[Congressional Record Volume 146, Number 125 (Tuesday, October 10, 2000)]
[House]
[Pages H9607-H9614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 2389) to restore stability and
predictability to the annual payments made to States and counties
containing National Forest System lands and public domain lands managed
by the Bureau of Land Management for use by the counties for the
benefit of public schools, roads, and other purposes.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
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 purposes.
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. 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--MINERAL REVENUE PAYMENTS CLARIFICATION
Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Amendment of the Mineral Leasing Act.
TITLE VI--COMMUNITY FOREST RESTORATION
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Purposes.
Sec. 604. Definitions.
Sec. 605. Establishment of program.
Sec. 606. Selection process.
Sec. 607. Monitoring and evaluation.
Sec. 608. Report.
Sec. 609. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(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 predictable payments to the
affected counties, job creation in those counties, and other
opportunities associated with restoration, maintenance, and
stewardship of Federal lands.
(14) Both the Forest Service and the Bureau of Land
Management face significant backlogs in infrastructure
maintenance and ecosystem restoration that are difficult to
address through annual appropriations.
(15) There is a need to build new, and strengthen existing,
relationships and to improve management of public lands and
waters.
(b) Purposes.--The purposes of this Act are as follows:
[[Page H9608]]
(1) To stabilize payments to counties to provide funding
for schools and roads that supplements other available funds.
(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.
(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 the former section 3 of the Act of August 28,
1937 (50 Stat. 875; 43 U.S.C. 1181c), 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 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).
(7) 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.).
(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 inserting 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 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
(16 U.S.C. 500), and section 13 of the Act of March 1, 1911
(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) Election; submission of results.--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) Duration of election.--A county election to receive the
25-percent payment shall be effective for two fiscal years.
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.
(3) Source of payment amounts.--The payment to an eligible
State under this section 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 (a) shall distribute the payment among all
eligible counties in the State in accordance with the Act of
May 23, 1908 (16 U.S.C. 500), and section 13 of the Act of
March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
(2) Expenditure purposes.--Subject to subsection (d),
payments received by a State under subsection (a) and
distributed to eligible counties shall be expended as
required by the laws referred to in paragraph (1).
(d) Expenditure Rules for Eligible Counties.--
(1) Allocations.--
(A) Use of portion in same manner as 25-percent payments.--
If an eligible county elects to receive its share of the full
payment amount, 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.
(B) Election as to use of balance.--An eligible county
shall elect to do one or more of the following with the
balance of the funds not expended pursuant to subparagraph
(A):
(i) Reserve the balance for projects in accordance with
title II.
(ii) Reserve the balance for projects in accordance with
title III.
(iii) Return the balance to the General Treasury in
accordance with section 402(b).
(2) Distribution of funds.--
(A) Treatment of title ii funds.--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) Treatment of title iii funds.--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 this section 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
(c)(1), the eligible county may elect to expend all such
funds in accordance with subsection (c)(2).
(e) Time for Payment.--The payment to an eligible State
under this section for a fiscal year shall be made as soon as
practicable after the end of that fiscal year.
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
(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 Full Payment Amount.--
(1) Election; duration.--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) Source of payment amounts.--The payment to an eligible
county under this section for a fiscal year shall be derived
from any revenues,
[[Page H9609]]
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) Allocations.--
(A) Use of portion in same manner as 50-percent payments.--
Of the funds to be paid to an eligible county pursuant to
subsection (a)(2), 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.
(B) Election as to use of balance.--An eligible county
shall elect to do one or more of the following with the
balance of the funds not expended pursuant to subparagraph
(A):
(i) Reserve the balance for projects in accordance with
title II.
(ii) Reserve the balance for projects in accordance with
title III.
(iii) Return the balance to the General Treasury in
accordance with section 402(b).
(2) Distribution of funds.--
(A) Treatment of title ii funds.--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) Treatment of title iii funds.--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.
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 (a)(2) 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).
(d) Time for Payment.--The payment to an eligible county
under this section for a fiscal year shall be made as soon as
practicable after the end of that fiscal year.
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 elects under section
102(d)(1)(B)(i) or 103(c)(1)(B)(i) to expend a portion of the
Federal funds received under section 102 or 103 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 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
(5) 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 lands
described in section 3(1)(A); and
(B) the Secretary of the Interior or the designee of the
Secretary of the Interior with respect to the Federal lands
described in section 3(1)(B).
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 by eligible
counties in the area in which the resource advisory committee
has geographic jurisdiction.
(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
[[Page H9610]]
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 material contracting pilot program.--
(A) Establishment.--The Secretary concerned shall establish
a pilot program to implement a certain percentage of approved
projects involving the sale of merchantable material using
separate contracts for--
(i) the harvesting or collection of merchantable material;
and
(ii) the sale of such material.
(B) Annual percentages.--Under the pilot program, the
Secretary concerned shall ensure that, on a nationwide basis,
not less than the following percentage of all approved
projects involving the sale of merchantable material are
implemented using separate contracts:
(i) For fiscal year 2001, 15 percent.
(ii) For fiscal year 2002, 25 percent.
(iii) For fiscal year 2003, 25 percent.
(iv) For fiscal year 2004, 50 percent.
(v) For fiscal year 2005, 50 percent.
(vi) For fiscal year 2006, 50 percent.
(C) Inclusion in pilot program.--The decision whether to
use separate contracts to implement a project involving the
sale of merchantable material shall be made by the Secretary
concerned after the approval of the project under this title.
(D) Assistance.--The Secretary concerned may use funds from
any appropriated account available to the Secretary for the
Federal lands to assist in the administration of projects
conducted under the pilot program. The total amount obligated
under this subparagraph may not exceed $1,000,000 for any
fiscal year during which the pilot program is in effect.
(E) Review and report.--Not later than September 30, 2003,
the Comptroller General shall submit to the Committee on
Agriculture, Nutrition, and Forestry of the Senate, the
Committee on Energy and Natural Resources of the Senate, the
Committee on Agriculture of the House of Representatives, and
the Committee on Resources of the House of Representatives a
report assessing the pilot program. The Secretary concerned
shall submit to such committees an annual report describing
the results of the pilot program.
(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--
(1) to road maintenance, decommissioning, or obliteration;
or
(2) to 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 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 subpart 1784 of part 1780 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 by
participating counties and other persons;
(2) propose projects and funding to the Secretary concerned
under section 203;
(3) provide early and continuous coordination with
appropriate land management agency officials in recommending
projects consistent with purposes of this Act under this
title; 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.
(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) archaeological 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 jurisdiction and, to extent practicable, the
Secretary concerned shall ensure local representation in each
category in paragraph (2).
(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. A quorum must be present to constitute an official
meeting of the committee.
(2) A project may be proposed by a resource advisory
committee to the Secretary concerned under section 203(a), if
it has been approved by a majority of members of the
committee from each of the three categories in subsection
(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
[[Page H9611]]
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 208, 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
208, 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 return the unobligated project
funds related to that project to 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)(i) or
103(c)(1)(B)(i), whichever applies to the funds involved.
SEC. 208. 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 elects under section
102(d)(1)(B)(ii) or 103(c)(1)(B)(ii) to expend a portion of
the Federal funds received under section 102 or 103 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 on County Fund Use.--County funds shall be
expended solely on projects that meet the requirements of
this title. A project under this title shall be approved by
the participating county only following a 45-day public
comment period, at the beginning of which the county shall--
(1) publish a description of the proposed project in the
publications of local record; and
(2) send the proposed project to the appropriate resource
advisory committee established under section 205, if one
exists for the county.
(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 requirements of section 9 of
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2105).
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) Relation to Other Appropriations.--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) Deposit of Revenues and Other Funds.--All revenues
generated from projects pursuant to title II, any funds
remitted by counties pursuant to section 102(d)(1)(B)(iii) or
section 103(c)(1)(B)(iii), 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--MINERAL REVENUE PAYMENTS CLARIFICATION
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) Section 10201 of the Omnibus Budget Reconciliation Act
of 1993 (Public Law 103-66; 107 Stat. 407) amended section 35
of the Mineral Leasing Act (30 U.S.C. 191) to change 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. 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.''.
TITLE VI--COMMUNITY FOREST RESTORATION
SEC. 601. SHORT TITLE.
This title may be cited as the ``Community Forest
Restoration Act''.
SEC. 602. FINDINGS.
The Congress finds the following:
(1) A century of fire suppression, logging, and livestock
grazing has altered the ecological balance of New Mexico's
forests.
(2) Some forest lands in New Mexico contain an unnaturally
high number of small diameter trees that are subject to
large, high intensity wildfires that can endanger human
lives, livelihoods, and ecological stability.
(3) Forest lands that contain an unnaturally high number of
small diameter trees have reduced biodiversity and provide
fewer benefits to human communities, wildlife, and
watersheds.
(4) Healthy and productive watersheds minimize the threat
of large, high intensity wildfires,
[[Page H9612]]
provide abundant and diverse wildlife habitat, and produce a
variety of timber and non-timber products including better
quality water and increased water flows.
(5) Restoration efforts are more successful when there is
involvement from neighboring communities and better
stewardship will evolve from more diverse involvement.
(6) Designing demonstration restoration projects through a
collaborative approach may--
(A) lead to the development of cost effective restoration
activities;
(B) empower diverse organizations to implement activities
which value local and traditional knowledge;
(C) build ownership and civic pride; and
(D) ensure healthy, diverse, and productive forests and
watersheds.
SEC. 603. PURPOSES.
The purposes of this title are--
(1) to promote healthy watersheds and reduce the threat of
large, high intensity wildfires, insect infestation, and
disease in the forests in New Mexico;
(2) to improve the functioning of forest ecosystems and
enhance plant and wildlife biodiversity by reducing the
unnaturally high number and density of small diameter trees
on Federal, Tribal, State, County, and Municipal forest
lands;
(3) to improve communication and joint problem solving
among individuals and groups who are interested in restoring
the diversity and productivity of forested watersheds in New
Mexico;
(4) to improve the use of, or add value to, small diameter
trees;
(5) to encourage sustainable communities and sustainable
forests through collaborative partnerships, whose objectives
are forest restoration; and
(6) to develop, demonstrate, and evaluate ecologically
sound forest restoration techniques.
SEC. 604. DEFINITIONS.
As used in this title--
(1) the term ``Secretary'' means the Secretary of
Agriculture acting through the Chief of the Forest Service;
and
(2) the term ``stakeholder'' includes: tribal governments,
educational institutions, landowners, and other interested
public and private entities.
SEC. 605. ESTABLISHMENT OF PROGRAM.
(a) Forest Restoration Program.--The Secretary shall
establish a cooperative forest restoration program in New
Mexico in order to provide cost-share grants to stakeholders
for experimental forest restoration projects that are
designed through a collaborative process (hereinafter
referred to as the ``Collaborative Forest Restoration
Program''). The projects may be entirely on, or on any
combination of, Federal, Tribal, State, County, or Municipal
forest lands. The Federal share of an individual project cost
shall not exceed 80 percent of the total cost. The 20-percent
matching may be in the form of cash or in-kind contribution.
(b) Eligibility Requirements.--To be eligible to receive
funding under this title, a project shall--
(1) address the following objectives--
(A) reduce the threat of large, high intensity wildfires
and the negative effects of excessive competition between
trees by restoring ecosystem functions, structures, and
species composition, including the reduction of non-native
species populations;
(B) re-establish fire regimes approximating those that
shaped forest ecosystems prior to fire suppression;
(C) preserve old and large trees;
(D) replant trees in deforested areas if they exist in the
proposed project area; and
(E) improve the use of, or add value to, small diameter
trees;
(2) comply with all Federal and State environmental laws;
(3) include a diverse and balanced group of stakeholders as
well as appropriate Federal, Tribal, State, County, and
Municipal government representatives in the design,
implementation, and monitoring of the project;
(4) incorporate current scientific forest restoration
information; and
(5) include a multiparty assessment to--
(A) identify both the existing ecological condition of the
proposed project area and the desired future condition; and
(B) report, upon project completion, on the positive or
negative impact and effectiveness of the project including
improvements in local management skills and on the ground
results;
(6) create local employment or training opportunities
within the context of accomplishing restoration objectives,
that are consistent with the purposes of this title,
including summer youth jobs programs such as the Youth
Conservation Corps where appropriate;
(7) not exceed 4 years in length;
(8) not exceed a total annual cost of $150,000, with the
Federal portion not exceeding $120,000 annually, nor exceed a
total cost of $450,000 for the project, with the Federal
portion of the total cost not exceeding $360,000;
(9) leverage Federal funding through in-kind or matching
contributions; and
(10) include an agreement by each stakeholder to attend an
annual workshop with other stakeholders for the purpose of
discussing the cooperative forest restoration program and
projects implemented under this title. The Secretary shall
coordinate and fund the annual workshop. Stakeholders may use
funding for projects authorized under this title to pay for
their travel and per diem expenses to attend the workshop.
SEC. 606. SELECTION PROCESS.
(a) After consulting with the technical advisory panel
established in subsection (b), the Secretary shall select the
proposals that will receive funding through the Collaborative
Forest Restoration Program.
(b) The Secretary shall convene a technical advisory panel
to evaluate the proposals for forest restoration grants and
provide recommendations regarding which proposals would best
meet the objectives of the Collaborative Forest Restoration
Program. The technical advisory panel shall consider
eligibility criteria established in section 605, the effect
on long-term management, and seek to use a consensus-based
decisionmaking process to develop such recommendations. The
panel shall be composed of 12 to 15 members, to be appointed
by the Secretary as follows:
(1) A State Natural Resource official from the State of New
Mexico.
(2) At least two representatives from Federal land
management agencies.
(3) At least one tribal or pueblo representative.
(4) At least two independent scientists with experience in
forest ecosystem restoration.
(5) Equal representation from--
(A) conservation interests;
(B) local communities; and
(C) commodity interests.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentleman from Texas (Mr. Stenholm)
each will control 20 minutes.
The Chair recognizes the gentleman from Virginia (Mr. Goodlatte).
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks on H.R. 2389, the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of H.R. 2389, the Secure Rural
Schools and Community Self-Determination Act of 2000. I want to
particularly commend the gentleman from Florida (Mr. Boyd), the
gentleman from Georgia (Mr. Deal), the gentleman from Oregon (Mr.
DeFazio), and the chairman of our committee, the gentleman from Texas
(Mr. Combest), as well as the ranking member, the gentleman from Texas
(Mr. Stenholm), for their dedicated efforts on this legislation.
I would also like to particularly single out members of the staff of
my subcommittee, Dave Tenny, of the full committee, and Brent Gattis of
my subcommittee, and Kevin Kramp, formerly of my subcommittee, as well
the staff on the Democratic side for very, very long, dedicated work to
get this legislation to this point.
This bill is landmark policy on two important fronts. First, it
provides critical funding for schoolchildren in hundreds of rural
communities all over America who have been left behind by the policies
of their own government. Second, it creates a new paradigm for local
citizen participation in the management of our Federal forest lands.
In 1908, our government made a promise to the people who live in and
around our Federal forests. The government promised to share the
economic bounty of these lands with the local people to sustain their
schools, their communities, and their way of life. This was a contract
to compensate these communities for the economic opportunities lost
because the Federal Government owned most of the land.
Now, 90 years later, the government has defaulted on this promise and
rural communities all over America are suffering. Federal policies have
eliminated the economic bounty from our Federal forest lands. As a
result, schools have cut their services to the bone and, in some cases,
closed their doors all together for lack of funding.
Families have been torn apart as parents are forced to work farther
and farther from home. Local infrastructure has disintegrated; and,
sadly, the primary victims of this tragedy have been schoolchildren,
children who have been left behind by their government while the rest
of America prospers.
The purpose of H.R. 2389 is to correct this wrong. By shoring up
Federal payments to rural forest communities, this legislation restores
our government's commitment to education in rural forest communities.
Significantly, and this is a very important point in this time of
intense debate on education in our country, the commitments made to
education in this bill come without strings attached.
That means when a county in Oregon or Arkansas or Pennsylvania or
Florida receives Federal support for education under this bill, the
local community, not the Federal Government,
[[Page H9613]]
will determine how that funding is best used. If local schools need
books, they can buy books. If they need additional teachers, they can
hire them. If they need to fix the roof on a school, they can do it.
This philosophy of Federal support coupled with local decision-making
should be a model for the Congress as we work to improve education in
our country.
H.R. 2389 also changes the way we approach Federal forest management.
For the first time, local communities will have a direct stake in the
management of our national forests. This has been one of the worst
wildfire seasons of the century, and the experts tell us that the worst
may be yet to come. This bill provides critical funding that counties
can leverage with private investments and Federal appropriations to
address fire risk head on.
Counties can also use this funding to restore watersheds, improve
fish and wildlife habitat, and enhance the overall health of our
forests. It establishes a framework for local collaboration that, if
successful, will replace the current centralized command and control
policy with a new and effective way to resolve forest management issues
at the local level using local expertise.
I urge the Members of this body to join me in taking this important
step today by sending H.R. 2389 to the President's desk. We can renew
the promise made to our rural forest communities back in 1908. We can
raise the hopes of rural school children all over America and begin the
process in earnest of helping them rebuild their homes and communities.
Join me in declaring a strong commitment to rural schools and rural
communities. Vote in favor of this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. STENHOLM. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 2389, the Secure Rural Schools
and Communities Self-Determination Act of 2000. H.R. 2389, when signed
by the President, will set in motion significant improvements in the
manner that the Federal Government fulfills its financial commitment to
rural counties located within the boundaries of our national forest
system.
The fulfillment of this commitment is even more critical today where
the county payments have declined considerably as a result of major
forest resource management policy changes. After 2 years of hard work,
we have before us compromise legislation that maintains the core
components of the Federal Government's payments system for forest
counties.
Mr. Speaker, the manner in which this Congress continues these
payments is critical to the future well-being of national forest health
and the economic stability of rural communities. This compromise
legislation is a step in the right direction. I urge all of my
colleagues to support final passage.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield 1 minute to the gentleman from
Oregon (Mr. Walden), who has also been a significant contributor to
this effort.
(Mr. Walden of Oregon asked and was given permission to revise and
extend his remarks.)
Mr. WALDEN of Oregon. Mr. Speaker, I thank the gentleman for yielding
me this time, and I want to commend the gentleman from Virginia and the
gentleman from Texas, as well as my colleagues from Oregon, in putting
together this very important legislation that will help our school
children and our counties who have been hurt tremendously by changes in
Federal policy.
Since 1908, rural counties adjacent to Forest Service and BLM forest
lands have received Federal funds for schools and roads based on the
revenue received from land management activities. Over the last decade,
as a result of sharp declines in revenues from these Federal forest
lands, many of these counties have been unable to fund essential
programs for their kids and to take care of their road maintenance and
infrastructure.
Mr. Speaker, this legislation goes a long way toward resolving that
problem and toward making the Federal Government a better neighbor and
certainly a better partner in the health of our communities in rural
America. I urge passage of this legislation.
Mr. STENHOLM. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from North Carolina (Mrs. Clayton.)
Mrs. CLAYTON. Mr. Speaker, I thank the gentleman from Texas for
yielding me this time and for his leadership, as well as the gentleman
from Virginia (Mr. Goodlatte) for his leadership.
Mr. Speaker, this is an opportunity to speak on a subject which is
dear to my heart, H.R. 2389, the Secure Rural Schools and Community
Self-Determination Act of 2000. We have spoken extensively about our
priorities to make schools safer, with smaller class sizes, skilled
teachers, the latest technology, excellent school facilities with the
proper books, lunch programs, and extracurricular activities. Yet we
have witnessed many schools lacking the funds needed to improve our
schools.
I not only live in rural America, but I represent a district which is
predominantly rural. I am aware of the great challenges counties face
in providing adequate funding for their schools. We know that in
addition to love and care from family members, schools are the
foundation for developing successful young people and strong vibrant
economies.
For decades now, counties received a 25 percent revenue from forest
receipts. These funds were used to help make their schools successful.
Unfortunately, these receipts have gradually dwindled. Federal forest
receipts in some counties have dropped more than 90 percent. This
decline has severely impacted the quality of education provided in the
affected rural counties. Many schools have been forced to do just the
opposite of what we were hoping to achieve: many teachers have been
laid off, and bus drivers, nurses and other employees have also faced a
similar fate.
We need to support H.R. 2389. A ``yes'' vote on H.R. 2389 will assist
these communities in providing an equitable and stable source of
funding in rural settings. By supporting this measure, we can be
assured we are doing all we can to assist communities by providing an
equitable and stable source of funding for schools in and near our
forest areas.
Mr. STENHOLM. Mr. Speaker, I yield such time as he may consume to the
gentleman from Oregon (Mr. DeFazio).
(Mr. DeFAZIO asked and was given permission to revise and extend his
remarks.)
Mr. DeFAZIO. Mr. Speaker, I rise in strong support of this long-
awaited vital legislation for our counties and schools.
I congratulate and thank all those who have been involved in this
landmark legislation. I urge my colleagues to support this and send it
to the President for his signature.
Mr. STENHOLM. Mr. Speaker, I yield such time as he may consume to the
gentleman from Florida (Mr. Boyd).
(Mr. BOYD asked and was given permission to revise and extend his
remarks.)
Mr. BOYD. Mr. Speaker, I thank the gentleman from Texas (Mr.
Stenholm), and also my partner, the gentleman from Virginia, the
chairman of the subcommittee, for his skill in which he has managed
this legislation.
Mr. Speaker, make no mistake that this is an education bill, a rural
education bill that is very important to many, many communities around
the country, including some communities in north Florida.
As we have heard described here today, a compact was made in 1908
with these communities when the forest lands were put into the
ownership of the Federal Government, and that compact has been broken.
This legislation will fix that compact again and make it work like it
is supposed to.
I know in my particular area, the way that compact was broken was the
fact that the Forest Service began to manage their timberlands in a
different way because of the protection of the habitat for the
endangered red cockaded woodpecker. The revenues to our local school
districts in those forest communities declined by as much as 90
percent. So this, again, will go a long ways toward correcting that.
I want to give a word of thanks to our partners who have helped us
here. Again, the gentleman from Virginia (Mr. Goodlatte), the gentleman
from Georgia (Mr. Deal), who was an original cosponsor of this
legislation with myself, also the gentleman from Oregon (Mr. DeFazio),
the gentleman
[[Page H9614]]
from Texas (Mr. Turner), the gentleman from California (Mr. George
Miller), the gentlewoman from North Carolina (Mrs. Clayton), and the
gentleman from Texas (Mr. Stenholm).
Also, Mr. Speaker, I want to take this opportunity to thank the staff
members who have done a wonderful job of negotiating some very
difficult and complex negotiations with the Senate and the
administration in the last 10 days. That is Dave Tenny, Brent Gattis,
and Quinton Robinson, from the House Committee on Agriculture; Doug
Crandall from the House Committee on Resources; Penny Dodge and Amelia
Jenkins with the office of the gentleman from Oregon (Mr. DeFazio);
Trent Ashby with the office of the gentleman from Texas (Mr. Turner);
Tom Pyle with the majority whip's office; and Chris Schloesser from my
own staff.
{time} 2230
I also want to thank the chairman of the National Forest Counties and
Schools Coalition, Mr. Bob Douglas, whose group certainly provided
impetus for us to get to this point today. And I also want to thank my
own superintendent of schools in Liberty County, Florida, who has been
a leader for me in this, Mr. Hal Summers.
Mr. STENHOLM. Mr. Speaker, I yield such time as he may consume to the
gentleman from Texas (Mr. Turner).
Mr. TURNER. Mr. Speaker, it is an honor to rise in support of this
legislation this evening. I join in the remarks of those who preceded
me. I thank each Member on the floor who has worked so hard to bring
this bill to fruition.
I particularly want to thank the National Forest Counties and Schools
Coalition, that coalition of over 1,000 rural education, government,
and business leaders, who worked hard to put this legislation together.
That coalition included groups like the National Education Association,
the U.S. Chamber of Commerce, the American Association of School
Administrators, and the National Association of Counties.
Many representatives and community leaders from across the country
have come to Washington to work on this bill over the last several
months. Two of them are good examples from my district, my own county
judge, Chris Vanderhof, and Trinity County Judge Mark Evans, who served
on the National Coalition.
This is a good bill. It returns stability to the funds that flow to
over 700 counties across this country that have national forest lands
within their boundaries. It means a lot to the school districts in
those counties. This will return some stability to their flow of funds,
and it will provide a good source of funding for education for many
rural school children across this country. I urge adoption of this
legislation.
Mr. STENHOLM. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from Oregon (Ms. Hooley).
Ms. HOOLEY of Oregon. Mr. Speaker, I too would like to thank my
colleagues for all of their hard work on this piece of legislation. I
rise in strong support of H.R. 2389.
The children in my district in Oregon and the children in over 800
counties across the rest of the United States are being shortchanged.
People in Oregon and across the United States that live in rural areas
with vast amounts of Federal land depend on payments from the Federal
Government.
Unfortunately, these payments have decreased in recent years; and, as
a consequence, education programs and county services have been
subjected to massive budget cuts.
Over the last 10 years, I have seen class sizes grow while teachers,
buses, music and art programs and many other services are reduced or
eliminated. These cuts need to be restored.
The children in these counties deserve the same quality schools and
educational opportunities as the rest of America.
In this election year, we have heard a lot about education and how it
is a priority for everybody. Well, this is a chance for people in this
House to show their commitment to education by voting yes on H.R. 2389.
I hope they will join me in voting yes on education and voting yes on
H.R. 2389.
Mr. STENHOLM. Mr. Speaker, I have no further requests for time and
encourage support of H.R. 2389.
Mr. Speaker, I yield back the balance of my time .
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I neglected to mention and thank the gentlewoman from
North Carolina (Mrs. Clayton) for her contribution. We thank her very
much. I, too, urge my colleagues to support this legislation.
Mr. COMBEST. Mr. Speaker, I rise today in support of H.R. 2389, the
Secure Rural Schools and Community Self-determination Act of 1999. As I
do so, I urge my colleagues to join me as a statement of our united
commitment to education and economic stability in rural forest
communities all over America.
Our rural forest communities are at a crossroads. Nearly a hundred
year ago, the federal government made a commitment to share the
revenues derived from federal lands to fund local schools and roads.
The purpose of this commitment was to compensate these communities for
the loss of local property taxes. Yet, during the last several years,
the federal government has unilaterally defaulted on this commitment.
The federal timber sale program has collapsed and federal policies now
virtually prohibit the use of our national forests to sustain the
communities and schools that are located in and around them. As a
result rural forest communities and school districts all over America
are in tatters--the victims of their own government.
The purpose of H.R. 2389 is to right this wrong. By providing stable
and predictable funding for rural education, it will ensure that school
children in forest-dependent communities are no longer punished by the
policies of their own government. Passage of this bill will directly
benefit 4 million schoolchildren in 700 counties nationwide, thereby
opening the same doors of opportunity for them that children in other
parts of the country enjoy.
H.R. 2389 also provides a framework for rural forest counties to
rebuild their communities and their way of life by giving them a direct
stake in the management of our federal forests. By giving local
stakeholders both the opportunity and the funding resources to address
local forest management issues, local experts can work together on
solutions that are not only good for the forest, but also the local
economies that sustain them.
H.R. 2389 is supported by a broad range of interests from all over
the country. The bill has earned the endorsement of the National
Association of Counties, the National Education Association, the U.S.
Chamber of Commerce, the American Federation of State, County and
Municipal Employees, and a grass roots coalition of over 1,000 local
education, business and government organizations in 36 states.
I urge my colleagues to take a stand in support of our rural school
children and the forest communities in which they live, Join me in
voting aye on H.R. 2389.
Mr. GOODLATTE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Ryan of Wisconsin). The question is on
the motion offered by the gentleman from Virginia (Mr. Goodlatte) that
the House suspend the rules and concur in the Senate amendment to the
bill, H.R. 2389.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.
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