§7113. Transition payments to States

(a) Definitions

In this section:

(1) Adjusted amount

The term "adjusted amount" means, with respect to a covered State-

(A) for fiscal year 2008, 90 percent of-

(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) ¹ (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 7112(b) of this title to receive a share of the State payment for fiscal year 2008; and

(ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) ¹ (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 7112(b) of this title to receive the county payment for fiscal year 2008;

(B) for fiscal year 2009, 81 percent of-

(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) ¹ (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 7112(b) of this title to receive a share of the State payment for fiscal year 2009; and

(ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) ¹ (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 7112(b) of this title to receive the county payment for fiscal year 2009; and

(C) for fiscal year 2010, 73 percent of-

(i) the sum of the amounts paid for fiscal year 2006 under section 102(a)(2) ¹ (as in effect on September 29, 2006) for the eligible counties in the covered State that have elected under section 7112(b) of this title to receive a share of the State payment for fiscal year 2010; and

(ii) the sum of the amounts paid for fiscal year 2006 under section 103(a)(2) ¹ (as in effect on September 29, 2006) for the eligible counties in the State of Oregon that have elected under section 7112(b) of this title to receive the county payment for fiscal year 2010.

(2) Covered State

The term "covered State" means each of the States of California, Louisiana, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, and Washington.

(b) Transition payments

For each of fiscal years 2008 through 2010, in lieu of the payment amounts that otherwise would have been made under paragraphs (1)(B) and (2)(B) of section 7112(a) of this title, the Secretary of the Treasury shall pay the adjusted amount to each covered State and the eligible counties within the covered State, as applicable.

(c) Distribution of adjusted amount

Except as provided in subsection (d), it is the intent of Congress that the method of distributing the payments under subsection (b) among the counties in the covered States for each of fiscal years 2008 through 2010 be in the same proportion that the payments were distributed to the eligible counties in fiscal year 2006.

(d) Distribution of payments in California

The following payments shall be distributed among the eligible counties in the State of California in the same proportion that payments under section 102(a)(2) ¹ (as in effect on September 29, 2006) were distributed to the eligible counties for fiscal year 2006:

(1) Payments to the State of California under subsection (b).

(2) The shares of the eligible counties of the State payment for California under section 7112 of this title for each of fiscal years 2011 through 2015 and for each of fiscal years 2017 through 2023.

(e) Treatment of payments

For purposes of this chapter, any payment made under subsection (b) shall be considered to be a payment made under section 7112(a) of this title.

(Pub. L. 106–393, title I, §103, as added Pub. L. 110–343, div. C, title VI, §601(a), Oct. 3, 2008, 122 Stat. 3899 ; amended Pub. L. 112–141, div. F, title I, §100101(a)(4), July 6, 2012, 126 Stat. 906 ; Pub. L. 113–40, §10(a)(1)(C), Oct. 2, 2013, 127 Stat. 545 ; Pub. L. 114–10, title V, §524(a)(4), Apr. 16, 2015, 129 Stat. 179 ; Pub. L. 115–141, div. O, title IV, §401(a)(3)(E), Mar. 23, 2018, 132 Stat. 1078 ; Pub. L. 116–94, div. I, title III, §301(a)(2)(C), Dec. 20, 2019, 133 Stat. 3020 ; Pub. L. 117–58, div. D, title XII, §41202(b)(2), Nov. 15, 2021, 135 Stat. 1132 .)

Editorial Notes

References in Text

Sections 102(a)(2) and 103(a)(2) (as in effect on September 29, 2006), referred to in subsecs. (a)(1) and (d), mean former sections 102(a)(2) and 103(a)(2), respectively, of Pub. L. 106–393, which were 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 . See Prior Provisions notes set out below and under section 7112 of this title.

This chapter, referred to in subsec. (e), was in the original "this Act", meaning Pub. L. 106–393, Oct. 30, 2000, 114 Stat. 1607 , known as the Secure Rural Schools and Community Self-Determination Act of 2000, 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.

Prior Provisions

A prior section 103 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. (d)(2). Pub. L. 117–58 substituted "2023" for "2020".

2019-Subsec. (d)(2). Pub. L. 116–94 substituted "through 2015 and for each of fiscal years 2017 through 2020" for "through and for fiscal years 2017 and 2018".

2018-Subsec. (d)(2). Pub. L. 115–141 substituted "and for fiscal years 2017 and 2018" for "2015".

2015-Subsec. (d)(2). Pub. L. 114–10 substituted "2015" for "2013".

2013-Subsec. (d)(2). Pub. L. 113–40 substituted "through 2013" for "and 2012".

2012-Subsec. (d)(2). Pub. L. 112–141 substituted "each of fiscal years 2011 and 2012" for "fiscal year 2011".

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.

¹ See References in Text note below.