16 USC § 3839aa–7 - Limitation on payments | Title 16 - Conservation | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-9. (See Public Laws for the current Congress.)

(a) Limitation

Subject to subsection (b), a person or legal entity may not receive, directly or indirectly, cost-share or incentive payments under this part that, in the aggregate, exceed $300,000 for all contracts entered into under this part by the person or entity during any six-year period, ^[1] (excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under section 3839aa–2 (h) ^[2] of this title) regardless of the number of contracts entered into under this part by the person or entity.

(b) Waiver authority

In the case of contracts under this part for projects of special environmental significance (including projects involving methane digesters), as determined by the Secretary, the Secretary may—

(1) waive the limitation otherwise applicable under subsection (a); and

(2) raise the limitation to not more than $450,000 during any six-year period.

[1] So in original. The comma probably should follow “title)”.

[2] See References in Text note below.

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(a) Limitation

Subject to subsection (b), a person or legal entity may not receive, directly or indirectly, cost-share or incentive payments under this part that, in the aggregate, exceed $300,000 for all contracts entered into under this part by the person or entity during any six-year period, ^[1] (excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under section 3839aa–2 (h) ^[2] of this title) regardless of the number of contracts entered into under this part by the person or entity.

(b) Waiver authority

In the case of contracts under this part for projects of special environmental significance (including projects involving methane digesters), as determined by the Secretary, the Secretary may—

(1) waive the limitation otherwise applicable under subsection (a); and

(2) raise the limitation to not more than $450,000 during any six-year period.

[1] So in original. The comma probably should follow “title)”.

[2] See References in Text note below.

Source

(Pub. L. 99–198, title XII, § 1240G, as added Pub. L. 107–171, title II, § 2301,May 13, 2002, 116 Stat. 257; amended Pub. L. 108–447, div. A, title VII, § 794(b),Dec. 8, 2004, 118 Stat. 2852; Pub. L. 109–171, title I, § 1203(b),Feb. 8, 2006, 120 Stat. 6; Pub. L. 110–234, title II, § 2508,May 22, 2008, 122 Stat. 1063; Pub. L. 110–246, § 4(a), title II, § 2508,June 18, 2008, 122 Stat. 1664, 1791.)

References in Text

Section 3839aa–2 of this title, referred to in subsec. (a), was amended generally by Pub. L. 110–246, title II, § 2503,June 18, 2008, 122 Stat. 1787, and, as so amended, provisions relating to funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations, which formerly appeared in subsec. (h), are contained in subsec. (g).

Codification

Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.

Prior Provisions

A prior section 3839aa–7,Pub. L. 99–198, title XII, § 1240G, as added Pub. L. 104–127, title III, § 334,Apr. 4, 1996, 110 Stat. 1001, related to limitation on payments, prior to the general amendment of this part by Pub. L. 107–171.

Amendments

2008—Pub. L. 110–246, § 2508, designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), a person or legal entity” for “An individual or entity” and “$300,000” for “$450,000”, substituted “the person” for “the individual” in two places, and added subsec. (b).

2006—Pub. L. 109–171substituted “any six-year period” for “the period of fiscal years 2002 through 2007”.

2004—Pub. L. 108–447inserted “(excluding funding arrangements with federally recognized Native American Indian Tribes or Alaska Native Corporations under section 3839aa–2 (h) of this title)” after “2007,”.

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234by Pub. L. 110–246effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 ofPub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Wednesday, May 29, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

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"nt" means note.
"nt [tbl]" means note [table].
"prec" means preceding.
"fr" means a transfer from another section.
"to" means a transfer to another section.
"omitted" means the section is omitted.
"repealed" means the section is repealed.
"nt ed change" and "ed change" - See the Editorial Classification Change Table [pdf].

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General Reference

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16 USC	Description of Change	Session Year	Public Law	Statutes at Large

16 USC § 3839aa–7 - Limitation on payments

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