§ 498. Cooperative work agreements: disposal of moneys received; refund of excess; payment from appropriation; conflict of interest

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. 1914

   Pub. L. 63–131 · 38 Stat. 415

   Enacted · 16 U.S.C. § 498

   June 30, 1914, ch. 131, 38 Stat. 430

   Source evidence

   Code source credit
   June 30, 1914, ch. 131, 38 Stat. 430

2. 1996

   Federal Agriculture Improvement and Reform Act of 1996

   Pub. L. 104–127 title III § 372 · 110 Stat. 888

   1. Substituted · 16 U.S.C. § 498

      Pub. L. 104–127 substituted “the protection, management, and improvement of the National Forest System” for “the protection and improvement of the national forests”

   2. Inserted · 16 U.S.C. § 498

      Pub. L. 104–127 inserted “management,” after “protection,” in two places

   3. Inserted · 16 U.S.C. § 498

      Pub. L. 104–127 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 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 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 officer or employee in a fair and objective manner or would compromise, or appear to compromise, the integrity of the program, officer, or employee. The Secretary of Agriculture shall establish written rules that protect the interests of the Forest Service in cooperative work agreements.”

   Source evidence

   Code amendment note
   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 “protection,” 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 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 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 officer or employee in a fair and objective manner or would compromise, or appear to compromise, the integrity of the program, officer, or employee. The Secretary of Agriculture shall establish written rules that protect the interests of the Forest Service in cooperative work agreements.”

   Enacted provision · exact public law section
   SEC. 372. COOPERATIVE WORK FOR PROTECTION, MANAGEMENT, AND IMPROVEMENT OF NATIONAL FOREST SYSTEM. The penultimate paragraph of the matter under the heading “FOREST SERVICE.” of the first section of the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 U.S.C. 498), is amended— (1) by inserting “, management,” after “the protection”; (2) by striking “national forests,” and inserting “National Forest System,”; (3) by inserting “management,” after “protection,” both places it appears; and (4) by adding at the end the following: “Payment for work undertaken pursuant to this paragraph 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 Rules. of Agriculture shall establish written rules that establish criteria to be used to determine whether the acceptance of contributions of money under this paragraph would adversely affect the ability of an officer or employee of the Department of Agriculture to carry out a duty or program of the officer or employee in a fair and objective manner or would compromise, or appear to compromise, the integrity of the program, officer, or employee. The Secretary of Agriculture shall establish Rules. written rules that protect the interests of the Forest Service in cooperative work agreements.”.

3 of 4 references resolved to an enrolled provision · 1 partial