[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2389 Engrossed in House (EH)]
1st Session
H. R. 2389
_______________________________________________________________________
AN ACT
To restore stability and predictability to the annual payments made to
States and counties containing National Forest System lands and public
domain lands managed by the Bureau of Land Management for use by the
counties for the benefit of public schools, roads, and other purposes.
106th CONGRESS
1st Session
H. R. 2389
_______________________________________________________________________
AN ACT
To restore stability and predictability to the annual payments made to
States and counties containing National Forest System lands and public
domain lands managed by the Bureau of Land Management for use by the
counties for the benefit of public schools, roads, and other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Secure Rural
Schools and Community Self-Determination Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL
LANDS
Sec. 101. Determination of full payment amount for eligible States and
counties.
Sec. 102. Payments to States from Forest Service lands for use by
counties to benefit public education and
transportation.
Sec. 103. Payments to counties from Bureau of Land Management lands for
use to benefit public safety, law
enforcement, education, and other public
purposes.
TITLE II--LOCALLY INITIATED PROJECTS ON FEDERAL LANDS
Sec. 201. Definitions.
Sec. 202. General limitation on use of project funds.
Sec. 203. Submission of project proposals by participating counties.
Sec. 204. Evaluation and approval of projects by Secretary concerned.
Sec. 205. Local advisory committees.
Sec. 206. Use of project funds.
Sec. 207. Duration of availability of a county's project funds.
Sec. 208. Treatment of funds generated by locally initiated projects.
TITLE III--FOREST COUNTIES PAYMENTS COMMITTEE
Sec. 301. Definitions.
Sec. 302. National advisory committee to develop long-term methods to
meet statutory obligation of Federal lands
to contribute to public education and other
public services.
Sec. 303. Functions of Advisory Committee.
Sec. 304. Federal Advisory Committee Act requirements.
Sec. 305. Termination of Advisory Committee.
Sec. 306. Sense of the Congress regarding Advisory Committee
recommendations.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Authorization of appropriations.
Sec. 402. Treatment of funds and revenues.
Sec. 403. Conforming amendments.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The National Forest System, which is managed by the
United States Forest Service, was established in 1907 and has
grown to include approximately 192,000,000 acres of Federal
lands.
(2) The public domain lands known as revested Oregon and
California Railroad grant lands and the reconveyed Coos Bay
Wagon Road grant lands, which are managed predominantly by the
Bureau of Land Management were returned to Federal ownership in
1916 and 1919 and now comprise approximately 2,600,000 acres of
Federal lands.
(3) Congress recognized that, by its decision to secure
these lands in Federal ownership, the counties in which these
lands are situated would be deprived of revenues they would
otherwise receive if the lands were held in private ownership.
(4) Even without such revenues, these same counties have
expended public funds year after year to provide services, such
as education, road construction and maintenance, search and
rescue, law enforcement, waste removal, and fire protection,
that directly benefit these Federal lands and people who use
these lands.
(5) To accord a measure of compensation to the affected
counties for their loss of future revenues and for the critical
services they provide to both county residents and visitors to
these Federal lands, Congress determined that the Federal
Government should share with these counties a portion of the
revenues the United States receives from these Federal lands.
(6) Congress enacted in 1908 and subsequently amended a law
that requires that 25 percent of the revenues derived from
National Forest System lands be paid to States for use by the
counties in which the lands are situated for the benefit of
public schools and roads.
(7) Congress enacted in 1937 and subsequently amended a law
that requires that 50 percent of the revenues derived from the
revested and reconveyed grant lands be paid to the counties in
which those lands are situated to be used as are other county
funds.
(8) For several decades during the dramatic growth of the
American economy, counties dependent on and supportive of these
Federal lands received and relied on increasing shares of these
revenues to provide educational opportunities for the children
of residents of these counties.
(9) In recent years, the principal source of these
revenues, Federal timber sales, has been sharply curtailed and,
as the volume of timber sold annually from most of the Federal
lands has decreased precipitously, so too have the revenues
shared with the affected counties.
(10) This decline in shared revenues has severely impacted
or crippled educational funding in, and the quality of
education provided by, the affected counties.
(11) In the Omnibus Budget Reconciliation Act of 1993,
Congress recognized this trend and ameliorated its adverse
consequences by providing an alternative annual safety net
payment to 72 counties in Oregon, Washington, and northern
California in which Federal timber sales had been restricted or
prohibited by administrative and judicial decisions to protect
the northern spotted owl.
(12) The authority for these particular safety net payments
is expiring and no comparable authority has been granted for
alternative payments to counties elsewhere in the United States
that have suffered similar losses in shared revenues from the
Federal lands and in the educational funding those revenues
provide.
(13) Although alternative payments are not an adequate
substitute for the revenues, wages, purchasing of local goods
and services, and social opportunities that are generated when
the Federal lands are managed in a manner that encourages
revenue-producing activities, such alternative payments are
critically needed now to stabilize educational funding in the
affected counties.
(14) Changes in Federal land management, in addition to
having curtailed timber sales, have altered the historic,
cooperative relationship between counties and the Forest
Service and the Bureau of Land Management.
(15) Both the Forest Service and the Bureau of Land
Management face significant backlogs in infrastructure
maintenance and ecosystem restoration that are not likely to be
addressed through annual appropriations.
(16) New relationships between the counties in which these
Federal lands are located and the managers of these Federal
lands need to be formed to benefit both the natural resources
and rural communities of the United States as the 21st century
begins.
(b) Purposes.--The purposes of this Act are--
(1) to provide Federal funds to county governments that are
dependent on and supportive of the Federal lands so as to
assist such counties in restoring funding for education and
other public services that the counties must provide to county
residents and visitors;
(2) to provide these funds on a temporary basis in a form
that is environmentally sound and consistent with applicable
resource management plans;
(3) to facilitate the development, by the Federal
Government and the counties which benefit from the shared
revenues from the Federal lands, of a new cooperative
relationship in Federal land management and the development of
local consensus in implementing applicable plans for the
Federal lands;
(4) to identify and implement projects on the Federal lands
that enjoy broad-based local support; and
(5) to make additional investments in infrastructure
maintenance and ecosystem restoration on Federal lands.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal lands.--The term ``Federal lands'' means--
(A) lands within the National Forest System, as
defined in section 11(a) of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a)); and
(B) the Oregon and California Railroad grant lands
revested in the United States by the Act of June 9,
1916 (chapter 137; 39 Stat. 218), Coos Bay Wagon Road
grant lands reconveyed to the United States by the Act
of February 26, 1919 (chapter 47; 40 Stat. 1179), and
subsequent additions to such lands.
(2) Eligibility period.--The term ``eligibility period''
means fiscal year 1984 through fiscal year 1999.
(3) Eligible county.--The term ``eligible county'' means a
county or borough that received 50-percent payments for one or
more fiscal years of the eligibility period or a county or
borough that received a portion of an eligible State's 25-
percent payments for one or more fiscal years of the
eligibility period. The term includes a county or borough
established after the date of the enactment of this Act so long
as the county or borough includes all or a portion of a county
or borough described in the preceding sentence.
(4) Eligible state.--The term ``eligible State'' means a
State that received 25-percent payments for one or more fiscal
years of the eligibility period.
(5) Full payment amount.--The term ``full payment amount''
means the amount calculated for each eligible State and
eligible county under section 101.
(6) 25-percent payments.--The term ``25-percent payments''
means the payments to States required by the sixth paragraph
under the heading of ``FOREST SERVICE'' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
(7) 50-percent payments.--The term ``50-percent payments''
means the payments that are the sum of the 50-percent share
otherwise paid to a county pursuant to title II of the Act of
August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),
and the payment made to a county pursuant to the Act of May 24,
1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et seq.).
(8) Safety net payments.--The term ``safety net payments''
means the payments to States and counties required by section
13982 or 13983 of the Omnibus Budget Reconciliation Act of 1993
(Public Law 103-66; 16 U.S.C. 500 note; 43 U.S.C. 1181f note).
TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL
LANDS
SEC. 101. DETERMINATION OF FULL PAYMENT AMOUNT FOR ELIGIBLE STATES AND
COUNTIES.
(a) Calculation Required.--
(1) Eligible states.--The Secretary of the Treasury shall
calculate for each eligible State an amount equal to the
average of the three highest 25-percent payments and safety net
payments made to that eligible State for fiscal years of the
eligibility period.
(2) BLM Counties.--The Secretary of the Treasury shall
calculate for each eligible county that received a 50-percent
payment during the eligibility period an amount equal to the
average of the three highest 50-percent payments and safety net
payments made to that eligible county for fiscal years of the
eligibility period.
(b) Annual Adjustment.--For each fiscal year in which payments are
required to be made to eligible States and eligible counties under this
title, the Secretary of the Treasury shall adjust the full payment
amount in effect for the previous fiscal year for each eligible State
and eligible county to reflect changes in the consumer price index for
rural areas (as published in the Bureau of Labor Statistics) that occur
after publication of that index for fiscal year 1999.
SEC. 102. PAYMENTS TO STATES FROM FOREST SERVICE LANDS FOR USE BY
COUNTIES TO BENEFIT PUBLIC EDUCATION AND TRANSPORTATION.
(a) Requirement for Payments to Eligible States.--The Secretary of
the Treasury shall make to each eligible State a payment in accordance
with subsection (b) for each of fiscal years 2000 through 2006. The
payment for a fiscal year shall be made as soon as practicable after
the end of that fiscal year.
(b) Payment Amounts.--The payment to an eligible State under
subsection (a) for a fiscal year shall consist of the following:
(1) The 25-percent payments and safety net payments under
section 13982 of the Omnibus Budget Reconciliation Act of 1993
(Public Law 103-66; 16 U.S.C. 500 note) applicable to that
State for that fiscal year.
(2) If the amount under paragraph (1) is less than the full
payment amount in effect for that State for that fiscal year,
such additional funds as may be appropriated to provide a total
payment not to exceed the full payment amount, but only to the
extent such additional funds are provided in advance as
discretionary appropriations included in appropriation Acts.
(c) Distribution and Expenditure of Payments.--
(1) Distribution method.--An eligible State that receives a
payment under subsection (a) shall distribute the payment among
all eligible counties in the State, with each eligible county
receiving the same percentage of that payment as the percentage
of the State's total 25-percent payments and safety net
payments under section 13982 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500
note) that were distributed to that county for fiscal years of
the eligibility period.
(2) Expenditure purposes.--Subject to subsection (d),
payments received by eligible States under subsection (a) and
distributed to eligible counties shall be expended in the same
manner in which 25-percent payments are required to be
expended.
(d) Expenditure Rules for Eligible Counties.--
(1) General rule.--In the case of an eligible county to
which $100,000 or more is distributed in a fiscal year pursuant
to subsection (c)--
(A) 80 percent of the funds distributed to the
eligible county shall be expended in the same manner in
which the 25-percent payments are required to be
expended; and
(B) 20 percent of the funds distributed to the
eligible county shall be reserved and expended by the
eligible county in accordance with title II.
(2) Counties with minor distributions.--In the case of each
eligible county to which less than $100,000 is distributed for
fiscal year 2000 pursuant to subsection (c), the eligible
county shall make an election whether or not to be subject to
the requirements of paragraph (1) for that fiscal year and all
subsequent fiscal years for which payments are made under
subsection (a). The county shall notify the Secretary of
Agriculture of its election under this subsection not later
than 60 days after the county receives its distribution for
fiscal year 2000.
SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU OF LAND MANAGEMENT LANDS FOR
USE TO BENEFIT PUBLIC SAFETY, LAW ENFORCEMENT, EDUCATION,
AND OTHER PUBLIC PURPOSES.
(a) Requirement for Payments to Eligible Counties.--The Secretary
of the Treasury shall make to each eligible county that received a 50-
percent payment during the eligibility period a payment in accordance
with subsection (b) for each of fiscal years 2000 through 2006. The
payment for a fiscal year shall be made as soon as practicable after
the end of that fiscal year.
(b) Payment Amounts.--The payment to an eligible county under
subsection (a) for a fiscal year shall consist of the following:
(1) The 50-percent payments and safety net payments under
section 13983 of the Omnibus Budget Reconciliation Act of 1993
(Public Law 103-66; 43 U.S.C. 1181f note) applicable to that
county for that fiscal year.
(2) If the amount under paragraph (1) is less than the full
payment amount in effect for that county for that fiscal year,
such additional funds as may be appropriated to provide a total
payment not to exceed the full payment amount, but only to the
extent such additional funds are provided in advance as
discretionary appropriations included in appropriation Acts.
(c) Expenditure of Payments.--Subject to subsection (d), payments
received by eligible counties under subsection (a) shall be expended in
the same manner in which 50-percent payments are required to be
expended.
(d) Expenditure Rules for Eligible Counties.--In the case of an
eligible county to which a payment is made in a fiscal year pursuant to
subsection (a)--
(1) 80 percent of the payment to the eligible county shall
be expended in the same manner in which the 50-percent payments
are required to be expended; and
(2) 20 percent of the payment to the eligible county shall
be reserved and expended by the eligible county in accordance
with title II.
TITLE II--LOCALLY INITIATED PROJECTS ON FEDERAL LANDS
SEC. 201. DEFINITIONS.
In this title:
(1) Participating county.--The term ``participating
county'' means an eligible county that--
(A) receives Federal funds pursuant to section 102
or 103; and
(B) is required to expend a portion of those funds
in the manner provided in section 102(d)(1)(B) or
103(d)(2) or elects under section 102(d)(2) to expend a
portion of those funds in accordance with section
102(d)(1)(B).
(2) Project funds.--The term ``project funds'' means all
funds reserved by an eligible county under section 102(d)(1)(B)
or 103(d)(2) for expenditure in accordance with this title and
all funds that an eligible county elects under section
102(d)(2) to reserve under section 102(d)(1)(B).
(3) Local advisory committee.--The term ``local advisory
committee'' means an advisory committee established by the
Secretary concerned under section 205.
(4) Resource management plan.--The term ``resource
management plan'' means a land use plan prepared by the Bureau
of Land Management for units of the Federal lands described in
section 3(1)(B) pursuant to section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712) and land and
resource management plans prepared by the Forest Service for
units of the National Forest System pursuant to section 6 of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604).
(5) Secretary concerned.--The term ``Secretary concerned''
means the Secretary of the Interior with respect to the Federal
lands described in section 3(1)(B) and the Secretary of
Agriculture with respect to the Federal lands described in
section 3(1)(A).
(6) Special account.--The term ``special account'' means an
account in the Treasury established under section 208(c) for
each region of the Forest Service, and for the Bureau of Land
Management.
SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.
Project funds shall be expended solely on projects that meet the
requirements of this title and are conducted on the Federal lands.
SEC. 203. SUBMISSION OF PROJECT PROPOSALS BY PARTICIPATING COUNTIES.
(a) Submission of Project Proposals to Secretary Concerned.--
(1) Projects funded using project funds.--Not later than
September 30, 2001, and each September 30 thereafter through
2009, each participating county shall submit to the Secretary
concerned a description of any projects that the county
proposes the Secretary undertake using any project funds
reserved by the county during the three-fiscal year period
consisting of the fiscal year in which the submission is made
and the preceding two fiscal years. A participating county does
not have to submit all of its project proposals for a year at
the same time.
(2) Projects funded using special accounts.--Until
September 30, 2007, a participating county may also submit to
the Secretary concerned a description of any projects that the
county proposes the Secretary undertake using amounts in a
special account in lieu of or in addition to the county's
project funds.
(3) Joint projects.--Participating counties may pool their
project funds and jointly propose a project or group of
projects to the Secretary concerned under paragraph (1).
Participating counties may also jointly propose a project or
group of projects to the Secretary concerned under paragraph
(2).
(b) Required Description of Projects.--In submitting proposed
projects to the Secretary concerned under subsection (a), a
participating county shall include in the description of each proposed
project the following information:
(1) The purpose of the project.
(2) An estimation of the amount of any timber, forage, and
other commodities anticipated to be harvested or generated as
part of the project.
(3) The anticipated duration of the project.
(4) The anticipated cost of the project.
(5) The proposed source of funding for the project, whether
project funds, funds from the appropriate special account, or
both.
(6) The anticipated revenue, if any, to be generated by the
project.
(c) Role of Local Advisory Committee.--A participating county may
propose a project to the Secretary concerned under subsection (a) only
if the project has been reviewed and approved by the relevant local
advisory committee in accordance with the requirements of section 205,
including the procedures issued under subsection (d) of such section.
(d) Authorized Projects.--
(1) In general.--Projects proposed under subsection (a)
shall consist of any type of project or activity that the
Secretary concerned may otherwise carry out on the Federal
lands.
(2) Search, rescue, and emergency services.--
Notwithstanding paragraph (1), a participating county may
submit as a proposed project under subsection (a) a proposal
that the county receive reimbursement for search and rescue and
other emergency services performed on Federal lands and paid
for by the county. The source of funding for an approved
project of this type may only be the special account for the
region in which the county is located or, in the case of a
county that receives 50-percent payments, the special account
for the Bureau of Land Management.
(3) Community service work camps.--Notwithstanding
paragraph (1), a participating county may submit as a proposed
project under subsection (a) a proposal that the county receive
reimbursement for all or part of the costs incurred by the
county to pay the salaries and benefits of county employees who
supervise adults or juveniles performing mandatory community
service on Federal lands.
SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY CONCERNED.
(a) Conditions For Approval of Proposed Project.--The Secretary
concerned may make a decision to approve a project submitted by a
participating county under section 203 only if the proposed project
satisfies each of the following conditions:
(1) The project complies with all Federal laws and all
Federal rules, regulations, and policies.
(2) The project is consistent with the applicable resource
management plan and with any watershed or subsequent plan
developed pursuant to the resource management plan and approved
by the Secretary concerned.
(3) The project has been approved by the relevant local
advisory committee in accordance with section 205, including
the procedures issued under subsection (d) of such section.
(4) The project has been described by the participating
county in accordance with section 203(b).
(b) Environmental Reviews.--
(1) Review required.--Before making a decision to approve a
proposed project under subsection (a), the Secretary concerned
shall complete any environmental review required by the
National Environmental Policy Act of 1969 (42 U.S.C. 321 et
seq.) in connection with the project and any consultation and
biological assessment required by the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) in connection with the project.
(2) Treatment of review.--Decisions of the Secretary
concerned related to an environmental review or consultation
conducted under paragraph (1) shall not be subject to
administrative appeal or judicial review unless and until the
Secretary approves the project under subsection (a) for which
the review or consultation was conducted.
(3) Payment of review costs.--
(A) Request for payment by county.--The Secretary
concerned may request the participating county or
counties submitting a proposed project to use project
funds to pay for any environmental review or
consultation required under paragraph (1) in connection
with the project. When such a payment is requested, the
Secretary concerned shall not begin the environmental
review or consultation until and unless the payment is
received.
(B) Effect of refusal to pay.--If a participating
county refuses to make the requested payment under
subparagraph (A) in connection with a proposed project,
the participating county shall withdraw the submission
of the project from further consideration by the
Secretary concerned. Such a withdrawal shall be deemed
to be a rejection of the project for purposes of
section 207(d).
(c) Time Periods for Consideration of Projects.--
(1) Projects requiring environmental review.--If the
Secretary concerned determines that an environmental review or
consultation is required for a proposed project pursuant to
subsection (b), the Secretary concerned shall make a decision
under subsection (a) to approve or reject the project, to the
extent practicable, within 30 days after the completion of the
last of the required environmental reviews and consultations.
(2) Other projects.--If the Secretary concerned determines
that an environmental review or consultation is not required
for a proposed project, the Secretary shall make a decision
under subsection (a) to approve or reject the project, to the
extent practicable, within 60 days after the date of that
determination.
(d) Decisions of Secretary Concerned.--
(1) Rejection of projects.--A decision by the Secretary
concerned to reject a proposed project shall be at the
Secretary's sole discretion. Within 30 days after making the
rejection decision, the Secretary concerned shall notify in
writing the participating county that submitted the proposed
project of the rejection and the reasons therefor.
(2) Notice of project approval.--The Secretary concerned
shall publish in the Federal Register notice of each project
approved under subsection (a) if such notice would be required
had the project originated with the Secretary.
(3) Project approval as final agency action.--A decision by
the Secretary concerned to approve a project under subsection
(a) shall be considered a final agency action under the
Administrative Procedures Act.
(e) Source and Conduct of Project.--For purposes of Federal law, a
project approved by the Secretary concerned under this section shall be
considered to have originated with the Secretary.
(f) Implementation of Approved Projects.--
(1) Responsibility of secretary.--The Secretary concerned
shall be responsible for carrying out projects approved by the
Secretary under this section. The Secretary concerned shall
carry out the projects in compliance with all Federal laws
(including the Act of March 3, 1931, commonly known as the
Davis-Bacon Act) and all Federal rules, regulations, and
policies and in the same manner as projects of the same kind
that originate with the Secretary.
(2) Cooperation.--The Secretary concerned may enter into
contracts and cooperative agreements with States and local
governments, private and nonprofit entities, and landowners and
other persons to assist the Secretary in carrying out an
approved project.
(3) Best value stewardship contracting.--Subject to
paragraph (1), to enter into a contract authorized by paragraph
(2), the Secretary concerned may use a contracting method that
secures, for the best price, the best quality service, as
determined by the Secretary based upon the following:
(A) The technical demands and complexity of the
work to be done.
(B) The ecological sensitivity of the resources
being treated.
(C) The past experience by the contractor with the
type of work being done, using the type of equipment
proposed for the project, and meeting or exceeding
desired ecological conditions.
(D) The use by the contractor of low value species
and byproducts.
(E) The commitment of the contractor to hiring
highly qualified workers and local residents.
(g) Time For Commencement.--
(1) Projects funded using project funds.--If an approved
project is to be funded in whole or in part using project funds
to be provided by a participating county or counties, the
Secretary concerned shall commence the project as soon as
practicable after the receipt of the project funds pursuant to
section 206 from the county.
(2) Projects funded using special accounts.--If an approved
project is to be funded using amounts from a special account in
lieu of any project funds, the Secretary concerned shall
commence the project as soon as practicable after the approval
decision is made.
SEC. 205. LOCAL ADVISORY COMMITTEES.
(a) Establishment and Purpose of Local Advisory Committees.--
(1) Establishment.--Except as provided in paragraph (2),
the Secretary concerned shall establish and maintain, for each
unit of Federal lands, a local advisory committee to review
projects proposed by participating counties and to recommend
projects to participating counties.
(2) Combination or division of units.--The Secretary
concerned may, at the Secretary's sole discretion, combine or
divide units of Federal lands for the purpose of establishing
local advisory committees.
(b) Appointment by the Secretary.--
(1) Appointment and term.--The Secretary concerned shall
appoint the members of local advisory committees for a term of
2 years beginning on the date of appointment. The Secretary
concerned may reappoint members to subsequent 2-year terms.
(2) Basic requirements.--The Secretary concerned shall
ensure that each local advisory committee established by the
Secretary meets the requirements of subsection (c).
(3) Initial appointment.--The Secretary concerned shall
make initial appointments to the local advisory committees not
later than 120 days after the date of the enactment of this
Act.
(4) Vacancies.--The Secretary concerned shall make
appointments to fill vacancies on any local advisory committee
as soon as practicable after the vacancy has occurred.
(5) Compensation.--Members of the local advisory committees
shall not receive any compensation.
(c) Composition of Advisory Committee.--
(1) Number.--Each local advisory committee shall be
comprised of 15 members.
(2) Community interests represented.--Each local advisory
committee shall have at least one member representing each of
the following:
(A) Local resource users.
(B) Environmental interests.
(C) Forest workers.
(D) Organized labor representatives.
(E) Elected county officials.
(F) School officials or teachers.
(3) Geographic distribution.--To the extent practicable,
the members of a local advisory committee shall be drawn from
throughout the area covered by the committee.
(4) Chairperson.--A majority on each local advisory
committee shall select the chairperson of the committee.
(d) Approval Procedures.--
(1) Issuance.--Not later than 90 days after the date of the
enactment of this Act, the Secretaries concerned shall jointly
issue the approval procedures that each local advisory
committee must use in order to ensure that a local advisory
committee only approves projects that are broadly supported by
the committee. The Secretaries shall publish the procedures in
the Federal Register.
(2) Treatment of procedures.--The issuance and content of
the procedures issued under paragraph (1) shall not be subject
to administrative appeal or judicial review. Nothing in this
paragraph shall affect the responsibility of local advisory
committees to comply with the procedures.
(e) Other Committee Authorities and Requirements.--
(1) Staff assistance.--A local advisory committee may
submit to the Secretary concerned a request for staff
assistance from Federal employees under the jurisdiction of the
Secretary.
(2) Meetings.--All meetings of a local advisory committee
shall be announced at least one week in advance in a local
newspaper of record and shall be open to the public.
(3) Records.--A local advisory committee shall maintain
records of the meetings of the committee and make the records
available for public inspection.
(f) Federal Advisory Committee Act Exemption.--The local advisory
committees shall be exempt from the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 206. USE OF PROJECT FUNDS.
(a) Agreement Regarding Schedule and Cost of Project.--
(1) Agreement between parties.--As soon as practicable
after the approval of a project by the Secretary concerned
under section 204, the Secretary concerned and the chief
administrative official of the participating county (or one
such official representing a group of participating counties)
shall enter into an agreement addressing, at a minimum, the
following with respect to the project:
(A) The schedule for completing the project.
(B) The total cost of the project, including the
level of agency overhead to be assessed against the
project.
(C) For a multi-year project, the estimated cost of
the project for each of the fiscal years in which it
will be carried out.
(D) The remedies for the participating county or
counties for the failure of the Secretary concerned to
comply with the terms of the agreement.
(2) Limited use of federal funds.--The Secretary concerned
may decide, at the Secretary's sole discretion, to cover the
costs of a portion of an approved project using Federal funds
appropriated or otherwise available to the Secretary for the
same purposes as the project.
(b) Transfer of Project Funds.--
(1) Initial transfer required.--As soon as practicable
after the agreement is reached under subsection (a) with regard
to a project to be funded in whole or in part using project
funds, the participating county or counties that are parties to
the agreement shall transfer to the Secretary concerned an
amount of project funds equal to--
(A) in the case of a project to be completed in a
single fiscal year, the total amount specified in the
agreement to be paid by the county or counties; or
(B) in the case of a multi-year project, the amount
specified in the agreement to be paid by the county or
counties for the first fiscal year.
(2) Condition on project commencement.--The Secretary
concerned shall not commence a project pursuant to section
204(g)(1) until the project funds required to be transferred
under paragraph (1) for the project have been received by the
Secretary.
(3) Subsequent transfers for multi-year projects.--For the
second and subsequent fiscal years of a multi-year project to
be funded in whole or in part using project funds, the
participating county or counties shall transfer to the
Secretary concerned the amount of project funds required to
continue the project in that fiscal year according to the
agreement entered into under subsection (a). The Secretary
concerned shall suspend work on the project if the county fails
to transfer the required amounts as required by the agreement.
(4) Special rule for work camp projects.--In the case of a
project described in section 203(d)(3) and approved under
section 204, the agreement required by subsection (a) shall
specify the manner in which a participating county that is a
party to the agreement may retain project funds to cover the
costs of the project.
(c) Availability of Transferred Funds.--Project funds transferred
to the Secretary concerned under this section shall remain available
until the project is completed.
SEC. 207. DURATION OF AVAILABILITY OF A COUNTY'S PROJECT FUNDS.
(a) Submission of Proposed Projects to Obligate Funds.--By the end
of each of the fiscal years 2003 through 2009, a participating county
shall submit to the Secretary concerned pursuant to section 203(a)(1) a
sufficient number of project proposals that, if approved, would result
in the obligation of at least the full amount of the project funds the
county received under title I in the second preceding fiscal year.
(b) Transfer of Unobligated Funds.--If a participating county fails
to comply with subsection (a) for a fiscal year, any project funds that
the county received in the second preceding fiscal year and remaining
unobligated shall be returned to the Secretary of the Treasury for
disposition as provided in subsection (c).
(c) Disposition of Returned Funds.--
(1) Deposit in special accounts.--In the case of project
funds returned under subsection (b) in fiscal year 2004, 2005,
or 2006, the Secretary of the Treasury shall deposit the funds
in the appropriate special account.
(2) Deposit in general fund.--After fiscal year 2006, the
Secretary of the Treasury shall deposit returned project funds
in the general fund of the Treasury.
(d) Effect of Rejection of Projects.--Notwithstanding subsection
(b), any project funds of a participating county that are unobligated
at the end of a fiscal year because the Secretary concerned has
rejected one or more proposed projects shall be available for the
county to expend in the same manner as the funds reserved by the county
under section 102(d)(1)(A) or 103(d)(1), whichever applies to the funds
involved. The project funds covered by this subsection shall remain
available until expended.
(e) Effect of Court Orders.--
(1) Projects funded using project funds.--If an approved
project is enjoined or prohibited by a Federal court after
funds for the project are transferred to the Secretary
concerned under section 206, the Secretary concerned shall
return any unobligated project funds related to that project to
the participating county or counties that transferred the
funds. The returned funds shall be available for the county to
expend in the same manner as the funds reserved by the county
under section 102(d)(1)(A) or 103(d)(1), whichever applies to
the funds involved. The funds shall remain available until
expended and shall be exempt from the requirements of
subsection (b).
(2) Projects funded using special accounts.--If an approved
project is enjoined or prohibited by a Federal court after
funds from a special account have been reserved for the project
under section 208, the Secretary concerned shall treat the
funds in the same manner as revenues described in section
208(a).
SEC. 208. TREATMENT OF FUNDS GENERATED BY LOCALLY INITIATED PROJECTS.
(a) Payment to Secretary.--Any and all revenues generated from a
project carried out in whole or in part using project funds or funds
from a special account shall be paid to the Secretary concerned.
(b) Deposit.--Notwithstanding any other provision of law, the
Secretary concerned shall deposit the revenues described in subsection
(a) as follows:
(1) Through fiscal year 2006, the revenues shall be
deposited in the appropriate special account as provided in
subsection (c).
(2) After fiscal year 2006, the revenues shall be deposited
in the general fund of the Treasury.
(c) Regional and BLM Special Accounts.--
(1) Establishment.--There is established in the Treasury an
account for each region of the Forest Service and an account
for the Bureau of Land Management. The accounts shall consist
of the following:
(A) Revenues described in subsection (a) and
deposited pursuant to subsection (b)(1).
(B) Project funds deposited pursuant to section
207(c)(1).
(C) Interest earned on amounts in the special
accounts.
(2) Required deposit in forest service accounts.--If the
revenue-generating project was carried out in whole or in part
using project funds that were reserved pursuant to section
102(d)(1)(B), the revenues shall be deposited in the account
established under paragraph (1) for the Forest Service region
in which the project was conducted.
(3) Required deposit in blm account.--If the revenue-
generating project was carried out in whole or in part using
project funds that were reserved pursuant to section 103(d)(2),
the revenues shall be deposited in the account established
under paragraph (1) for the Bureau of Land Management.
(4) Projects conducted using special account funds.--If the
revenue-generating project was carried out using amounts from a
special account in lieu of any project funds, the revenues
shall be deposited in the special account from which the
amounts were derived.
(d) Use of Accounts to Conduct Projects.--
(1) Authority to use accounts.--The Secretary concerned may
use amounts in the special accounts, without appropriation, to
fund projects submitted by participating counties under section
203(a)(2) that have been approved by the Secretary concerned
under section 204.
(2) Source of funds; project locations.--Funds in a special
account established under subsection (c)(1) for a region of the
Forest Service region may be expended only for projects
approved under section 204 to be conducted in that region.
Funds in the special account established under subsection
(c)(1) for the Bureau of Land Management may be expended only
for projects approved under section 204 to be conducted on
Federal lands described in section 3(1)(B).
(3) Duration of authority.--No funds may be obligated under
this subsection after September 30, 2007. Unobligated amounts
in the special accounts after that date shall be promptly
transferred to the general fund of the Treasury.
TITLE III--FOREST COUNTIES PAYMENTS COMMITTEE
SEC. 301. DEFINITIONS.
In this title:
(1) Advisory committee.--The term ``Advisory Committee''
means the Forest Counties Payments Committee established by
section 302.
(2) House committees of jurisdiction.--The term ``House
committees of jurisdiction'' means the Committee on
Agriculture, the Committee on Resources, and the Committee on
Appropriations of the House of Representatives.
(3) Senate committees of jurisdiction.--The term ``Senate
committees of jurisdiction'' means the Committee on
Agriculture, Nutrition, and Forestry, the Committee on Energy
and Natural Resources, and the Committee on Appropriations of
the Senate.
(4) Sustainable forestry.--The term ``sustainable
forestry'' means principles of sustainable forest management
that equally consider ecological, economic, and social factors
in the management of Federal lands.
SEC. 302. NATIONAL ADVISORY COMMITTEE TO DEVELOP LONG-TERM METHODS TO
MEET STATUTORY OBLIGATION OF FEDERAL LANDS TO CONTRIBUTE
TO PUBLIC EDUCATION AND OTHER PUBLIC SERVICES.
(a) Establishment of Forest Counties Payments Committee.--There is
hereby established an advisory committee, to be known as the Forest
Counties Payments Committee, to develop recommendations, consistent
with sustainable forestry, regarding methods to ensure that States and
counties in which Federal lands are situated receive adequate Federal
payments to be used for the benefit of public education and other
public purposes.
(b) Members.--The Advisory Committee shall be composed of the
following members:
(1) The Chief of the Forest Service, or a designee of the
Chief who has significant expertise in sustainable forestry.
(2) The Director of the Bureau of Land Management, or a
designee of the Director who has significant expertise in
sustainable forestry
(3) The Director of the Office of Management and Budget, or
the Director's designee.
(4) Two members who are elected members of the governing
branches of eligible counties; one such member to be appointed
by the President pro tempore of the Senate (in consultation
with the chairmen and ranking members of the Senate committees
of jurisdiction) and one such member to be appointed by the
Speaker of the House of Representatives (in consultation with
the chairmen and ranking members of the House committees of
jurisdiction) within 60 days of the date of the enactment of
this Act.
(5) Two members who are elected members of school boards
for, superintendents from, or teachers employed by, school
districts in eligible counties; one such member to be appointed
by the President pro tempore of the Senate (in consultation
with the chairmen and ranking members of the Senate committees
of jurisdiction) and one such member to be appointed by the
Speaker of the House of Representatives (in consultation with
the chairmen and ranking members of the House committees of
jurisdiction) within 60 days of the date of the enactment of
this Act.
(c) Geographic Representation.--In making appointments under
paragraphs (4) and (5) of subsection (b), the President pro tempore of
the Senate and the Speaker of the House of Representatives shall seek
to ensure that the Advisory Committee members are selected from
geographically diverse locations.
(d) Organization of Advisory Committee.--
(1) Chairperson.--The Chairperson of the Advisory Committee
shall be selected from among the members appointed pursuant to
paragraphs (4) and (5) of subsection (b).
(2) Vacancies.--Any vacancy in the membership of the
Advisory Committee shall be filled in the same manner as
required by subsection (b). A vacancy shall not impair the
authority of the remaining members to perform the functions of
the Advisory Committee under section 303.
(3) Compensation.--The members of the Advisory Committee
who are not officers or employees of the United States, while
attending meetings or other events held by the Advisory
Committee or at which the members serve as representatives of
the Advisory Committee or while otherwise serving at the
request of the Chairperson, shall each be entitled to receive
compensation at a rate not in excess of the maximum rate of pay
for grade GS-18, as provided in the General Schedule under
section 5532 of title 5, United States Code, including
traveltime, and while away from their homes or regular places
of business shall each be reimbursed for travel expenses,
including per diem in lieu of subsistence as authorized by
section 5703 of title 5, United States Code, for persons in
Government service employed intermittently.
(e) Staff and Rules.--
(1) Executive director.--The Advisory Committee shall have
an Executive Director, who shall be appointed (without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service) by the Advisory
Committee and serve at the pleasure of the Advisory Committee.
The Executive Director shall report to the Advisory Committee
and assume such duties as the Advisory Committee may assign.
The Executive Director shall be paid at a rate not in excess of
pay for grade GS-18, as provided in the General Schedule under
5332 of title 5, United States Code.
(2) Other staff.--In addition to authority to appoint
personnel subject to the provisions of title 5, United States
Code, governing appointments to the competitive service, and to
pay such personnel in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, the Advisory
Committee shall have authority to enter into contracts with
private or public organizations which may furnish the Advisory
Committee with such administrative and technical personnel as
may be necessary to carry out the functions of the Advisory
Committee under section 303. To the extent practicable, such
administrative and technical personnel, and other necessary
support services, shall be provided for the Advisory Committee
by the Chief of the Forest Service and the Director of the
Bureau of Land Management.
(3) Committee rules.--The Advisory Committee may establish
such procedural and administrative rules as are necessary for
the performance of its functions under section 303.
(f) Federal Agency Cooperation.--The heads of the departments,
agencies, and instrumentalities of the executive branch of the Federal
Government shall cooperate with the Advisory Committee in the
performance of its functions under subsection (c) and shall furnish to
the Advisory Committee information which the Advisory Committee deems
necessary to carry out such functions.
SEC. 303. FUNCTIONS OF ADVISORY COMMITTEE.
(a) Development of Recommendations.--
(1) In general.--The Advisory Committee shall develop
recommendations for policy or legislative initiatives (or both)
regarding alternatives for, or substitutes to, the short-term
payments required by title I in order to provide a long-term
method to generate annual payments to eligible States and
eligible counties at or above the full payment amount.
(2) Reporting requirements.--Not later than 18 months after
the date of the enactment of this Act, the Advisory Committee
shall submit to the Senate committees of jurisdiction and the
House committees of jurisdiction a final report containing the
recommendations developed under this subsection. The Advisory
Committee shall submit semiannual progress reports on its
activities and expenditures to the Senate committees of
jurisdiction and the House committees of jurisdiction until the
final report has been submitted.
(b) Guidance for Committee.--In developing the recommendations
required by subsection (a), the Advisory Committee shall--
(1) evaluate the method by which payments are made to
eligible States and eligible counties under title I and the use
of such payments;
(2) evaluate the effectiveness of the local advisory
committees established pursuant to section 205; and
(3) consider the impact on eligible States and eligible
counties of revenues derived from the historic multiple use of
the Federal lands.
(c) Monitoring and Related Reporting Activities.--The Advisory
Committee shall monitor the payments made to eligible States and
eligible counties pursuant to title I and submit to the Senate
committees of jurisdiction and the House committees of jurisdiction an
annual report describing the amounts and sources of such payments and
containing such comments as the Advisory Committee may have regarding
such payments.
(d) Testimony.--The Advisory Committee shall make itself available
for testimony or comments on the reports required to be submitted by
the Advisory Committee and on any legislation or regulations to
implement any recommendations made in such reports in any congressional
hearings or any rulemaking or other administrative decision process.
SEC. 304. FEDERAL ADVISORY COMMITTEE ACT REQUIREMENTS.
Except as may be provided in this title, the provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Advisory Committee.
SEC. 305. TERMINATION OF ADVISORY COMMITTEE.
The Advisory Committee shall terminate 3 years after the date of
the enactment of this Act.
SEC. 306. SENSE OF THE CONGRESS REGARDING ADVISORY COMMITTEE
RECOMMENDATIONS.
It is the sense of the Congress that the payments to eligible
States and eligible counties required by title I should be replaced by
a long-term solution to generate payments conforming to the guidance
provided by section 303(b) and that any promulgation of regulations or
enactment of legislation to establish such method should be completed
within 2 years after the date of submission of the final report
required by section 303(a).
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums as are
necessary to carry out this Act.
SEC. 402. TREATMENT OF FUNDS AND REVENUES.
Funds appropriated pursuant to the authorization of appropriations
in section 401, funds transferred to a Secretary concerned under
section 206, and revenues described in section 208(a) shall be in
addition to any other annual appropriations for the Forest Service and
the Bureau of Land Management.
SEC. 403. CONFORMING AMENDMENTS.
Section 6903(a)(1) of title 31, United States Code, is amended--
(1) by redesignating subparagraphs (D) through (J) as
subparagraphs (E) through (K), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the Secure Rural Schools and Community Self-
Determination Act of 1999;''.
Passed the House of Representatives November 3, 1999.
Attest:
Clerk.