Section 12.070

Title II SOVEREIGNTY, JURISDICTION AND EMBLEMS

Chapter 12

Effective - 28 Aug 2023, 2 histories   

  12.070.  Sums received from United States shall be expended, how. — 1.  All sums of money received from the United States under an act of Congress, approved May 23, 1908, being an act providing for the payment to the states of twenty-five percent of all money received from the national forest reserves in the states for forest timber and other forest products to be expended as the legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which the forest reserve is situated (16 U.S.C.A. § 500) shall be expended as follows:  seventy-five percent for the public schools and twenty-five percent for roads in the counties in which national forests are situated.  The funds shall be used to aid in maintaining the schools and roads of those school districts that lie or are situated partly or wholly within or adjacent to the national forest in the county.  The distribution to each county from the proceeds received on account of a national forest within its boundaries shall be in the proportion that the area of the national forest in the county bears to the total area of the forest in the state, as of June thirtieth of the fiscal year for which the money is received.

  2.  All sums of moneys received from the United States under 16 U.S.C. Section 500 and 16 U.S.C. Section 520 providing for the payment to the states of all moneys received from the national forest reserves in the states for mineral products to be expended as the legislature may prescribe for the benefit of the public schools and public roads of the county or counties in which the forest reserve is situated shall be expended as follows:  fifty percent for the public schools and fifty percent for roads in the counties in which the national forests are situated.  The distribution to each county from the proceeds received on account of a national forest within its boundaries shall be as follows:  eighty-five percent of all proceeds shall be split in proportional shares based on the amount of minerals extracted per year in each county where mining occurs and fifteen percent of all proceeds shall be split equally between counties where there is no mining.

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(RSMo 1939 § 12695, A.L. 1957 p. 726, A.L. 2023 S.B. 109)

(1982) Due to legislative silence as to method of distributing forest reserve funds, county court can determine, in its discretion, that any of eligible school districts could be excluded from distribution of national forest reserve funds. Eminence R-1 School District v. Hodge (Mo.), 635 S.W.2d 10.