[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 901 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 901

To establish the Oregon Task Force on Sustainable Revenue for Counties, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2009

Mr. Merkley (for himself and Mr. Wyden) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Oregon Task Force on Sustainable Revenue for Counties, 
                        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 ``Sustainable Revenue for Oregon 
Counties Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) more than half of the land in the State of Oregon is 
        owned by the Federal Government;
            (2) in many counties of the State, significant portions of 
        the land of the counties (often significantly more than half of 
        the land of the counties) is owned by the Federal Government;
            (3) the land described in paragraph (2) includes Forest 
        Service land and Oregon and California grant land;
            (4) the counties described in paragraph (2) are unable to 
        derive revenue from property taxes on land owned by the Federal 
        Government;
            (5) historically, payments made by the Federal Government 
        based on revenues from harvesting timber (including Oregon and 
        California grant land and Forest Service payments) have 
        provided a revenue substitute for property taxes;
            (6) the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 500 note; Public Law 106-
        393) augmented the payments described in paragraph (5) because 
        of a significant decline in timber harvest revenues;
            (7) Congress extended the payments described in paragraph 
        (6) for 1 year in 2007, and for 4 years effective beginning in 
        2008, to provide time to develop a long-term sustainable 
        alternative to the payments described in paragraph (6);
            (8) the prospects for a long-term extension are uncertain 
        because of concerns regarding Federal budget deficits and long-
        term financial assistance to local governments of the State;
            (9) counties of the State that have historically received 
        the payments described in paragraph (5) are in need of a 
        sustainable, long-term revenue source;
            (10) there are opportunities for the conduct of activities 
        in the Federal forest land of the counties of the State that 
        could be structured to be economically and environmentally 
        sustainable, including--
                    (A) the harvesting of timber (including thinning to 
                restore forest health) in a sustainable manner and in 
                sustainable quantities;
                    (B) the removal of biomass material from the forest 
                land for--
                            (i) the generation of electricity; and
                            (ii) the production of cellulosic biofuels;
                    (C) the conduct of activities that could--
                            (i) increase the sequestration by the 
                        forest land of atmospheric carbon; or
                            (ii) provide other ecosystem services for 
                        communities, such as clean water; and
                    (D) the conduct of recreational activities;
            (11) other sources of revenue, including State and local 
        revenue sources, should also be considered in selecting a 
        sustainable, long-term revenue source; and
            (12) payments made by the Federal Government could be 
        continued under a variety of different payment methodologies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Secretaries concerned.--The term ``Secretaries 
        concerned'' means--
                    (A) the Secretary of Agriculture; and
                    (B) the Secretary of the Interior.
            (2) State.--The term ``State'' means the State of Oregon.
            (3) Task force.--The term ``Task Force'' means the Oregon 
        Task Force on Sustainable Revenue for Counties established by 
        section 4(a).

SEC. 4. TASK FORCE.

    (a) Establishment.--There is established a task force to be known 
as the ``Oregon Task Force on Sustainable Revenue for Counties''.
    (b) Membership.--
            (1) Composition.--The Task Force shall be composed of 15 
        members, of whom--
                    (A) 4 members shall be appointed by the Secretaries 
                concerned, of whom--
                            (i) each shall represent a county of the 
                        State; and
                            (ii) 2 shall represent counties in which 
                        there is located Oregon and California grant 
                        land;
                    (B) 1 member shall be appointed by the Governor of 
                the State as the representative of the Governor of the 
                State;
                    (C) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in 
                economics (including natural resource economics);
                    (D) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in 
                sustainable forestry practices;
                    (E) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in 
                scientific and economic aspects of biomass energy;
                    (F) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in the 
                scientific aspects of ecosystem services that are 
                provided by temperate forests (including, at a minimum, 
                the scientific aspects of carbon sequestration);
                    (G) 1 member shall be appointed by the Secretaries 
                concerned from among persons who are experts in fields 
                relating to wildlife habitat, endangered species, and 
                biodiversity;
                    (H) 1 member shall be appointed by the Secretaries 
                concerned as a representative of the forest products 
                industry located in the State;
                    (I) 1 member shall be appointed by the Secretaries 
                concerned as a representative of regionally or locally 
                recognized conservation organizations located in the 
                State;
                    (J) 1 member shall be appointed by the Secretaries 
                concerned as a representative of--
                            (i) organized labor; or
                            (ii) nontimber forest product harvester 
                        groups;
                    (K) 1 member shall be appointed by the Secretaries 
                concerned as a representative of persons who 
                participate in or provide recreational activities or 
                are engaged in related activities; and
                    (L) 1 member shall be appointed by the Secretaries 
                concerned as a representative of Indian tribes that are 
                located in the State.
            (2) Date of appointments.--The appointment of a member of 
        the Task Force shall be made not later than 60 days after the 
        date of enactment of this Act.
    (c) Term; Vacancies.--
            (1) Term.--A member shall be appointed for the life of the 
        Task Force.
            (2) Vacancies.--A vacancy on the Task Force--
                    (A) shall not affect the powers of the Task Force; 
                and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (d) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Task Force have been appointed, the Task Force 
shall hold the initial meeting of the Task Force.
    (e) Meetings.--
            (1) In general.--The Task Force shall meet at the call of 
        the Chairperson.
            (2) Public access.--Each meeting of the Task Force shall be 
        open to the public.
    (f) Quorum.--A majority of the members of the Task Force shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chairperson and Vice Chairperson.--The Task Force shall select 
a Chairperson and Vice Chairperson from among the members of the Task 
Force.

SEC. 5. DUTIES.

    (a) Consideration and Review of Revenue Sources.--
            (1) In general.--The Task Force shall consider and review 
        concepts for the establishment of a long-term revenue source 
        for counties located in the State that have historically 
        received Federal funds.
            (2) Revenue sources.--In conducting the consideration and 
        review under paragraph (1), in accordance with paragraph (3), 
        the Task Force shall consider--
                    (A) revenue sources proposed by relevant 
                legislation or administrative actions;
                    (B) payments based on timber harvests (including 
                thinning to restore forest health) carried out at 
                sustainable levels;
                    (C) payments based on revenues that each county of 
                the State could have received through property taxation 
                if the land owned by the Federal Government located in 
                the county was privately held and subject to a property 
                tax;
                    (D) revenue based on--
                            (i) a portion of the proceeds from sales of 
                        material collected from public land located in 
                        the State for the production of biomass 
                        electricity or cellulosic liquid transportation 
                        fuels;
                            (ii) user fees for recreational activities 
                        carried out on public land located in the 
                        State;
                            (iii) payments for increases in carbon 
                        sequestration; and
                            (iv) land exchanges or transfers that could 
                        provide compensation for nontaxable Federal 
                        land located in counties of the State;
                    (E) local sources of revenue that could be used to 
                reduce or eliminate the reliance of counties of the 
                State on Federal funds (including taxes, user fees, or 
                economic development activities that could increase the 
                revenue base of the counties of the State);
                    (F) payments made by the Federal Government to the 
                counties of the State, including--
                            (i) guaranteed payments that are to be 
                        established at a reduced level and not based on 
                        timber harvest revenues; and
                            (ii) guaranteed payments that are to be 
                        established--
                                    (I) at a level similar to the level 
                                of payments reauthorized in 2008;
                                    (II) in part by timber harvest 
                                revenues; and
                                    (III) with the use of additional 
                                Federal funds to the extent that timber 
                                harvest revenues described in subclause 
                                (II) do not meet the guaranteed level 
                                of payment; and
                    (G) any other revenue source that the Task Force 
                determines to be appropriate for consideration and 
                review.
            (3) Factors.--In considering each revenue source under 
        paragraph (2), the Task Force shall take into account--
                    (A) the long-term sustainability of each revenue 
                source considered under paragraph (2);
                    (B) the relative value, long-term sustainability, 
                and any other implication of the relative reliance of 
                the counties of the State on revenues arising from 
                Federal forests located in the counties, as compared to 
                other local revenue sources;
                    (C) the potential long-term effects of each revenue 
                source considered under paragraph (2) on the economies 
                of the counties of the State;
                    (D) revenue sources that are used by other cities 
                or counties of the State;
                    (E) the environmental effects of each revenue 
                source considered under paragraph (2);
                    (F) the effect of each revenue source considered 
                under paragraph (2) on local revenue streams and county 
                services; and
                    (G) comments submitted to the Task Force by a 
                stakeholder relating to any issue or proposal 
                considered by the Task Force.
    (b) Hearings.--
            (1) In general.--The Task Force shall hold such hearings, 
        meet and act at such times and places, take such testimony, and 
        receive such evidence as the Task Force considers advisable to 
        receive the input and determine the opinions of the public and 
        stakeholders with respect to the establishment of a 
        sustainable, long-term revenue source for the counties of the 
        State.
            (2) Incorporation of public and stakeholder input.--In 
        preparing the report required under subsection (c), the Task 
        Force shall incorporate into the recommendations of the Task 
        Force required under subsection (c)(2), to the maximum extent 
        practicable, the public and stakeholder input received under 
        paragraph (1).
    (c) Report.--Not later than 9 months after the date of enactment of 
this Act, the Task Force shall submit to the Committee on Natural 
Resources of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report that contains--
            (1) a detailed statement of the findings and conclusions of 
        the Task Force;
            (2) a description of not less than 2 policy scenarios for 
        providing sustainable revenue to the counties of the State that 
        are recommended by not less than \3/5\ of the members of the 
        Task force for consideration by the Federal Government, the 
        State, and the counties of the State as the Task Force 
        considers appropriate (including such legislation and 
        administrative actions necessary to implement each policy 
        scenario);
            (3) a description of the opinion of each member of the Task 
        Force regarding each policy scenario described in paragraph 
        (2);
            (4) a description of the minority views of each member of 
        the Task Force who does not support any policy scenario 
        described in paragraph (2);
            (5) a description of each revenue source considered but not 
        recommended by the Task Force under paragraph (2), including--
                    (A) an explanation of each reason why the Task 
                Force did not recommend the policy scenario; and
                    (B) a description of the minority views of each 
                member of the Task Force relating to the decision by 
                the Task Force not to recommend the policy scenario; 
                and
            (6) a summary of comments received by the Task Force under 
        subsections (a)(3)(G) and (b)(1).
    (d) Required Hearings.--Not later than 60 days after the date on 
which each committee described in subsection (c) receives the report 
required under that subsection, each committee shall hold a hearing to 
evaluate the recommendations contained in the report.

SEC. 6. POWERS.

    (a) Information From Federal Agencies.--
            (1) In general.--The Task Force may secure directly from a 
        Federal agency such information as the Task Force considers 
        necessary to carry out this Act.
            (2) Provision of information.--On request of the 
        Chairperson of the Task Force, the head of the agency shall 
        provide the information to the Task Force.
    (b) Postal Services.--The Task Force may use the United States 
mails in the same manner and under the same conditions as other 
agencies of the Federal Government.
    (c) Gifts.--The Task Force may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 7. TASK FORCE PERSONNEL MATTERS.

    (a) Compensation of Members.--Each member of the Task Force shall 
serve without compensation.
    (b) Travel Expenses.--A member of the Task Force shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Task Force.
    (c) Detail of Federal Government Employees.--
            (1) In general.--An employee of the Federal Government may 
        be detailed to the Task Force without reimbursement.
            (2) Civil service status.--The detail of the employee shall 
        be without interruption or loss of civil service status or 
        privilege.
    (d) Procurement of Temporary and Intermittent Services.--The 
Chairperson of the Task Force may procure temporary and intermittent 
services in accordance with section 3109(b) of title 5, United States 
Code, at rates for individuals that do not exceed the daily equivalent 
of the annual rate of basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act, to remain available until expended.

SEC. 9. TERMINATION OF TASK FORCE.

    The Task Force shall terminate 120 days after the date on which the 
Task Force submits the report of the Task Force under section 5(c).
                                 <all>