12 2 STA T .3897PUBLIC LA W 11 0– 3 4 3 —O CT. 3 , 2008 ‘ ‘ (A)ifthecoun t y i s e l i g i b le fo r the 25-p ercent p a y m ent , the share of the 25-percent payment
or ‘‘( B ) the share of the S tate payment of the eligible county; an d ‘‘(2) a county an amount e q ual to the amount elected under subsection (b) by each county for — ‘‘(A) if the county is eligible for the 5 0 -percent payment, the 50-percent payment; or ‘‘(B) the county payment for the eligible county . ‘‘(b) ELECTIONT O R ECEI V E PAYM ENT AMO U NT.— ‘‘( 1 ) ELECTION; S U B MISSION O FR ESULTS.— ‘‘(A) I N G ENERAL.—The election to recei v eashareof the State payment, the county payment, a share of the State payment and the county payment, a share of the 25-percent payment, the 50-percent payment, or a share of the 25-percent payment and the 50-percent payment, as applicable, shall be made at the discretion of each affected county by August 1, 200 8 (or as soon thereafter as the Secretary concerned determines is practicable), and August 1 of each second fiscal year thereafter, in accordance w ith paragraph (2), and transmitted to the Secretary con- cerned by the G overnor of each eligible State. ‘‘(B) F AILURE TO TRANSMIT.—If an election for an affected county is not transmitted to the Secretary con- cerned by the date specified under subparagraph (A), the affected county shall be considered to have elected to receive a share of the State payment, the county payment, or a share of the State payment and the county payment, as applicable. ‘‘(2) D URATION OF ELECTION.— ‘‘(A) IN GENERAL.—A county election to receive a share of the 25-percent payment or 50-percent payment, as applicable, shall be effective for 2 fiscal years. ‘‘(B) FULL FUN D ING AMOUNT.—If a county elects to receive a share of the State payment or the county pay- ment, the election shall be effective for all subsequent fiscal years through fiscal year 2011. ‘‘( 3 ) SOURCE OF P AYMENT AMOUNTS.—The payment to an eligible State or eligible county under this section for a fiscal year shall be derived from— ‘‘(A) any amounts that are appropriated to carry out this Act; ‘‘(B) any revenues, fees, penalties, or miscellaneous receipts, e x clusive of deposits to any relevant trust fund, special account, or permanent operating funds, received by the Federal Government from activities by the Bureau of L and M anagement or the Forest Service on the applicable Federal land; and ‘‘( C ) to the extent of any shortfall, out of any amounts in the Treasury of the U nited States not otherwise appro- priated. ‘‘(c) DISTRIBUTION AND E X PENDITURE OF PAYMENTS.— ‘‘(1) DISTRIBUTION MET H OD.—A State that receives a pay- ment under subsection (a) for Federal land described in section 3( 7 )(A) shall distribute the appropriate payment amount among the appropriate counties in the State in accordance with— ‘‘(A) the Act of May 23, 1 9 08 (1 6 U.S.C. 500); and
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