[Senate Report 108-277]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 533
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-277
======================================================================


 
                   FOREST COUNTIES PAYMENTS COMMITTEE

                                _______
                                

                  May 20, 2004.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3249]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 3249) to extend the term of the Forest 
Counties Payments Committee, having considered the same, 
reports favorably thereon without amendment and recommends that 
the Act do pass.

                         Purpose of the Measure

    The purpose of H.R. 3249 is to extend the term of the 
Forest Counties Payments Committee.

                          Background and Need

    The Forest Counties Payments Committee originally was 
established by section 320 of the Department of the Interior 
and Related Agencies Appropriation Act, 2001 (Public Law 106-
291; U.S.C. 500 note). This ``advisory committee'' was 
established ``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.''
    Due to the changes made to county payments enacted in the 
Secure Rural Schools and Community Self-Determination Act of 
2000 (Public Law 106-393), it was impossible for the advisory 
committee to collect meaningful data on some issues since the 
counties did not receive their first payments under that 
authority until September of 2000--fully 9 months into the 18-
month life of the advisory committee; thus, some of the tasks 
the advisory committee were requested to report on could not be 
accomplished.
    H.R. 3249 will extend the term of the advisory committee 
for approximately four years, allowing the advisory committee 
to complete the tasks that it was unable to address prior to 
the legislative termination of the advisory committee under 
Public Law 106-393.

                          Legislative History

    H.R. 3249 was introduced on October 3, 2003, by 
Representatives Walden and DeFazio. The bill was passed by a 
voice vote in the House of Representatives on October 28, 2003.
    The Subcommittee on Public Lands and Forests held a hearing 
on H.R. 3249 on March 10, 2004. At its business meeting on 
April 28, 2004, the Committee on Energy and Natural Resources 
ordered H.R. 3249 favorably reported without amendment.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in an 
open business session on April 28, 2004, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass H.R. 
3249.

                      Section-by-Section Analysis

    Section 1 amends section 320(e) of the Department of the 
Interior and Related Agencies Appropriations Act, 2001 (Public 
Law 106-291; 114 Stat. 994; 16 U.S.C. 500 note) to extend the 
term of the advisory committee to September 30, 2007.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 4, 2004.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3249, an act to 
extend the term of the Forest Counties payments Committee.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 3249--An act to extend the term of the Forest Counties Payments 
        Committee

    H.R. 3249 would extend the term of the Forest Counties 
Payments Committee through fiscal year 2007. That committee was 
established in October 2000 to develop recommendations for the 
Congress concerning payments to state and local governments to 
support public education and other programs in counties where 
certain federal lands are located.
    Based on information from the Forest Service, CBO estimates 
that extending the committee's term would cost about $200,000 a 
year over the 2005-2007 period, assuming the availability of 
appropriated funds. That amount includes the cost of salaries 
and other expenses for the committee. The act would not affect 
direct spending or revenues. H.R. 3249 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 3249.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 3249.

                        Executive Communications

    On March 10, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth executive views on H.R. 3249. These reports had not been 
received at the time the report on H.R. 3249 was filed. When 
the report becomes available, the Chairman will request that 
they be printed in the Congressional Record for the advice of 
the Senate. The testimony provided by the Department of 
Agriculture at the Subcommittee hearing follows:

     Statement of Mark Rey, Under Secretary, Natural Resources and 
          Environment, United States Department of Agriculture

    Mr. Chairman:

           *       *       *       *       *       *       *


   h.r. 3249 extension of term of forest counties payments committee


    H.R. 3249 would extend the term of the Forest Counties 
Payments Committee to September 30, 2007. The Department would 
have no objections to the enactment of H.R. 3249.
    The Forest Counties Payments Committee was created by 
Congress pursuant to Section 320, of the Department of the 
Interior and Related Agencies Appropriation Act of 2001, Public 
Law 106-291. The Committee is charged with developing 
recommendations to Congress for making certain payments to 
states and counties for education and other public purposes. 
The Committee was also instructed to monitor payments made to 
states and counties under certain payments, loans and related 
laws which would include the Secure Rural Schools and Community 
Self-determination Act of 2000 (P.L. 106-393), to submit annual 
reports to Congress describing the amounts and sources of 
payments to states and counties, and be available to provide 
testimony, or comments on legislation or regulations to 
implement recommendations made in such reports.
    The Forest Counties Payments Committee submitted its Report 
to Congress on February 6, 2003. The Report includes 
recommendations for future payments to states and counties, as 
well as findings and information pertaining to allocation of 
education dollars by states, the importance of sustaining the 
health of our forests and communities, and the success of 
citizen advisory committees in reaching agreement on various 
management projects.
    Formal discussions between Congress and the Committee 
regarding recommendations and information contained in the 
Report have not taken place. This dialogue will be important as 
the Secure Rural Schools and Community Self-determination Act 
comes closer to its expiration date of 2006. Also, there may be 
a need to provide additional information, or evaluate other 
options that congressional committees may be interested in 
considering.
    Extension of the termination date would allow the Committee 
to fulfill the requirements of the enacting legislation, 
continue the monitoring and evaluating of implementation of 
P.L. 106-393, and provide continued assistance to the six 
committees of jurisdiction.


                               conclusion


    Mr. Chairman, this concludes my prepared statement. I would 
be pleased to answer any questions that you or the other 
members may have.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill H.R. 3249, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

 DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT OF 
                                  2001


P.L. 106-291 (114 Stat. 994)

           *       *       *       *       *       *       *


SEC. 320. ADVISORY COMMITTEE ON FOREST COUNTIES PAYMENTS.

           *       *       *       *       *       *       *


    (d) Federal Advisory Committee Act Requirements.--The 
provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall apply to the Advisory Committee.
    (e) Termination of Advisory Committee.--The Advisory 
Committee shall terminate [three years after the date of the 
enactment of this Act] on September 30, 2007.

           *       *       *       *       *       *       *


                                  
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