---
kind: "section"
citation: "16 U.S.C. § 7112"
title: "16"
title_heading: "Conservation"
number: "7112"
heading: "Payments to States and counties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/7112"
units:
  - "Chapter 90 — Secure Rural Schools and Community Self-Determination"
  - "Subchapter I — Secure Payments for States and Counties Containing Federal Land"
---

# §7112. Payments to States and counties

- (a) **Payment amounts—** Except as provided in [section 7113 of this title](/usc/16/7113.md), the [Secretary](/usc/16/410r–5.md?p=c-1) of the Treasury shall pay to—
  - (1) a [State](/usc/16/590q.md?p=a) or territory of the United States an amount equal to the sum of the amounts elected under [subsection (b)](#b) by each county within the [State](/usc/16/590q.md?p=a) or territory for—
    - (A) if the county is eligible for the [25-percent payment](/usc/16/7102.md?p=17), the share of the [25-percent payment](/usc/16/7102.md?p=17); or
    - (B) the share of the [State payment](/usc/16/7102.md?p=16) of the [eligible county](/usc/16/7102.md?p=4); and
  - (2) a county an amount equal to the amount elected under [subsection (b)](#b) by each county for—
    - (A) if the county is eligible for the [50-percent payment](/usc/16/7102.md?p=10), the [50-percent payment](/usc/16/7102.md?p=10); or
    - (B) the [county payment](/usc/16/7102.md?p=3) for the [eligible county](/usc/16/7102.md?p=4).
- (b) **Election to receive payment amount—**
  - (1) **Election; submission of results—**
    - (A) **In general—** The election to receive a share of the [State payment](/usc/16/7102.md?p=16), the [county payment](/usc/16/7102.md?p=3), a share of the [State payment](/usc/16/7102.md?p=16) and the [county payment](/usc/16/7102.md?p=3), a share of the [25-percent payment](/usc/16/7102.md?p=17), the [50-percent payment](/usc/16/7102.md?p=10), or a share of the [25-percent payment](/usc/16/7102.md?p=17) and the [50-percent payment](/usc/16/7102.md?p=10), as applicable, shall be made at the discretion of each affected county by August 1, 2013 (or as soon thereafter as the [Secretary concerned](/usc/16/7102.md?p=15) determines is practicable), and August 1 of each second fiscal year thereafter, in accordance with [paragraph (2)](#b-2), and transmitted to the [Secretary concerned](/usc/16/7102.md?p=15) by the Governor of each [eligible State](/usc/16/7102.md?p=6).
    - (B) **Failure to transmit—** If an election for an affected county is not transmitted to the [Secretary concerned](/usc/16/7102.md?p=15) by the date specified under [subparagraph (A)](#b-1-A), the affected county shall be considered to have elected to receive a share of the [State payment](/usc/16/7102.md?p=16), the [county payment](/usc/16/7102.md?p=3), or a share of the [State payment](/usc/16/7102.md?p=16) and the [county payment](/usc/16/7102.md?p=3), as applicable.
    - (C) **Effect of late payment for fiscal years 2014 and 2015—** The election otherwise required by [subparagraph (A)](#b-1-A) shall not apply for fiscal year 2014 or 2015.
    - (D) **Payments for each of fiscal years 2017 through 2020—** The election otherwise required by [subparagraph (A)](#b-1-A) shall not apply for each of fiscal years 2017 through 2020.[^1]
    - (E) **Payments for each of fiscal years 2024 and 2025—** The election otherwise required by [subparagraph (A)](#b-1-A) shall not apply for each of fiscal years 2024 and 2025.
  - (2) **Duration of election—**
    - (A) **In general—** A county election to receive a share of the [25-percent payment](/usc/16/7102.md?p=17) or [50-percent payment](/usc/16/7102.md?p=10), 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](/usc/16/7102.md?p=17) or [50-percent payment](/usc/16/7102.md?p=10), as applicable, also shall be effective for fiscal years 2014 and 2015 and for each of fiscal years 2017 through 2020.
    - (B) **Full funding amount—** If a county elects to receive a share of the [State payment](/usc/16/7102.md?p=16) or the [county payment](/usc/16/7102.md?p=3) 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.
    - (C) **Fiscal years 2024 and 2025—** The election described in [paragraph (1)(A)](#b-1-A) applicable to a county in fiscal year 2023 shall be effective for each of fiscal years 2024 and 2025.
  - (3) **Source of payment amounts—** The payment to an [eligible State](/usc/16/7102.md?p=6) or [eligible county](/usc/16/7102.md?p=4) under this section for a fiscal year shall be derived from—
    - (A) any amounts that are appropriated to carry out this chapter;
    - (B) any revenues, fees, penalties, or miscellaneous receipts, exclusive of deposits to any relevant [trust](/usc/16/450ss–1.md?p=4) fund, special account, or permanent operating funds, received by the Federal Government from activities by the Bureau of Land Management or the Forest Service on the applicable [Federal land](/usc/16/7102.md?p=7); and
    - (C) to the extent of any shortfall, out of any amounts in the Treasury of the United States not otherwise appropriated.
- (c) **Distribution and expenditure of payments—**
  - (1) **Distribution method—** A [State](/usc/16/590q.md?p=a) that receives a payment under [subsection (a)](#a) for [Federal land](/usc/16/7102.md?p=7) described in [section 7102(7)(A) of this title](/usc/16/7102.md?p=7-A) shall distribute the appropriate payment amount among the appropriate [counties](/usc/16/544.md?p=d) in the [State](/usc/16/590q.md?p=a) in accordance with—
    - (A) the Act of May 23, 1908 ([16 U.S.C. 500](/usc/16/500.md)); and
    - (B) section 13 of the Act of March 1, 1911 (36 Stat. 963; [16 U.S.C. 500](/usc/16/500.md)).
  - (2) **Expenditure purposes—** Subject to [subsection (d)](#d), payments received by a [State](/usc/16/590q.md?p=a) under [subsection (a)](#a) and distributed to [counties](/usc/16/544.md?p=d) in accordance with [paragraph (1)](#c-1) shall be expended as required by the laws referred to in [paragraph (1)](#c-1).
- (d) **Expenditure rules for eligible counties—**
  - (1) **Allocations—**
    - (A) **Use of portion in same manner as 25-percent payment or 50-percent payment, as applicable—** Except as provided in [subparagraph (D)](#d-1-D), if an [eligible county](/usc/16/7102.md?p=4) elects to receive its share of the [State payment](/usc/16/7102.md?p=16) or the [county payment](/usc/16/7102.md?p=3), 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](/usc/16/7102.md?p=17) or [50-percent payment](/usc/16/7102.md?p=10), as applicable, are required to be expended.
    - (B) **Election as to use of balance—** Except as provided in [subparagraph (C)](#d-1-C), an [eligible county](/usc/16/7102.md?p=4) shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to [subparagraph (A)](#d-1-A):
      - (i) Reserve any portion of the balance for [projects](/usc/16/410r–5.md?p=c-4) in accordance with subchapter II.
      - (ii) Reserve any portion of the balance for [projects](/usc/16/410r–5.md?p=c-4) in accordance with subchapter III.
      - (iii) Return the portion of the balance not reserved under clauses [(i)](#d-1-B-i) and [(ii)](#d-1-B-ii) to the Treasury of the United States.
    - (C) **Counties with major distributions—** In the case of each [eligible county](/usc/16/7102.md?p=4) to which $350,000 or more is distributed for any fiscal year pursuant to paragraph [(1)(B)](#a-1-B) or [(2)(B)](#a-2-B) of subsection (a), the [eligible county](/usc/16/7102.md?p=4) shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to [subparagraph (A)](#d-1-A):
      - (i) Reserve any portion of the balance for [projects](/usc/16/410r–5.md?p=c-4) in accordance with subchapter II.
      - (ii) Reserve not more than 7 percent of the total share for the [eligible county](/usc/16/7102.md?p=4) of the [State payment](/usc/16/7102.md?p=16) or the [county payment](/usc/16/7102.md?p=3) for [projects](/usc/16/410r–5.md?p=c-4) in accordance with subchapter III.
      - (iii) Return the portion of the balance not reserved under clauses [(i)](#d-1-C-i) and [(ii)](#d-1-C-ii) to the Treasury of the United States.
    - (D) **Counties with minor distributions—** In the case of each [eligible county](/usc/16/7102.md?p=4) to which less than $100,000 is distributed for any fiscal year pursuant to either or both of paragraphs [(1)(B)](#a-1-B) and [(2)(B)](#a-2-B) of subsection (a), the [eligible county](/usc/16/7102.md?p=4) may elect to expend all the funds in the same manner in which the [25-percent payments](/usc/16/7102.md?p=17) or [50-percent payments](/usc/16/7102.md?p=10), as applicable, are required to be expended.
    - (E) **Effect of late payment for fiscal year 2014—** The election made by an [eligible county](/usc/16/7102.md?p=4) under subparagraph [(B)](#d-1-B), [(C)](#d-1-C), or [(D)](#d-1-D) for fiscal year 2013, or deemed to be made by the county under [paragraph (3)(B)](#d-3-B) for that fiscal year, shall be effective for fiscal years 2014 and 2015.
    - (F) **Payments for each of fiscal years 2017 through 2020—** The election made by an [eligible county](/usc/16/7102.md?p=4) under subparagraph [(B)](#d-1-B), [(C)](#d-1-C), or [(D)](#d-1-D) for fiscal year 2013, or deemed to be made by the county under [paragraph (3)(B)](#d-3-B) for that fiscal year, shall be effective for each of fiscal years 2017 through 2020.[^1]
    - (G) **Payments for each of fiscal years 2024 and 2025—** The election made by an [eligible county](/usc/16/7102.md?p=4) under subparagraph [(B)](#d-1-B), [(C)](#d-1-C), or [(D)](#d-1-D) for fiscal year 2023, or deemed to be made by the county under [paragraph (3)(B)](#d-3-B) for that fiscal year, shall be effective for each of fiscal years 2024 and 2025.
  - (2) **Distribution of funds—**
    - (A) **In general—** Funds reserved by an [eligible county](/usc/16/7102.md?p=4) under subparagraph [(B)(i)](#d-1-B-i) or [(C)(i)](#d-1-C-i) of paragraph (1) for carrying out [projects](/usc/16/410r–5.md?p=c-4) under subchapter II shall be deposited in a special account in the Treasury of the United States.
    - (B) **Availability—** Amounts deposited under [subparagraph (A)](#d-2-A) shall—
      - (i) be available for expenditure by the [Secretary concerned](/usc/16/7102.md?p=15), without further appropriation; and
      - (ii) remain available until expended in accordance with subchapter II.
  - (3) **Election—**
    - (A) **Notification—** The Governor of each [eligible State](/usc/16/7102.md?p=6) shall notify the [Secretary concerned](/usc/16/7102.md?p=15) of an election by an [eligible county](/usc/16/7102.md?p=4) under this subsection not later than September 30, 2012, and each September 30 thereafter for each succeeding fiscal year.
    - (B) **Failure to elect—** If the Governor of an [eligible State](/usc/16/7102.md?p=6) fails to notify the [Secretary concerned](/usc/16/7102.md?p=15) of the election for an [eligible county](/usc/16/7102.md?p=4) by the date specified in [subparagraph (A)](#d-3-A)—
      - (i) the [eligible county](/usc/16/7102.md?p=4) shall be considered to have elected to expend 80 percent of the funds in accordance with [paragraph (1)(A)](#d-1-A); and
      - (ii) the remainder shall be available to the [Secretary concerned](/usc/16/7102.md?p=15) to carry out [projects](/usc/16/410r–5.md?p=c-4) in the [eligible county](/usc/16/7102.md?p=4) to further the purposes described in [section 7122(b) of this title](/usc/16/7122.md?p=b), [section 7123(c) of this title](/usc/16/7123.md?p=c), or [section 7124(a)(5) of this title](/usc/16/7124.md?p=a-5).
    - (C) **Effect of late payment for fiscal year 2014—** This paragraph does not apply for fiscal years 2014 and 2015.
    - (D) **Payments for each of fiscal years 2017 through 2020—** This paragraph does not apply for each of fiscal years 2017 through 2020.[^1]
    - (E) **Payments for each of fiscal years 2024 and 2025—** This paragraph does not apply for each of fiscal years 2024 and 2025.
- (e) **Time for payment—** The payments required under this section for a fiscal year shall be made as soon as practicable after the end of that fiscal year.
- (f) **Treatment as supplemental funding—**
  - (1) **In general—** None of the funds made available to an [eligible county](/usc/16/7102.md?p=4) under this chapter may be used in lieu of, or to otherwise offset, a [State](/usc/16/590q.md?p=a) funding source for a local school, facility, or educational purpose.
  - (2) **Continuation of direct payments—** Payments to [States](/usc/16/544.md?p=r) made under this chapter and [25-percent payments](/usc/16/7102.md?p=17) made to [States](/usc/16/544.md?p=r) and Territories under the Acts of May 23, 1908, and March 1, 1911 ([16 U.S.C. 500](/usc/16/500.md)), shall continue to be made as direct payments and not as Federal financial assistance.

## Footnotes

[^1]: See County Elections for Fiscal Year 2021 Under the Secure Rural Schools and Community Self-Determination Act of 2000 note below.

## Source credit

(Pub. L. 106–393, title I, § 102, as added Pub. L. 110–343, div. C, title VI, § 601(a), Oct. 3, 2008, 122 Stat. 3896; amended Pub. L. 112–141, div. F, title I, § 100101(a)(2), (3), July 6, 2012, 126 Stat. 905; Pub. L. 113–40, § 10(a)(1)(B), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, § 524(b), Apr. 16, 2015, 129 Stat. 179; Pub. L. 115–141, div. O, title IV, § 401(a)(3)(A)–(D), Mar. 23, 2018, 132 Stat. 1077, 1078; Pub. L. 116–94, div. I, title III, § 301(a)(2)(A), (B), Dec. 20, 2019, 133 Stat. 3020; Pub. L. 119–58, § 2(b), Dec. 18, 2025, 139 Stat. 714.)

## Notes

### Editorial Notes

### References in Text

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, Oct. 30, 2000, 114 Stat. 1607, 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.

Act of May 23, 1908, referred to in subsec. (f)(2), is act May 23, 1908, ch. 192, 35 Stat. 260, which is classified to section 500 of this title.

Act of March 1, 1911, referred to in subsec. (f)(2), is act Mar. 1, 1911, ch. 186, 36 Stat. 961, popularly known as the Weeks Law, which enacted former sections 513 and 514 and sections 515 to 519, 521, 552, and 563 of this title and amended sections 480 and 500 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 552 of this title and Tables.

### Prior Provisions

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), Oct. 3, 2008, 122 Stat. 3893.

### Amendments

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).

### Statutory Notes and Related Subsidiaries

### County Elections for Fiscal Year 2021 Under the Secure Rural Schools and Community Self-Determination Act of 2000

Pub. L. 117–102, § 1, Mar. 15, 2022, 136 Stat. 48, provided that: “Sections 102(b)(1)(D), 102(d)(1)(F), and 102(d)(3)(D) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(b)(1)(D), 7112(d)(1)(F), 7112(d)(3)(D)) shall be applied for fiscal year 2021.”