[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2389 Referred in Senate (RFS)]

  1st Session
                                H. R. 2389


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 1999

                                Received

                           November 19, 1999

    Read twice and referred to the Committee on Energy and Natural 
                               Resources

_______________________________________________________________________

                                 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:

                                                 JEFF TRANDAHL,

                                                                 Clerk.