[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3058 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3058

 To amend chapter 69 of title 31, United States Code, to provide full 
  payments under such chapter to units of general local government in 
  which entitlement land is located, to provide transitional payments 
  during fiscal years 2008 through 2012 to those States and counties 
  previously entitled to payments under the Secure Rural Schools and 
   Community Self-Determination Act of 2000, and for other purposes.


_______________________________________________________________________


                     IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2007

 Mr. DeFazio (for himself, Mr. Rahall, Mr. Thompson of California, Mr. 
  Baird, Ms. Hooley, Mr. Matheson, and Mr. Blumenauer) introduced the 
    following bill; which was referred to the Committee on Natural 
   Resources, and in addition to the Committee on Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 69 of title 31, United States Code, to provide full 
  payments under such chapter to units of general local government in 
  which entitlement land is located, to provide transitional payments 
  during fiscal years 2008 through 2012 to those States and counties 
  previously entitled to payments under the Secure Rural Schools and 
   Community Self-Determination Act of 2000, and for 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.

    This Act may be cited as the ``Public Land Communities Transition 
Assistance Act of 2007''.

SEC. 2. PERMANENT FUNDING.

    (a) In General.--Section 6906 of title 31, United States Code, is 
amended to read as follows:
``Sec. 6906. Funding
    ``For each of fiscal years 2008 through 2012, amounts authorized 
under this chapter shall be made available to the Secretary of the 
Interior, without further appropriations, for obligation or expenditure 
in accordance with this chapter.''.
    (b) Conforming Amendment.--The table of sections for chapter 69 of 
title 31, United States Code, is amended by striking the item relating 
to section 6906 and inserting the following:

``6906. Funding.''.

SEC. 3. TRANSITIONAL PAYMENTS STATES AND COUNTIES PREVIOUSLY ENTITLED 
              TO PAYMENTS UNDER SECURE RURAL SCHOOLS AND COMMUNITY 
              SELF-DETERMINATION ACT OF 2000.

    (a) Transitional Payments.--Chapter 69 of title 31, United States 
Code, is amended by adding at the end the following new section:
``Sec. 6908. Secure rural schools transition payments
    ``(a) Definitions.--In this section:
            ``(1) Adjusted share.--The term `adjusted share' means the 
        number equal to the quotient obtained by dividing--
                    ``(A) the number equal to the quotient obtained by 
                dividing--
                            ``(i) the base share for the eligible 
                        county; by
                            ``(ii) the income adjustment for the 
                        eligible county; by
                    ``(B) the number equal to the sum of the quotients 
                obtained under subparagraph (A) and paragraph (8)(A) 
                for all eligible counties.
            ``(2) Base share.--The term `base share' means the number 
        equal to the average of--
                    ``(A) the quotient obtained by dividing--
                            ``(i) the number of acres of Federal land 
                        described in paragraph (7)(A) in each eligible 
                        county; by
                            ``(ii) the total number of acres of Federal 
                        land in all eligible counties in all eligible 
                        States; and
                    ``(B) the quotient obtained by dividing--
                            ``(i) the amount equal to the average of 
                        the 3 highest 25-percent payments and safety 
                        net payments made to each eligible State for 
                        each eligible county during the eligibility 
                        period; by
                            ``(ii) the amount equal to the sum of the 
                        amounts calculated under clause (i) and 
                        paragraph (9)(B)(i) for all eligible counties 
                        in all eligible States during the eligibility 
                        period.
            ``(3) County payment.--The term `county payment' means the 
        payment for an eligible county calculated under subsection (c).
            ``(4) Eligible county.--The term `eligible county' means 
        any county that--
                    ``(A) contains Federal land (as defined in 
                paragraph (7)); and
                    ``(B) elects to receive a share of the State 
                payment or the county payment under subsection (f).
            ``(5) Eligibility period.--The term `eligibility period' 
        means fiscal year 1986 through fiscal year 1999.
            ``(6) Eligible state.--The term `eligible State' means a 
        State or territory of the United States that received a 25-
        percent payment for 1 or more fiscal years of the eligibility 
        period.
            ``(7) Federal land.--The term `Federal land' means--
                    ``(A) land 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 and land 
                utilization projects designated as National Grasslands 
                administered pursuant to the Act of July 22, 1937 (7 
                U.S.C. 1010-1012); and
                    ``(B) such portions of the revested Oregon and 
                California Railroad and reconveyed Coos Bay Wagon Road 
                grant land as are or may hereafter come under the 
                jurisdiction of the Department of the Interior, which 
                have heretofore or may herafter be classified as 
                timberlands, and power-site land valuable for timber, 
                that shall be managed, except as provided in the former 
                section 3 of the Act of August 28, 1937 (50 Stat. 875; 
                43 U.S.C. 1181c), for permanent forest production.
            ``(8) 50-percent adjusted share.--The term `50-percent 
        adjusted share' means the number equal to the quotient obtained 
        by dividing--
                    ``(A) the number equal to the quotient obtained by 
                dividing--
                            ``(i) the 50-percent base share for the 
                        eligible county; by
                            ``(ii) the income adjustment for the 
                        eligible county; by
                    ``(B) the number equal to the sum of the quotients 
                obtained under subparagraph (A) and paragraph (1)(A) 
                for all eligible counties.
            ``(9) 50-percent base share.--The term `50-percent base 
        share' means the number equal to the average of--
                    ``(A) the quotient obtained by dividing--
                            ``(i) the number of acres of Federal land 
                        described in paragraph (7)(B) in each eligible 
                        county; by
                            ``(ii) the total number of acres of Federal 
                        land in all eligible counties in all eligible 
                        States; and
                    ``(B) the quotient obtained by dividing--
                            ``(i) the amount equal to the average of 
                        the 3 highest 50-percent payments made to each 
                        eligible county during the eligibility period; 
                        by
                            ``(ii) the amount equal to the sum of the 
                        amounts calculated under clause (i) and 
                        paragraph (2)(B)(i) for all eligible counties 
                        in all eligible States during the eligibility 
                        period.
            ``(10) 50-percent payment.--The term `50-percent payment' 
        means the payment that is 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.).
            ``(11) Full funding amount.--The term `full funding amount' 
        means--
                    ``(A) $520,000,000 for fiscal year 2008; and
                    ``(B) for fiscal year 2009 and each fiscal year 
                thereafter, the amount that is equal to 90 percent of 
                the full funding amount for the preceding fiscal year.
            ``(12) Income adjustment.--The term `income adjustment' 
        means the square of the quotient obtained by dividing--
                    ``(A) the per capita personal income for each 
                eligible county; by
                    ``(B) the median per capita personal income of all 
                eligible counties.
            ``(13) Per capita personal income.--The term `per capita 
        personal income' means the most recent per capita personal 
        income data, as determined by the Bureau of Economic Analysis.
            ``(14) Safety net payments.--The term `safety net payments' 
        means the special payment amounts paid 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).
            ``(15) Secretary concerned.--The term `Secretary concerned' 
        means--
                    ``(A) the Secretary of Agriculture or the designee 
                of the Secretary of Agriculture with respect to the 
                Federal land described in paragraph (7)(A); and
                    ``(B) the Secretary of the Interior or the designee 
                of the Secretary of the Interior with respect to the 
                Federal land described in paragraph (7)(B).
            ``(16) State payment.--The term `State payment' means the 
        payment for an eligible State calculated under subsection (b).
            ``(17) 25-percent payment.--The term `25-percent payment' 
        means the payment 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).
    ``(b) Calculation of State Payment Amount.--For each of fiscal 
years 2008 through 2012, the Secretary of Agriculture shall calculate 
for each eligible State an amount equal to the sum of the products 
obtained by multiplying--
            ``(1) the adjusted share for each eligible county within 
        the eligible State; by
            ``(2) the full funding amount for the fiscal year.
    ``(c) Calculation of County Payment Amount.--For each of fiscal 
years 2008 through 2012, the Secretary of the Interior shall calculate 
for each eligible county that received a 50-percent payment during the 
eligibility period an amount equal to the product obtained by 
multiplying--
            ``(1) the 50-percent adjusted share for the eligible 
        county; by
            ``(2) the full funding amount for the fiscal year.
    ``(d) Payment Amounts for Eligible States.--The Secretary of the 
Treasury shall pay to each eligible State or Territory an amount equal 
to the sum of the amounts elected under subsection (f) by each county 
within the eligible State or Territory for--
            ``(1) if the county is eligible for the 25-percent payment, 
        the share of the 25-percent payment; or
            ``(2) the share of the State payment of the eligible 
        county.
    ``(e) Payment Amounts for Eligible Counties.--The Secretary of the 
Treasury shall pay to each eligible county an amount equal to the 
amount elected under subsection (f) by the county for--
            ``(1) if the county is eligible for the 50-percent payment, 
        the 50-percent payment; or
            ``(2) the county payment for the eligible county.
    ``(f) Election To Receive Payment Amount.--
            ``(1) Election; submission of results.--
                    ``(A) In general.--The election to receive a share 
                of the State payment, the county payment, a share of 
                the State payment and the county payment, a share of 
                the 25-percent payment, the 50-percent payment, or a 
                share of the 25-percent payment and the 50-percent 
                payment, as applicable, shall be made at the discretion 
                of each affected county by August 1, 2008, and 
                thereafter in accordance with paragraph (2)(A), and 
                transmitted to the Secretary concerned by the Governor 
                of each eligible State.
                    ``(B) Failure to transmit.--If an election for an 
                affected county is not transmitted to the Secretary 
                concerned by the date specified under subparagraph (A), 
                the affected county shall be considered to have elected 
                to receive a share of the State payment, the county 
                payment, or a share of the State payment and the county 
                payment, as applicable.
            ``(2) Duration of election.--
                    ``(A) In general.--A county election to receive a 
                share of the 25-percent payment or 50-percent payment, 
                as applicable, shall be effective for 2 fiscal years.
                    ``(B) Full funding amount.--If a county elects to 
                receive a share of the State payment or the county 
                payment, the election shall be effective for all 
                subsequent fiscal years through fiscal year 2012.
    ``(g) Source of Payment Amounts.--The payment to an eligible State 
or eligible county under this section for a fiscal year shall be 
derived from--
            ``(1) any revenues, fees, penalties, or miscellaneous 
        receipts, exclusive of deposits to any relevant trust fund, 
        special account, or permanent operating funds, received by the 
        Federal Government from activities by the Bureau of Land 
        Management or the Forest Service on the applicable Federal 
        land;
            ``(2) for fiscal year 2008, any funds appropriated to carry 
        out this section; and
            ``(3) to the extent of any shortfall, out of any amounts in 
        the Treasury of the United States not otherwise appropriated.
    ``(h) Distribution and Expenditure of Payments.--
            ``(1) Distribution method.--A State that receives a payment 
        under this section shall distribute the appropriate payment 
        amount among the appropriate counties in the State in 
        accordance with--
                    ``(A) the act of May 23, 1908 (16 U.S.C. 500); and
                    ``(B) section 13 of the Act of March 1, 1911 (36 
                Stat. 963; 16 U.S.C. 500).
            ``(2) Expenditure purposes.--Payments received by a State 
        under this section and distributed to counties in accordance 
        with paragraph (1), and payments received by an eligible county 
        under this section, shall be expended in the same manner in 
        which 25-percent payments or 50-percent payments, as 
        applicable, are required to be expended. Those counties 
        electing to receive a share of the State payment, the county 
        payment, or a share of the State Payment and the county 
        payment, shall reserve not less than 15 percent of the amount 
        received for expenditure in accordance with titles II and III 
        of the Secure Rural Schools and Community Self-Determination 
        Act of 2000 (15 U.S.C. 500 note; Public Law 106-393).
    ``(i) Time for Payment.--The payments required under this section 
for a fiscal year shall be made as soon as practicable after the end of 
that fiscal year.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 69 of title 31, United States Code, is amended by adding at the 
end the following new item:

``6908. Secure rural schools transition payments.''.

SEC. 4. SPECIAL REQUIREMENTS REGARDING TRANSITION PAYMENTS TO THE 
              STATES OF CALIFORNIA, OREGON, AND WASHINGTON.

    (a) Defintions.--In this section:
            (1) Adjusted amount.--The term ``adjusted amount'' means, 
        with respect to a covered State--
                    (A) for fiscal year 2008--
                            (i) the sum of the amounts paid for fiscal 
                        year 2006 under section 102(a)(2) of the Secure 
                        Rural Schools and Community Self-Determination 
                        Act of 2000 (16 U.S.C. 500 note; Public Law 
                        106-393), as in effect on September 29, 2006, 
                        for the eligible counties in the covered State 
                        that have elected under section 6908 of title 
                        31, United States Code, as added by section 3 
                        of this Act, to receive a share of the State 
                        payment for fiscal year 2008; and
                            (ii) the sum of the amounts paid for fiscal 
                        year 2006 under section 103(a)(2) of the Secure 
                        Rural Schools and Community Self-Determination 
                        Act of 2000 (16 U.S.C. 500 note; Public Law 
                        106-393), as in effect on September 29, 2006, 
                        for the eligible counties in the State of 
                        Oregon that have elected under section 6908 of 
                        title 31, United States Code, as added by 
                        section 3 of this Act, to receive the county 
                        payment for fiscal year 2008;
                    (B) for fiscal year 2009, 90 percent of--
                            (i) the sum of the amounts paid for fiscal 
                        year 2006 under such section 102(a)(2) for the 
                        eligible counties in the covered State that 
                        have elected under such section 6908 to receive 
                        a share of the State payment for fiscal year 
                        2009; and
                            (ii) the sum of the amounts paid for fiscal 
                        year 2006 under such section 103(a)(2) for the 
                        eligible counties in the State of Oregon that 
                        have elected under such section 6908 to receive 
                        the county payment for fiscal year 2009;
                    (C) for fiscal year 2010, 81 percent of--
                            (i) the sum of the amounts paid for fiscal 
                        year 2006 under such section 102(a)(2) for the 
                        eligible counties in the covered State that 
                        have elected under such section 6908 to receive 
                        a share of the State payment for fiscal year 
                        2010; and
                            (ii) the sum of the amounts paid for fiscal 
                        year 2006 under such section 103(a)(2) for the 
                        eligible counties in the State of Oregon that 
                        have elected under such section 6908 to receive 
                        the county payment for fiscal year 2010; and
                    (D) for fiscal year 2011, 73 percent of--
                            (i) the sum of the amounts paid for fiscal 
                        year 2006 under such section 102(a)(2) for the 
                        eligible counties in the covered State that 
                        have elected under such section 6908 to receive 
                        a share of the State payment for fiscal year 
                        2011; and
                            (ii) the sum of the amounts paid for fiscal 
                        year 2006 under such section 103(a)(2) for the 
                        eligible counties in the State of Oregon that 
                        have elected under such section 6908 to receive 
                        the county payment for fiscal year 2011.
            (2) Covered state.--The term ``covered State'' means each 
        of the States of California, Oregon, and Washington.
            (3) Eligible county.--The term ``eligible county'' has the 
        meaning given that term in section 6908 of title 31, United 
        States Code, as added by section 3 of this Act.
    (b) Transition Payments.--For each of fiscal years 2008 through 
2011, in lieu of the payment amounts that otherwise would have been 
made under section 6908 of title 31, United States Code, as added by 
section 3 of this Act, the Secretary of the Treasury shall pay the 
adjusted amount to each covered State and the eligible counties within 
the covered State, as applicable.
    (c) Distribution of Adjusted Amount in Oregon and Washington.--It 
is the intent of Congress that the method of distributing the payments 
under subsection (b) among the counties in the States of Oregon and 
Washington for each of the fiscal years 2008 through 2011 be in the 
same proportion that the payments were distributed to the eligible 
counties in fiscal year 2006.
    (d) Distribution of Payments in California.--The following payments 
shall be distributed among the eligible counties in the State of 
California in the same proportion that payments under section 102(a)(2) 
of the Secure Rural Schools and Community Self-Determination Act of 
2000 (16 U.S.C. 500 note; Public Law 106-393), as in effect on 
September 29, 2006, were distributed to the eligible counties for 
fiscal year 2006:
            (1) Payments to the State of California under subsection 
        (b).
            (2) The shares of the eligible counties of the State 
        payment for California under section 6908 of title 31, United 
        States Code, as added by section 3 of this Act, for fiscal year 
        2011.
    (e) Treatment of Payments.--Any payment made under subsection (b) 
shall be considered to be a payment made under section 6908 of title 
31, United States Code, as added by section 3 of this Act, except that 
each eligible county receiving a payment under such subsection or a 
portion of such payment under subsection (c) or (d) shall reserve not 
less than 15 percent of the amount received for expenditure in 
accordance with titles II and III of the Secure Rural Schools and 
Community Self-Determination Act of 2000 (16 U.S.C. 500 note; Public 
Law 106-393).

SEC. 5. OFFSETTING RECEIPTS.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Interior and the Secretary 
of Agriculture shall promulgate regulations to establish new fees or 
fee increases for commercial activities on Federal lands, National 
Forest System lands, and National Grasslands administered by the 
respective Secretary. Such fee or fee increases shall apply to any 
commercial lease or activity that is in effect on the date final 
regulations are promulgated under the subsection or that is issued 
thereafter.
    (b) Amount.--The amount of fees shall, in aggregate, result in the 
receipt by the United States of a total of $4,025,000 by October 1, 
2012.
    (c) Offsetting Receipts.--New fees or the portion of revenue 
generated from increased fees received by the United States under this 
section shall be treated as offsetting receipts for the purposes of 
this Act.
                                 <all>