[Congressional Record Volume 146, Number 108 (Thursday, September 14, 2000)]
[Senate]
[Pages S8596-S8600]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000

  On September 13, 2000, the Senate amended and passed S. 1608, as 
follows:

                                S. 1608

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Secure 
     Rural Schools and Community Self-Determination Act of 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.
Sec. 4. Conforming amendment.

  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 National 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.
Sec. 208. Allocation of proceeds.
Sec. 209. Termination of authority.

                       TITLE III--COUNTY PROJECTS

Sec. 301. Definitions.
Sec. 302. Use of county funds.
Sec. 303. Termination of authority.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Authorization of appropriations.
Sec. 402. Treatment of funds and revenues.
Sec. 403. Regulations.
Sec. 404. Conforming amendments.

    TITLE V--THE MINERAL REVENUE PAYMENTS CLARIFICATION ACT OF 2000

Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Amendment of the Mineral Leasing Act.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds the following:
       (1) The National Forest System, which is managed by the 
     United States Forest Service, was established in 1907 and has 
     grown to include approximately 192,000,000 acres of Federal 
     lands.
       (2) The public domain lands known as revested Oregon and 
     California Railroad grant lands and the reconveyed Coos Bay 
     Wagon Road grant lands, which are managed predominantly by 
     the Bureau of Land Management were returned to Federal 
     ownership in 1916 and 1919 and now comprise approximately 
     2,600,000 acres of Federal lands.
       (3) Congress recognized that, by its decision to secure 
     these lands in Federal ownership, the counties in which these 
     lands are situated would be deprived of revenues they would 
     otherwise receive if the lands were held in private 
     ownership.
       (4) 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 predicable 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; and
       (G) reestablishment of native species; and
       (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 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 lands as 
     are or may hereafter come under the jurisdiction of the 
     Department of the Interior, which have heretofore or may 
     hereafter be classified as timberlands, and power-site lands 
     valuable for timber, that shall be managed, except as 
     provided in section 1181c of title 43, United States Code, 
     for permanent forest production.
       (2) Eligibility period.--The term ``eligibility period'' 
     means fiscal year 1986 through fiscal year 1999.
       (3) Eligible county.--The term ``eligible county'' means a 
     county that received 50-percent payments for one or more 
     fiscal years of the eligibility period or a county 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 established after the date of the 
     enactment of this Act so long as the county includes all or a 
     portion of a county 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 as amended (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

[[Page S8597]]

     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 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).

     SEC. 4. CONFORMING AMENDMENT.

       Section 6903(a)(1)(C) of title 31, United States Code, is 
     amended by adding after ``(16 U.S.C. 500)'' the following: 
     ``or the Secure Rural Schools and Community Self-
     Determination Act of 2000''.

  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.--For fiscal years 2001 through 2006, 
     the Secretary of the Treasury shall calculate for each 
     eligible State that received a 25-percent payment during the 
     eligibility period an amount equal to the average of the 
     three highest 25-percent payments and safety net payments 
     made to that eligible State for the fiscal years of the 
     eligibility period.
       (2) Bureau of land management (blm) counties.--For fiscal 
     years 2001 through 2006, 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 the 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 50 percent of the 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) Payment Amounts.--The Secretary of the Treasury shall 
     pay an eligible State the sum of the amounts elected under 
     subsection (b) by each eligible county for either--
       (1) the 25-percent payment under the Act of May 23, 1908, 
     as amended (16 U.S.C. 500), or
       (2) the full payment amount in place of the 25-percent 
     payment.
       (b) Election to Receive Payment Amount.--(1) The election 
     to receive either the full payment amount or the 25-percent 
     payment shall be made at the discretion of each affected 
     county and transmitted to the Secretary by the Governor of a 
     State.
       (2) A county election to receive the 25-percent payment 
     shall be effective for two fiscal years.
       (3) When a county elects to receive the full payment 
     amount, such election shall be effective for all the 
     subsequent fiscal years through fiscal year 2006.
       (4) The payment to an eligible State under this subsection 
     for a fiscal year shall be derived 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 section 3(1)(A) and to the 
     extent of any shortfall, out of any funds in the Treasury not 
     otherwise appropriated.
       (c) Distribution and Expenditure of Payments.--
       (1) Distribution method.--A State that receives a payment 
     under subsection (b) shall distribute the payment among all 
     eligible counties in the State in accordance with the Act of 
     May 23, 1908, as amended.
       (2) Expenditure purposes.--Subject to subsection (d), 
     payments received by a State under subsection (b) and 
     distributed to eligible counties shall be expended as 
     required by section 500 of title 16, United States Code.
       (d) Expenditure Rules for Eligible Counties.--
       (1) In general.--If an eligible county elects to receive 
     its share of the full payment amount--
       (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--
       (i) be reserved for projects in accordance with title II;
       (ii) be spent in accordance with title III; or
       (iii) be returned to the General Treasury in accordance 
     with section 402(b).
       (2) Distribution of funds.--(A) Funds reserved by an 
     eligible county under paragraph (1)(B)(i) 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.
       (B) Funds reserved by an eligible county under paragraph 
     (1)(B)(ii) shall be available for expenditure by the county 
     and shall remain available, until expended, in accordance 
     with title III.
       (3) Election.--
       (A) In 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 (b) in 
     the same manner in which the 25-percent payments are required 
     to be expended, and shall remit the balance to the Treasury 
     of the United States in accordance with section 402(b).
       (B) Counties with minor distributions.--Notwithstanding any 
     adjustment made pursuant to section 101 (b) in the case of 
     each eligible county to which less than $100,000 is 
     distributed for any fiscal year pursuant to subsection (b), 
     the eligible county may elect to expend all such funds in 
     accordance with subsection (c)(2).

     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) Payment.--The Secretary of the Treasury shall pay an 
     eligible county either--
       (1) the 50-percent payment under the Act of August 28, 
     1937, as amended (43 U.S.C. 1181f) or the Act of May 24, 1939 
     (43 U.S.C. 1181f-1) as appropriate, or
       (2) the full payment amount in place of the 50-percent 
     payment.
       (b) Election to Receive Payment Amount.--(1) The election 
     to receive the full payment amount 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 through fiscal year 
     2006.
       (2) The payment to an eligible county under this subsection 
     for a fiscal year shall be derived from any revenues, fees, 
     penalties, or miscellaneous receipts, exclusive of deposits 
     to any relevant trust fund, or permanent operating funds, 
     received by the Federal Government from activities by the 
     Bureau of Land Management on the Federal lands described in 
     section 3(1)(B) and to the extent of any shortfall, out of 
     any funds in the Treasury not otherwise appropriated.
       (c) Expenditure Rules for Eligible Counties.--
       (1) In general.--Of the funds to be paid to an eligible 
     county pursuant to subsection (b)--
       (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--
       (i) be reserved for projects in accordance with title II;
       (ii) be spent in accordance with title III; or
       (iii) be returned to the General Treasury in accordance 
     with section 402(b).
       (2) Distribution of funds.--(A) Funds reserved by an 
     eligible county under paragraph (1)(B)(i) 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.
       (B) Funds reserved by an eligible county under paragraph 
     (1)(B)(ii) shall be available for expenditure by the county 
     and shall remain available, until expended, in accordance 
     with title III.
       (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 (b). 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 received under subsection 
     (b) in the same manner in which the 50-percent payments are 
     required to be expended and shall remit the balance to the 
     Treasury of the United States in accordance with section 
     402(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(b)(1) or 
     103(b)(1); and
       (B) elects under section 102(d)(1)(B)(i) or 103(c)(1)(B)(i) 
     to expend a portion of those funds in accordance with this 
     title.
       (2) Project funds.--The term ``project funds'' means all 
     funds an eligible county elects under sections 
     102(d)(1)(B)(i) and 103(c)(1)(B)(i) to reserve 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) or a land and resource management plan prepared by the 
     Forest Service for units of the National Forest System 
     pursuant to section 6

[[Page S8598]]

     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 Federal land and on non-Federal land where 
     projects would benefit these resources on Federal land.

     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 through fiscal 
     year 2006, each resource advisory committee 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, or 
     from the private sector, 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 and identifies the positive or negative 
     impacts of the project, implementation, and provides for 
     validation monitoring. The monitoring plan shall include an 
     assessment of the following: Whether or not the project met 
     or exceeded desired ecological conditions; 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.--Projects proposed under 
     subsection (a) shall be consistent with section 2(b).

     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.
       (5) The project will improve the maintenance of existing 
     infrastructure, implement stewardship objectives that enhance 
     forest ecosystems, and restore and improve land health and 
     water quality.
       (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 203, 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, using project funds 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.
       (A) Establishment.--The Secretary concerned shall establish 
     a pilot program regarding the sale of merchantable material 
     under this title. Such a program shall ensure that, on an 
     annual basis, no less than 75 percent of all projects 
     involving merchantable material shall be implemented using 
     separate contracts for--
       (i) the harvesting or collection of merchantable material; 
     and
       (ii) the sale of such material.
       (B) Duration and extent.--(i) The Secretary concerned shall 
     ensure that, on an annual basis beginning in fiscal year 
     2001, no less than 75 percent of projects involving 
     merchantable material shall be included in the pilot program.
       (ii) Not later than September 30, 2003, the General 
     Accounting Office (GAO) shall submit a report to the Senate 
     Energy and Natural Resources Committee, the House of 
     Representatives Agriculture Committee and the House of 
     Representatives Resources Committee assessing the pilot 
     program.
       (iii) If the GAO determines that the pilot program is 
     ineffective at that time, then the Secretary concerned shall 
     ensure that, on an annual basis beginning in fiscal year 
     2004, no less than 50 percent of projects involving 
     merchantable material shall be implemented using separate 
     contracts.
       (f) Requirements for Project Funds.--The Secretary shall 
     ensure that at least 50 percent of all project funds be used 
     for projects that are primarily dedicated to the following 
     purposes--
       (1) road maintenance, decommissioning or obliteration; and
       (2) restoration of streams and watersheds.

     SEC. 205. RESOURCE ADVISORY COMMITTEES.

       (a) Establishment and Purpose of Resource Advisory 
     Committees.--
       (1) Establishment.--The Secretary concerned shall establish 
     and maintain resource advisory committees to perform the 
     duties in subsection (b), except as provided in paragraph 
     (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

[[Page S8599]]

     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 this 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 under this title and under 
     title III by participating counties and other persons;
       (2) propose projects and funding to the Secretary concerned 
     under section 203 and to the participating county under title 
     III;
       (3) provide early and continuous coordination with 
     appropriate land management agency officials in recommending 
     projects consistent with purposes of this Act under this 
     title and title III; 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 
     process under this title and title III.
       (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 
     three 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 proposing projects to the Secretary concerned under this 
     title and the participating county under title III. 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), or 
     to the participating county under section 302, if it has been 
     approved by a majority of members of the committee from each 
     of the three categories in subsection (d)(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 multiyear 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 
     project funds, or other funds described in section 203(a)(2), 
     the Secretary concerned shall transfer to the applicable unit 
     of National Forest System 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 multiyear 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 multiyear projects.--For the 
     second and subsequent fiscal years of a multiyear 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 fiscal 
     years are not available.

     SEC. 207. AVAILABILITY OF PROJECT FUNDS.

       (a) Submission of Proposed Projects to Obligate Funds.--By 
     September 30 of each fiscal year through fiscal year 2006, 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.--Subject to 
     section 209, 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.
       (c) Effect of Rejection of Projects.--Subject to section 
     209, 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 under 
     this Act is enjoined or prohibited by a Federal court, 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(d)(1)(B) or 
     103(c)(1)(B), whichever applies to the funds involved.

     SEC. 208. ALLOCATION OF PROCEEDS.

       The proceeds from any joint project under section 203(a)(3) 
     using both Federal and non-Federal funds shall be equitably 
     divided between the Treasury of the United States and

[[Page S8600]]

     the non-Federal funding source in direct proportion to the 
     contribution of funds to the overall cost of the project.

     SEC. 209. TERMINATION OF AUTHORITY.

       The authority to initiate projects under this title shall 
     terminate on September 30, 2006. Any project funds not 
     obligated by September 30, 2007, shall be deposited in the 
     Treasury of the United States.

                       TITLE III--COUNTY PROJECTS

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Participating county.--The term ``participating 
     county'' means an eligible county that--
       (A) receives Federal funds pursuant to section 102(b)(1) or 
     103(b)(1); and
       (B) elects under section 102(d)(1)(B)(ii) or 
     103(c)(1)(B)(ii) to expend a portion of those funds in 
     accordance with this title.
       (2) County funds.--The term ``county funds'' means all 
     funds an eligible county elects under sections 
     102(d)(1)(B)(ii) and 103(c)(1)(B)(ii) to reserve for 
     expenditure in accordance with this title.

     SEC. 302. USE OF COUNTY FUNDS.

       (a) Limitation of County Fund Use.--County funds shall be 
     expended solely on projects that meet the requirements of 
     this title and section 205 of this Act; except that: The 
     projects shall be approved by the participating county rather 
     than the Secretary concerned.
       (b) Authorized Uses.--
       (1) Search, rescue, and emergency services.--An eligible 
     county or applicable sheriff's department may use these funds 
     as reimbursement for search and rescue and other emergency 
     services, including fire fighting, performed on Federal lands 
     and paid for by the county.
       (2) Community service work camps.--An eligible county may 
     use these funds as 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.
       (3) Easement purchases.--An eligible county may use these 
     funds to acquire--
       (A) easements, on a willing seller basis, to provide for 
     nonmotorized access to public lands for hunting, fishing, and 
     other recreational purposes;
       (B) conservation easements; or
       (C) both.
       (4) Forest related educational opportunities.--A county may 
     use these funds to establish and conduct forest-related after 
     school programs.
       (5) Fire prevention and county planning.--A county may use 
     these funds for--
       (A) efforts to educate homeowners in fire-sensitive 
     ecosystems about the consequences of wildfires and techniques 
     in home siting, home construction, and home landscaping that 
     can increase the protection of people and property from 
     wildfires; and
       (B) planning efforts to reduce or mitigate the impact of 
     development on adjacent Federal lands and to increase the 
     protection of people and property from wildfires.
       (6) Community forestry.--A county may use these funds 
     towards non-Federal cost-share provisions of section 9 of the 
     Cooperative Forestry Assistance Act (Public Law 95-313).

     SEC. 303. TERMINATION OF AUTHORITY.

       The authority to initiate projects under this title shall 
     terminate on September 30, 2006. Any county funds not 
     obligated by September 30, 2007 shall be available to be 
     expended by the county for the uses identified in section 
     302(b).

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

       There are hereby authorized to be appropriated such sums as 
     may be necessary to carry out this Act for fiscal years 2001 
     through 2006.

     SEC. 402. TREATMENT OF FUNDS AND REVENUES.

       (a) Funds appropriated pursuant to the authorization of 
     appropriations in section 401 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) All revenues generated from projects pursuant to title 
     II, any funds remitted by counties pursuant to section 
     102(d)(1)(B) or section 103(c)(1)(B), and any interest 
     accrued from such funds shall be deposited in the Treasury of 
     the United States.

     SEC. 403. REGULATIONS.

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

     SEC. 404. CONFORMING AMENDMENTS.

       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) are repealed.

    TITLE V--THE MINERAL REVENUE PAYMENTS CLARIFICATION ACT OF 2000

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Mineral Revenue Payments 
     Clarification Act of 2000''.

     SEC. 502. FINDINGS.

       The Congress finds the following:
       (1) Subtitle C of title X of the Omnibus Budget 
     Reconciliation Act of 1993 (Public Law 103-66) changed the 
     sharing of onshore mineral revenues and revenues from 
     geothermal steam from a 50:50 split between the Federal 
     Government and the States to a complicated formula that 
     entailed deducting from the State share of leasing revenues 
     ``50 percent of the portion of the enacted appropriations of 
     the Department of the Interior and any other agency during 
     the preceding fiscal year allocable to the administration of 
     all laws providing for the leasing of any onshore lands or 
     interest in land owned by the United States for the 
     production of the same types of minerals leasable under this 
     Act or of geothermal steam, and to enforcement of such laws . 
     . .''.
       (2) There is no legislative record to suggest a sound 
     public policy rationale for deducting prior-year 
     administrative expenses from the sharing of current-year 
     receipts, indicating that this change was made primarily for 
     budget scoring reasons.
       (3) The system put in place by this change in law has 
     proved difficult to administer and has given rise to disputes 
     between the Federal Government and the States as to the 
     nature of allocable expenses. Federal accounting systems have 
     proven to be poorly suited to breaking down administrative 
     costs in the manner required by the law. Different Federal 
     agencies implementing this law have used varying 
     methodologies to identify allocable costs, resulting in an 
     inequitable distribution of costs during fiscal years 1994 
     through 1996. In November 1997, the Inspector General of the 
     Department of the Interior found that ``the congressionally 
     approved method for cost sharing deductions effective in 
     fiscal year 1997 may not accurately compute the deductions''.
       (4) Given the lack of a substantive rationale for the 1993 
     change in law and the complexity and administrative burden 
     involved, a return to the sharing formula prior to the 
     enactment of the Omnibus Budget Reconciliation Act of 1993 is 
     justified.

     SEC. 503. AMENDMENT OF THE MINERAL LEASING ACT.

       Section 35(b) of the Mineral Leasing Act (30 U.S.C. sec. 
     191(b)) is amended to read as follows: ``(b) In determining 
     the amount of payments to the States under this section, the 
     amount of such payments shall not be reduced by any 
     administrative or other costs incurred by the United 
     States.''.

  Mr. DORGAN. Mr. President, I ask unanimous consent to speak in 
morning business for as much time as I consume.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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