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Title 16 — Conservation

Chapter 41 — Cooperative Forestry Assistance

§ 2108. Consolidation of payments

Statutory text

(a)

Request by State; excluded funds

To provide flexibility in funding activities authorized under this chapter, the Secretary may, upon the request of any State, consolidate the annual financial assistance payments to that State under this chapter, in lieu of functional cost sharing mechanisms, formulas, or agreements. However, consolidated payments shall not include money appropriated under section 2103 1 of this title or money from any special Treasury fund established under this chapter.

(b)

State forest resources programs as basis

Consolidation of payments made under this section shall be based upon State forest resources programs developed by State foresters or equivalent State officials, and reviewed by the Secretary.

(c)

Amount of payments

Consolidated payments to any State during any fiscal year shall not exceed the total amount of non-Federal funds expended within the State during that year to implement its State forest resources program. However, the Secretary may make payments that exceed the non-Federal amount expended for selected activities under the program, if the total Federal expenditure during any fiscal year does not exceed the total non-Federal expenditure during that year under the State forest resources program.

(d)

Certification requirement by State forester or equivalent State official for Federal payment

The Secretary may make consolidated payments on the certificate of the State forester or equivalent State official that the conditions for Federal payment have been met.

(e)

Administration of consolidated payments program not to adversely affect, etc., other programs

The Secretary shall administer this section to ensure that the use of consolidated payments does not adversely affect or eliminate any program authorized under this chapter.

(f)

Total annual amount of financial assistance to participating State; financial assistance for special projects not to be included in determining base amount

Subject to applicable appropriation Acts, the total annual amount of financial assistance to any participating State after , shall not be less than the base amount of financial assistance provided to that State under all the provisions of law specified in section 2111 of this title during the fiscal year in which this chapter is enacted. However, financial assistance for special projects of two years or less duration shall not be included in determining the base amount for any participating State.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Cooperative Forestry Assistance Act of 1978

    Pub. L. 95–313 § 12 · 92 Stat. 365

    Enacted · 16 U.S.C. § 2108

    Pub. L. 95–313, § 12, formerly § 9, July 1, 1978, 92 Stat. 372

    Source evidence

    Code source credit
    Pub. L. 95–313, § 12, formerly § 9, July 1, 1978, 92 Stat. 372

    Enacted provision · exact public law section
    Sec. 12. reports To ensure that Congress has adequate information to implement its oversight responsibilities and to provide accountability for expenditures and activities under this Act, section 8(c) of the Forest 16 USC 1606. and Rangeland Renewable Resources Planning Act of 1974 is amended by— (1) inserting immediately before the period at the end of the last sentence “and in cooperative State and private Forest Service programs”; and (2) adding a new sentence at the end thereof as follows: “With regard to the cooperative forestry assistance part of the Program, the report shall include, but not be limited to, a description of the status, accomplishments, needs, and work backlogs for the programs and activities conducted under the Cooperative Forestry Assistance Act of 1978.”.

  2. Forest Stewardship Act of 1990

    Pub. L. 101–624 § 1224(2) · 104 Stat. 3359

    Changed · 16 U.S.C. § 2108(f)

    Pub. L. 101–624, § 1224(2), made technical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–624, § 1224(2), made technical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act.

    Enacted provision · exact public law section
    (2) in section 12(f) (as redesignated by section 1215 of this Act) (16 U.S.C. 2108(f)) by striking “13” in subsection (f) and inserting “16”; and

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 2103 of this title, referred to in subsec. (a), was repealed and a new section 2103 enacted by Pub. L. 107–171, title VIII, §§ 8001(a), 8002(b), , 116 Stat. 468. Section 2103, as enacted by Pub. L. 107–171, was subsequently repealed by Pub. L. 113–79, title VIII, § 8001(a), , 128 Stat. 913.

Prior Provisions

A prior section 12 of Pub. L. 95–313, which amended section 1606 of this title and enacted provisions set out as a note under that section, was renumbered section 15.

Amendments

1990—Subsec. (f). Pub. L. 101–624, § 1224(2), made technical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act.

Credits

1978–1990 · 2 acts
  1. 1978Pub. L. 95–313, § 12, formerly § 9, , 92 Stat. 372
  2. 1990renumbered § 12 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1224(2), , 104 Stat. 3525, 3542.
Show as published

(Pub. L. 95–313, § 12, formerly § 9, , 92 Stat. 372; renumbered § 12 and amended Pub. L. 101–624, title XII, §§ 1215(1), 1224(2), , 104 Stat. 3525, 3542.)

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