§500. Payment and evaluation of receipts to State or Territory for schools and roads; moneys received; projections of revenues and estimated payments

On and after May 23, 1908, twenty-five per centum of all moneys received during any fiscal year from each national forest shall be paid, at the end of such year, by the Secretary of the Treasury to the State or Territory in which such national forest is situated, to be expended as the State or Territorial legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which such national forest is situated: Provided, That when any national forest is in more than one State or Territory or county the distributive share to each from the proceeds of such forest shall be proportional to its area therein. In sales of logs, ties, poles, posts, cordwood, pulpwood, and other forest products the amounts made available for schools and roads by this section shall be based upon the stumpage value of the timber. Beginning October 1, 1976, the term "moneys received" shall include all collections under the Act of June 9, 1930, and all amounts earned or allowed any purchaser of national forest timber and other forest products within such State as purchaser credits, for the construction of roads on the National Forest Transportation System within such national forests or parts thereof in connection with any Forest Service timber sales contract. The Secretary of Agriculture shall, from time to time as he goes through his process of developing the budget revenue estimates, make available to the States his current projections of revenues and payments estimated to be made under the Act of May 23, 1908, as amended, or any other special Acts making payments in lieu of taxes, for their use for local budget planning purposes.

(May 23, 1908, ch. 192, 35 Stat. 260 ; Mar. 1, 1911, ch. 186, §13, 36 Stat. 963 ; June 30, 1914, ch. 131, 38 Stat. 441 ; Sept. 21, 1944, ch. 412, title II, §212, 58 Stat. 737 ; Apr. 24, 1950, ch. 97, §17(b), 64 Stat. 87 ; Pub. L. 94–588, §16, Oct. 22, 1976, 90 Stat. 2961 .)

References in Text

Act of June 9, 1930, referred to in text, is act June 9, 1930, ch. 416, 46 Stat. 527 , as amended, popularly known as the Knutson-Vandenberg Act, which is classified generally to sections 576, 576a, and 576b of this title. For complete classification of this Act to the Code, see Short Title note set out under section 576 of this title and Tables.

Act of May 23, 1908, referred to in text, is act May 23, 1908, ch. 192, 35 Stat. 251 , as amended. A portion of that act appearing at 35 Stat. 260 is classified to this section. For complete classification of this Act to the Code, see Tables.

Codification

"National forest" substituted in text for "forest reserve" the first, third and fourth time appearing, and for "reserve" the second time appearing, and "forest" substituted for "reserve", on authority of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269 , which provided that forest reserves shall hereafter be known as national forests.

Section is a combination of acts May 23, 1908, as amended, and Mar. 1, 1911, as amended.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

June 28, 1944, ch. 296, 58 Stat. 444 .

July 12, 1943, ch. 215, 57 Stat. 412 .

July 22, 1942, ch. 516, 56 Stat. 680 .

July 1, 1941, ch. 267, 55 Stat. 423 .

Amendments

1976-Pub. L. 94–588 inserted provision that beginning Oct. 1, 1976, the term "moneys received" would include all collections under the Act of June 9, 1930, and all amounts earned or allowed any purchaser of national forest timber and other forest products within such State as purchaser credits, for the construction of roads on the National Forest Transportation System within such national forests or parts thereof in connection with any Forest Service timber sales contract, and that the Secretary of Agriculture shall, from time to time as he goes through his process of developing the budget revenue estimates, make available to the States his current projections of revenues and payments estimated to be made under the Act of May 23, 1908, as amended, or any other special Acts making payments in lieu of taxes, for their use for local budget planning purposes.

1950-Act Apr. 24, 1950, struck out second proviso relating to limitation paid county.

1944-Act Sept. 21, 1944, inserted sentence relating to stumpage value of the timber.

1914-Act June 30, 1914, changed per centum to be paid to each State from five to twenty-five.

Savings Provision

Provisions of Federal Land Policy and Management Act of 1976, Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743 , not to be construed as affecting the distribution of livestock grazing revenues to local governments under this section, see section 701(j) of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.

Sharing of Forest Service Timber Sale Receipts

Pub. L. 103–66, title XIII, §13982, Aug. 10, 1993, 107 Stat. 681 , as amended by Pub. L. 103–443, §1(a), Nov. 2, 1994, 108 Stat. 4631 , provided that:

"(a) Definitions.-As used in this section:

"(1) Applicable percentage.-The term 'applicable percentage' means-

"(A) for fiscal year 1994, 85 percent; and

"(B) for each of fiscal years 1995 through 2003, 3 percentage points less than the applicable percentage for the preceding fiscal year.

"(2) 25-percent payments to states.-The term '25-percent payments to States' means the 25 percent payments authorized by the Act of May 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 500) for the States of Washington, Oregon, and California for the benefit of counties in which national forests are situated and that are affected by decisions related to the northern spotted owl.

"(3) Special payment amount.-The term 'special payment amount' means the amount determined by multiplying-

"(A) the applicable percentage; by

"(B) the annual average of the 25-percent payments to States made to a county pursuant to such Acts [Act] during the 5-year period consisting of fiscal years 1986 through 1990.

"(b) Payments.-

"(1) In general.-In lieu of making the 25-percent payments to States, the Secretary of the Treasury shall make payments to States, out of any money in the Treasury not otherwise appropriated, for the benefit of counties, that are eligible to receive the 25-percent payments to States as of the date of enactment of this Act [Aug. 10, 1993] in accordance with paragraph (2).

"(2) Amount of payments.-

"(A) Fiscal years 1994 through 1998.-For each of fiscal years 1994 through 1998, the payment to each State for the benefit of each county in the State referred to in paragraph (1) shall be equal to the sum of the special payment amounts for each county in the State.

"(B) Fiscal years 1999 through 2003.-

"(i) In general.-For each of fiscal years 1999 through 2003, the payment to each State for the benefit of each county in the State referred to in paragraph (1) shall be equal to the sum of the payments for each county in the State as calculated under clause (ii).

"(ii) Payments for counties.-The payment for each county referred to in clause (i) shall be equal to the greater of-

"(I) the special payment amount for the county; or

"(II) the share of the 25-percent payments to States allocable to the county."

Distribution of Moneys Received From Timber Salvage Sales Program

Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1401 , provided: "That notwithstanding any other provision of law, moneys received from the timber salvage sales program in fiscal year 1993 and subsequent fiscal years shall be considered as money received for purposes of computing and distributing 25 per centum payments to local governments under 16 U.S.C. 500, as amended."

Similar provisions were contained in the following appropriations act:

Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1402 .

Section Referred to in Other Sections

This section is referred to in sections 90d, 253, 460p–2, 460bbb–10, 460lll–12, 472a, 508b, 535a, 544l, 577g, 577g–1, 580k, 1683 of this title; title 7 section 6617; title 31 section 6903.