PRIA, Government Policy, Made Personal

Summary

Defines the words used to figure and split federal payments to States and counties that have certain federal forest or timber lands. It explains how shares, payments, income adjustments, and who counts as eligible are measured. Adjusted share — a county’s payment share found by comparing the county’s base share (see below) divided by its income adjustment to the same calculation for all eligible counties. Base share — an average measure that mixes a county’s share of eligible federal acres and a county’s recent average of certain payments. County payment — the amount paid to a county under the chapter’s payment rules. Eligible county — a county that has the defined federal land and chooses to get a share. Eligibility period — fiscal year 1986 through fiscal year 1999. Eligible State — a State or territory that got a 25-percent payment in at least one year of the eligibility period. Federal land — National Forest System lands (excluding National Grasslands) and certain revested Oregon and California Railroad and Coos Bay Wagon Road lands managed for timber. 50-percent adjusted share and 50-percent base share — like the adjusted and base shares but using the 50-percent payment rules and acres for the O&C/Coos Bay type lands. 50-percent payment — the combined payments under two older timber laws. Full funding amount — $500,000,000 for FY2008; for FY2009–2011 it is 90% of the prior year’s full funding amount; for FY2012–2015 it is 95% of the prior year’s amount; for FY2017 it is 95% of the FY2015 amount; for FY2018–2020 it is 95% of the preceding year; and for FY2021 and later it equals the FY2017 full funding amount. Income adjustment — the square of (county per-capita income divided by the median per-capita income of all eligible counties). Per capita personal income — the most recent data from the Bureau of Economic Analysis. Safety net payments — special payments required by the Omnibus Budget Reconciliation Act of 1993 (sections 13982 or 13983). Secretary concerned — the Secretary of Agriculture (for National Forest System lands) or the Secretary of the Interior (for the O&C/Coos Bay lands). State payment — the amount paid to a State under the chapter. 25-percent payment — the payments to States required by the Acts of May 23, 1908 and March 1, 1911.

Title 16, §7102

Conservation, Source: USLM XML via OLRC

In this chapter:

(1)Adjusted share

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

(A)the number equal to the quotient obtained by dividing—

(i)the base share for the eligible county; by

(ii)the income adjustment for the eligible county; by

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

(2)Base share

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

(B)the quotient obtained by dividing—

(i)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

(ii)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.

(3)County payment

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

(4)Eligible county

The term “eligible county” means any county that—

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

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

(5)Eligibility period

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

(6)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.

(7)Federal land (8) 50-percent adjusted share

The term “Federal land” means—

(A)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

(B)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.

(9)50-percent base share

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

(B)the quotient obtained by dividing—

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

(ii)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.

(10)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.) .

(11)Full funding amount

The term “full funding amount” means—

(A)$500,000,000 for fiscal year 2008;

(B)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;

(C)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;

(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.

(12)Income adjustment

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

(A)the per capita personal income for each eligible county; by

(B)the median per capita personal income of all eligible counties.

(13)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.

(14)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).

(15)Secretary concerned

The term “Secretary concerned” means—

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

(B)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).

(16)State payment

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

(17)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).

Notes & Related Subsidiaries

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. section 13982 and 13983 of the Omnibus Budget Reconciliation Act of 1993, referred to in par. (14), are section 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.

Amendments

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 AmendmentAmendment 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 RequirementsFor 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.

§7102 Definitions