1.This Act may be cited as the
Sustainable Revenue for Oregon
Counties Act of 2009
.
2.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.
3.In this Act:
(1)The term Secretaries concerned
means—
(A)the Secretary of
Agriculture; and
(B)the Secretary of
the Interior.
(2)The
term State means the State of Oregon.
(3)The term Task Force means the Oregon Task
Force on Sustainable Revenue for Counties established by section 4(a).
4.
(a)There
is established a task force to be known as the Oregon Task Force on
Sustainable Revenue for Counties
.
(b)
(1)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)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)
(1)A
member shall be appointed for the life of the Task Force.
(2)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)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)
(1)The Task Force shall meet at the call of the
Chairperson.
(2)Each meeting of the Task Force shall be open to the
public.
(f)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 ChairpersonThe Task Force shall select a Chairperson and
Vice Chairperson from among the members of the Task Force.
5.
(a)Consideration
and review of revenue sources
(1)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)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)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)
(1)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 inputIn 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)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)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.
6.
(a)Information
from Federal agencies
(1)The Task Force may secure directly from a Federal agency
such information as the Task Force considers necessary to carry out this
Act.
(2)On request of the Chairperson of the Task Force, the
head of the agency shall provide the information to the Task Force.
(b)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)The
Task Force may accept, use, and dispose of gifts or donations of services or
property.
7.Task Force
personnel matters
(a)Each member of the Task Force shall serve without
compensation.
(b)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)An employee of the Federal Government may be detailed to
the Task Force without reimbursement.
(2)The detail of the employee shall be without interruption
or loss of civil service status or privilege.
(d)Procurement of
temporary and intermittent servicesThe 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.
8.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this Act,
to remain available until expended.
9.Termination of
Task ForceThe 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).