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Title 16 — Conservation

Chapter 90 — Secure Rural Schools and Community Self-Determination

§ 7113. Transition payments to States

Statutory text

(a)

Definitions

In this section:

(1)

Adjusted amount

The 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 (as in effect on ) 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 ) 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 ) 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 ) 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 ) 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 ) 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

The term “covered State” means each of the States of California, Louisiana, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, and Washington.

(b)

Transition payments

For 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 amount

Except 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 California

The 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 ) 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 payments

For 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.

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. Secure Rural Schools and Community Self-Determination Act of 2000

    Pub. L. 106–393 title I § 103 · 114 Stat. 1607

    Enacted · 16 U.S.C. § 7113

    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

    Source evidence

    Code source credit
    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

    Enacted provision · exact public law section
    SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU OF LAND MANAGEMENT LANDS FOR USE TO BENEFIT PUBLIC SAFETY, LAW ENFORCEMENT, EDUCATION, AND OTHER PUBLIC PURPOSES. (a) Payment.— The Secretary of the Treasury shall pay an eligible county either— (1) the 50-percent payment under the Act of August 28, 1937 (43 U.S.C. 1181f), or the Act of May 24, 1939 (43 U.S.C. 1181f-1) as appropriate; or (2) the rail payment amount in place of the 50-percent payment. (b) Election To Receive Full Payment Amount.— (1) Election; duration.— The election to receive the full payment amount shall be made at the discretion of the county. Once the election is made, it shall be effective for the fiscal year in which the election is made and all subsequent fiscal years through fiscal year 2006. (2) Source of payment amounts.— The payment to an eligible county under this section for a fiscal year shall be derived from any revenues, fees, penalties, or miscellaneous receipts, exclusive of deposits to any relevant trust fund, or permanent operating funds, received by the Federal Government from activities by the Bureau of Land Management on the Federal lands described in section 3(1)(B) and to the extent of any shortfall, out of any funds in the Treasury not otherwise appropriated. (c) Expenditure Rules for Eligible Counties.— (1) Allocations.— (A) Use of portion in same manner as 50-percent payments.— Of the funds to be paid to an eligible county pursuant to subsection (a)(2), not less than 80 percent, but not more than 85 percent, of the funds distributed to the eligible county shall be expended in the same manner in which the 50-percent payments are required to be expended. (B) Election as to use of balance.— An eligible county shall elect to do one or more of the following with the balance of the funds not expended pursuant to subparagraph (A): (i) Reserve the balance for projects in accordance with title II. (ii) Reserve the balance for projects in accordance with title III. (iii) Return the balance to the General Treasury in accordance with section 402(b). (2) Distribution of funds.— (A) Treatment of title II funds.— Funds reserved by an eligible county under paragraph (1)(B)(i) shall be deposited in a special account in the Treasury of the United States and shall be available for expenditure by the Secretary of the Interior, without further appropriation, and shall remain available until expended in accordance with title II. (B) Treatment of title in funds.— Funds reserved by an eligible county under paragraph (1)(B)(ii) shall be available for expenditure by the county and shall remain available, until expended, in accordance with title III. (3) Election.— An eligible county shall notify the Secretaryof the Interior of its election under this subsection not later than September 30 of each fiscal year. If the eligible county fails to make an election by that date, the county is deemed to have elected to expend 85 percent of the funds received under subsection (a)(2) in the same manner in which the 50-percent payments are required to be expended and shall remit the balance to the Treasury of the United States in accordance with section 402(b). (d) Time for Payment.— The payment to an eligible county under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year.

  2. Moving Ahead for Progress in the 21st Century Act

    Pub. L. 112–141 div. F title I § 100101(a)(4) · 126 Stat. 405

    Substituted · 16 U.S.C. § 7113(d)(2)

    Pub. L. 112–141 substituted “each of fiscal years 2011 and 2012” for “fiscal year 2011”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 112–141 substituted “each of fiscal years 2011 and 2012” for “fiscal year 2011”.

    Enacted provision · exact public law section
    (4) in section 103(d)(2), by striking “fiscal year 2011” and inserting “each of fiscal years 2011 and 2012”;

  3. Helium Stewardship Act of 2013

    Pub. L. 113–40 § 10(a)(1)(C) · 127 Stat. 534

    Substituted · 16 U.S.C. § 7113(d)(2)

    Pub. L. 113–40 substituted “through 2013” for “and 2012”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 113–40 substituted “through 2013” for “and 2012”.

    Enacted provision · exact public law section
    (C) Distribution of payments to eligible counties.— Section 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking “and 2012” and inserting “through 2013”.

  4. Medicare Access and CHIP Reauthorization Act of 2015

    Pub. L. 114–10 title V § 524(a)(4) · 129 Stat. 87

    Substituted · 16 U.S.C. § 7113(d)(2)

    Pub. L. 114–10 substituted “2015” for “2013”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 114–10 substituted “2015” for “2013”.

    Enacted provision · exact public law section
    (4) Shares of california state payment.— Section 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking “2013” and inserting “2015”.

  5. Energy and Water Development and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 div. O title IV § 401(a)(3)(E) · 132 Stat. 348

    Substituted · 16 U.S.C. § 7113(d)(2)

    Pub. L. 115–141 substituted “and for fiscal years 2017 and 2018” for “2015”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 115–141 substituted “and for fiscal years 2017 and 2018” for “2015”.

    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.

  6. Department of Education Appropriations Act, 2020

    Pub. L. 116–94 div. I title III § 301(a)(2)(C) · 133 Stat. 2534

    Substituted · 16 U.S.C. § 7113(d)(2)

    Pub. L. 116–94 substituted “through 2015 and for each of fiscal years 2017 through 2020” for “through and for fiscal years 2017 and 2018”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 116–94 substituted “through 2015 and for each of fiscal years 2017 through 2020” for “through and for fiscal years 2017 and 2018”.

    Enacted provision · exact public law section
    Sec. 301. No funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools.

  7. Infrastructure Investment and Jobs Act

    Pub. L. 117–58 div. D title XII § 41202(b)(2) · 135 Stat. 429

    Substituted · 16 U.S.C. § 7113(d)(2)

    Pub. L. 117–58 substituted “2023” for “2020”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 117–58 substituted “2023” for “2020”.

    Enacted provision · exact public law section
    (2) Distribution of payments to eligible counties.— Section 103(d)(2) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking “2020” and inserting “2023”.

  8. Pub. L. 119–58 § 2(a)(2) · 139 Stat. 714

    Substituted · 16 U.S.C. § 7113(d)(2)

    Pub. L. 119–58 substituted “2026” for “2023”

    Unresolved: Pub. L. 119–58 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 119–58 substituted “2026” for “2023”.

7 of 8 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

References in Text

Sections 102(a)(2) and 103(a)(2) (as in effect on ), referred to in subsecs. (a)(1) and (d), mean former sections 102(a)(2) and 103(a)(2), respectively, of Pub. L. 106–393, which were 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), , 122 Stat. 3893. See Prior Provisions notes set out below and under section 7112 of this title.

This chapter, referred to in subsec. (e), was in the original “this Act”, meaning Pub. L. 106–393, , 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.

Prior Provisions
Amendments2012–2025 · 7 rounds

2025

Subsec. (d)(2). Pub. L. 119–58 substituted “2026” for “2023”.

2021

Subsec. (d)(2). Pub. L. 117–58 substituted “2023” for “2020”.

2019

Subsec. (d)(2). Pub. L. 116–94 substituted “through 2015 and for each of fiscal years 2017 through 2020” for “through and for fiscal years 2017 and 2018”.

2018

Subsec. (d)(2). Pub. L. 115–141 substituted “and for fiscal years 2017 and 2018” for “2015”.

2015

Subsec. (d)(2). Pub. L. 114–10 substituted “2015” for “2013”.

2013

Subsec. (d)(2). Pub. L. 113–40 substituted “through 2013” for “and 2012”.

2012

Subsec. (d)(2). Pub. L. 112–141 substituted “each of fiscal years 2011 and 2012” for “fiscal year 2011”.

Statutory Notes and Related Subsidiaries

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

2008–2025 · 8 acts
  1. 2008Pub. L. 106–393, title I, § 103, as added Pub. L. 110–343, div. C, title VI, § 601(a), , 122 Stat. 3899
  2. 2012amended Pub. L. 112–141, div. F, title I, § 100101(a)(4), , 126 Stat. 906
  3. 2013Pub. L. 113–40, § 10(a)(1)(C), , 127 Stat. 545
  4. 2015Pub. L. 114–10, title V, § 524(a)(4), , 129 Stat. 179
  5. 2018Pub. L. 115–141, div. O, title IV, § 401(a)(3)(E), , 132 Stat. 1078
  6. 2019Pub. L. 116–94, div. I, title III, § 301(a)(2)(C), , 133 Stat. 3020
  7. 2021Pub. L. 117–58, div. D, title XII, § 41202(b)(2), , 135 Stat. 1132
  8. 2025Pub. L. 119–58, § 2(a)(2), , 139 Stat. 714.
Show as published

(Pub. L. 106–393, title I, § 103, as added Pub. L. 110–343, div. C, title VI, § 601(a), , 122 Stat. 3899; amended Pub. L. 112–141, div. F, title I, § 100101(a)(4), , 126 Stat. 906; Pub. L. 113–40, § 10(a)(1)(C), , 127 Stat. 545; Pub. L. 114–10, title V, § 524(a)(4), , 129 Stat. 179; Pub. L. 115–141, div. O, title IV, § 401(a)(3)(E), , 132 Stat. 1078; Pub. L. 116–94, div. I, title III, § 301(a)(2)(C), , 133 Stat. 3020; Pub. L. 117–58, div. D, title XII, § 41202(b)(2), , 135 Stat. 1132; Pub. L. 119–58, § 2(a)(2), , 139 Stat. 714.)

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USLM identifier /us/usc/t16/s7113