[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.
* * * * * * *