Collapse to view only § 7113. Transition payments to States
- § 7111. Secure payments for States containing Federal land
- § 7112. Payments to States and counties
- § 7113. Transition payments to States
§ 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 county 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 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 payment
(2) County payment
(d) Special rule for fiscal year 2017 payments
(1) State payment
(2) County payment
(3) Prompt payment
(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.)
§ 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 general
(B) Failure to transmit
(C) Effect of late payment for fiscal years 2014 and 2015
(D) Payments for each of fiscal years 2017 through 2020
(2) Duration of election
(A) In general
(B) Full funding amount
(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 purposes
(d) Expenditure rules for eligible counties
(1) Allocations
(A) Use of portion in same manner as 25-percent payment or 50-percent payment, as applicable
(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 distributions
(E) Effect of late payment for fiscal year 2014
(F) Payments for each of fiscal years 2017 through 2020
(2) Distribution of funds
(A) In general
(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) Notification
(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 2014
(D) Payments for each of fiscal years 2017 through 2020
(e) Time for payment
(f) Treatment as supplemental funding
(1) In general
(2) Continuation of direct payments
(Pub. L. 106–393, title I, § 102, 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), (3), July 6, 2012, 126 Stat. 905; Pub. L. 113–40, § 10(a)(1)(B), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(b), Apr. 16, 2015, 129 Stat. 179; Pub. L. 115–141, div. O, title IV, § 401(a)(3)(A)–(D), Mar. 23, 2018, 132 Stat. 1077, 1078; Pub. L. 116–94, div. I, title III, § 301(a)(2)(A), (B), Dec. 20, 2019, 133 Stat. 3020.)
§ 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) 1
1 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 State
(b) Transition payments
(c) Distribution of adjusted amount
(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 2023.
(e) Treatment of payments
(Pub. L. 106–393, title I, § 103, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3899; amended Pub. L. 112–141, div. F, title I, § 100101(a)(4), July 6, 2012, 126 Stat. 906; Pub. L. 113–40, § 10(a)(1)(C), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(a)(4), Apr. 16, 2015, 129 Stat. 179; Pub. L. 115–141, div. O, title IV, § 401(a)(3)(E), Mar. 23, 2018, 132 Stat. 1078; Pub. L. 116–94, div. I, title III, § 301(a)(2)(C), Dec. 20, 2019, 133 Stat. 3020; Pub. L. 117–58, div. D, title XII, § 41202(b)(2), Nov. 15, 2021, 135 Stat. 1132.)