16 USC 498 (Cooperative Funds Act of June 30, 1914)

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[Laws in effect as of January 3, 2006]
[CITE: 16USC498]

TITLE 16--CONSERVATION

CHAPTER 2--NATIONAL FORESTS

SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION

Sec. 498. Cooperative work agreements: disposal of moneys
received; refund of excess; payment from appropriation; conflict
of interest

On or after June 30, 1914, all moneys received as contributions
toward cooperative work in forest investigations, or the protection,
management, and improvement of the National Forest System, shall be
covered into the Treasury and shall constitute a special fund, which is
appropriated and made available until expended, as the Secretary of
Agriculture may direct, for the payment of the expenses of said
investigations, protection, management, or improvements by the Forest
Service, and for refunds to the contributors of amounts heretofore or
hereafter paid in by them in excess of their share of the cost of said
investigations, protection, management, or improvements. Payment for
work undertaken pursuant to this section may be made from any
appropriation of the Forest Service that is available for similar work
if a written agreement so provides and reimbursement will be provided by
a cooperator in the same fiscal year as the expenditure by the Forest
Service. A reimbursement received from a cooperator that covers the
proportionate share of the cooperator of the cost of the work shall be
deposited to the credit of the appropriation of the Forest Service from
which the payment was initially made or, if the appropriation is no
longer available, to the credit of an appropriation of the Forest
Service that is available for similar work. The Secretary of Agriculture
shall establish written rules that establish criteria to be used to
determine whether the acceptance of contributions of money under this
section would adversely affect the ability of an officer or employee of
the Department of Agriculture to carry out a duty or program of the
officer or employee in a fair and objective manner or would compromise,
or appear to compromise, the integrity of the program, officer, or
employee. The Secretary of Agriculture shall establish written rules
that protect the interests of the Forest Service in cooperative work
agreements.

(June 30, 1914, ch. 131, 38 Stat. 430; May 29, 1928, ch. 901,
Sec. 1(99), 45 Stat. 993; Pub. L. 104-127, title III, Sec. 372, Apr. 4,
1996, 110 Stat. 1015.)

Amendments

1996--Pub. L. 104-127 substituted ``the protection, management, and
improvement of the National Forest System'' for ``the protection and
improvement of the national forests'', inserted ``management,'' after
``protection,'' in two places, and inserted at end ``Payment for work
undertaken pursuant to this section may be made from any appropriation
of the Forest Service that is available for similar work if a written
agreement so provides and reimbursement will be provided by a cooperator
in the same fiscal year as the expenditure by the Forest Service. A
reimbursement received from a cooperator that covers the proportionate
share of the cooperator of the cost of the work shall be deposited to
the credit of the appropriation of the Forest Service from which the
payment was initially made or, if the appropriation is no longer
available, to the credit of an appropriation of the Forest Service that
is available for similar work. The Secretary of Agriculture shall
establish written rules that establish criteria to be used to determine
whether the acceptance of contributions of money under this section
would adversely affect the ability of an officer or employee of the
Department of Agriculture to carry out a duty or program of the officer
or employee in a fair and objective manner or would compromise, or
appear to compromise, the integrity of the program, officer, or
employee. The Secretary of Agriculture shall establish written rules
that protect the interests of the Forest Service in cooperative work
agreements.''
1928--Act May 29, 1928, struck out provision which required that
annual reports be made to Congress of moneys received as contributions
for cooperative work.