[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2389 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2389

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 1999

 Mr. Deal of Georgia (for himself, Mr. Boyd, Ms. Dunn, Mr. Turner, Mr. 
 Peterson of Pennsylvania, and Mr. Thompson of California) introduced 
the following bill; which was referred to the Committee on Agriculture, 
   and in addition to the Committee on Resources, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
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 ``County Schools 
Funding Revitalization 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.
Sec. 4. Determination of full payment amount for eligible States and 
                            counties.
Sec. 5. Forest Service payments to eligible States for affected 
                            counties to use for public education and 
                            transportation.
Sec. 6. Bureau of Land Management payments to eligible counties to use 
                            for the benefit of public safety, law 
                            enforcement, and other public purposes.
Sec. 7. Development of long-term methods to meet statutory obligation 
                            of Federal lands to contribute to public 
                            education and other public services.
Sec. 8. Sense of Congress regarding Advisory Committee recommendations.
Sec. 9. Authorization of appropriations.
Sec. 10. 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 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 securing these lands in 
        Federal ownership, the counties in which these lands were 
        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, 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 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 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 the 
        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 such 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, they are critically needed now to 
        stabilize educational funding in the affected counties.
    (b) Purposes.--The purposes of this Act are--
            (1) to arrest the decline in, and stabilize, the revenues 
        derived from National Forest System lands and revested and 
        reconveyed grant lands that the Federal Government shares with 
        counties in which these Federal lands are situated;
            (2) to assist the local governments that are so dependent 
        on and supportive of the Federal lands to restore the quality 
        of education that they were able to provide to the children of 
        residents of these counties before the recent severe reductions 
        in or curtailments of revenue-producing activities on those 
        lands;
            (3) to provide this temporary relief in a form that will 
        neither encourage the long-term reliance on appropriations, nor 
        discourage the management of the Federal lands in a manner that 
        will generate revenues, to meet the Federal Government's 
        statutory obligations to the counties that contain these lands; 
        and
            (4) to facilitate the development by the Federal Government 
        and the counties and school districts which benefit from the 
        shared Federal land revenues of a long-term method to generate 
        payments to States and counties that would avoid the need to 
        provide further temporary relief.

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) Advisory committee.--The term ``Advisory Committee'' 
        means the Forest Counties Payments Committee established by 
        section ____.
            (3) Eligibility period.--The term ``eligibility period'' 
        means the period beginning on October 1, 1985, and ending on 
        September 30, 1999.
            (4) Eligible county.--The term ``eligible county'' means a 
        county that received one or more 50-percent payments during the 
        eligibility period.
            (5) Eligible state.--The term ``eligible State'' means a 
        State that received one or more 25-percent payments during the 
        eligibility period.
            (6) Full payment amount.--The term ``full payment amount'' 
        means the amount calculated for each eligible State and 
        eligible county under section 4.
            (7) 25-percent payments.--The term ``25-percent payments'' 
        means the payments to States required by the 6th 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).
            (8) 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.).
            (9) Safety net payments.--The term ``safety net payments'' 
        means the payments to States and counties required by sections 
        13982 and 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).

SEC. 4. DETERMINATION OF FULL PAYMENT AMOUNT FOR ELIGIBLE STATES AND 
              COUNTIES.

    (a) Calculation Required.--The Secretary of the Treasury shall 
calculate for each eligible State and eligible county an amount equal 
to the average of the three highest 25-percent payments, 50-percent 
payments, or safety net payments made to that eligible State or 
eligible county during the eligibility period.
    (b) Annual Adjustment.--For the second and each subsequent fiscal 
year in which payments are required to be made to eligible States and 
eligible counties under this Act, 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 urban areas (as published in the Bureau of 
Labor Statistics) that occur after publication of that index for fiscal 
year 1999.

SEC. 5. FOREST SERVICE PAYMENTS TO ELIGIBLE STATES FOR AFFECTED 
              COUNTIES TO USE FOR PUBLIC EDUCATION AND TRANSPORTATION.

    (a) Requirement for Payments to Eligible States.--The Secretary of 
the Treasury shall make a payment to each eligible State in accordance 
with subsection (b) as early as practicable in each of fiscal years 
2000 through 2005.
    (b) Payment Amounts.--Each payment to an eligible State under 
subsection (a) shall consist of the following:
            (1) The amount of the 25-percent payments applicable to 
        that State.
            (2) If the amount under paragraph (1) is less than the full 
        payment amount for that State, such additional funds as are 
        necessary to provide a total payment equal to the full payment 
        amount.
    (c) Expenditure of Payments.--Eligible States shall distribute and 
expend the payments received under subsection (a) in the same manner in 
which the 25-percent payments are required to be distributed and 
expended.
    (d) Source of Additional Payment Amounts.--Funds necessary to make 
the payment required by subsection (b)(2), shall be derived, as 
determined by the Secretary of Agriculture, from any revenues received 
by the United States from activities on the Federal lands described in 
section 3(1)(A), funds appropriated for the Forest Service, or both 
sources, except--
            (1) programs from which the 25-percent payments are derived 
        and funds which, if paid to eligible States, would contribute 
        to a reduction in such revenues; and
            (2) funds from trust or other special accounts established 
        by statute for use by the Forest Service for specified 
        purposes.

SEC. 6. BUREAU OF LAND MANAGEMENT PAYMENTS TO ELIGIBLE COUNTIES TO USE 
              FOR THE BENEFIT OF PUBLIC SAFETY, LAW ENFORCEMENT, AND 
              OTHER PUBLIC PURPOSES.

    (a) Requirement for Payments to Eligible Counties.--The Secretary 
of the Treasury shall make a payment to each eligible county in 
accordance with subsection (b) as early as practicable in each of 
fiscal years 2000 through 2005.
    (b) Payment Amounts.--Each payment to an eligible county under 
subsection (a) shall consist of the following:
            (1) The amount of the 50-percent payments applicable to 
        that county.
            (2) If the amount under paragraph (1) is less than the full 
        payment amount for that county, such additional funds as are 
        necessary to provide a total payment equal to the full payment 
        amount.
    (c) Expenditure of Payments.--Eligible counties shall distribute 
and expend the payments received under subsection (a) in the same 
manner in which the 50-percent payments are required to be distributed 
and expended.
    (d) Source of Additional Payment Amounts.--Funds necessary to make 
the payment required by subsection (b)(2), shall be derived, as 
determined by the Secretary of the Interior, from any revenues received 
by the United States from activities on the Federal lands described in 
section 3(1)(B), funds appropriated for the Bureau of Land Management, 
or both, except--
            (1) programs from which the 50-percent payments are derived 
        and funds, which, if paid to eligible counties, would 
        contribute to a reduction in such revenues; and
            (2) funds from trust or other special accounts established 
        by statute for use by the Bureau of Land Management for 
        specified purposes.

SEC. 7. DEVELOPMENT OF LONG-TERM METHODS TO MEET STATUTORY OBLIGATION 
              OF FEDERAL LANDS TO CONTRIBUTE TO PUBLIC EDUCATION AND 
              OTHER PUBLIC SERVICES.

    (a) Forest Counties Payments Committee.--There is hereby 
established an advisory committee, to be known as the Forest Counties 
Payments Committee, to develop recommendations 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 the Chief's 
        designee.
            (2) The Director of the Bureau of Land Management, or the 
        Director's designee.
            (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 appointed by the President 
        pro tempore of the Senate and one appointed by the Speaker of 
        the House of Representatives within 60 days of the date of 
        enactment of this Act.
            (5) Two members who are elected members of school boards 
        for, or superintendents from, school districts in eligible 
        counties, one appointed by the President pro tempore of the 
        Senate and 1 appointed by the Speaker of the House of 
        Representatives within 60 days of the date of enactment of this 
        Act.
    (c) Advisory Committee Functions.--
            (1) Development of recommendations.--The Advisory Committee 
        shall develop recommendations for policy or legislative 
        initiatives, or both, to substitute for the short-term payments 
        required by this Act a long-term method to generate annual 
        payments to eligible States and eligible counties at or above 
        the full payment amount. Not later than two years after the 
        date of the enactment of this Act, the Advisory Committee shall 
        submit to the Committee on Agriculture, the Committee on 
        Resources, and the Committee on Appropriations of the House of 
        Representatives and the Committee on Agriculture, Nutrition, 
        and Forestry, the Committee on Energy and Natural Resources, 
        and the Committee on Appropriations of Senate a report 
        containing the recommendations developed under this paragraph.
            (2) Guidance.--In developing the recommendations required 
        by paragraph (1), the Advisory Committee shall--
                    (A) seek to maximize the amount of such payments 
                contributed by revenues collected from the Federal 
                lands, so as to minimize adverse budgetary effects and 
                to generate the additional revenues, wages, purchases 
                of goods and services, and other economic benefits to 
                and for such States and counties; and
                    (B) ensure that the method is in accord with a 
                definition of sustainable forest management in which 
                ecological, economic, and social factors are accorded 
                equal consideration in the management of the Federal 
                lands.
            (3) Monitoring activities.--The Advisory Committee shall 
        monitor the payments made to eligible States and eligible 
        countries pursuant to this Act and submit to the congressional 
        committees specified in paragraph (1) an annual report 
        describing the amounts and sources of such payments and 
        containing such comments as the Advisory Committee may have 
        regarding such payments.
            (4) Testimony.--The Advisory Committee shall make itself 
        available for testimony or comments on the report required by 
        paragraph (1) and its recommendations, and on any legislation 
        or regulations to implement the recommendations, in any 
        congressional hearings or any rulemaking or other 
        administrative decision process.
    (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 
        right of the remaining members to perform the functions 
        authorized by subsection (c).
            (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 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 authorized by 
        subsection (c).
            (3) Committee rules.--The Advisory Committee may establish 
        such procedural and administrative rules as are necessary for 
        the performance of the functions authorized by subsection (c).
    (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.
    (g) Committee Termination.--The Advisory Committee shall terminate 
three years after the date of the enactment of this Act.

SEC. 8. SENSE OF CONGRESS REGARDING ADVISORY COMMITTEE RECOMMENDATIONS.

    It is the sense of Congress that the payments to eligible States 
and eligible counties required by this Act should be replaced by a 
long-term solution to generate payments conforming to the guidance 
provided by section 7(c)(2) and that any promulgation of regulations or 
enactment of legislation to establish such method should be completed 
within two years after the date of submission of the report required by 
section 7(c)(1).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as are 
necessary to carry out this Act.

SEC. 10. CONFORMING AMENDMENTS.

    (a) Repeal of Safety Net Payments.--Sections 13982 and 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) are repealed.
    (b) Payments for Entitlement Land.--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 County Schools Funding Revitalization Act 
                of 1999;''.
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