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16 U.S.C. § 7112

Payments to States and counties

United States · Title 16 — CONSERVATION · Status: effective

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16 U.S.C. § 7112, Payments to States and counties, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/448252
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Except as provided in section 7113 of this title, the Secretary of the Treasury shall pay to— 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 county an amount equal to the amount elected under subsection (b) by each county for— The 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 August 1, 2013 (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. 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. The election otherwise required by subparagraph (A) shall not apply for fiscal year 2014 or 2015. The election otherwise required by subparagraph (A) shall not apply for each of fiscal years 2017 through 2020.11 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 2024 and 2025. 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. 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. 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. The payment to an eligible State or eligible county under this section for a fiscal year shall be derived from— A State that receives a payment under subsection (a) for Federal land described in section 7102(7)(A) of this title shall distribute the appropriate payment amount among the appropriate counties in the State in accordance with— 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). 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. 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): 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): 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. 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. 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 each of fiscal years 2017 through 2020.1 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. 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. Amounts deposited under subparagraph (A) shall— The Governor of each eligible State shall notify the Secretary concerned of an election by an eligible county under this subsection not later than September 30, 2012, and each September 30 thereafter for each succeeding fiscal year. 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)— This paragraph does not apply for fiscal years 2014 and 2015. This paragraph does not apply for each of fiscal years 2017 through 2020.1 This paragraph does not apply for each of fiscal years 2024 and 2025. The payments required under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year. 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. Payments to States made under this chapter and 25-percent payments made to States and Territories under the Acts of May 23, 1908, and March 1, 1911 (16 U.S.C. 500), shall continue to be made as direct payments and not as Federal financial assistance.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 106-393(H.R. 2389)2000-10-30
    Secure Rural Schools and Community Self-Determination Act of 2000
    House: 274–153Senate: no recorded tally
  • Amended byPub. L. 110-343(H.R. 1424)2008-10-03
    A bill to provide authority for the Federal Government to purchase and insure certain types of troubled assets for the purposes of providing stability to and preventing disruption in the economy and financial system and protecting taxpayers, to amend the Internal Revenue Code of 1986 to provide incentives for energy production and conservation, to extend certain expiring provisions, to provide individual income tax relief, and for other purposes.
  • Amended byPub. L. 112-141(H.R. 4348)2012-07-06
    MAP-21
  • Amended byPub. L. 113-40(H.R. 527)2013-10-02
    Helium Stewardship Act of 2013
  • Amended byPub. L. 114-10(H.R. 2)2015-04-16
    Medicare Access and CHIP Reauthorization Act of 2015
  • Amended byPub. L. 115-141(H.R. 1625)2018-03-23
    Consolidated Appropriations Act, 2018
    House: 256–167Senate: no recorded tally
  • Amended byPub. L. 116-94(H.R. 1865)2019-12-20
    Further Consolidated Appropriations Act, 2020
    House: 297–120Senate: no recorded tally
  • Amended byPub. L. 119-58(S. 356)2025-12-18
    Secure Rural Schools Reauthorization Act of 2025
    House: 399–5Senate: no recorded tally