16 U.S.C. § 7112
Payments to States and counties
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
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 2020.1
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.
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.
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.
The Governor of each eligible State shall notify the Secretary concerned of an election by an eligible county under this subsection not later than
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
This 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 (16 U.S.C. 7101 et seq.)” in subsec. (f)(2), meaning Pub. L. 106–393,
Act of
Act of
A prior section 102 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),
2025—Subsec. (b)(1)(E). Pub. L. 119–58, § 2(b)(1)(A), added subpar. (E).
Subsec. (b)(2)(C). Pub. L. 119–58, § 2(b)(1)(B), added subpar. (C).
Subsec. (d)(1)(G). Pub. L. 119–58, § 2(b)(2)(A), added subpar. (G).
Subsec. (d)(3)(E). Pub. L. 119–58, § 2(b)(2)(B), added subpar. (E).
2019—Subsec. (b)(1)(D). Pub. L. 116–94, § 301(a)(2)(A)(i), substituted “for each of fiscal years 2017 through 2020” for “for fiscal years 2017 and 2018” in heading and text.
Subsec. (b)(2). Pub. L. 116–94, § 301(a)(2)(A)(ii), substituted “for each of fiscal years 2017 through 2020” for “for fiscal years 2017 and 2018” in subpars. (A) and (B).
Subsec. (d)(1)(F). Pub. L. 116–94, § 301(a)(2)(B)(i), substituted “for each of fiscal years 2017 through 2020” for “for fiscal years 2017 and 2018” in heading and text.
Subsec. (d)(3)(D). Pub. L. 116–94, § 301(a)(2)(B)(ii), substituted “for each of fiscal years 2017 through 2020” for “for fiscal years 2017 and 2018” in heading and text.
2018—Subsec. (b)(1)(D). Pub. L. 115–141, § 401(a)(3)(A)(i), added subpar. (D).
Subsec. (b)(2). Pub. L. 115–141, § 401(a)(3)(A)(ii), inserted “and for fiscal years 2017 and 2018” after “2015” in subpars. (A) and (B).
Subsec. (d)(1)(B)(ii). Pub. L. 115–141, § 401(a)(3)(C)(i), 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”.
Subsec. (d)(1)(C). Pub. L. 115–141, § 401(a)(3)(C)(ii), 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.”
Subsec. (d)(1)(F). Pub. L. 115–141, § 401(a)(3)(B)(i), added subpar. (F).
Subsec. (d)(3)(B)(ii). Pub. L. 115–141, § 401(a)(3)(B)(ii)(I), substituted “purposes described in section 7122(b) of this title, section 7123(c) of this title, or section 7124(a)(5) of this title” for “purpose described in section 7122(b) of this title”.
Subsec. (d)(3)(D). Pub. L. 115–141, § 401(a)(3)(B)(ii)(II), added subpar. (D).
Subsec. (f). Pub. L. 115–141, § 401(a)(3)(D), added subsec. (f).
2015—Subsec. (b)(1)(C). Pub. L. 114–10, § 524(b)(1), added subpar. (C).
Subsec. (b)(2)(A). Pub. L. 114–10, § 524(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.”
Subsec. (b)(2)(B). Pub. L. 114–10, § 524(b)(2)(B), substituted “fiscal year 2015” for “fiscal year 2013”.
Subsec. (d)(1)(E). Pub. L. 114–10, § 524(b)(3)(A), added subpar. (E).
Subsec. (d)(3)(C). Pub. L. 114–10, § 524(b)(3)(B), added subpar. (C).
2013—Subsec. (b)(1)(A). Pub. L. 113–40, § 10(a)(1)(B)(i), substituted “2013” for “2012”.
Subsec. (b)(2)(B). Pub. L. 113–40, § 10(a)(1)(B)(ii), substituted “2013” for “2012” in two places.
2012—Subsec. (b)(1)(A). Pub. L. 112–141, § 100101(a)(3)(A), substituted “2012” for “2008”.
Subsec. (b)(2)(B). Pub. L. 112–141, § 100101(a)(3)(B), inserted “in 2012” before “, the election”.
Pub. L. 112–141, § 100101(a)(2), substituted “fiscal year 2012” for “fiscal year 2011”.
Subsec. (d)(1)(A). Pub. L. 112–141, § 100101(a)(3)(C)(i), substituted “subparagraph (D)” for “paragraph (3)(B)”.
Subsec. (d)(1)(D). Pub. L. 112–141, § 100101(a)(3)(C)(ii)(II), redesignated subsec. (d)(3)(B) as subpar. (D).
Subsec. (d)(3)(A). Pub. L. 112–141, § 100101(a)(3)(C)(ii)(I), 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.
Subsec. (d)(3)(B). Pub. L. 112–141, § 100101(a)(3)(C)(ii)(III), added subpar. (B). Former subpar. (B) redesignated subsec. (d)(1)(D).
Pub. L. 117–102, § 1,