Hon. A. E. Hickerson Opinion No. V-93 

County Auditor 

Montgomery County Re: National forest receipts, 

Comoe, Texas prorating of under Article 

2351b-4, V. C. S. 

Dear Sir: 

We refer to your letter of recent date acknowledged by this office on March 4, 1947, wherein you 

stated that the County Treasurer of Montgomery County 

has received $6,607.95 from the State Treasurer as the 

county's part of National forest receipts, and the Commissioners Court wishes to distribute this sum in accordance with Artiole 2351b-4, V. C. 9. You wish to be 

advised as to what interpretation should be placed on 

the word "area" as used and found in the second paragraph of said statute. 

Article 2351b-4, Vernon's Civil Statutes, pro- '. vlaes, in part, as follows: 

"That, whereas Congress has heretofore 

passed a law which provides that thereafter 

twenty-five per centum (25%) of all moneys 

received during any fiscal year from each 

national forest shall be paid at the end 

thereof by the Secretary of the Treasury to 

the State . . . in which said forest is situated to be expended as the State . . . Legislature may prescribe for the benefit of 

the public schools and the public roads of 

the county or counties in which the national 

forest is situated, and whereas the Legislature of the State of Texas has not prescribed 

any method for prorating said funds, now, 

therefore, be it enacted that the Commissioners 

Courts of the counties in Texas in which such 

national forests are situated are hereby authorized to prorate all such funds received and 

to be received from the Federal Government for 

timber and all other income derived from such 

land as follows: 
“4 

* '" Hon. A. E. Hickerson, Page 2, v-93 

*Fifty per cent (56) of such money received shall be allocated to the school distriota in proportion to the area in said distriots, and fifty per cent (50$) of same to the 

county for the benefit of the public roads in 

said oountg. Provided the Commissioners Court 

may transfer the fifty per cent (50s)received 

by said Court to the sohool distrIots.* 

Section 500, United States Code Annotated 

Title 16, Chapter 2, provides that national forest ;ecelpta payable thereunder to a State and received thereby may be expended as the State Legislature may prescribe 

for the benefit of public schools and public roads of the 

county or counties in which such national forest is situated. 

It is the opinion of this Department that that 

portion of the national forest receipts received by the 

county by virtue of the provisions of Title 16, Chapters 

2, Seotion 500, U.ELC,A., and Article 2351b-4, V. C,. S.j _ 

for,publio school pnrpoaea should be prorated and transferred by the Commissioners Court to all the school districts within the county In proportion to the area in 

said school districts; further, that the term uareaB1 as 

used in Article 235113-4, means area of the school distriots .located In the county, and does not mean area of 

national rarest lands. 

National forest receipts received by a 

county under Title 16, Chapter 2, Section 500, 

U.S.C.A., and Article 2351b-4, V. C. S., for 

publio aohool purposes should be prorated and 

transferred by the Commissioners' .Court to all 

school districts within the oounty in proportion to the area in said school distriots. 

RAresw aa used in Artiole 2351b-4, V. C. S., 

means area of the school distriots in the county. 

Very truly yours, 

ATTORNEY GENRRAL 

0RG:djm:mrj:jrb 

ATTGRREY GERRRAL OF TEXAS 

Ry ~ z.w 

Chester R. Ollison 

Assistant