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16 U.S.C. § 7111 — Secure payments for States containing

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16 U.S.C. § 7111 — Secure payments for States containing

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Page 2674 TITLE 16—CONSERVATION § 7111 sections 1181f–1 to 1181f–4 of Title 43, Public Lands, and provisions set out as a note under section 1181f–1 of Title 43 prior to editorial reclassification, and is now classified generally to subchapter II (§ 2621 et seq.) of chapter 44 of Title 43. For complete classification of this Act to the Code, see Tables. Sections 13982 and 13983 of the Omnibus Budget Rec- onciliation Act of 1993, referred to in par. (14), are sec- tions 13982 and 13983 of Pub. L. 103–66, which were set out as notes under section 500 of this title and section 1181f of Title 43, Public Lands, respectively, prior to re- peal by Pub. L. 106–393, title IV, § 404, Oct. 30, 2000, 114 Stat. 1623. PRIOR PROVISIONS A prior section 3 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. AMENDMENTS 2021—Par. (11)(D) to (F). Pub. L. 117–58 added subpars. (D) to (F) and struck out former subpars. (D) and (E) which read as follows: ‘‘(D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015; and ‘‘(E) for fiscal year 2018 and each fiscal year there- after, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year.’’ 2018—Par. (11)(C) to (E). Pub. L. 115–141, § 401(a)(1), as amended by Pub. L. 115–334, § 8704(a)(1)(B), substituted ‘‘through fiscal year 2015’’ for ‘‘and each fiscal year thereafter’’ in subpar. (C) and added subpars. (D) and (E). 2012—Par. (11)(B), (C). Pub. L. 112–141 substituted ‘‘each of fiscal years 2009 through 2011’’ for ‘‘fiscal year 2009 and each fiscal year thereafter’’ in subpar. (B) and added subpar. (C). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–334 effective as if enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, div. O of Pub. L. 115–141, see section 8704(a)(2) of Pub. L. 115–334, set out as a note under section 901 of Title 2, The Congress. WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. SUBCHAPTER I—SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL LAND Statutory Notes and Related Subsidiaries Similar provisions were contained in the following prior appropriation act: Pub. L. 116–6, div. E, title IV, § 427, Feb. 15, 2019, 133 Stat. 264. § 7111. Secure payments for States containing Federal land (a) State payment For each of fiscal years 2008 through 2015 and 2017 through 2023, 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 coun- ty 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 2023, the Secretary of the Interior shall calculate for each eligible county that re- ceived a 50-percent payment during the eligi- bility period an amount equal to the product ob- tained by multiplying— (1) the 50-percent adjusted share for the eli- gible 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 re- ceive 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 al- ready received a 50-percent payment for that fiscal year, the amount of the county payment shall be reduced by the amount of the 50-per- cent payment. (d) Special rule for fiscal year 2017 payments (1) State payment If an eligible county in a State that will re- ceive 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 payment shall be reduced by the amount of the share of the eligible county of the 25-percent payment. (2) County payment If an eligible county that will receive a county payment for fiscal year 2017 has al- ready received a 50-percent payment for fiscal year 2017, the amount of the county payment shall be reduced by the amount of the 50-per- cent payment. (3) Prompt payment Not later than 45 days after March 23, 2018, the Secretary of the Treasury shall make all payments under this subchapter for fiscal year 2017. (Pub. L. 106–393, title I, § 101, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3896; amended Pub. L. 112–141, div. F, title I, § 100101(a)(2), July 6, 2012, 126 Stat. 905; Pub. L. 113–40, § 10(a)(1)(A), Oct. 2, 2013, 127 Stat. 544; Pub. L. 114–10, title V, § 524(a)(1), (3), Apr. 16, 2015, 129 Stat. 178, 179; Pub. L. 115–141, div. O, title IV, § 401(a)(2), Mar. 23, 2018, 132 Stat. 1077; Pub. L. 116–94, div. I, title III, § 301(a)(1), Dec. 20, 2019, 133 Stat. 3020; Pub. L. 117–58, div. D, title XII, § 41202(b)(1), Nov. 15, 2021, 135 Stat. 1132.) Editorial Notes PRIOR PROVISIONS A prior section 101 of Pub. L. 106–393 was set out in a note under section 500 of this title prior to repeal by Page 2675 TITLE 16—CONSERVATION § 7112 1 See County Elections for Fiscal Year 2021 Under the Secure Rural Schools and Community Self-Determination Act of 2000 note below. Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3893. AMENDMENTS 2021—Subsecs. (a), (b). Pub. L. 117–58 substituted ‘‘2015 and 2017 through 2023’’ for ‘‘2015, 2017, 2018, 2019, and 2020’’ in introductory provisions. 2019—Subsecs. (a), (b). Pub. L. 116–94 substituted ‘‘2018, 2019, and 2020’’ for ‘‘and 2018’’ in introductory provisions. 2018—Subsecs. (a), (b). Pub. L. 115–141, § 401(a)(2)(A), substituted ‘‘2015, 2017, and 2018’’ for ‘‘2015’’ in introduc- tory provisions. Subsec. (d). Pub. L. 115–141, § 401(a)(2)(B), added sub- sec. (d). 2015—Subsecs. (a), (b). Pub. L. 114–10, § 524(a)(1), sub- stituted ‘‘2015’’ for ‘‘2013’’ in introductory provisions. Subsec. (c). Pub. L. 114–10, § 524(a)(3), added subsec. (c). 2013—Subsecs. (a), (b). Pub. L. 113–40 substituted ‘‘2013’’ for ‘‘2012’’ in introductory provisions. 2012—Subsecs. (a), (b). Pub. L. 112–141 substituted ‘‘2012’’ for ‘‘2011’’ in introductory provisions. Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare. § 7112. Payments to States and counties (a) Payment amounts Except as provided in section 7113 of this title, 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-per- cent 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-per- cent 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 pay- ment, a share of the 25-percent payment, the 50-percent payment, or a share of the 25-per- cent 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 con- cerned determines is practicable), and Au- gust 1 of each second fiscal year thereafter, in accordance with paragraph (2), and trans- mitted 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 sub- paragraph (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 sub- paragraph (A) shall not apply for each of fis- cal years 2017 through 2020.1 (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 re- ceive 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. (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 mis- cellaneous 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 sub- section (a) for Federal land described in sec- tion 7102(7)(A) of this title shall distribute the appropriate payment amount among the ap- propriate counties in the State in accordance with— (A) the Act of May 23, 1908 (16 U.S.C. 500); and (B) section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). (2) Expenditure purposes Subject to subsection (d), payments received by a State under subsection (a) and distributed

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 500 — Payment and evaluation of receipts to State or Territory for schools and roads; moneys received; projections of revenues and estimated payments

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

16 U.S.C. § 500 — Payment and evaluation of receipts to

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

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 7111 — Purposes

The purposes of this chapter are— (1) to stabilize and transition payments to counties to provide funding for schools and roads that supplements other available funds; (2) to make additional investments in, and create additional employment opportunities through, projects that— (A) (i) improve the maintenance of existing infrastructure; (ii) implement stewardship objectives that enhance forest ecosystems; and (iii) restore and improve land health and water quality; (B) enjoy broad-based support; and (C) have objectives that may include— (i) road, trail, and infrastructure maintenance or obliteration; (ii) soil productivity improvement; (iii) improvements in forest ecosystem health; (iv) watershed restoration and maintenance; (v) the restoration, maintenance, and improvement of wildlife and fish habitat; (vi) the control of noxious and exotic weeds; and (vii) the reestablishment of native species; and (3) to improve cooperative relationships among— (A) the people that use and care for Federal land; and (B) the agencies that manage the Federal land.

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