[Congressional Record (Bound Edition), Volume 145 (1999), Part 19]
[House]
[Pages 27722-27727]
[From the U.S. Government Publishing Office, www.gpo.gov]



                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 2389

                        Offered By Mr. Goodlatte

       Amendment No. 1: Strike out all after the enacting clause 
     and insert the following:

     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 1999''.
       (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.

  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 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--LOCALLY INITIATED PROJECTS ON FEDERAL LANDS

Sec. 201. Definitions.
Sec. 202. General limitation on use of project funds.
Sec. 203. Submission of project proposals by participating counties.
Sec. 204. Evaluation and approval of projects by Secretary concerned.
Sec. 205. Local advisory committees.
Sec. 206. Use of project funds.
Sec. 207. Duration of availability of a county's project funds.
Sec. 208. Treatment of funds generated by locally initiated projects.

             TITLE III--FOREST COUNTIES PAYMENTS COMMITTEE

Sec. 301. Definitions.
Sec. 302. National advisory committee to develop long-term methods to 
              meet statutory obligation of Federal lands to contribute 
              to public education and other public services.
Sec. 303. Functions of Advisory Committee.
Sec. 304. Federal Advisory Committee Act requirements.
Sec. 305. Termination of Advisory Committee.
Sec. 306. Sense of Congress regarding Advisory Committee 
              recommendations.

                   TITLE IV--MISCELLANEOUS PROVISIONS

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

     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) Even without such revenues, 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 their loss of future revenues and 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 50 percent of the revenues derived from 
     the revested and reconveyed grant lands be paid to

[[Page 27723]]

     the counties in which those lands are situated to be used as 
     are other county funds.
       (8) For several decades during the dramatic growth of the 
     American economy, counties dependent on and supportive of 
     these Federal lands received and relied on increasing shares 
     of these revenues to provide educational opportunities for 
     the children of residents of these counties.
       (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 severely impacted 
     or crippled educational funding in, and the quality of 
     education provided by, the affected 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 educational funding those 
     revenues provide.
       (13) Although alternative payments are not an adequate 
     substitute for the revenues, wages, purchasing of local goods 
     and services, and social opportunities that are generated 
     when the Federal lands are managed in a manner that 
     encourages revenue-producing activities, such alternative 
     payments are critically needed now to stabilize educational 
     funding in the affected counties.
       (14) Changes in Federal Land management, in addition to 
     having curtailed timber sales, have altered the historic, 
     cooperative relationship between counties and the Forest 
     Service and the Bureau of Land Management.
       (15) Both the Forest Service and the Bureau of Land 
     Management face significant backlogs in infrastructure 
     maintenance and ecosystem restoration that are not likely to 
     be addressed through annual appropriations.
       (16) New relationships between the counties in which these 
     Federal lands are located and the managers of these Federal 
     lands need to be formed to benefit both the natural resources 
     and rural communities of the United States as the 21st 
     century begins.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide Federal funds to county governments that are 
     dependent on and supportive of the Federal lands so as to 
     assist such counties in restoring funding for education and 
     other public services that the counties must provide to 
     county residents and visitors;
       (2) to provide these funds on a temporary basis in a form 
     that is environmentally sound and consistent with applicable 
     resource management plans;
       (3) to facilitate the development, by the Federal 
     Government and the counties which benefit from the shared 
     revenues from the Federal lands, of a new cooperative 
     relationship in Federal land management and the development 
     of local consensus in implementing applicable plans for the 
     Federal lands;
       (4) to identify and implement projects on the Federal lands 
     that enjoy broad-based local support; and
       (5) to make additional investments in infrastructure 
     maintenance and ecosystem restoration on Federal 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)); and
       (B) the Oregon and California Railroad grant lands revested 
     in the United States by the Act of June 9, 1916 (Chapter 137; 
     39 Stat. 218), Coos Bay Wagon Road grant lands reconveyed to 
     the United States by the Act of February 26, 1919 (Chapter 
     47; 40 Stat. 1179), and subsequent additions to such lands.
       (2) Eligibility period.--The term ``eligibility period'' 
     means fiscal year 1984 through fiscal year 1999.
       (3) Eligible county.--The term ``eligible county'' means a 
     county or borough that received 50-percent payments for one 
     or more fiscal years of the eligibility period or a county or 
     borough 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 or borough 
     established after the date of the enactment of this Act so 
     long as the county or borough includes all or a portion of a 
     county or borough 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 6th 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 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 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 payments to States and counties required by 
     sections 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).
  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.--The Secretary of the Treasury shall 
     calculate for each eligible State an amount equal to the 
     average of the three highest 25-percent payments and safety 
     net payments made to that eligible State for fiscal years of 
     the eligibility period.
       (2) BLM Counties.--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 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 in effect for 
     the previous fiscal year for each eligible State and eligible 
     county to reflect 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 
     1999.

     SEC. 102. PAYMENTS TO STATES FROM FOREST SERVICE LANDS FOR 
                   USE BY COUNTIES TO BENEFIT PUBLIC EDUCATION AND 
                   TRANSPORTATION.

       (a) Requirement for Payments to Eligible States.--The 
     Secretary of the Treasury shall make to each eligible State a 
     payment in accordance with subsection (b) for each of fiscal 
     years 2000 through 2006. The payment for a fiscal year shall 
     be made as soon as practicable after the end of that fiscal 
     year.
       (b) Payment Amounts.--The payment to an eligible State 
     under subsection (a) for a fiscal year shall consist of the 
     following:
       (1) The 25-percent payments and safety net payments under 
     section 13982 of the Omnibus Budget Reconciliation Act of 
     1993 (Public Law 103-66; 16 U.S.C. 500 note) applicable to 
     that State for that fiscal year.
       (2) If the amount under paragraph (1) is less than the full 
     payment amount in effect for that State for that fiscal year, 
     such additional funds as may be appropriated to provide a 
     total payment not to exceed the full payment amount.
       (c) Distribution and Expenditure of Payments.--
       (1) Distribution method.--An eligible State that receives a 
     payment under subsection (a) shall distribute the payment 
     among all eligible counties in the State, with each eligible 
     county receiving the same percentage of that payment as the 
     percentage of the State's total 25-percent payments and 
     safety net payments under section 13982 of the Omnibus Budget 
     Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500 
     note) that were distributed to that county for fiscal years 
     of the eligibility period.
       (2) Expenditure purposes.--Subject to subsection (d), 
     payments received by eligible States under subsection (a) and 
     distributed to eligible counties shall be expended in the 
     same manner in which 25-percent payments are required to be 
     expended.
       (d) Expenditure Rules for Eligible Counties.--
       (1) General rule.--In the case of an eligible county to 
     which $100,000 or more is distributed in a fiscal year 
     pursuant to subsection (c)--
       (A) 80 percent of the funds distributed to the eligible 
     county shall be expended in the same manner in which the 25-
     percent payments are required to be expended; and
       (B) 20 percent of the funds distributed to the eligible 
     county shall be reserved and expended by the eligible county 
     in accordance with title II.
       (2) Counties with minor distributions.--In the case of each 
     eligible county to which less than $100,000 is distributed 
     for fiscal year 2000 pursuant to subsection (c), the eligible 
     county shall make an election whether or not to be subject to 
     the requirements of paragraph (1) for that fiscal year and 
     all subsequent fiscal years for which payments are made under 
     subsection (a). The county shall notify the Secretary of 
     Agriculture of its election under this subsection not later 
     than

[[Page 27724]]

     60 days after the county receives its distribution for fiscal 
     year 2000.

     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) Requirement for Payments to Eligible Counties.--The 
     Secretary of the Treasury shall make to each eligible county 
     that received a 50-percent payment during the eligibility 
     period a payment in accordance with subsection (b) for each 
     of fiscal years 2000 through 2006. The payment for a fiscal 
     year shall be made as soon as practicable after the end of 
     that fiscal year.
       (b) Payment Amounts.--The payment to an eligible county 
     under subsection (a) for a fiscal year shall consist of the 
     following:
       (1) The 50-percent payments and safety net payments under 
     section 13983 of the Omnibus Budget Reconciliation Act of 
     1993 (Public Law 103-66; 43 U.S.C. 1181f note) applicable to 
     that county for that fiscal year.
       (2) If the amount under paragraph (1) is less than the full 
     payment amount in effect for that county for that fiscal 
     year, such additional funds as may be appropriated to provide 
     a total payment not to exceed the full payment amount.
       (c) Expenditure of Payments.--Subject to subsection (d), 
     payments received by eligible counties under subsection (a) 
     shall be expended in the same manner in which 50-percent 
     payments are required to be expended.
       (d) Expenditure Rules for Eligible Counties.--In the case 
     of an eligible county to which a payment is made in a fiscal 
     year pursuant to subsection (a)--
       (1) 80 percent of the payment to the eligible county shall 
     be expended in the same manner in which the 25-percent 
     payments are required to be expended; and
       (2) 20 percent of the payment to the eligible county shall 
     be reserved and expended by the eligible county in accordance 
     with title II.
         TITLE II--LOCALLY INITIATED 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 or 103; 
     and
       (B) is required to expend a portion of those funds in the 
     manner provided in section 102(d)(1)(B) or 103(d)(2) or 
     elects under section 102(d)(2) to expend a portion of those 
     funds in accordance with section 102(d)(1)(B).
       (2) Project funds.--The term ``project funds'' means all 
     funds reserved by an eligible county under section 
     102(d)(1)(B) or 103(d)(2) for expenditure in accordance with 
     this title and all funds that an eligible county elects under 
     section 102(d)(2) to reserve under section 102(d)(1)(B).
       (3) Local advisory committee.--The term ``local advisory 
     committee'' means an advisory committee established by the 
     Secretary concerned under 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) and land and resource management plans 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 the Secretary of the Interior with respect to the 
     Federal Lands described in section 3(1)(B) and the Secretary 
     of Agriculture with respect to the Federal Lands described in 
     section 3(1)(A).
       (6) Special account.--The term ``special account'' means an 
     account in the Treasury established under section 208(c) for 
     each region of the Forest Service, and for the Bureau of Land 
     Management.

     SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.

       Project funds shall be expended solely on projects that 
     meet the requirements of this title and are conducted on the 
     Federal lands.

     SEC. 203. SUBMISSION OF PROJECT PROPOSALS BY PARTICIPATING 
                   COUNTIES.

       (a) Submission of Project Proposals to Secretary 
     Concerned.--
       (1) Projects funded using project funds.--Not later than 
     September 30, 2001, and each September 30 thereafter through 
     2009, each participating county shall submit to the Secretary 
     concerned a description of any projects that the county 
     proposes the Secretary undertake using any project funds 
     reserved by the county during the three-fiscal year period 
     consisting of the fiscal year in which the submission is made 
     and the preceding two fiscal years. A participating county 
     does not have to submit all of its project proposals for a 
     year at the same time.
       (2) Projects funded using special accounts.--Until 
     September 30, 2007, a participating county may also submit to 
     the Secretary concerned a description of any projects that 
     the county proposes the Secretary undertake using amounts in 
     a special account in lieu of or in addition to the county's 
     project funds.
       (3) Joint projects.--Participating counties may pool their 
     project funds and jointly propose a project or group of 
     projects to the Secretary concerned under paragraph (1). 
     Participating counties may also jointly propose a project or 
     group of projects to the Secretary concerned under paragraph 
     (2).
       (b) Required Description of Projects.--In submitting 
     proposed projects to the Secretary concerned under subsection 
     (a), a participating county shall include in the description 
     of each proposed project the following information:
       (1) The purpose of the project.
       (2) An estimation of the amount of any timber, forage, and 
     other commodities anticipated to be harvested or generated as 
     part of the project.
       (3) The anticipated duration of the project.
       (4) The anticipated cost of the project.
       (5) The proposed source of funding for the project, whether 
     project funds, funds from the appropriate special account, or 
     both.
       (6) The anticipated revenue, if any, to be generated by the 
     project.
       (c) Role of Local Advisory Committee.--A participating 
     county may propose a project to the Secretary concerned under 
     subsection (a) only if the project has been reviewed and 
     approved by the relevant local advisory committee in 
     accordance with the requirements of section 205, including 
     the procedures issued under subsection (d) of such section.
       (d) Authorized Projects.--
       (1) In general.--Projects proposed under subsection (a) 
     shall consist of any type of project or activity that the 
     Secretary concerned may otherwise carry out on the Federal 
     lands.
       (2) Search, rescue, and emergency services.--
     Notwithstanding paragraph (1), a participating county may 
     submit as a proposed project under subsection (a) a proposal 
     that the county receive reimbursement for search and rescue 
     and other emergency services performed on Federal lands and 
     paid for by the county. The source of funding for an approved 
     project of this type may only be the special account for the 
     region in which the county is located or, in the case of a 
     county that receives 50-percent payments, the special account 
     for the Bureau of Land Management.
       (3) Community service work camps.--Notwithstanding 
     paragraph (1), a participating county may submit as a 
     proposed project under subsection (a) a proposal that the 
     county receive 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.

     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 participating county under section 203 only if 
     the proposed project satisfies each of the following 
     conditions:
       (1) The project complies with all Federal laws and all 
     Federal rules, regulations, and policies.
       (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 relevant local 
     advisory committee in accordance with section 205, including 
     the procedures issued under subsection (d) of such section.
       (4) The project has been described by the participating 
     county in accordance with section 203(b).
       (b) Environmental Reviews.--
       (1) Review required.--Before making a decision to approve a 
     proposed project under subsection (a), the Secretary 
     concerned shall complete any environmental review required by 
     the National Environmental Policy Act of 1969 (42 U.S.C. 321 
     et seq.) in connection with the project and any consultation 
     and biological assessment required by the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) in connection with the 
     project.
       (2) Treatment of review.--Decisions of the Secretary 
     concerned related to an environmental review or consultation 
     conducted under paragraph (1) shall not be subject to 
     administrative appeal or judicial review unless and until the 
     Secretary approves the project under subsection (a) for which 
     the review or consultation was conducted.
       (3) Payment of review costs.--
       (A) Request for payment by county.--The Secretary concerned 
     may request the participating county or counties submitting a 
     proposed project to use project funds to pay for any 
     environmental review or consultation required under paragraph 
     (1) in connection with the project. When such a payment is 
     requested, the Secretary concerned shall not begin the 
     environmental review or consultation until and unless the 
     payment is received.
       (B) Effect of refusal to pay.--If a participating county 
     refuses to make the requested payment under subparagraph (A) 
     in connection with a proposed project, the participating 
     county shall withdraw the submission of the project from 
     further consideration by the Secretary concerned. Such a

[[Page 27725]]

     withdrawal shall be deemed to be a rejection of the project 
     for purposes of section 207(d).
       (c) Time Periods for Consideration of Projects.--
       (1) Projects requiring environmental review.--If the 
     Secretary concerned determines that an environmental review 
     or consultation is required for a proposed project pursuant 
     to subsection (b), the Secretary concerned shall make a 
     decision under subsection (a) to approve or reject the 
     project, to the extent practicable, within 30 days after the 
     completion of the last of the required environmental reviews 
     and consultations.
       (2) Other projects.--If the Secretary concerned determines 
     that an environmental review or consultation is not required 
     for a proposed project, the Secretary shall make a decision 
     under subsection (a) to approve or reject the project, to the 
     extent practicable, within 60 days after the date of that 
     determination.
       (d) 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. Within 30 days after making the 
     rejection decision, the Secretary concerned shall notify in 
     writing the participating county that submitted the proposed 
     project of the rejection and the reasons therefor.
       (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.
       (3) Project approval as final agency action.--A decision by 
     the Secretary concerned to approve a project under subsection 
     (a) shall be considered a final agency action under the 
     Administrative Procedures Act.
       (e) Source and Conduct of Project.--For purposes of Federal 
     law, a project approved by the Secretary concerned under this 
     section shall be considered to have originated with the 
     Secretary.
       (f) Implementation of Approved Projects.--
       (1) Responsibility of secretary.--The Secretary concerned 
     shall be responsible for carrying out projects approved by 
     the Secretary under this section. The Secretary concerned 
     shall carry out the projects in compliance with all Federal 
     laws and all Federal rules, regulations, and policies and in 
     the same manner as projects of the same kind that originate 
     with the Secretary.
       (2) Cooperation.--The Secretary concerned may enter into 
     contracts 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.
       (3) Best value stewardship contracting.--To enter into a 
     contract authorized by paragraph (2), the Secretary concerned 
     may use a contracting method that secures, for the best 
     price, the best quality service, as determined by the 
     Secretary based upon the following:
       (A) The technical demands and complexity of the work to be 
     done.
       (B) The ecological 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 use by the contractor of low value species and 
     byproducts.
       (E) The commitment of the contractor to hiring highly 
     qualified workers and local residents.
       (g) Time For Commencement.--
       (1) Projects funded using project funds.--If an approved 
     project is to be funded in whole or in part using project 
     funds to be provided by a participating county or counties, 
     the Secretary concerned shall commence the project as soon as 
     practicable after the receipt of the project funds pursuant 
     to section 206 from the county.
       (2) Projects funded using special accounts.--If an approved 
     project is to be funded using amounts from a special account 
     in lieu of any project funds, the Secretary concerned shall 
     commence the project as soon as practicable after the 
     approval decision is made.

     SEC. 205. LOCAL ADVISORY COMMITTEES.

       (a) Establishment and Purpose of Local Advisory 
     Committees.--
       (1) Establishment.--Except as provided in paragraph (2), 
     the Secretary concerned shall establish and maintain, for 
     each unit of Federal lands, a local advisory committee to 
     review projects proposed by participating counties and to 
     recommend projects to participating counties.
       (2) Combination or division of units.--The Secretary 
     concerned may, at the Secretary's sole discretion, combine or 
     divide units of Federal lands for the purpose of establishing 
     local advisory committees.
       (b) Appointment by the Secretary.--
       (1) Appointment and term.--The Secretary concerned shall 
     appoint the members of local advisory committees for a term 
     of 2 years beginning on the date of appointment. The 
     Secretary concerned may reappoint members to subsequent 2-
     year terms.
       (2) Basic requirements.--The Secretary concerned shall 
     ensure that each local advisory committee established by the 
     Secretary meets the requirements of subsection (c).
       (3) Initial appointment.--The Secretary concerned shall 
     make initial appointments to the local advisory committees 
     not later than 120 days after the date of enactment of this 
     Act.
       (4) Vacancies.--The Secretary concerned shall make 
     appointments to fill vacancies on any local advisory 
     committee as soon as practicable after the vacancy has 
     occurred.
       (5) Compensation.--Members of the local advisory committees 
     shall not receive any compensation.
       (c) Composition of Advisory Committee.--
       (1) Number.--Each local advisory committee shall be 
     comprised of 15 members.
       (2) Community interests represented.--Each local advisory 
     committee shall have at least one member representing each of 
     the following:
       (A) Local resource users.
       (B) Environmental interests.
       (C) Forest workers.
       (D) Organized labor representatives.
       (E) Elected county officials.
       (F) School officials or teachers.
       (3) Geographic distribution.--To the extent practicable, 
     the members of a local advisory committee shall be drawn from 
     throughout the area covered by the committee.
       (4) Chairperson.--A majority on each local advisory 
     committee shall select the chairperson of the committee.
       (d) Approval Procedures.--
       (1) Issuance.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretaries concerned shall 
     jointly issue the approval procedures that each local 
     advisory committee must use in order to ensure that a local 
     advisory committee only approves projects that are broadly 
     supported by the committee. The Secretaries shall publish the 
     procedures in the Federal Register.
       (2) Treatment of procedures.--The issuance and content of 
     the procedures issued under paragraph (1) shall not be 
     subject to administrative appeal or judicial review. Nothing 
     in this paragraph shall affect the responsibility of local 
     advisory committees to comply with the procedures.
       (e) Other Committee Authorities and Requirements.--
       (1) Staff assistance.--A local advisory committee may 
     submit to the Secretary concerned a request for staff 
     assistance from Federal employees under the jurisdiction of 
     the Secretary.
       (2) Meetings.--All meetings of a local 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 local advisory committee shall maintain 
     records of the meetings of the committee and make the records 
     available for public inspection.
       (f) Federal Advisory Committee Act Exemption.--The local 
     advisory committees shall be exempt from the provisions of 
     the Federal Advisory Committee Act (5 U.S.C. App.).

     SEC. 206. USE OF PROJECT FUNDS.

       (a) Agreement Regarding Schedule and Cost of Project.--
       (1) Agreement between parties.--As soon as practicable 
     after the approval of a project by the Secretary concerned 
     under section 204, the Secretary concerned and the chief 
     administrative official of the participating county (or one 
     such official representing a group of participating counties) 
     shall enter into an agreement addressing, at a minimum, the 
     following with respect to the project:
       (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 multi-year project, the estimated cost of the 
     project for each of the fiscal years in which it will be 
     carried out.
       (D) The remedies for the participating county or counties 
     for the failure of the Secretary concerned to comply with the 
     terms of the agreement.
       (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, the participating county or counties that are 
     parties to the agreement shall transfer to the Secretary 
     concerned 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 by the county or counties; or
       (B) in the case of a multi-year project, the amount 
     specified in the agreement to be paid by the county or 
     counties for the first fiscal year.
       (2) Condition on project commencement.--The Secretary 
     concerned shall not commence a project pursuant to section 
     204(g)(1)

[[Page 27726]]

     until the project funds required to be transferred under 
     paragraph (1) for the project have been received by the 
     Secretary.
       (3) Subsequent transfers for multi-year projects.--For the 
     second and subsequent fiscal years of a multi-year project to 
     be funded in whole or in part using project funds, the 
     participating county or counties shall transfer to the 
     Secretary concerned 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 county 
     fails to transfer the required amounts as required by the 
     agreement.
       (4) Special rule for work camp projects.--In the case of a 
     project described in section 203(d)(3) and approved under 
     section 204, the agreement required by subsection (a) shall 
     specify the manner in which a participating county that is a 
     party to the agreement may retain project funds to cover the 
     costs of the project.
       (c) Availability of Transferred Funds.--Project funds 
     transferred to the Secretary concerned under this section 
     shall remain available until the project is completed.

     SEC. 207. DURATION OF AVAILABILITY OF A COUNTY'S PROJECT 
                   FUNDS.

       (a) Submission of Proposed Projects to Obligate Funds.--By 
     the end of each of the fiscal years 2003 through 2009, a 
     participating county 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 the county 
     received under title I in the second preceding fiscal year.
       (b) Transfer of Unobligated Funds.--If a participating 
     county fails to comply with subsection (a) for a fiscal year, 
     any project funds that the county received in the second 
     preceding fiscal year and remaining unobligated shall be 
     returned to the Secretary of the Treasury for disposition as 
     provided in subsection (c).
       (c) Disposition of Returned Funds.--
       (1) Deposit in special accounts.--In the case of project 
     funds returned under subsection (b) in fiscal year 2004, 
     2005, or 2006, the Secretary of the Treasury shall deposit 
     the funds in the appropriate special account.
       (2) Deposit in general fund.--After fiscal year 2006, the 
     Secretary of the Treasury shall deposit returned project 
     funds in the general fund of the Treasury.
       (d) Effect of Rejection of Projects.--Notwithstanding 
     subsection (b), any project funds of a participating county 
     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 the county to expend in the 
     same manner as the funds reserved by the county under section 
     102(d)(1)(A) or 103(d)(1), whichever applies to the funds 
     involved. The project funds covered by this subsection shall 
     remain available until expended.
       (e) Effect of Court Orders.--
       (1) Projects funded using project funds.--If an approved 
     project is enjoined or prohibited by a Federal court after 
     funds for the project are transferred to the Secretary 
     concerned under section 206, the Secretary concerned shall 
     return any unobligated project funds related to that project 
     to the participating county or counties that transferred 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)(A) or 103(d)(1), whichever 
     applies to the funds involved. The funds shall remain 
     available until expended and shall be exempt from the 
     requirements of subsection (b).
       (2) Projects funded using special accounts.--If an approved 
     project is enjoined or prohibited by a Federal court after 
     funds from a special account have been reserved for the 
     project under section 208, the Secretary concerned shall 
     treat the funds in the same manner as revenues described in 
     section 208(a).

     SEC. 208. TREATMENT OF FUNDS GENERATED BY LOCALLY INITIATED 
                   PROJECTS.

       (a) Payment to Secretary.--Any and all revenues generated 
     from a project carried out in whole or in part using project 
     funds or funds from a special account shall be paid to the 
     Secretary concerned.
       (b) Deposit.--Notwithstanding any other provision of law, 
     the Secretary concerned shall deposit the revenues described 
     in subsection (a) as follows:
       (1) Through fiscal year 2006, the revenues shall be 
     deposited in the appropriate special account as provided in 
     subsection (c).
       (2) After fiscal year 2006, the revenues shall be deposited 
     in the general fund of the Treasury.
       (c) Regional and BLM Special Accounts.--
       (1) Establishment.--There is established in the Treasury an 
     account for each region of the Forest Service and an account 
     for the Bureau of Land Management. The accounts shall consist 
     of the following:
       (A) Revenues described in subsection (a) and deposited 
     pursuant to subsection (b)(1).
       (B) Project funds deposited pursuant to section 207(c)(1).
       (C) Interest earned on amounts in the special accounts.
       (2) Required deposit in forest service accounts.--If the 
     revenue-generating project was carried out in whole or in 
     part using project funds that were reserved pursuant to 
     section 102(d)(1)(B), the revenues shall be deposited in the 
     account established under paragraph (1) for the Forest 
     Service region in which the project was conducted.
       (3) Required deposit in blm account.--If the revenue-
     generating project was carried out in whole or in part using 
     project funds that were reserved pursuant to section 
     103(d)(2), the revenues shall be deposited in the account 
     established under paragraph (1) for the Bureau of Land 
     Management.
       (4) Projects conducted using special account funds.--If the 
     revenue-generating project was carried out using amounts from 
     a special account in lieu of any project funds, the revenues 
     shall be deposited in the special account from which the 
     amounts were derived.
       (d) Use of Accounts to Conduct Projects.--
       (1) Authority to use accounts.--The Secretary concerned may 
     use amounts in the special accounts, without appropriation, 
     to fund projects submitted by participating counties under 
     section 203(a)(2) that have been approved by the Secretary 
     concerned under section 204.
       (2) Source of funds; project locations.--Funds in a special 
     account established under subsection (c)(1) for a region of 
     the Forest Service region may be expended only for projects 
     approved under section 204 to be conducted in that region. 
     Funds in the special account established under subsection 
     (c)(1) for the Bureau of Land Management may be expended only 
     for projects approved under section 204 to be conducted on 
     Federal lands described in section 3(1)(B).
       (3) Duration of authority.--No funds may be obligated under 
     this subsection after September 30, 2007. Unobligated amounts 
     in the special accounts after that date shall be promptly 
     transferred to the general fund of the Treasury.
             TITLE III--FOREST COUNTIES PAYMENTS COMMITTEE

     SEC. 301. DEFINITIONS.

       In this title:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the Forest Counties Payments Committee established by 
     section 302.
       (2) House committees of jurisdiction.--The term ``House 
     committees of jurisdiction'' means the Committee on 
     Agriculture, the Committee on Resources, and the Committee on 
     Appropriations of the House of Representatives.
       (3) Senate committees of jurisdiction.--The term ``Senate 
     committees of jurisdiction'' means the Committee on 
     Agriculture, Nutrition, and Forestry, the Committee on Energy 
     and Natural Resources, and the Committee on Appropriations of 
     the Senate.
       (4) Sustainable forestry.--The term ``sustainable 
     forestry'' means principles of sustainable forest management 
     that equally consider ecological, economic, and social 
     factors in the management of Federal lands.

     SEC. 302. NATIONAL ADVISORY COMMITTEE TO DEVELOP LONG-TERM 
                   METHODS TO MEET STATUTORY OBLIGATION OF FEDERAL 
                   LANDS TO CONTRIBUTE TO PUBLIC EDUCATION AND 
                   OTHER PUBLIC SERVICES.

       (a) Establishment of Forest Counties Payments Committee.--
     There is hereby established an advisory committee, to be 
     known as the Forest Counties Payments Committee, to develop 
     recommendations, consistent with sustainable forestry, 
     regarding methods to ensure that States and counties in which 
     Federal lands are situated receive adequate Federal payments 
     to be used for the benefit of public education and other 
     public purposes.
       (b) Members.--The Advisory Committee shall be composed of 
     the following members:
       (1) The Chief of the Forest Service, or a designee of the 
     Chief who has significant expertise in sustainable forestry.
       (2) The Director of the Bureau of Land Management, or a 
     designee of the Director who has significant expertise in 
     sustainable forestry
       (3) The Director of the Office of Management and Budget, or 
     the Director's designee.
       (4) Two members who are elected members of the governing 
     branches of eligible counties; one such member to be 
     appointed by the President pro tempore of the Senate (in 
     consultation with the chairmen and ranking members of the 
     Senate committees of jurisdiction) and one such member to be 
     appointed by the Speaker of the House of Representatives (in 
     consultation with the chairmen and ranking members of the 
     House committees of jurisdiction) within 60 days of the date 
     of enactment of this Act.
       (5) Two members who are elected members of school boards 
     for, superintendents from, or teachers employed by, school 
     districts in eligible counties; one such member to be 
     appointed by the President pro tempore of the Senate (in 
     consultation with the chairmen and ranking members of the 
     Senate committees of jurisdiction) and one such member to be 
     appointed by the Speaker of the House of Representatives (in 
     consultation with the chairmen and ranking members of the 
     House committees of jurisdiction) within 60 days of the date 
     of enactment of this Act.
       (c) Geographic Representation.--In making appointments 
     under paragraphs (4) and

[[Page 27727]]

     (5) of subsection (b), the President pro tempore of the 
     Senate and the Speaker of the House of Representatives shall 
     seek to ensure that the Advisory Committee members are 
     selected from geographically diverse locations.
       (d) Organization of Advisory Committee.--
       (1) Chairperson.--The Chairperson of the Advisory Committee 
     shall be selected from among the members appointed pursuant 
     to paragraphs (4) and (5) of subsection (b).
       (2) Vacancies.--Any vacancy in the membership of the 
     Advisory Committee shall be filled in the same manner as 
     required by subsection (b). A vacancy shall not impair the 
     authority of the remaining members to perform the functions 
     of the Advisory Committee under section 303.
       (3) Compensation.--The members of the Advisory Committee 
     who are not officers or employees of the United States, while 
     attending meetings or other events held by the Advisory 
     Committee or at which the members serve as representatives of 
     the Advisory Committee or while otherwise serving at the 
     request of the Chairperson, shall each be entitled to receive 
     compensation at a rate not in excess of the maximum rate of 
     pay for grade GS-18, as provided in the General Schedule 
     under section 5532 of title 5, United States Code, including 
     traveltime, and while away from their homes or regular places 
     of business shall each be reimbursed for travel expenses, 
     including per diem in lieu of subsistence as authorized by 
     section 5703 of title 5, United States Code, for persons in 
     Government service employed intermittently.
       (e) Staff and Rules.--
       (1) Executive director.--The Advisory Committee shall have 
     an Executive Director, who shall be appointed (without regard 
     to the provisions of title 5, United States Code, governing 
     appointments in the competitive service) by the Advisory 
     Committee and serve at the pleasure of the Advisory 
     Committee. The Executive Director shall report to the 
     Advisory Committee and assume such duties as the Advisory 
     Committee may assign. The Executive Director shall be paid at 
     a rate of pay for grade GS-18, as provided in the General 
     Schedule under 5332 of title 5, United States Code.
       (2) Other staff.--In addition to authority to appoint 
     personnel subject to the provisions of title 5, United States 
     Code, governing appointments to the competitive service, and 
     to pay such personnel in accordance with the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     the Advisory Committee shall have authority to enter into 
     contracts with private or public organizations which may 
     furnish the Advisory Committee with such administrative and 
     technical personnel as may be necessary to carry out the 
     functions of the Advisory Committee under section 303. To the 
     extent practicable, such administrative and technical 
     personnel, and other necessary support services, shall be 
     provided for the Advisory Committee by the Chief of the 
     Forest Service and the Director of the Bureau of Land 
     Management.
       (3) Committee rules.--The Advisory Committee may establish 
     such procedural and administrative rules as are necessary for 
     the performance of its functions under section 303.
       (f) Federal Agency Cooperation.--The heads of the 
     departments, agencies, and instrumentalities of the executive 
     branch of the Federal Government shall cooperate with the 
     Advisory Committee in the performance of its functions under 
     subsection (c) and shall furnish to the Advisory Committee 
     information which the Advisory Committee deems necessary to 
     carry out such functions.

     SEC. 303. FUNCTIONS OF ADVISORY COMMITTEE.

       (a) Development of Recommendations.--
       (1) In general.--The Advisory Committee shall develop 
     recommendations for policy or legislative initiatives (or 
     both) regarding alternatives for, or substitutes to, the 
     short-term payments required by title I in order to provide a 
     long-term method to generate annual payments to eligible 
     States and eligible counties at or above the full payment 
     amount.
       (2) Reporting requirements.--Not later than 18 months after 
     the date of the enactment of this Act, the Advisory Committee 
     shall submit to the Senate committees of jurisdiction and the 
     House committees of jurisdiction a final report containing 
     the recommendations developed under this subsection. The 
     Advisory Committee shall submit semiannual progress reports 
     on its activities and expenditures to the Senate committees 
     of jurisdiction and the House committees of jurisdiction 
     until the final report has been submitted.
       (b) Guidance for Committee.--In developing the 
     recommendations required by subsection (a), the Advisory 
     Committee shall--
       (1) evaluate the method by which payments are made to 
     eligible States and eligible counties under title I and the 
     use of such payments;
       (2) evaluate the effectiveness of the local advisory 
     committees established pursuant to section 205; and
       (3) consider the impact on eligible States and eligible 
     counties of revenues derived from the historic multiple use 
     of the Federal lands.
       (c) Monitoring and Related Reporting Activities.--The 
     Advisory Committee shall monitor the payments made to 
     eligible States and eligible counties pursuant to title I and 
     submit to the Senate committees of jurisdiction and the House 
     committees of jurisdiction an annual report describing the 
     amounts and sources of such payments and containing such 
     comments as the Advisory Committee may have regarding such 
     payments.
       (d) Testimony.--The Advisory Committee shall make itself 
     available for testimony or comments on the reports required 
     to be submitted by the Advisory Committee and on any 
     legislation or regulations to implement any recommendations 
     made in such reports in any congressional hearings or any 
     rulemaking or other administrative decision process.

     SEC. 304. FEDERAL ADVISORY COMMITTEE ACT REQUIREMENTS.

       Except as may be provided in this title, the provisions of 
     the Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Advisory Committee.

     SEC. 305. TERMINATION OF ADVISORY COMMITTEE.

       The Advisory Committee shall terminate three years after 
     the date of the enactment of this Act.

     SEC. 306. SENSE OF CONGRESS REGARDING ADVISORY COMMITTEE 
                   RECOMMENDATIONS.

       It is the sense of Congress that the payments to eligible 
     States and eligible counties required by title I should be 
     replaced by a long-term solution to generate payments 
     conforming to the guidance provided by section 303(b) and 
     that any promulgation of regulations or enactment of 
     legislation to establish such method should be completed 
     within two years after the date of submission of the final 
     report required by section 303(a).
                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

       There are hereby authorized to be appropriated such sums as 
     are necessary to carry out this Act.

     SEC. 402. TREATMENT OF FUNDS AND REVENUES.

       Funds appropriated pursuant to the authorization of 
     appropriations in section 401, funds transferred to a 
     Secretary concerned under section 206, and revenues described 
     in section 208(a) shall be in addition to the any other 
     annual appropriations for the Forest Service and the Bureau 
     of Land Management.

     SEC. 403. CONFORMING AMENDMENTS.

       Section 6903(a)(1) of title 31, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (D) through (J) as 
     subparagraphs (E) through (K), respectively; and
       (2) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) the Secure Rural Schools and Community Self-
     Determination Act of 1999;''.