16 U.S.C. § 499 — Disposal of money received by or on ac-

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. 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 existing law.’’ Section 471(b) of this title, referred to in text, was based on the first and fifth sentences of section 9 of the 1924 act, and was repealed by section 704(a) of Pub. L. 94–579. Section 505 of this title is based on the second and third sentences of section 9 of the 1924 act. The words ‘‘and moneys received on account of per- mits for hunting, fishing, or camping on lands acquired under authority of sections 513 to 517 and 521 of this title,’’ are from a provision of Act Mar. 4, 1917, which reads, ‘‘Hereafter, all moneys received on account of permits for hunting, fishing, or camping, on lands ac- quired under authority of said Act [Act Mar. 1, 1911, ch. 186, 36 Stat. 961] or any Amendment or extension there- of, shall be disposed of as is provided by existing law for the disposition of receipts from national forests.’’ AMENDMENTS 1928—Act May 29, 1928, struck out provision which re- quired the Secretary of Agriculture to make an annual report to Congress of the amounts refunded under this section. § 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 na- tional 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 Terri- torial 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 Octo- ber 1, 1976, the term ‘‘moneys received’’ shall in- clude all collections under the Act of June 9, 1930, and all amounts earned or allowed any pur- chaser 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 na- tional 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 devel- oping the budget revenue estimates, make avail- able to the States his current projections of rev- enues 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. (May 23, 1908, ch. 192, 35 Stat. 260; Mar. 1, 1911, ch. 186, § 13, 36 Stat. 963; June 30, 1914, ch. 131, 38 Stat. 441; Sept. 21, 1944, ch. 412, title II, § 212, 58 Stat. 737; Apr. 24, 1950, ch. 97, § 17(b), 64 Stat. 87; Pub. L. 94–588, § 16, Oct. 22, 1976, 90 Stat. 2961; Pub. L. 110–343, div. C, title VI, § 601(b), Oct. 3, 2008, 122 Stat. 3910.) Editorial Notes REFERENCES IN TEXT Act of June 9, 1930, referred to in text, is act June 9, 1930, ch. 416, 46 Stat. 527, popularly known as the Knutson-Vandenberg Act, which is classified generally to sections 576, 576a, and 576b of this title. For complete classification of this Act to the Code, see Short Title note set out under section 576 of this title and Tables. Act of May 23, 1908, referred to in text, is act May 23, 1908, ch. 192, 35 Stat. 251. A portion of that act appear- ing at 35 Stat. 260 is classified to this section. For com- plete classification of this Act to the Code, see Tables. CODIFICATION ‘‘National forest’’ substituted in text for ‘‘forest re- serve’’ the first, third and fourth time appearing, and for ‘‘reserve’’ the second time appearing, and ‘‘forest’’ substituted for ‘‘reserve’’, on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest reserves shall hereafter be known as national forests. Section is a combination of acts May 23, 1908, as amended, and Mar. 1, 1911, as amended. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: June 28, 1944, ch. 296, 58 Stat. 444. July 12, 1943, ch. 215, 57 Stat. 412. July 22, 1942, ch. 516, 56 Stat. 680. July 1, 1941, ch. 267, 55 Stat. 423. AMENDMENTS 2008—Pub. L. 110–343, which directed substitution of ‘‘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 na- tional forest shall be paid’’ for ‘‘twenty-five percentum’’ and all that follows through ‘‘shall be