§ 2108. — Consolidation of payments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC2108]
TITLE 16--CONSERVATION
CHAPTER 41--COOPERATIVE FORESTRY ASSISTANCE
Sec. 2108. Consolidation of payments
(a) Request by State; excluded funds
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 of this title or money from any special
Treasury fund established under this chapter.
(b) State forest resources programs as basis
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) Amount of payments
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) Certification requirement by State forester or equivalent State
official for Federal payment
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) Administration of consolidated payments program not to adversely
affect, etc., other programs
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) Total annual amount of financial assistance to participating State;
financial assistance for special projects not to be included in
determining base amount
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.
(Pub. L. 95-313, Sec. 12, formerly Sec. 9, July 1, 1978, 92 Stat. 372;
renumbered Sec. 12 and amended Pub. L. 101-624, title XII,
Secs. 1215(1), 1224(2), Nov. 28, 1990, 104 Stat. 3525, 3542.)
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, Sec. 1224(2), made technical
amendment to reference to section 2111 of this title to reflect
renumbering of corresponding section of original act.
Section Referred to in Other Sections
This section is referred to in section 2106b of this title.
