§2108 — Title 16 Conservation | U.S. Code

Summary

The Secretary can combine a State’s yearly federal payments under this chapter into one consolidated payment if the State asks. That combined payment cannot include money from section 2103 or from any special Treasury fund created under this chapter. The payment plan must be based on the State forest resources program that the State forester or a similar State official creates and the Secretary reviews. The Secretary may pay after the State forester certifies the conditions for payment are met. A State’s consolidated payment for a year cannot be more than the non‑Federal money the State actually spent that year on its program. The Secretary may allow higher federal payments for some activities only if total federal spending that year does not exceed total non‑Federal spending. Use of consolidated payments must not harm or end any program. Subject to appropriations, after July 1, 1978, a participating State must receive at least the base amount it got under the laws listed in section 2111 for the fiscal year when this chapter was enacted. Money for special projects lasting two years or less is not counted in that base.

Title 16, §2108

Conservation — Source: USLM XML via OLRC

(a)To provide flexibility in funding activities authorized under this chapter, the Secretary may, upon the request of any State, consolidate the annual financial assistance payments to that State under this chapter, in lieu of functional cost sharing mechanisms, formulas, or agreements. However, consolidated payments shall not include money appropriated under section 2103 11 See References in Text note below. of this title or money from any special Treasury fund established under this chapter.

(b)Consolidation of payments made under this section shall be based upon State forest resources programs developed by State foresters or equivalent State officials, and reviewed by the Secretary.

(c)Consolidated payments to any State during any fiscal year shall not exceed the total amount of non-Federal funds expended within the State during that year to implement its State forest resources program. However, the Secretary may make payments that exceed the non-Federal amount expended for selected activities under the program, if the total Federal expenditure during any fiscal year does not exceed the total non-Federal expenditure during that year under the State forest resources program.

(d)The Secretary may make consolidated payments on the certificate of the State forester or equivalent State official that the conditions for Federal payment have been met.

(e)The Secretary shall administer this section to ensure that the use of consolidated payments does not adversely affect or eliminate any program authorized under this chapter.

(f)Subject to applicable appropriation Acts, the total annual amount of financial assistance to any participating State after July 1, 1978, shall not be less than the base amount of financial assistance provided to that State under all the provisions of law specified in section 2111 of this title during the fiscal year in which this chapter is enacted. However, financial assistance for special projects of two years or less duration shall not be included in determining the base amount for any participating State.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 2103 of this title, referred to in subsec. (a), was repealed and a new section 2103 enacted by Pub. L. 107–171, title VIII, §§ 8001(a), 8002(b), May 13, 2002, 116 Stat. 468. section 2103, as enacted by Pub. L. 107–171, was subsequently repealed by Pub. L. 113–79, title VIII, § 8001(a), Feb. 7, 2014, 128 Stat. 913.

Prior Provisions

A prior section 12 of Pub. L. 95–313, which amended section 1606 of this title and enacted provisions set out as a note under that section, was renumbered section 15.

Amendments

1990—Subsec. (f). Pub. L. 101–624, § 1224(2), made technical amendment to reference to section 2111 of this title to reflect renumbering of corresponding section of original act.

§2108 Consolidation of payments