(1) **Sunset** — The authority to enter into a pay-for-performance agreement under this section terminates on the date that is 7 years after January 4, 2025.
(2) **Savings clause** — Nothing in paragraph (1) affects any pay-for-performance project agreement entered into by the Secretary of Agriculture under this section before the date described in that paragraph.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 498
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development, maintenance, and revision by Secretary as part of program; coordination** As a part of the Program provided for by [section 1602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1602&num=0&edition=prelim), the Secretary shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies.
**(b) Criteria** In the development and maintenance of land management plans for use on units of the National Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences.
**(c) Incorporation of standards and guidelines by Secretary; time of completion; progress reports; existing management plans** The Secretary shall begin to incorporate the standards and guidelines required by this section in plans for units of the National Forest System as soon as practicable after October 22, 1976, and shall attempt to complete such incorporation for all such units by no later than September 30, 1985. The Secretary shall report to the Congress on the progress of such incorporation in the annual report required by [section 1606(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1606/c&num=0&edition=prelim). Until such time as a unit of the National Forest System is managed under plans developed in accordance with this subchapter, the management of such unit may continue under existing land and resource management plans.
**(d) Public participation and consultation**
(1) **In general** — The Secretary shal
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 1604
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this division are the following:
(1) To improve the lives of families and individuals in need in the United States by funding social programs that achieve real results.
(2) To redirect funds away from programs that, based on objective data, are ineffective, and into programs that achieve demonstrable, measurable results.
(3) To ensure Federal funds are used effectively on social services to produce positive outcomes for both service recipients and taxpayers.
(4) To establish the use of social impact partnerships to address some of our Nation’s most pressing problems.
(5) To facilitate the creation of public-private partnerships that bundle philanthropic or other private resources with existing public spending to scale up effective social interventions already being implemented by private organizations, nonprofits, charitable organizations, and State and local governments across the country.
(6) To bring pay-for-performance to the social sector, allowing the United States to improve the impact and effectiveness of vital social services programs while redirecting inefficient or duplicative spending.
(7) To incorporate outcomes measurement and randomized controlled trials or other rigorous methodologies for assessing program impact.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1397n
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1305
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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
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 498
Stored review status: historical_2024_not_currentness_verified. The source passage cites 16 U.S.C. § 498. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2731
TITLE 16—CONSERVATION
§ 8203
(E) 1 shall be a representative of the Asso-
ciation of Fish and Wildlife Agencies;
(F) 4 shall be representatives of State
agencies, 1 of whom shall be nominated by a
regional association of fish and wildlife
agencies from each of the Northeast, South-
east, Midwest, and Western regions of the
United States;
(G) 2 shall be representatives of Indian
Tribes, of whom—
(i) 1 shall be a representative of Indian
Tribes in the State of Alaska; and
(ii) 1 shall be a representative of Indian
Tribes in States other than the State of
Alaska;
(H) 2 shall be representatives of—
(i) the Regional Fishery Management
Councils established by section 1852(a)(1)
of this title; or
(ii) the Marine Fisheries Commissions;
(I) 1 shall be a representative of the Sport
Fishing and Boating Partnership Council;
(J) 7 shall be representatives selected from
at least one from each of the following:
(i) the recreational sportfishing indus-
try;
(ii) the commercial fishing industry;
(iii) marine recreational anglers;
(iv) freshwater recreational anglers;
(v) habitat conservation organizations;
and
(vi) science-based fishery organizations;
(K) 1 shall be a representative of a na-
tional private landowner organization;
(L) 1 shall be a representative of an agri-
cultural production organization;
(M) 1 shall be a representative of local gov-
ernment interests involved in fish habitat
restoration;
(N) 2 shall be representatives from dif-
ferent sectors of corporate industries, which
may include—
(i) natural resource commodity inter-
ests, such as petroleum or mineral extrac-
tion;
(ii) natural resource user industries; and
(iii) industries with an interest in fish
and fish habitat conservation; and
(O) 1 shall be an individual in a lead
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 8464
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 4444
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1397m–3
1 See References in Text note below.
respect to elder abuse, neglect, and exploi-
tation for national organizations and State
long-term care ombudsman programs.
(2) Authorization of appropriations
There are authorized to be appropriated to
carry out this subsection, for each of fiscal
years 2011 through 2014, $10,000,000.
(Aug. 14, 1935, ch. 531, title XX, § 2043, as added
Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23,
2010, 124 Stat. 796.)
§ 1397m–3. Provision of information regarding,
and evaluations of, elder justice programs
(a) Provision of information
To be eligible to receive a grant under this
part, an applicant shall agree—
(1) except as provided in paragraph (2), to
provide the eligible entity conducting an eval-
uation under subsection (b) of the activities
funded through the grant with such informa-
tion as the eligible entity may require in order
to conduct such evaluation; or
(2) in the case of an applicant for a grant
under section 1397m(b) of this title, to provide
the Secretary with such information as the
Secretary may require to conduct an evalua-
tion or audit under subsection (c).
(b) Use of eligible entities to conduct evaluations
(1) Evaluations required
Except as provided in paragraph (2), the Sec-
retary shall—
(A) reserve a portion (not less than 2 per-
cent) of the funds appropriated with respect
to each program carried out under this part;
and
(B) use the funds reserved under subpara-
graph (A) to provide assistance to eligible
entities to conduct evaluations of the activi-
ties funded under each program carried out
under this part.
(2) Certified EHR technology grant program
not included
The provisions of this subsection shall not
apply to the ce
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1397n
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 1397n. This identifies an authority to review, not proof of applicability.