[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1608 Reported in Senate (RS)]






                                                       Calendar No. 520
106th CONGRESS
  2d Session
                                S. 1608

                          [Report No. 106-275]

  To provide annual payments to the States and counties from National 
  Forest System lands managed by the Forest Service, and the revested 
Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant 
 lands managed predominantly by the Bureau of Land Management, for use 
  by the counties in which the lands are situated for the benefit of 
    public schools, roads, emergency, and other public purposes; to 
 encourage and provide new mechanisms for cooperation between counties 
   and the Forest Service and the Bureau of Land Management to make 
   necessary investments in Federal lands, and reaffirm the positive 
 connection between Federal Lands counties and Federal Lands; and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 1999

Mr. Wyden (for himself, Mr. Craig, Mr. Smith of Oregon, Mr. Crapo, Mr. 
  Johnson, Mr. DeWine, Mrs. Hutchison, and Mr. Burns) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

                             April 25, 2000

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To provide annual payments to the States and counties from National 
  Forest System lands managed by the Forest Service, and the revested 
Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant 
 lands managed predominantly by the Bureau of Land Management, for use 
  by the counties in which the lands are situated for the benefit of 
    public schools, roads, emergency, and other public purposes; to 
 encourage and provide new mechanisms for cooperation between counties 
   and the Forest Service and the Bureau of Land Management to make 
   necessary investments in Federal lands, and reaffirm the positive 
 connection between Federal Lands counties and Federal Lands; and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Secure Rural Schools and 
Community Self-Determination Act of 1999''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--The Congress finds that--</DELETED>
        <DELETED>    (1) the National Forest System, managed by the 
        Forest Service, was established in 1907 and has grown to 
        include 192 million acres of Federal Lands;</DELETED>
        <DELETED>    (2) the revested Oregon and California Railroad 
        and reconveyed Coos Bay Wagon Road grant lands, managed 
        predominantly by the Bureau of Land Management, were returned 
        to Federal ownership in 1916 and 1919, and added to thereafter, 
        and comprise approximately 2.6 million acres of Federal 
        Lands;</DELETED>
        <DELETED>    (3) Congress recognized that, by its decision to 
        secure these lands in Federal ownership, counties in which the 
        lands are situated are denied revenues they would otherwise 
        receive if the lands were sold or transferred into, or the 
        revested and reconveyed grant lands had remained in, private 
        ownership;</DELETED>
        <DELETED>    (4) counties expend public funds to provide 
        education, road construction and maintenance, search and 
        rescue, law enforcement, solid waste, fire protection, and 
        other services based upon an artificially reduced tax 
        base;</DELETED>
        <DELETED>    (5) to provide compensation to the affected 
        counties for their loss of tax revenues used for the critical 
        services they provide to both county citizens and visitors to 
        Federal Lands, Congress determined that the Federal Government 
        should share with those jurisdictions the revenues received 
        from the Federal Lands;</DELETED>
        <DELETED>    (6) Congress enacted in 1908, and subsequently 
        amended, a law that requires 25 percent of the revenues from 
        National Forest lands be paid to States for use by the counties 
        in which those lands are situated for the benefit of public 
        schools and roads;</DELETED>
        <DELETED>    (7) Congress enacted in 1937, and subsequently 
        amended, a law that requires 50 percent of the revenues from 
        the revested and reconveyed grant lands be paid to the counties 
        in which those lands are situated to be used in the same manner 
        as are other county funds;</DELETED>
        <DELETED>    (8) in recent years, 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;</DELETED>
        <DELETED>    (9) this decline in shared revenues has severely 
        curtailed the quality of education in the affected counties, as 
        well as other county services;</DELETED>
        <DELETED>    (10) Congress recognized this trend as it related 
        to protection of the Northern Spotted Owl and moved to 
        ameliorate its adverse consequences when, in 1993, it enacted a 
        law--soon to expire--that provided 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;</DELETED>
        <DELETED>    (11) no comparable authority has ever been granted 
        for alternative payments to counties elsewhere that have 
        suffered similar shared revenue losses resulting from the 
        general decreases in timber harvests on Federal 
        Lands;</DELETED>
        <DELETED>    (12) 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;</DELETED>
        <DELETED>    (13) both the Forest Service and the Bureau of 
        Land Management face significant backlogs in infrastructure 
        maintenance and ecosystem restoration which are not likely to 
        be addressed through annual appropriations; and</DELETED>
        <DELETED>    (14) new relationships between Federal Lands 
        counties and Federal Land managers need to be formed to benefit 
        our natural resources and our rural communities as we enter the 
        21st century.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to assist local governments dependent on 
        Federal Lands to restore funding for education and other public 
        services that the counties must provide to their 
        citizens;</DELETED>
        <DELETED>    (2) to provide this funding in a form that is 
        environmentally sound and consistent with applicable resource 
        management plans;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) to help develop local consensus in 
        implementing applicable plans for the Federal Lands;</DELETED>
        <DELETED>    (5) to identify and implement projects on the 
        Federal Lands that enjoy broad-based local support; 
        and</DELETED>
        <DELETED>    (6) to make additional investments in 
        infrastructure maintenance and ecosystem restoration on the 
        Federal Lands.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    As used in this Act--</DELETED>
<DELETED>    (a) The term ``Federal Lands'' means--</DELETED>
        <DELETED>    (1) lands within the National Forest System, as 
        defined in section 11(a) of the Forest and Rangeland Renewable 
        Resource Planning Act of 1974 (16 U.S.C. 1609(a)) and managed 
        by the Forest Service, Department of Agriculture; and</DELETED>
        <DELETED>    (2) revested Oregon and California Railroad and 
        reconveyed Coos Bay Wagon Road grant lands, managed in part by 
        the Bureau of Land Management, Department of the Interior, and 
        in part by the Forest Service, Department of 
        Agriculture.</DELETED>
<DELETED>    (b) The term ``eligible States'' means each State that 
received one or more 25 percent payments as defined in, and during the 
period described in, subsection (d).</DELETED>
<DELETED>    (c) The term ``eligible counties'' means each county that 
received one or more 50 percent payments as defined in, and during the 
period described in, subsection (e).</DELETED>
<DELETED>    (d) The term ``25 percent payments'' means the payments to 
States authorized by the sixth paragraph under the heading of ``FOREST 
SERVICE'' of the Act of May 23, 1908, as amended, or section 13 of the 
Act of March 1, 1911, as amended (35 Stat. 260, 36 Stat. 963, as 
amended; 16 U.S.C. 500).</DELETED>
<DELETED>    (e) 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 (50 Stat. 875, 
chapter 876; 43 U.S.C. 1181f), and the payment made to a county 
pursuant to the Act of May 24, 1939 (53 Stat. 753, chapter 144; 43 
U.S.C. 1181f-1, et seq.).</DELETED>
<DELETED>    (f) The term ``full payment amount'' means the amount 
determined by calculating the average of the three highest 25 percent 
payments, 50 percent payments, or payments pursuant to section 13982 of 
the Omnibus Budget Reconciliation Act of 1993 (16 U.S.C. 500 note) made 
to the eligible State or eligible county during the period beginning on 
October 1, 1985, and concluding on September 30 of the last full fiscal 
year prior to the date of enactment of this Act, adjusted each fiscal 
year in which payments are required pursuant to subsection 4(a) and 
subsection 5(a) 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 the fiscal year prior to the full 
fiscal year after the date of enactment of this Act.</DELETED>
<DELETED>    (g) The term ``resource management plans'' means land use 
plans prepared by the Bureau of Land Management for units of the 
Federal Lands described in subsection (a)(2) of this section pursuant 
to section 202 of the Federal Land Policy Act of 1976 (43 U.S.C. 
Sec. 1712); and land and resource management plans prepared by the 
Forest Service for units of the lands described in subsection (a)(1) of 
this section pursuant to section 6 of the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 
Sec. 1604).</DELETED>
<DELETED>    (h) The term ``Secretaries'' or ``Secretary'' means the 
Secretary of the Interior with respect to the Federal Lands described 
in subsection (a)(2) and/or the Secretary of Agriculture with respect 
to Federal Lands described in subsection (a)(1).</DELETED>
<DELETED>    (i) The term ``eligible projects'' means any project or 
projects conducted on Federal Lands paid for, in whole or in part, by 
an eligible county which meets the requirements of subsection 
6(b).</DELETED>
<DELETED>    (j) The term ``associated environmental analysis'' means 
any evaluation required by the National Environmental Policy Act of 
1969 (42 U.S.C. Sec. 4321, et seq.) accompanying an eligible project, 
or any biological opinion for a project required by the Endangered 
Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.).</DELETED>
<DELETED>    (k) The term ``infrastructure maintenance'' means any road 
or facility maintenance, reconstruction, or stabilization activity 
approved by the appropriate Secretary and consistent with the 
applicable resource management plan.</DELETED>
<DELETED>    (l) The term ``ecosystem restoration'' means any watershed 
restoration, wildlife habitat improvement or restoration, or forest 
health treatment activity approved by the appropriate Secretary and 
consistent with the applicable resource management plan.</DELETED>
<DELETED>    (m) The term ``Committee'' means an Investment Project 
Advisory Committee established pursuant to section 7.</DELETED>
<DELETED>    (n) The term ``best value stewardship contracting'' means 
using contracts which secure, for the best price, the best quality 
service as determined by the Secretary based upon: the technical 
demands and complexity of the work to be done; the ecological 
sensitivity of the resources being treated; 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; utilization of low value species and byproducts; 
commitment to hiring highly qualified workers; and commitment to hiring 
local people.</DELETED>

<DELETED>SEC. 4. PAYMENTS TO STATES FROM FOREST SERVICE LANDS FOR 
              AFFECTED COUNTIES TO USE FOR THE BENEFIT OF PUBLIC 
              EDUCATION AND TRANSPORTATION.</DELETED>

<DELETED>    (a) Requirement for Payments to Eligible States.--The 
Secretary of the Treasury shall make payments in accordance with 
subsection (b) as early as practicable in each fiscal year from the 
first full fiscal year after the date of enactment of this Act to 
eligible States as defined in subsection 3(b).</DELETED>
<DELETED>    (b) Payment Amounts.--Each payment to a State pursuant to 
subsection (a) shall include the amount of the 25 percent payments as 
defined in subsection 3(d) that is applicable to that State and, if 
such amount is less than the full payment amount for that State as 
defined in, and calculated pursuant to, subsection 3(f), such 
additional funds as are necessary to provide a total payment equal to 
the full payment amount as provided in subsection (d).</DELETED>
<DELETED>    (c) Expenditure of Payments.--(1) Seventy-five percent of 
the funds paid to the States pursuant to subsection (a) shall be 
distributed and expended in the same manner in which the 25 percent 
payments are required to be distributed and expended.</DELETED>
<DELETED>    (2) Twenty-five percent of the funds paid to the States 
pursuant to subsection (a) shall be distributed in the same manner in 
which the 25 percent payments are required to be distributed and 
expended in accordance with section 6.</DELETED>
<DELETED>    (d) Source of Special Payments.--Any funds paid to the 
States in addition to the 25 percent payments pursuant to this section 
and section 6 shall be derived first from any revenues, fees, 
penalties, or miscellaneous receipts, exclusive of deposits to any 
relevant trust fund, received by the Federal Government from activities 
by the Forest Service on the Federal Lands described in subsection 
3(a)(1) and/or secondly, as determined by the Secretary of the 
Treasury, from any funds in the Treasury not otherwise 
appropriated.</DELETED>

<DELETED>SEC. 5. PAYMENTS TO COUNTIES FROM BUREAU OF LAND MANAGEMENT 
              LANDS TO USE FOR THE BENEFIT OF PUBLIC SAFETY, LAW 
              ENFORCEMENT, EDUCATION AND OTHER PUBLIC 
              PURPOSES.</DELETED>

<DELETED>    (a) Requirement for Payments to Eligible Counties.--The 
Secretary of the Treasury shall make payments in accordance with 
subsection (b) as early as practicable in each fiscal year from the 
first full fiscal year after the date of enactment of this Act to 
eligible counties as defined in subsection 3(c).</DELETED>
<DELETED>    (b) Payment Amounts.--Each payment to a county pursuant to 
subsection (a) shall include the amount of the 50 percent payments as 
defined in subsection 3(e) that is applicable to that county and, if 
such amount is less than the full payment amount for that county as 
defined in, and calculated pursuant to, subsection 3(f), such 
additional funds as are necessary to provide a total payment equal to 
the full payment amount as provided in subsection (d).</DELETED>
<DELETED>    (c) Expenditure of Payments.--(1) Seventy-five percent of 
the funds paid to the counties pursuant to subsection (a) shall be 
distributed and expended in the same manner in which the 50 percent 
payments are required to be distributed and expended.</DELETED>
<DELETED>    (2) Twenty-five percent of the funds paid to the counties 
pursuant to subsection (a) shall be distributed in the same manner in 
which the 50 percent payments are required to be distributed, and 
expended in accordance with section 6.</DELETED>
<DELETED>    (d) Source of Special Payments.--Any funds paid to the 
counties in addition to the 50 percent payments pursuant to this 
section and section 6 shall be derived first from any revenues, fees, 
penalties, or miscellaneous receipts, exclusive of deposits to any 
relevant trust funds, received by the Federal Government from 
activities by the Bureau of Land Management on the Federal Lands 
described in subsection 3(a)(2) and/or secondly, as determined by the 
Secretary of the Treasury, from any funds in the Treasury not otherwise 
appropriated.</DELETED>

<DELETED>SEC. 6. PAYMENTS TO STATES AND COUNTIES FROM FOREST SERVICE 
              AND BUREAU OF LAND MANAGEMENT LANDS FOR COMMUNITY SELF-
              DETERMINATION, RESOURCE INVESTMENT, AND AGENCY 
              ACCOUNTABILITY.</DELETED>

<DELETED>    (a) Payments to States and Counties for Resource 
Investments.--(1) To promote investments in resource management and 
restoration, and an ongoing relationship between eligible states and 
eligible counties and the Federal Lands, eligible states and counties 
shall be provided twenty-five percent of the funds paid pursuant to 
subsection 4(a) and subsection 5(a) to support investments in resource 
management and restoration on Federal Lands.</DELETED>
<DELETED>    (2) Investments referred to in paragraph (1) may support 
eligible projects or groups of eligible projects meeting the 
requirements of subsection (b), including both commercial and 
noncommercial activities, involving resource management, stewardship, 
restoration, or development.</DELETED>
<DELETED>    (b) Eligible Projects.--To be an eligible project or 
projects for the purposes of receipt of funds under subsection (a)(1), 
the project or group of projects must--</DELETED>
        <DELETED>    (1) be nominated and paid for, in whole or in 
        part, by the eligible county;</DELETED>
        <DELETED>    (2) be in compliance with the applicable resource 
        management plan, or with any watershed or subsequent plan 
        developed pursuant to the resource management plan and approved 
        by the appropriate Secretary;</DELETED>
        <DELETED>    (3) be recommended by the appropriate investment 
        project advisory committee formed pursuant to section 
        7;</DELETED>
        <DELETED>    (4) be in compliance with all applicable 
        environmental laws;</DELETED>
        <DELETED>    (5) be approved by the appropriate Secretary with 
        whom the final project authority lies;</DELETED>
        <DELETED>    (6) assure that the sale of any commodity, asset, 
        lease, or right to use the Federal Lands shall be on a 
        competitive bid basis to receive at least fair market value. 
        For any eligible project not subject to competitive bidding or 
        involving ecosystem restoration, infrastructure maintenance, or 
        other resource stewardship work, the appropriate Secretary 
        shall, to the maximum extent feasible, use best value 
        stewardship contracting; and</DELETED>
        <DELETED>    (7) be governed by a Memorandum of Understanding 
        between the eligible county and the appropriate Secretary which 
        specifies--</DELETED>
                <DELETED>    (A) a schedule with deadlines for 
                completion;</DELETED>
                <DELETED>    (B) an agreed-upon level of overhead to be 
                assessed against each eligible project or group of 
                eligible projects by the appropriate Secretary; 
                and</DELETED>
                <DELETED>    (C) (i) the circumstances in which the 
                appropriate Secretary shall, at the eligible county's 
                request, reimburse the county the full amount paid by 
                the county pursuant to subsection (c) with interest if 
                the Secretary fails to carry out an approved project 
                within the time frame established pursuant to 
                subparagraph (A).</DELETED>
                <DELETED>    (ii) Any reimbursement pursuant to clause 
                (i) shall not include repayment of any funds already 
                expended for projects enjoined or prohibited by action 
                of a Federal court.</DELETED>
<DELETED>    (c) Funding of Projects.--Upon approval by the appropriate 
Secretary of an eligible project or group of eligible projects that 
meet the requirements of subsection (b), the eligible county will 
convey the necessary funding to the appropriate Secretary to undertake 
single-year or multi-year projects or groups of projects.</DELETED>
<DELETED>    (d) Return of Unused Funds.--(1) If an eligible county and 
the Secretary fail to agree on a sufficient number of eligible projects 
to fully obligate the funds provided under subsection (a)(1) by the end 
of the fiscal year in which the funds were provided, any remaining 
funds shall be returned to the Secretary of the Treasury and 
redistributed in the following fiscal year to those eligible states and 
counties that did fully expend such funds available to them pursuant to 
subsection (a)(1) in the same proportion as, and in addition to, funds 
distributed annually to eligible states and counties under this 
section.</DELETED>
<DELETED>    (2) Any funds returned to an eligible county by the 
Secretary under subsection (b)(7)(B) shall be used by that county to 
fund eligible projects meeting the requirements of subsection (b) 
within one year from the date of reimbursement by the 
Secretary.</DELETED>
<DELETED>    (e) Funds Generated by Eligible Projects.--</DELETED>
        <DELETED>    (1) Division of funds.--Any fees, receipts, or 
        payments resulting from any revenue-generating project 
        receiving funds pursuant to subsection (a)(1) shall be, after 
        deposits to any relevant trust funds, divided equally between 
        the eligible county and the Secretary.</DELETED>
        <DELETED>    (2) Use of funds.--</DELETED>
                <DELETED>    (A) The portion of the funds referred to 
                in paragraph (1) that is paid to the eligible county 
                shall be used by the county for the same purposes as 
                provided in subsection 4(c)(1) and subsection 5(c)(1) 
                of this Act.</DELETED>
                <DELETED>    (B) The portion of funds referred to in 
                paragraph (1) that is received by the Secretary shall 
                be used by the National Forest or Bureau of Land 
                Management District from which the funds originated for 
                infrastructure maintenance or ecosystem 
                restoration.</DELETED>
<DELETED>    (f) Relation of Funds to Annual Appropriations.--Any funds 
provided to the Secretaries under this section shall be in addition to 
the annual appropriations for the Forest Service and the Bureau of Land 
Management.</DELETED>

<DELETED>SEC. 7. INVESTMENT PROJECT ADVISORY COMMITTEES.</DELETED>

<DELETED>    (a) Establishment and Purpose of Investment Project 
Advisory Committees.--(1) For each National Forest and Bureau of Land 
Management District managing Federal Lands, the appropriate Secretary 
shall establish and maintain an Investment Project Advisory Committee 
to recommend eligible projects or groups of eligible projects pursuant 
to subsection 6(b)(3) for funds provided pursuant to subsection 
6(a)(1).</DELETED>
<DELETED>    (2) No eligible project or groups of eligible projects may 
be funded under subsection 6(a)(1) without the recommendation of the 
appropriate Committee.</DELETED>
<DELETED>    (3) For the purposes of establishing Committees pursuant 
to this section, the appropriate Secretary may, at his sole discretion, 
combine or divide National Forests or Bureau of Land Management 
Districts.</DELETED>
<DELETED>    (b) Committee Members.--</DELETED>
        <DELETED>    (1) Appointment.--Each Committee shall be 
        comprised of 15 members broadly representative of local 
        resource users, environmental interests, forest workers and 
        organized labor representatives, county elected officials, 
        school administrators, teachers, and other local interests as 
        determined by the Secretary.</DELETED>
        <DELETED>    (2) Chair.--The Chair of each Committee shall be 
        selected by a majority of the members.</DELETED>
        <DELETED>    (3) Vacancies.--</DELETED>
                <DELETED>    (A) A vacancy in the membership of any 
                Committee shall be filled by the Secretary in a fashion 
                which maintains the breadth of interests on the 
                Committee.</DELETED>
                <DELETED>    (B) A vacancy in the membership of any 
                Committee shall not impair the right of the remaining 
                members to fulfill the purposes of the Committee 
                provided in subsection (a).</DELETED>
        <DELETED>    (4) Term.--Each Committee member shall serve a 
        term of two years from appointment. A Committee member shall be 
        eligible for reappointment at the sole discretion of the 
        Secretary.</DELETED>
<DELETED>    (c) Committee Staff.--At the request of a Committee Chair, 
the appropriate Secretary may assign Federal employees to assist a 
Committee in fulfilling the purposes pursuant to subsection 
(a).</DELETED>
<DELETED>    (d) Committee Rules.--Each Committee is authorized to 
establish such procedural and administrative rules as are necessary to 
achieve the purpose of the Committee pursuant to subsection 
(a).</DELETED>
<DELETED>    (e) Committee Meetings.--</DELETED>
        <DELETED>    (1) Each Secretary shall develop procedures for 
        the publication, public attendance, and development of a record 
        for the meetings of the Committees.</DELETED>
        <DELETED>    (2) All Committee meetings shall be announced one 
        week in advance of the meeting in a local newspaper of record, 
        and shall be open to the public.</DELETED>
<DELETED>    (f) Federal Advisory Committee Act Requirements.--Except 
as may be provided by this section, the provisions of the Federal 
Advisory Committee Act (86 Stat. 770; 5 U.S.C. App. 1) shall not apply 
to the Committees.</DELETED>

<DELETED>SEC. 8. APPROPRIATIONS AUTHORIZATION.</DELETED>

<DELETED>    There are hereby authorized to be appropriated such sums 
as are necessary to carry out the provisions of this Act.</DELETED>

<DELETED>SEC. 9. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    (a) Section 13982 of the Omnibus Budget Reconciliation Act 
of 1993 (16 U.S.C. 500 note) is repealed. 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) is repealed.</DELETED>
<DELETED>    (b) Section 6903(a)(1) of title 31, United States Code, is 
amended by--</DELETED>
        <DELETED>    (1) re-designating subparagraphs (D) through (J) 
        as (E) through (K), respectively; and</DELETED>
        <DELETED>    (2) inserting after subparagraph (C) the following 
        new subparagraph:</DELETED>
                <DELETED>    ``(D) the Secure Rural Schools and 
                Community Self-Determination Act of 1999;''.</DELETED>

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 2000''.
    (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--SPECIAL PROJECTS ON FEDERAL LANDS

Sec. 201. Definitions.
Sec. 202. General limitation on use of project funds.
Sec. 203. Submission of project proposals.
Sec. 204. Evaluation and approval of projects by Secretary concerned.
Sec. 205. Resource advisory committees.
Sec. 206. Use of project funds.
Sec. 207. Availability of project funds.

                  TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Authorization of appropriations.
Sec. 302. Treatment of funds and revenues.
Sec. 303. Regulations.
Sec. 304. 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 predominately 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) 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 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 75 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, of which 50 percent is to be used as other county funds.
            (8) For several decades primarily due to the growth of the 
        Federal timber sale program, counties dependent on and 
        supportive of these Federal lands received and relied on 
        increasing shares of these revenues to provide funding for 
        schools and road maintenance.
            (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 affected 
        educational funding and road maintenance for many 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 funding for schools and roads those 
        revenues provide.
            (13) There is a need to stabilize education and road 
        maintenance funding through predictable payments to the 
        affected counties, job creation in those counties, and other 
        opportunities associated with restoration, maintenance, and 
        stewardship of federal lands.
            (14) Both the Forest Service and the Bureau of Land 
        Management face significant backlogs in infrastructure 
        maintenance and ecosystem restoration that are difficult to 
        address through annual appropriations.
            (15) There is a need to build new, and strengthen existing, 
        relationships and to improve management of public lands and 
        waters.
    (b) Purposes.--The purposes of this Act are--
            (1) to stabilize and make permanent payments to counties to 
        provide funding for schools and roads;
            (2) to make additional investments in, and create 
        additional employment opportunities through, projects that 
        improve the maintenance of existing infrastructure, implement 
        stewardship objectives that enhance forest ecosystems, and 
        restore and improve land health and water quality. Such 
        projects shall enjoy broad-based support with objectives that 
        may include, but are not limited to:
                    (A) Road, trail, and infrastructure maintenance or 
                obliteration;
                    (B) Soil productivity improvement;
                    (C) Improvements in forest ecosystem health;
                    (D) Watershed restoration and maintenance;
                    (E) Restoration, maintenance and improvement of 
                wildlife and fish habitat;
                    (F) Control of noxious and exotic weeds;
                    (G) Reestablishment of native species; and
                    (H) General resource stewardship.
            (3) to improve cooperative relationships among the people 
        that use and care for Federal lands and the agencies that 
        manage these 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)) exclusive of the National Grasslands 
                administered pursuant to the Act of July 22, 1937 (7 
                U.S.C. 1010-10912); 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 the eligible counties in that 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 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 2000.

SEC. 102. PAYMENTS TO STATES FROM NATIONAL FOREST SYSTEM 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 fiscal year beginning in fiscal year 2000. 
The payment for a fiscal year shall be made as soon as practicable 
after the end of that fiscal year.
    (b) Payment Amounts.--Except as provided in subsection (c), the 
payment to an eligible State for a fiscal year shall consist of the 25-
percent payment applicable to that State for that fiscal year as 
described in section 3(6).
    (c) Election To Receive Full Payment Amount.--
            (1) An eligible State may elect to receive the full payment 
        amount as described in sections 101(a)(1) and 101(b), in lieu 
        of the payment described in subsection (b). The election shall 
        be made at the discretion of each affected county and 
        transmitted to the Secretary by the Governor of a State. Each 
        such county election shall be effective for two fiscal years.
            (2) Except that, when a county elects to receive the full 
        payment amount, such election shall be effective for all the 
        subsequent fiscal years.
            (3) The payment to an eligible State under this subsection 
        for a fiscal year shall be derived first from any revenues, 
        fees, penalties, or miscellaneous receipts, exclusive of 
        deposits to any relevant trust fund, or special accounts, 
        received by the Federal Government from activities by the 
        Forest Service on the Federal lands described in subsection 
        3(1)(A) and/or secondly, as determined by the Secretary of the 
        Treasury, from any funds in the Treasury not otherwise 
        appropriated.
    (d) Distribution and Expenditure of Payments.--
            (1) Distribution method.--An eligible State that elects to 
        receive a payment under subsection (c) shall distribute the 
        payment among all eligible counties in the State, with each 
        eligible county receiving the amount calculated for that county 
        in Section 101(a).
            (2) Expenditure purposes.--Subject to subsection (e), 
        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.
    (e) Expenditure Rules for Eligible Counties.--
            (1) In general.--Of the funds to be distributed to an 
        eligible county pursuant to subsection (d)--
                    (A) not less than 80 percent but not more than 85 
                percent of the funds shall be expended in the same 
                manner in which the 25-percent payments are required to 
                be expended; and
                    (B) at the election of an eligible county, the 
                balance of the funds not expended pursuant to 
                subparagraph (A) shall either be reserved for projects 
                in accordance with title II, or remitted to the fund 
                created by section 302(b).
            (2) Deposit of funds in special account.--Funds reserved by 
        an eligible county under paragraph (1) shall be deposited in a 
        special account in the Treasury of the United States and shall 
        be available for expenditure by the Secretary of Agriculture, 
        without further appropriation, and shall remain available until 
        expended in accordance with title II.
            (3) Election.--
                    (A) General.--An eligible county shall notify the 
                Secretary of Agriculture of its election under this 
                subsection not later than September 30 of each fiscal 
                year. If the eligible county fails to make an election 
                by that date, the county is deemed to have elected to 
                expend 85 percent of the funds to be received under 
                subsection (c) in the same manner in which the 25-
                percent payments are required to be expended, and 
                remitted the balance to the fund created by Section 
                302(b).
                    (B) Counties with minor distributions.--
                Notwithstanding the expenditure rules in this 
                subsection, in the case of each eligible county to 
                which less than $100,000 is distributed for any fiscal 
                year pursuant to subsection (c), the eligible county 
                may elect to expend all such funds in accordance with 
                subsection (d).

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 year in fiscal year 2000. The 
payment for a fiscal year shall be made as soon as practicable after 
the end of that fiscal year.
    (b) Payment Amounts.--Except as provided in subsection (c), the 
payments to an eligible county for a fiscal year shall consist of the 
50-percent payment applicable to that county for that fiscal year as 
described in section 3(7).
    (c) Election To Receive Full Payment Amount.--
            (1) An eligible county may elect to receive the full 
        payment amount, as described in sections 101(a)(2) and 101(b) 
        in lieu of the payment described in subsection (b). The 
        election shall be made at the discretion of the county. Once 
        the election is made, it shall be effective for the fiscal year 
        in which the election is made and all subsequent fiscal years.
            (2) The payment to an eligible county under this subsection 
        for a fiscal year shall be derived first from any revenues, 
        fees, penalties, or miscellaneous receipts, exclusive of 
        deposits to any relevant trust fund, or special accounts, 
        received by the Federal Government from activities by the 
        Bureau of Land Management on the Federal Lands described in 
        subsection 3(1)(B) and/or secondly, as determined by the 
        Secretary of the Treasury, from any funds in the Treasury not 
        otherwise appropriated.
    (d) Expenditure Rules for Eligible Counties.--
            (1) In general.--Of the funds to be distributed to an 
        eligible county pursuant to subsection (d)--
                    (A) Not less than 80 percent but not more than 85 
                percent of the funds distributed to the eligible county 
                shall be expended in the same manner in which the 50-
                percent payments are required to be expended; and
                    (B) At the election of an eligible county, the 
                balance of the funds not expended pursuant to 
                subparagraph (A) shall either be reserved for projects 
                in accordance with title II, or remitted to the fund 
                created by section 302(b).
            (2) Deposit of funds in special account.--Funds reserved by 
        an eligible county under paragraph (1) shall be deposited in a 
        special account in the Treasury of the United States and shall 
        be available for expenditure by the Secretary of the Interior, 
        without further appropriation, and shall remain available until 
        expended in accordance with title II.
            (3) Election.--An eligible county shall notify the 
        Secretary of the Interior of its election under this subsection 
        not later than September 30 of each fiscal year under 
        subsection (d). If the eligible county fails to make an 
        election by that date, the county is deemed to have elected to 
        expend 85 percent on the funds received under subsection (c) in 
        the same manner in which the 50-percent payments are required 
        to be expended and remitted the balance to the fund created by 
        section 302(b).

              TITLE II--SPECIAL 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) elects under sections 102(e)(3) or 103(d)(3) to 
                expend a portion of those funds in accordance with 
                sections 102(e)(1)(B) or 103(d)(3).
            (2) Project funds.--The term ``project funds'' means all 
        funds an eligible county elects under sections 102(e)(3) and 
        103(d)(3) to reserve for expenditure under sections 
        102(e)(1)(B) or 103(d)(2) for expenditure in accordance with 
        this title.
            (3) Resource advisory committee.--The term ``resource 
        advisory committee'' means an advisory committee established by 
        the Secretary concerned under section 205, or determined by the 
        Secretary concerned to meet the requirements of 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 a land 
        and resource management plan 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 or his designee with 
        respect to the Federal lands described in section 3(1)(B) and 
        the Secretary of Agriculture or his designee with respect to 
        the Federal lands described in section 3(1)(A).

SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.

    Project funds shall be expended solely on projects that meet the 
requirements of this title. Project funds may be used by the Secretary 
concerned for the purpose of entering into and implementing cooperative 
agreements with willing Federal agencies, State and local governments, 
private and nonprofit entities, and landowners for protection, 
restoration and enhancement of fish and wildlife habitat, and other 
resource objectives consistent with the purposes of this title on 
public or private land or both that benefit these resources within the 
watershed.

SEC. 203. SUBMISSION OF PROJECT PROPOSALS.

    (a) Submission of Project Proposals to Secretary Concerned.--
            (1) Projects funded using project funds.--Not later than 
        September 30 for fiscal year 2001, and each September 30 
        thereafter for each succeeding fiscal year, each resource 
        advisory committee established under section 205 shall submit 
        to the Secretary concerned a description of any projects that 
        the resource advisory committee proposes the Secretary 
        undertake using any project funds reserved.
            (2) Projects funded using other funds.--A resource advisory 
        committee may submit to the Secretary concerned a description 
        of any projects that the committee proposes the Secretary 
        undertake using funds from State or local governments, from the 
        private sector, or funds held by the Secretary concerned 
        pursuant to section 302(b), other than project funds and funds 
        appropriated and otherwise available to do similar work.
            (3) Joint projects.--Participating counties or other 
        persons may propose to pool project funds or other funds, 
        described in paragraph (2), and jointly propose a project or 
        group of projects to a resource advisory committee established 
        under section 205.
    (b) Required Description of Projects.--In submitting proposed 
projects to the Secretary concerned under subsection (a), a resource 
advisory committee shall include in the description of each proposed 
project the following information:
            (1) The purpose of the project and a description of how the 
        project will meet the purposes of this Act.
            (2) The anticipated duration of the project.
            (3) The anticipated cost of the project.
            (4) The proposed source of funding for the project, whether 
        project funds or other funds.
            (5) Expected outcomes, including how the project will meet 
        or exceed desired ecological conditions, maintenance 
        objectives, or stewardship objectives, as well as an estimation 
        of the amount of any timber, forage, and other commodities and 
        other economic activity, including jobs generated, if any, 
        anticipated as part of the project.
            (6) A detailed monitoring plan, including funding needs and 
        sources, that tracks project effectiveness, implementation, and 
        provides for validation monitoring. The monitoring plan shall 
        include an assessment of the following: whether or not the 
        project created local employment or training opportunities, 
        including summer youth jobs programs such as the Youth 
        Conservation Corps where appropriate; and whether the project 
        improved the use of, or added value to, any products removed 
        from lands consistent with the purposes of this Act.
            (7) An assessment that the project is to be in the public 
        interest.
    (c) Authorized Projects.--
            (1) In general.--Projects proposed under subsection (a) 
        shall be consistent with section 2(b).
            (2) Search, rescue, and emergency services.--
        Notwithstanding paragraph (1), a resource advisory committee 
        may submit as a proposed project under subsection (a) a 
        proposal that the participating county or sheriff's department 
        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 must 
        be the fund created by section 302(b).
            (3) Community service work camps.--Notwithstanding 
        paragraph (1), a resource advisory committee may submit as a 
        proposed project under subsection (a) a proposal that the 
        participating 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 
resource advisory committee under section 203 only if the proposed 
project satisfies each of the following conditions:
            (1) The project complies with all applicable Federal laws 
        and regulations.
            (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 resource advisory 
        committee in accordance with section 205, including the 
        procedures issued under subsection (e) of such section.
            (4) A project description has been submitted by the 
        resource advisory committee to the Secretary concerned in 
        accordance with section 203.
    (b) Environmental Reviews.--
            (1) Payment of review costs.--
                    (A) Request for payment by county.--The Secretary 
                concerned may request the resource advisory committee 
                submitting a proposed project to agree to the use of 
                project funds to pay for any environmental review, 
                consultation, or compliance with applicable 
                environmental laws required in connection with the 
                project. When such a payment is requested and the 
                resource advisory committee agrees to the expenditure 
                of funds for this purpose, the Secretary concerned 
                shall conduct environmental review, consultation, or 
                other compliance responsibilities in accordance with 
                Federal law and regulations.
                    (B) Effect of refusal to pay.--If a resource 
                advisory committee does not agree to the expenditure of 
                funds under subparagraph (A), the project shall be 
deemed withdrawn from further consideration by the Secretary concerned 
pursuant to this title. Such a withdrawal shall be deemed to be a 
rejection of the project for purposes of section 207(c).
    (c) 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. Notwithstanding any other 
        provision of law, a decision by the Secretary concerned to 
        reject a proposed project shall not be subject to 
        administrative appeal or judicial review. Within 30 days after 
        making the rejection decision, the Secretary concerned shall 
        notify in writing the resource advisory committee that 
        submitted the proposed project of the rejection and the reasons 
        for rejection.
            (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.
    (d) Source and Conduct of Project.--Once the Secretary concerned 
accepts a project for review under section 204, it shall be deemed a 
Federal action for all purposes.
    (e) Implementation of Approved Projects.--
            (1) Cooperation.--Notwithstanding chapter 63 of title 31, 
        United States Code, the Secretary concerned may enter into 
        contracts, grants, 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.
            (2) Best value contracting.--For any project involving a 
        contract authorized by paragraph (1) the Secretary concerned 
        may elect a source for performance of the contract on a best 
        value basis. The Secretary concerned shall determine best value 
        based on such factors as:
                    (A) The technical demands and complexity of the 
                work to be done.
                    (B) The ecological objectives of the project and 
                the 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 commitment of the contractor to hiring 
                highly qualified workers and local residents.
            (3) Merchantable materials sales contracting pilot 
        projects.--Until September 30, 2004, for a portion of the 
        contracts issued under this paragraph, the Secretary concerned 
        shall provide for the disposal of the forest products under a 
        separate contract. Within one year of the completion of the 
        contracts authorized under this paragraph, the Secretary shall 
        report to the Committee on Energy and Natural Resources of the 
        United States Senate and the Committee of Resources of the 
        United States House of Representatives on the environmental and 
        fiscal results of these projects.

SEC. 205. RESOURCE ADVISORY COMMITTEES.

    (a) Establishment and Purpose of Resource Advisory Committees.--
            (1) Establishment.--The Secretary concerned shall establish 
        and maintain a resource advisory committee to perform the 
        duties in subsection (b), except as provided in paragraphs (3) 
        and (4).
            (2) Purpose.--The purpose of a resource advisory committee 
        shall be to improve collaborative relationships and to provide 
        advice and recommendations to the land management agencies 
        consistent with the purposes of this Act.
            (3) Access to resource advisory committees.--To ensure that 
        each unit of Federal land has access to a resource advisory 
        committee, and that there is sufficient interest in 
        participation on a committee to ensure that membership can be 
        balanced in terms of the points of view represented and the 
        functions to be performed, the Secretary concerned may, 
        establish resource advisory committees for part of, or one or 
        more, units of Federal lands.
            (4) Existing advisory committees.--Existing advisory 
        committees meeting the requirements of this section may be 
        deemed by the Secretary concerned, as a resource advisory 
        committee for the purposes of the title. The Secretary of the 
        Interior may deem a resource advisory committee meeting the 
        requirements of part 1780, subpart 1784 of title 43, Code of 
        Federal Regulations, as a resource advisory committee for the 
        purposes of this title.
    (b) Duties.--A resource advisory committee shall--
            (1) review projects proposed by participating counties and 
        other persons;
            (2) propose projects and funding to the Secretary concerned 
        under section 203;
            (3) provide early and continuous coordination with 
        appropriate land management agency officials in recommending 
        projects consistent with purposes of this Act; and
            (4) provide frequent opportunities for citizens, 
        organizations, Tribes, land management agencies, and other 
        interested parties to participate openly and meaningfully, 
        beginning at the early stages of the project development 
        processs.
    (c) Appointment by the Secretary.--
            (1) Appointment and term.--The Secretary concerned, shall 
        appoint the members of resource advisory committees for a term 
        of 3 years beginning on the date of appointment. The Secretary 
        concerned may reappoint members to subsequent 3-year terms.
            (2) Basic requirements.--The Secretary concerned shall 
        ensure that each resource advisory committee established meets 
        the requirements of subsection (d).
            (3) Initial appointment.--The Secretary concerned shall 
        make initial appointments to the resource advisory committees 
        not later than 180 days after the date of the enactment of this 
        Act.
            (4) Vacancies.--The Secretary concerned shall make 
        appointments to fill vacancies on any resource advisory 
        committee as soon as practicable after the vacancy has 
        occurred.
            (5) Compensation.--Members of the resource advisory 
        committees shall not receive any compensation.
    (d) Composition of Advisory Committee.--
            (1) Number.--Each resource advisory committee shall be 
        comprised of 15 members.
            (2) Community interests represented.--Committee members 
        shall be representative of the interests of the following 
        categories:
                    (A) 5 persons who--
                            (i) represent organized labor;
                            (ii) represent developed outdoor 
                        recreation, off highway vehicle users, or 
                        commercial recreation activities;
                            (iii) represent energy and mineral 
                        development interests;
                            (iv) represent the commercial timber 
                        industry; or
                            (v) hold Federal grazing permits, or other 
                        land use permits within the area for which the 
                        committee is organized.
                    (B) 5 persons representing--
                            (i) nationally recognized environmental 
                        organizations;
                            (ii) regionally or locally recognized 
                        environmental organizations;
                            (iii) dispersed recreational activities;
                            (iv) archeological and historical 
                        interests; or
                            (v) nationally or regionally recognized 
                        wild horse and burro interest groups.
                    (C) 5 persons who--
                            (i) hold state elected office or their 
                        designee;
                            (ii) hold county or local elected office;
                            (iii) represent American Indian tribes 
                        within or adjacent to the area for which the 
                        committee is organized;
                            (iv) are school officials or teachers; or
                            (v) represent the affected public at large.
            (3) Balanced representation.--In appointing committee 
        members from the three categories in paragraph (2), the 
        Secretary concerned shall provide for balanced and broad 
        representation from within each category.
            (4) Geographic distribution.--The members of a resource 
        advisory committee shall reside within the State in which the 
        committee has geographic jurisdiction.
            (5) Chairperson.--A majority on each resource advisory 
        committee shall select the chairperson of the committee.
    (e) Approval Procedures.--
            (1) Subject to paragraph (2), each resource advisory 
        committee shall establish procedures for defining a quorum and 
        proposing projects to the Secretary concerned. A quorum must be 
        present to constitute an official meeting of the committee.
            (2) A project may be proposed by a resource advisory 
        committee to the Secretary concerned under section 203(a) if it 
        has been approved by a majority of members of the committee 
        from each of the three categories in subsection (c)(2).
    (f) Other Committee Authorities and Requirements.--
            (1) Staff assistance.--A resource advisory committee may 
        submit to the Secretary concerned a request for periodic staff 
        assistance from Federal employees under the jurisdiction of the 
        Secretary.
            (2) Meetings.--All meetings of a resource 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 resource advisory committee shall maintain 
        records of the meetings of the committee and make the records 
        available for public inspection.

SEC. 206. USE OF PROJECT FUNDS.

    (a) Agreement Regarding Schedule and Cost of Project.--
            (1) Agreement between parties.--The Secretary concerned may 
        carry out a project submitted by a resource advisory committee 
        under section 203(a) using project funds or other funds 
        described in section 203(a)(2), if, as soon as practicable 
        after the issuance of a decision document for the project and 
        the exhaustion of all administrative appeals and judicial 
        review of the project decision, the Secretary concerned and the 
        resource advisory committee enter into an agreement addressing, 
        at a minimum, the following:
                    (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 failure of the Secretary 
                concerned to comply with the terms of the agreement 
                consistent with current Federal law.
            (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 projects 
        funds, or other funds described in section 203(a)(2), the 
        Secretary concerned shall transfer to the applicable unit of 
        National Forest Systems lands or BLM District 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 using project funds, or other 
                funds described in section 203(a)(2); or
                    (B) in the case of a multi-year project, the amount 
                specified in the agreement to be paid using project 
                funds, or other funds described in section 203(a)(2) 
                for the first fiscal year.
            (2) Condition on project commencement.--The unit of 
        National Forest System lands or BLM District concerned, shall 
        not commence a project until the project funds, or other funds 
        described in section 203(a)(2) required to be transferred under 
        paragraph (1) for the project, have been made available by the 
        Secretary concerned.
            (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 unit of 
        National Forest System lands or BLM District concerned shall 
        use 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 project funds required by 
        the agreement in the second and subsequent years fiscal years 
        are not available.

SEC. 207. AVAILABILITY OF PROJECT FUNDS.

    (a) Submission of Proposed Projects To Obligate Funds.--By the end 
of each fiscal year, a resource advisory committee 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 reserved by the 
participating county in the preceding fiscal year.
    (b) Use or Transfer of Unobligated Funds.--
            (1) If a resource advisory committee fails to comply with 
        subsection (a) for a fiscal year, any project funds reserved by 
        the participating county in the preceding fiscal year and 
        remaining unobligated shall be available for use as part of the 
        project submissions in the next fiscal year.
            (2) Any funds not used because a county fails to elect 
        under section 102(e)(3) or section 103(d)(3) to expend monies 
        for local projects shall be remitted to the fund created by 
        section 302(b).
    (c) Effect of Rejection of Projects.--Any project funds reserved by 
a participating county in the preceding fiscal year 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 use 
as part of the project submissions in the next fiscal year.
    (d) Effect of Court Orders.--If an approved project is enjoined or 
prohibited by a Federal court under this Act, the Secretary concerned 
shall use unobligated project funds related to that project in the 
participating county or counties that reserved 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(e)(1)(B) or 
103(d)(1)(B), whichever applies to the funds involved.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as are 
necessary to carry out this Act for fiscal years 2001 through 2007.

SEC. 302. TREATMENT OF FUNDS AND REVENUES.

    (a) Funds appropriated pursuant to the authorization of 
appropriations in section 301 and funds made available to a Secretary 
concerned under section 206 shall be in addition to any other annual 
appropriations for the Forest Service and the Bureau of Land 
Management.
    (b) Any and all revenues generated from projects pursuant to title 
II, any funds remitted by counties pursuant to section 102(e)(1)(B) or 
section 103(d)(1)(B), and any interest accrued from any such funds 
shall be deposited and retained without further appropriation in a 
national fund and available to the Secretary concerned to fund projects 
authorized pursuant to section 203. The Secretary concerned shall 
prioritize expenditures from this fund and shall identify, in an annual 
report to the Committee on Energy and Natural Resources of the United 
States Senate and the Committee on Resources of the United States House 
of Representatives, all projects receiving funds pursuant to this 
subsection.

SEC. 303. REGULATIONS.

    The Secretaries concerned may jointly issue regulations to carry 
out the purposes of this Act.

SEC. 304. CONFORMING AMENDMENTS.

    Section 13982 of the Omnibus Budget Reconciliation Act of 1993 (116 
U.S.C. 500 note) is repealed. 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) is repealed.




                                                       Calendar No. 520

106th CONGRESS

  2d Session

                                S. 1608

                          [Report No. 106-275]

_______________________________________________________________________

                                 A BILL

  To provide annual payments to the States and counties from National 
  Forest System lands managed by the Forest Service, and the revested 
Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant 
 lands managed predominantly by the Bureau of Land Management, for use 
  by the counties in which the lands are situated for the benefit of 
    public schools, roads, emergency, and other public purposes; to 
 encourage and provide new mechanisms for cooperation between counties 
   and the Forest Service and the Bureau of Land Management to make 
   necessary investments in Federal lands, and reaffirm the positive 
 connection between Federal Lands counties and Federal Lands; and for 
                            other purposes.

_______________________________________________________________________

                             April 25, 2000

                       Reported with an amendment