USC Subchapter I

USC Subchapter I
in effect

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

(a) State paymentFor 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 paymentFor 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 paymentIf 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 paymentIf 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 paymentIf 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 payment shall be reduced by the amount of the share of the eligible county of the 25-percent payment. (2) County paymentIf an eligible county that will receive a county payment for fiscal year 2017 has already received a 50-percent payment for fiscal year 2017, the amount of the county payment shall be reduced by the amount of the 50-percent payment. (3) Prompt paymentNot later than 45 days after March 23, 2018, the Secretary of the Treasury shall make all payments under this subchapter for fiscal year 2017. (e) Special rule for fiscal year 2024 and 2025 payments(1) State paymentIf an eligible county in a State that will receive a share of the State payment for fiscal year 2024 or 2025 has already received, or will receive, a share of the 25-percent payment for that fiscal year distributed to the State before December 18, 2025, 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 paymentIf an eligible county that will receive a county payment for fiscal year 2024 or 2025 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. (3) Prompt paymentNot later than 45 days after December 18, 2025, the Secretary of the Treasury shall make all payments under this subchapter for each of fiscal years 2024 and 2025.

16 U.S.C. § 7112 Payments to States and counties

(a) Payment amountsExcept 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-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 generalThe 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 transmitIf 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 2015The election otherwise required by subparagraph (A) shall not apply for fiscal year 2014 or 2015. (D) Payments for each of fiscal years 2017 through 2020The 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 2025The election otherwise required by subparagraph (A) shall not apply for each of fiscal years 2024 and 2025. (2) Duration of election(A) In generalA 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 amountIf 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 2025The 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 amountsThe 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 methodA State that receives a payment under subsection (a) for Federal land described in section 7102(7)(A) of this title 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); and (B) section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). (2) Expenditure purposesSubject 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 applicableExcept 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 balanceExcept 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 distributionsIn 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 distributionsIn 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 2014The 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 2020The 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 2025The 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 generalFunds 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) AvailabilityAmounts 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) NotificationThe 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 electIf 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, section 7123(c) of this title, or section 7124(a)(5) of this title. (C) Effect of late payment for fiscal year 2014This paragraph does not apply for fiscal years 2014 and 2015. (D) Payments for each of fiscal years 2017 through 2020This paragraph does not apply for each of fiscal years 2017 through 2020.1 (E) Payments for each of fiscal years 2024 and 2025This paragraph does not apply for each of fiscal years 2024 and 2025. (e) Time for paymentThe 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 generalNone 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 paymentsPayments 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), shall continue to be made as direct payments and not as Federal financial assistance.

16 U.S.C. § 7113 Transition payments to States

(a) DefinitionsIn this section:(1) Adjusted amountThe term “adjusted amount” means, with respect to a covered State—(A) for fiscal year 2008, 90 percent of—(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) 11 See References in Text note below. (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 7112(b) of this title to receive a share of the State payment for fiscal year 2008; and (ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) 1 (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 7112(b) of this title to receive the county payment for fiscal year 2008; (B) for fiscal year 2009, 81 percent of—(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) 1 (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 7112(b) of this title to receive a share of the State payment for fiscal year 2009; and (ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) 1 (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 7112(b) of this title to receive the county payment for fiscal year 2009; and (C) for fiscal year 2010, 73 percent of—(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) 1 (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 7112(b) of this title to receive a share of the State payment for fiscal year 2010; and (ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) 1 (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 7112(b) of this title to receive the county payment for fiscal year 2010. (2) Covered StateThe term “covered State” means each of the States of California, Louisiana, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, and Washington. (b) Transition paymentsFor each of fiscal years 2008 through 2010, in lieu of the payment amounts that otherwise would have been made under paragraphs (1)(B) and (2)(B) of section 7112(a) of this title, the Secretary of the Treasury shall pay the adjusted amount to each covered State and the eligible counties within the covered State, as applicable. (c) Distribution of adjusted amountExcept as provided in subsection (d), it is the intent of Congress that the method of distributing the payments under subsection (b) among the counties in the covered States for each of fiscal years 2008 through 2010 be in the same proportion that the payments were distributed to the eligible counties in fiscal year 2006. (d) Distribution of payments in CaliforniaThe following payments shall be distributed among the eligible counties in the State of California in the same proportion that payments under section 102(a)(2) 1 (as in effect on September 29, 2006) were distributed to the eligible counties for fiscal year 2006:(1) Payments to the State of California under subsection (b). (2) The shares of the eligible counties of the State payment for California under section 7112 of this title for each of fiscal years 2011 through 2015 and for each of fiscal years 2017 through 2026. (e) Treatment of paymentsFor purposes of this chapter, any payment made under subsection (b) shall be considered to be a payment made under section 7112(a) of this title.

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