16 USC CHAPTER 90, SUBCHAPTER III: COUNTY FUNDS
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16 USC CHAPTER 90, SUBCHAPTER III: COUNTY FUNDS
From Title 16—CONSERVATIONCHAPTER 90—SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION

SUBCHAPTER III—COUNTY FUNDS

§7141. Definitions

In this subchapter:

(1) County funds

The term "county funds" means all funds an eligible county elects under section 7112(d) of this title to reserve for expenditure in accordance with this subchapter.

(2) Participating county

The term "participating county" means an eligible county that elects under section 7112(d) of this title to expend a portion of the Federal funds received under section 7112 of this title in accordance with this subchapter.

(Pub. L. 106–393, title III, §301, as added Pub. L. 110–343, div. C, title VI, §601(a), Oct. 3, 2008, 122 Stat. 3909.)


Editorial Notes

Prior Provisions

A prior section 301 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.

§7142. Use

(a) Authorized uses

A participating county, including any applicable agencies of the participating county, shall use county funds, in accordance with this subchapter, only—

(1) to carry out activities under the Firewise Communities program to provide to homeowners in fire-sensitive ecosystems education on, and assistance with implementing, techniques in home siting, home construction, and home landscaping that can increase the protection of people and property from wildfires;

(2) to reimburse the participating county for search and rescue and other emergency services, including firefighting and law enforcement patrols, that are—

(A) performed on Federal land after the date on which the use was approved under subsection (b); and

(B) paid for by the participating county;


(3) to cover training costs and equipment purchases directly related to the emergency services described in paragraph (2);

(4) to develop and carry out community wildfire protection plans in coordination with the appropriate Secretary concerned; and

(5) to provide or expand access to—

(A) broadband telecommunications services at local schools; or

(B) the technology and connectivity necessary for students to use a digital learning tool at or outside of a local school campus.

(b) Proposals

A participating county shall use county funds for a use described in subsection (a) only after a 45-day public comment period, at the beginning of which the participating county shall—

(1) publish in any publications of local record a proposal that describes the proposed use of the county funds; and

(2) submit the proposal to any resource advisory committee established under section 7125 of this title for the participating county.

(Pub. L. 106–393, title III, §302, as added Pub. L. 110–343, div. C, title VI, §601(a), Oct. 3, 2008, 122 Stat. 3909; amended Pub. L. 112–141, div. F, title I, §100101(a)(9), July 6, 2012, 126 Stat. 906; Pub. L. 115–141, div. O, title IV, §402, Mar. 23, 2018, 132 Stat. 1079; Pub. L. 117–58, div. D, title XII, §41202(e), Nov. 15, 2021, 135 Stat. 1134.)


Editorial Notes

Prior Provisions

A prior section 302 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—Subsec. (a)(5). Pub. L. 117–58 added par. (5).

2018—Subsec. (a)(2). Pub. L. 115–141, §402(1), inserted "and law enforcement patrols" after "including firefighting" in introductory provisions and struck out "and" at end of subpar. (B).

Subsec. (a)(3). Pub. L. 115–141, §402(4), added par. (3). Former par. (3) redesignated (4).

Pub. L. 115–141, §402(2), inserted "and carry out" after "develop".

Subsec. (a)(4). Pub. L. 115–141, §402(3), redesignated par. (3) as (4).

2012—Subsec. (a)(2)(A). Pub. L. 112–141 inserted "and" at end.


Statutory Notes and Related Subsidiaries

Wage Rate Requirements

For 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.

§7143. Certification

(a) In general

Not later than February 1 of the year after the year in which any county funds were expended by a participating county, the appropriate official of the participating county shall submit to the Secretary concerned a certification that the county funds expended in the applicable year have been used for the uses authorized under section 7142(a) of this title, including a description of the amounts expended and the uses for which the amounts were expended.

(b) Review

The Secretary concerned shall review the certifications submitted under subsection (a) as the Secretary concerned determines to be appropriate.

(Pub. L. 106–393, title III, §303, as added Pub. L. 110–343, div. C, title VI, §601(a), Oct. 3, 2008, 122 Stat. 3910.)


Editorial Notes

Prior Provisions

A prior section 303 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.

§7143a. Amounts obligated but unspent; prohibition on use of funds

(a) Amounts obligated but unspent

Any county funds that were obligated by the applicable participating county before October 1, 2017, but are unspent on October 1, 2020—

(1) may, at the option of the participating county, be deemed to have been reserved by the participating county on October 1, 2020, for expenditure in accordance with this subchapter; and

(2)(A) may be used by the participating county for any authorized use under section 7142(a) of this title; and

(B) on a determination by the participating county under subparagraph (A) to use the county funds, shall be available for projects initiated after October 1, 2020, subject to section 7144 of this title.

(b) Prohibition on use of funds

Notwithstanding any other provision of law, effective beginning on November 15, 2021, no county funds made available under this subchapter may be used by any participating county for any lobbying activity, regardless of the purpose for which the funds are obligated on or before that date.

(Pub. L. 106–393, title III, §304, as added Pub. L. 117–58, div. D, title XII, §41202(g)(2), Nov. 15, 2021, 135 Stat. 1134.)


Editorial Notes

Prior Provisions

A prior section 304 of Pub. L. 106–393 was renumbered section 305 and is classified to section 7144 of this title.


Statutory Notes and Related Subsidiaries

Wage Rate Requirements

For 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.

§7144. Termination of authority

(a) In general

The authority to initiate projects under this subchapter terminates on September 30, 2025.

(b) Availability

Any county funds not obligated by September 30, 2026, shall be returned to the Treasury of the United States.

(Pub. L. 106–393, title III, §305, formerly §304, as added Pub. L. 110–343, div. C, title VI, §601(a), Oct. 3, 2008, 122 Stat. 3910; amended Pub. L. 112–141, div. F, title I, §100101(a)(2), (10), July 6, 2012, 126 Stat. 905, 906; Pub. L. 113–40, §10(a)(3), Oct. 2, 2013, 127 Stat. 545; Pub. L. 114–10, title V, §524(d), Apr. 16, 2015, 129 Stat. 180; Pub. L. 115–141, div. O, title IV, §401(c), Mar. 23, 2018, 132 Stat. 1079; Pub. L. 116–94, div. I, title III, §301(c), Dec. 20, 2019, 133 Stat. 3021; renumbered §305 and amended Pub. L. 117–58, div. D, title XII, §41202(f), (g)(1), Nov. 15, 2021, 135 Stat. 1134.)


Editorial Notes

Amendments

2021—Subsec. (a). Pub. L. 117–58, §41202(f)(1), substituted "2025" for "2022".

Subsec. (b). Pub. L. 117–58, §41202(f)(2), substituted "2026" for "2023".

2019—Subsec. (a). Pub. L. 116–94, §301(c)(1), substituted "2022" for "2020".

Subsec. (b). Pub. L. 116–94, §301(c)(2), substituted "2023" for "2021".

2018—Subsec. (a). Pub. L. 115–141, §401(c)(1), substituted "2020" for "2017".

Subsec. (b). Pub. L. 115–141, §401(c)(2), substituted "2021" for "2018".

2015—Subsec. (a). Pub. L. 114–10, §524(d)(1), substituted "2017" for "2013".

Subsec. (b). Pub. L. 114–10, §524(d)(2), substituted "2018" for "2014".

2013—Subsec. (a). Pub. L. 113–40, §10(a)(3)(A), substituted "2013" for "2012".

Subsec. (b). Pub. L. 113–40, §10(a)(3)(B), substituted "2014" for "2013".

2012—Subsec. (a). Pub. L. 112–141, §100101(a)(2), substituted "2012" for "2011".

Subsec. (b). Pub. L. 112–141, §100101(a)(10), substituted "2013" for "2012".


Statutory Notes and Related Subsidiaries

Wage Rate Requirements

For 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.