Title 16 — Conservation

Chapter 90 — Secure Rural Schools and Community Self-Determination

§ 7102. Definitions

Statutory text

In this chapter:

Adjusted share

The term “adjusted share” means the number equal to the quotient obtained by dividing—

the number equal to the quotient obtained by dividing—

the base share for the eligible county; by

the income adjustment for the eligible county; by

the number equal to the sum of the quotients obtained under subparagraph (A) and paragraph (8)(A) for all eligible counties.

Base share

The term “base share” means the number equal to the average of—

the quotient obtained by dividing—

the number of acres of Federal land described in paragraph (7)(A) in each eligible county; by

the total number acres 1 of Federal land in all eligible counties in all eligible States; and

the quotient obtained by dividing—

the amount equal to the average of the 3 highest 25-percent payments and safety net payments made to each eligible State for each eligible county during the eligibility period; by

the amount equal to the sum of the amounts calculated under clause (i) and paragraph (9)(B)(i) for all eligible counties in all eligible States during the eligibility period.

County payment

The term “county payment” means the payment for an eligible county calculated under section 7111(b) of this title.

Eligible county

The term “eligible county” means any county that—

contains Federal land (as defined in paragraph (7)); and

elects to receive a share of the State payment or the county payment under section 7112(b) of this title.

Eligibility period

The term “eligibility period” means fiscal year 1986 through fiscal year 1999.

Eligible State

The term “eligible State” means a State or territory of the United States that received a 25-percent payment for 1 or more fiscal years of the eligibility period.

Federal land

The term “Federal land” means—

land within the National Forest System, as defined in section 1609(a) of this title exclusive of the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012); and

such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant land as are or may hereafter come under the jurisdiction of the Department of the Interior, which have heretofore or may hereafter be classified as timberlands, and power-site land valuable for timber, that shall be managed, except as provided in the former section 3 of the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest production.

50-percent adjusted share

The term “50-percent adjusted share” means the number equal to the quotient obtained by dividing—

the number equal to the quotient obtained by dividing—

the 50-percent base share for the eligible county; by

the income adjustment for the eligible county; by

the number equal to the sum of the quotients obtained under subparagraph (A) and paragraph (1)(A) for all eligible counties.

50-percent base share

The term “50-percent base share” means the number equal to the average of—

the quotient obtained by dividing—

the number of acres of Federal land described in paragraph (7)(B) in each eligible county; by

the total number acres ¹ of Federal land in all eligible counties in all eligible States; and

the quotient obtained by dividing—

the amount equal to the average of the 3 highest 50-percent payments made to each eligible county during the eligibility period; by

the amount equal to the sum of the amounts calculated under clause (i) and paragraph (2)(B)(i) for all eligible counties in all eligible States during the eligibility period.

50-percent payment

The term “50-percent payment” means the payment that is the sum of the 50-percent share otherwise paid to a county pursuant to title II of the Act of August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),2 and the payment made to a county pursuant to the Act of May 24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f–1 et seq.) 2.

Full funding amount

The term “full funding amount” means—

$500,000,000 for fiscal year 2008;

for each of fiscal years 2009 through 2011, the amount that is equal to 90 percent of the full funding amount for the preceding fiscal year;

for fiscal year 2012 through fiscal year 2015, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year;

for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015;

for each of fiscal years 2018 through 2020, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year; and

for fiscal year 2021 and each fiscal year thereafter, the amount that is equal to the full funding amount for fiscal year 2017.

Income adjustment

The term “income adjustment” means the square of the quotient obtained by dividing—

the per capita personal income for each eligible county; by

the median per capita personal income of all eligible counties.

Per capita personal income

The term “per capita personal income” means the most recent per capita personal income data, as determined by the Bureau of Economic Analysis.

Safety net payments

The term “safety net payments” means the special payment amounts paid to States and counties required by section 13982 or 13983 ² of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103–66; 16 U.S.C. 500 note; 43 U.S.C. 1181f note).

Secretary concerned

The term “Secretary concerned” means—

the Secretary of Agriculture or the designee of the Secretary of Agriculture with respect to the Federal land described in paragraph (7)(A); and

the Secretary of the Interior or the designee of the Secretary of the Interior with respect to the Federal land described in paragraph (7)(B).

State payment

The term “State payment” means the payment for an eligible State calculated under section 7111(a) of this title.

25-percent payment

The term “25-percent payment” means the payment to States required by the sixth paragraph under the heading of “FOREST SERVICE” in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

Footnotes

1 So in original. Probably should be preceded by “of”.
2 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.

2008
Secure Rural Schools and Community Self-Determination Act of 2000
Pub. L. 106–393 § 3 · 114 Stat. 1607
Enacted · 16 U.S.C. § 7102
Pub. L. 106–393, § 3, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3894
Source evidence
Code source credit
Pub. L. 106–393, § 3, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3894
Enacted provision · exact public law section
SEC. 3. DEFINITIONS. In this Act: (1) Federal lands.— The term “Federal lands” means— (A) lands within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010— 1012); and (B) such portions of the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands as are or may hereafter come under the jurisdiction of the Department of the Interior, which have heretofore or may hereafter be classified as timberlands, and powersite lands valuable for timber, that shall be managed, except as provided in the former section 3 of the Act of August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest production. (2) Eligibility period.— The term “eligibility period” means fiscal year 1986 through fiscal year 1999. (3) Eligibility county.— The term “eligible county” means a county that received 50-percent payments for one or more fiscal years of the eligibility period or a county that received a portion of an eligible State’s 25-percent payments for one or more fiscal years of the eligibility period. The term includes a county established after the date of the enactment of this Act so long as the county includes all or a portion of a county described in the preceding sentence. (4) Eligible state.— The term “eligible State” means a State that received 25-percent payments for one or more fiscal years of the eligibility period. (5) Full payment amount.— The term “full payment amount” means the amount calculated for each eligible State and eligible county under section 101. (6) 25-percent payment.— The term “25-percent payment” means the payment to States required by the sixth paragraph under the heading of “FOREST SERVICE” in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). (7) 50-percent payment.— The term “50-percent payment” means the payment that is the sum of the 50-percent share otherwise paid to a county pursuant to title II of the Act of August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), and the payment made to a county pursuant to the Act of May 24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f–1 et seq.). (8) Safety net payments.— The term “safety net payments” means the special payment amounts paid to States and counties required by section 13982 or 13983 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103–66; 16 U.S.C. 500 note; 43 U.S.C. 1181f note).
2012
Moving Ahead for Progress in the 21st Century Act
Pub. L. 112–141 div. F title I § 100101(a)(1) · 126 Stat. 405
1. Substituted · 16 U.S.C. § 7102(11)(B); 16 U.S.C. § 7102(11)(C)
  Pub. L. 112–141 substituted “each of fiscal years 2009 through 2011” for “fiscal year 2009 and each fiscal year thereafter” in subpar. (B)
2. Added · 16 U.S.C. § 7102(11)(B); 16 U.S.C. § 7102(11)(C)
  Pub. L. 112–141 added subpar. (C)
Source evidence
Code amendment note
Par. (11)(B), (C). Pub. L. 112–141 substituted “each of fiscal years 2009 through 2011” for “fiscal year 2009 and each fiscal year thereafter” in subpar. (B) and added subpar. (C).
Enacted provision · exact public law section
(1) in section 3(11)— (A) in subparagraph (A), by striking “and” after the semicolon at the end; (B) in subparagraph (B)— (i) by striking “fiscal year 2009 and each fiscal year thereafter” and inserting “each of fiscal years 2009 through 2011”; and (ii) by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(C) for fiscal year 2012 and each fiscal year thereafter, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year.” ;
2018
Energy and Water Development and Related Agencies Appropriations Act, 2018
Pub. L. 115–141 § 401(a)(1) · 132 Stat. 348
1. Amended · 16 U.S.C. § 7102(11)(C)(E)
  Pub. L. 115–141, § 401(a)(1), as amended by Pub. L. 115–334, § 8704(a)(1)(B)
2. Substituted · 16 U.S.C. § 7102(11)(C)(E)
  Pub. L. 115–141, § 401(a)(1), as substituted “through fiscal year 2015” for “and each fiscal year thereafter” in subpar. (C)
3. Added · 16 U.S.C. § 7102(11)(C)(E)
  Pub. L. 115–141, § 401(a)(1), as added subpars. (D) and (E)
Source evidence
Code amendment note
Par. (11)(C) to (E). Pub. L. 115–141, § 401(a)(1), as amended by Pub. L. 115–334, § 8704(a)(1)(B), substituted “through fiscal year 2015” for “and each fiscal year thereafter” in subpar. (C) and added subpars. (D) and (E).
Enacted provision · exact public law section
Sec. 401. The Nuclear Regulatory Commission shall comply with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for information.
Effective date note
Amendment by Pub. L. 115–334 effective as if enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, div. O of Pub. L. 115–141, see section 8704(a)(2) of Pub. L. 115–334, set out as a note under section 901 of Title 2, The Congress.
2021
Infrastructure Investment and Jobs Act
Pub. L. 117–58 div. D title XII § 41202(a) · 135 Stat. 429
1. Added · 16 U.S.C. § 7102(11)(D)(F)
  Pub. L. 117–58 added subpars. (D) to (F)
2. Struck · 16 U.S.C. § 7102(11)(D)(F)
  Pub. L. 117–58 struck out former subpars. (D) and (E) which read as follows:
Source evidence
Code amendment note
Par. (11)(D) to (F). Pub. L. 117–58 added subpars. (D) to (F) and struck out former subpars. (D) and (E) which read as follows:
“(D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015; and “(E) for fiscal year 2018 and each fiscal year thereafter, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year.”
Enacted provision · exact public law section
(a) Definition of Full Funding Amount.— Section 3(11) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7102(11)) is amended by striking subparagraphs (D) and (E) and inserting the following: “(D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015; “(E) for each of fiscal years 2018 through 2020, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year; and “(F) for fiscal year 2021 and each fiscal year thereafter, the amount that is equal to the full funding amount for fiscal year 2017.” .

8 of 8 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 106–393, Oct. 30, 2000, 114 Stat. 1607, known as the Secure Rural Schools and Community Self-Determination Act of 2000, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables.

The Act of July 22, 1937, referred to in par. (7)(A), is act July 22, 1937, ch. 517, 50 Stat. 522, known as the Bankhead-Jones Farm Tenant Act, which is classified generally to chapter 33 (§ 1000 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 1000 of Title 7 and Tables.

Act of August 28, 1937, referred to in par. (10), is act Aug. 28, 1937, ch. 876, 50 Stat. 874. Section 3 of the Act was classified to section 1181c of Title 43, Public Lands, prior to repeal by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90 Stat. 2787. Title II of the Act enacted section 2605 of Title 43 (formerly classified to section 1181f of Title 43), repealed section 1174 of Title 43, and enacted provisions set out as a note under section 2601 of Title 43. For complete classification of this Act to the Code, see Tables.

Act of May 24, 1939, referred to in par. (10), is act May 24, 1939, ch. 144, 53 Stat. 753, was formerly classified to sections 1181f–1 to 1181f–4 of Title 43, Public Lands, and provisions set out as a note under section 1181f–1 of Title 43 prior to editorial reclassification, and is now classified generally to subchapter II (§ 2621 et seq.) of chapter 44 of Title 43. For complete classification of this Act to the Code, see Tables.

Sections 13982 and 13983 of the Omnibus Budget Reconciliation Act of 1993, referred to in par. (14), are sections 13982 and 13983 of Pub. L. 103–66, which were set out as notes under section 500 of this title and section 1181f of Title 43, Public Lands, respectively, prior to repeal by Pub. L. 106–393, title IV, § 404, Oct. 30, 2000, 114 Stat. 1623.

Prior Provisions

A prior section 3 of Pub. L. 106–393 was set out in a note under section 500 of this title prior to repeal by Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3893.

Amendments2012–2021 · 3 rounds

2021

Par. (11)(D) to (F). Pub. L. 117–58 added subpars. (D) to (F) and struck out former subpars. (D) and (E) which read as follows:

“(D) for fiscal year 2017, the amount that is equal to 95 percent of the full funding amount for fiscal year 2015; and

“(E) for fiscal year 2018 and each fiscal year thereafter, the amount that is equal to 95 percent of the full funding amount for the preceding fiscal year.”

2018

Par. (11)(C) to (E). Pub. L. 115–141, § 401(a)(1), as amended by Pub. L. 115–334, § 8704(a)(1)(B), substituted “through fiscal year 2015” for “and each fiscal year thereafter” in subpar. (C) and added subpars. (D) and (E).

2012

Par. (11)(B), (C). Pub. L. 112–141 substituted “each of fiscal years 2009 through 2011” for “fiscal year 2009 and each fiscal year thereafter” in subpar. (B) and added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–334 effective as if enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, div. O of Pub. L. 115–141, see section 8704(a)(2) of Pub. L. 115–334, set out as a note under section 901 of Title 2, The Congress.

Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of Title 42, The Public Health and Welfare.

Credits

2008–2021 · 5 acts

2008Pub. L. 106–393, § 3, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3894
2012amended Pub. L. 112–141, div. F, title I, § 100101(a)(1), July 6, 2012, 126 Stat. 905
2018Pub. L. 115–141, div. O, title IV, § 401(a)(1), Mar. 23, 2018, 132 Stat. 1076
2018Pub. L. 115–334, title VIII, § 8704(a)(1)(B), Dec. 20, 2018, 132 Stat. 4877
2021Pub. L. 117–58, div. D, title XII, § 41202(a), Nov. 15, 2021, 135 Stat. 1132.

Show as published

(Pub. L. 106–393, § 3, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3894; amended Pub. L. 112–141, div. F, title I, § 100101(a)(1), July 6, 2012, 126 Stat. 905; Pub. L. 115–141, div. O, title IV, § 401(a)(1), Mar. 23, 2018, 132 Stat. 1076; Pub. L. 115–334, title VIII, § 8704(a)(1)(B), Dec. 20, 2018, 132 Stat. 4877; Pub. L. 117–58, div. D, title XII, § 41202(a), Nov. 15, 2021, 135 Stat. 1132.)