16 U.S.C. § 498 — Cooperative work agreements: disposal of

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, protection, management, or improvements by the Forest Service, and for refunds to the con- tributors of amounts heretofore or hereafter paid in by them in excess of their share of the cost of said investigations, protection, manage- ment, or improvements. Payment for work un- dertaken 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 deter- mine whether the acceptance of contributions of money under this section would adversely affect the ability of an officer or employee of the De- partment of Agriculture to carry out a duty or program of the officer or employee in a fair and objective manner or would compromise, or ap- pear to compromise, the integrity of the pro- gram, officer, or employee. The Secretary of Ag- riculture shall establish written rules that pro- tect the interests of the Forest Service in coop- erative work agreements. (June 30, 1914, ch. 131, 38 Stat. 430; May 29, 1928, ch. 901, § 1(99), 45 Stat. 993; Pub. L. 104–127, title III, § 372, Apr. 4, 1996, 110 Stat. 1015.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–127 substituted ‘‘the protection, management, and improvement of the National Forest System’’ for ‘‘the protection and improvement of the national forests’’, inserted ‘‘management,’’ after ‘‘pro- tection,’’ in two places, and inserted at end ‘‘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 coop- erator in the same fiscal year as the expenditure by the Forest Service. A reimbursement received from a coop- erator that covers the proportionate share of the coop- erator 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 appro- priation is no longer available, to the credit of an ap- propriation of the Forest Service that is available for similar work. The Secretary of Agriculture shall estab- lish 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 offi- cer or employee in a fair and objective manner or would compromise, or appear to compromise, the integ- rity of the program, officer, or employee. The Sec- retary of Agriculture shall establish written rules that protect the interests of the Forest Service in coopera- tive work agreements.’’ 1928—Act May 29, 1928, struck out provision which re- quired that annual reports be made to Congress of mon- eys received as contributions for cooperative work. § 499. Disposal of money received by or on ac- count of Forest Service; refund of excess and moneys erroneously collected; receipts from permits All money received by or on account of the Forest Service for timber, or from any other source of national-forest revenue, including moneys received from sale of products from or for the use of lands in national forests created under section 471(b) 1 of this title, and moneys received on account of permits for hunting, fish- ing, or camping on lands acquired under author- ity of sections 513 to 517 and 521 of this title, shall be covered into the Treasury of the United States as a miscellaneous receipt and there is hereby appropriated and made available as the Secretary of Agriculture may direct out of any funds in the Treasury not otherwise appro- priated, so much as may be necessary to make refunds to depositors of money heretofore or hereafter deposited by them to secure the pur- chase price on the sale of any products or for the use of any land or resources of the national for- ests in excess of amounts found actually due from them to the United States and also so much as may be necessary to refund or pay over to the rightful claimants such sums as may be found by the Secretary of Agriculture to have been erroneously collected for the use of any lands, or for timber or other resources sold from lands located within, but not a part of, the na- tional forests, or for alleged illegal acts done upon such lands, which acts are subsequently found to have been proper and legal. (Mar. 4, 1907, ch. 2907, 34 Stat. 1270; Mar. 4, 1911, ch. 238, 36 Stat. 1253; Mar. 4, 1917, ch. 179, 39 Stat.