16 U.S.C. § 7112 | Payments to States and counties

(a)

Payment amounts

section 7113 of this titleExcept as provided in , 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

August 1, 2013The election to receive a share of the State payment, the county payment, a share of the State payment and the county payment, a share of the 25-percent payment, the 50-percent payment, or a share of the 25-percent payment and the 50-percent payment, as applicable, shall be made at the discretion of each affected county by (or as soon thereafter as the Secretary concerned determines is practicable), and August 1 of each second fiscal year thereafter, in accordance with paragraph (2), and transmitted to the Secretary concerned by the Governor of each eligible State.

(B)

Failure to transmit

If an election for an affected county is not transmitted to the Secretary concerned by the date specified under subparagraph (A), the affected county shall be considered to have elected to receive a share of the State payment, the county payment, or a share of the State payment and the county payment, as applicable.

(C)

Effect of late payment for fiscal years 2014 and 2015

The election otherwise required by subparagraph (A) shall not apply for fiscal year 2014 or 2015.

(D)

Payments for each of fiscal years 2017 through 2020

1 See County Elections for Fiscal Year 2021 Under the Secure Rural Schools and Community Self-Determination Act of 2000 note below.

The election otherwise required by subparagraph (A) shall not apply for each of fiscal years 2017 through 2020.

(E)

Payments for each of fiscal years 2024 and 2025

The election otherwise required by subparagraph (A) shall not apply for each of fiscal years 2024 and 2025.

(2)

Duration of election

(A)

In general

A county election to receive a share of the 25-percent payment or 50-percent payment, as applicable, shall be effective for 2 fiscal years. If such two-fiscal year period included fiscal year 2013, the county election to receive a share of the 25-percent payment or 50-percent payment, as applicable, also shall be effective for fiscal years 2014 and 2015 and for each of fiscal years 2017 through 2020.

(B)

Full funding amount

If a county elects to receive a share of the State payment or the county payment in 2013, the election shall be effective for all subsequent fiscal years through fiscal year 2015 and for each of fiscal years 2017 through 2020.

(C)

Fiscal years 2024 and 2025

The election described in paragraph (1)(A) applicable to a county in fiscal year 2023 shall be effective for each of fiscal years 2024 and 2025.

(3)

Source of payment amounts

The 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 method

section 7102(7)(A) of this titleA State that receives a payment under subsection (a) for Federal land described in shall distribute the appropriate payment amount among the appropriate counties in the State in accordance with—

(A)

May 23, 190816 U.S.C. 500 the Act of (); and

(B)

section 13 of the Act of March 1, 1911 36 Stat. 963 16 U.S.C. 500 (; ).

(2)

Expenditure purposes

Subject to subsection (d), payments received by a State under subsection (a) and distributed to counties in accordance with paragraph (1) shall be expended as required by the laws referred to in paragraph (1).

(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

Except as provided in subparagraph (D), if an eligible county elects to receive its share of the State payment or the county payment, not less than 80 percent, but not more than 85 percent, of the funds shall be expended in the same manner in which the 25-percent payments or 50-percent payment, as applicable, are required to be expended.

(B)

Election as to use of balance

Except 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 distributions

In 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

In the case of each eligible county to which less than $100,000 is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection (a), the eligible county may elect to expend all the funds in the same manner in which the 25-percent payments or 50-percent payments, as applicable, are required to be expended.

(E)

Effect of late payment for fiscal year 2014

The election made by an eligible county under subparagraph (B), (C), or (D) for fiscal year 2013, or deemed to be made by the county under paragraph (3)(B) for that fiscal year, shall be effective for fiscal years 2014 and 2015.

(F)

Payments for each of fiscal years 2017 through 2020

¹The election made by an eligible county under subparagraph (B), (C), or (D) for fiscal year 2013, or deemed to be made by the county under paragraph (3)(B) for that fiscal year, shall be effective for each of fiscal years 2017 through 2020.

(G)

Payments for each of fiscal years 2024 and 2025

The election made by an eligible county under subparagraph (B), (C), or (D) for fiscal year 2023, or deemed to be made by the county under paragraph (3)(B) for that fiscal year, shall be effective for each of fiscal years 2024 and 2025.

(2)

Distribution of funds

(A)

In general

Funds reserved by an eligible county under subparagraph (B)(i) or (C)(i) of paragraph (1) for carrying out projects under subchapter II shall be deposited in a special account in the Treasury of the United States.

(B)

Availability

Amounts 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

September 30, 2012The Governor of each eligible State shall notify the Secretary concerned of an election by an eligible county under this subsection not later than , and each September 30 thereafter for each succeeding fiscal year.

(B)

Failure to elect

If 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)

section 7122(b) of this title section 7123(c) of this title section 7124(a)(5) of this title the remainder shall be available to the Secretary concerned to carry out projects in the eligible county to further the purposes described in , , or .

(C)

Effect of late payment for fiscal year 2014

This paragraph does not apply for fiscal years 2014 and 2015.

(D)

Payments for each of fiscal years 2017 through 2020

¹This paragraph does not apply for each of fiscal years 2017 through 2020.

(E)

Payments for each of fiscal years 2024 and 2025

This paragraph does not apply for each of fiscal years 2024 and 2025.

(e)

Time for payment

The payments required under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year.

(f)

Treatment as supplemental funding

(1)

In general

None of the funds made available to an eligible county under this chapter may be used in lieu of, or to otherwise offset, a State funding source for a local school, facility, or educational purpose.

(2)

Continuation of direct payments

May 23, 1908March 1, 191116 U.S.C. 500Payments to States made under this chapter and 25-percent payments made to States and Territories under the Acts of , and (), shall continue to be made as direct payments and not as Federal financial assistance.

Pub. L. 106–393, title I, § 102 Pub. L. 110–343, div. C, title VI, § 601(a)Oct. 3, 2008122 Stat. 3896 Pub. L. 112–141, div. F, title I, § 100101(a)(2)July 6, 2012126 Stat. 905 Pub. L. 113–40, § 10(a)(1)(B)Oct. 2, 2013127 Stat. 545 Pub. L. 114–10, title V, § 524(b)Apr. 16, 2015129 Stat. 179 Pub. L. 115–141, div. O, title IV, § 401(a)(3)(A)Mar. 23, 2018132 Stat. 1077 Pub. L. 116–94, div. I, title III, § 301(a)(2)(A)Dec. 20, 2019133 Stat. 3020 Pub. L. 119–58, § 2(b)Dec. 18, 2025139 Stat. 714(, as added , , ; amended , (3), , ; , , ; , , ; –(D), , , 1078; , (B), , ; , , .)

Editorial Notes

References in Text

16 U.S.C. 7101 Pub. L. 106–393Oct. 30, 2000114 Stat. 1607 section 7101 of this titleThis chapter, referred to in subsecs. (b)(3)(A) and (f), was in the original “this Act” in subsecs. (b)(3)(A) and (f)(1) and “the Secure Rural Schools and Community Self-Determination Act of 2000 ( et seq.)” in subsec. (f)(2), meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

May 23, 1908act May 23, 1908, ch. 192 35 Stat. 260 section 500 of this titleAct of , referred to in subsec. (f)(2), is , , which is classified to .

March 1, 1911act Mar. 1, 1911, ch. 186 36 Stat. 961 section 552 of this titleAct of , referred to in subsec. (f)(2), is , , popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

section 102 of Pub. L. 106–393 section 500 of this title Pub. L. 110–343, div. C, title VI, § 601(a)Oct. 3, 2008122 Stat. 3893A prior was set out in a note under prior to repeal by , , .

Amendments

Pub. L. 119–58, § 2(b)(1)(A)2025—Subsec. (b)(1)(E). , added subpar. (E).

Pub. L. 119–58, § 2(b)(1)(B)Subsec. (b)(2)(C). , added subpar. (C).

Pub. L. 119–58, § 2(b)(2)(A)Subsec. (d)(1)(G). , added subpar. (G).

Pub. L. 119–58, § 2(b)(2)(B)Subsec. (d)(3)(E). , added subpar. (E).

Pub. L. 116–94, § 301(a)(2)(A)(i)2019—Subsec. (b)(1)(D). , substituted “for each of fiscal years 2017 through 2020” for “for fiscal years 2017 and 2018” in heading and text.

Pub. L. 116–94, § 301(a)(2)(A)(ii)Subsec. (b)(2). , substituted “for each of fiscal years 2017 through 2020” for “for fiscal years 2017 and 2018” in subpars. (A) and (B).

Pub. L. 116–94, § 301(a)(2)(B)(i)Subsec. (d)(1)(F). , substituted “for each of fiscal years 2017 through 2020” for “for fiscal years 2017 and 2018” in heading and text.

Pub. L. 116–94, § 301(a)(2)(B)(ii)Subsec. (d)(3)(D). , substituted “for each of fiscal years 2017 through 2020” for “for fiscal years 2017 and 2018” in heading and text.

Pub. L. 115–141, § 401(a)(3)(A)(i)2018—Subsec. (b)(1)(D). , added subpar. (D).

Pub. L. 115–141, § 401(a)(3)(A)(ii)Subsec. (b)(2). , inserted “and for fiscal years 2017 and 2018” after “2015” in subpars. (A) and (B).

Pub. L. 115–141, § 401(a)(3)(C)(i)Subsec. (d)(1)(B)(ii). , substituted “any portion of the balance” for “not more than 7 percent of the total share for the eligible county of the State payment or the county payment”.

Pub. L. 115–141, § 401(a)(3)(C)(ii)Subsec. (d)(1)(C). , added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: “In the case of each eligible county to which more than $100,000, but less than $350,000, is distributed for any fiscal year pursuant to either or both of paragraphs (1)(B) and (2)(B) of subsection (a), the eligible county, with respect to the balance of any funds not expended pursuant to subparagraph (A) for that fiscal year, shall—

“(i) reserve any portion of the balance for—

“(I) carrying out projects under subchapter II;

“(II) carrying out projects under subchapter III; or

“(III) a combination of the purposes described in subclauses (I) and (II); or

“(ii) return the portion of the balance not reserved under clause (i) to the Treasury of the United States.”

Pub. L. 115–141, § 401(a)(3)(B)(i)Subsec. (d)(1)(F). , added subpar. (F).

Pub. L. 115–141, § 401(a)(3)(B)(ii)(I)section 7122(b) of this title section 7123(c) of this title section 7124(a)(5) of this title section 7122(b) of this titleSubsec. (d)(3)(B)(ii). , substituted “purposes described in , , or ” for “purpose described in ”.

Pub. L. 115–141, § 401(a)(3)(B)(ii)(II)Subsec. (d)(3)(D). , added subpar. (D).

Pub. L. 115–141, § 401(a)(3)(D)Subsec. (f). , added subsec. (f).

Pub. L. 114–10, § 524(b)(1)2015—Subsec. (b)(1)(C). , added subpar. (C).

Pub. L. 114–10, § 524(b)(2)(A)Subsec. (b)(2)(A). , inserted at end “If such two-fiscal year period included fiscal year 2013, the county election to receive a share of the 25-percent payment or 50-percent payment, as applicable, also shall be effective for fiscal years 2014 and 2015.”

Pub. L. 114–10, § 524(b)(2)(B)Subsec. (b)(2)(B). , substituted “fiscal year 2015” for “fiscal year 2013”.

Pub. L. 114–10, § 524(b)(3)(A)Subsec. (d)(1)(E). , added subpar. (E).

Pub. L. 114–10, § 524(b)(3)(B)Subsec. (d)(3)(C). , added subpar. (C).

Pub. L. 113–40, § 10(a)(1)(B)(i)2013—Subsec. (b)(1)(A). , substituted “2013” for “2012”.

Pub. L. 113–40, § 10(a)(1)(B)(ii)Subsec. (b)(2)(B). , substituted “2013” for “2012” in two places.

Pub. L. 112–141, § 100101(a)(3)(A)2012—Subsec. (b)(1)(A). , substituted “2012” for “2008”.

Pub. L. 112–141, § 100101(a)(3)(B)Subsec. (b)(2)(B). , inserted “in 2012” before “, the election”.

Pub. L. 112–141, § 100101(a)(2), substituted “fiscal year 2012” for “fiscal year 2011”.

Pub. L. 112–141, § 100101(a)(3)(C)(i)Subsec. (d)(1)(A). , substituted “subparagraph (D)” for “paragraph (3)(B)”.

Pub. L. 112–141, § 100101(a)(3)(C)(ii)(II)Subsec. (d)(1)(D). , redesignated subsec. (d)(3)(B) as subpar. (D).

Pub. L. 112–141, § 100101(a)(3)(C)(ii)(I)Subsec. (d)(3)(A). , added subpar. (A) and struck out former subpar. (A) which related to notification of the Secretary of an election and failure to make an election.

Pub. L. 112–141, § 100101(a)(3)(C)(ii)(III)Subsec. (d)(3)(B). , added subpar. (B). Former subpar. (B) redesignated subsec. (d)(1)(D).

Statutory Notes and Related Subsidiaries

County Elections for Fiscal Year 2021 Under the Secure Rural Schools and Community Self-Determination Act of 2000

Pub. L. 117–102, § 1Mar. 15, 2022136 Stat. 48

16 U.S.C. 7112(b)(1)(D)“Sections 102(b)(1)(D), 102(d)(1)(F), and 102(d)(3)(D) of the Secure Rural Schools and Community Self-Determination Act of 2000 (, 7112(d)(1)(F), 7112(d)(3)(D)) shall be applied for fiscal year 2021.”

, , , provided that: