[Senate Report 118-163]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 354

118th Congress}                                           { Report
                                 SENATE
   2d Session }                                           { 118-163

======================================================================
 
                SECURE RURAL SCHOOLS REAUTHORIZATION ACT

                                _______
                                

                 April 8, 2024.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2581]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2581) to extend the Secure Rural Schools 
and Community Self-Determination Act of 2000, having considered 
the same, reports favorably thereon with an amendment in the 
nature of a substitute and recommends that the bill, as 
amended, do pass.

                               Amendment

    Strike all after the enacting clause and insert the 
following:

SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Secure Rural Schools Reauthorization 
Act of 2023''.

SEC. 2. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
                    DETERMINATION ACT OF 2000.

    (a) Secure Payments for States and Counties Containing Federal 
Land.--
          (1) Secure payments.--Section 101 of the Secure Rural Schools 
        and Community Self-Determination Act of 2000 (16 U.S.C. 7111) 
        is amended, in subsections (a) and (b), by striking ``2023'' 
        each place it appears and inserting ``2026''.
          (2) Distribution of payments to eligible counties.--Section 
        103(d)(2) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by 
        striking ``2023'' and inserting ``2026''.
    (b) Extension of Authority To Conduct Special Projects on Federal 
Land.--
          (1) Committee composition waiver authority.--Section 
        205(d)(6)(C) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7125(d)(6)(C)) is amended 
        by striking ``2023'' and inserting ``2026''.
          (2) Extension of authority.--Section 208 of the Secure Rural 
        Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
        7128) is amended--
                  (A) in subsection (a), by striking ``2025'' and 
                inserting ``2028''; and
                  (B) in subsection (b), by striking ``2026'' and 
                inserting ``2029''.
    (c) Extension of Authority To Expend County Funds.--Section 305 of 
the Secure Rural Schools and Community Self-Determination Act of 2000 
(16 U.S.C. 7144) is amended--
          (1) in subsection (a), by striking ``2025'' and inserting 
        ``2028''; and
          (2) in subsection (b), by striking ``2026'' and inserting 
        ``2029''.

SEC. 3. RESOURCE ADVISORY COMMITTEE PILOT PROGRAM EXTENSION.

    Section 205(g) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7125(g)) is amended--
          (1) in paragraph (5), by striking ``2023'' and inserting 
        ``2026''; and
          (2) in paragraph (6), in the matter preceding subparagraph 
        (A), by striking ``the date described in paragraph (5)'' and 
        inserting ``October 1, 2023''.

SEC. 4. TECHNICAL CORRECTIONS.

    (a) Resource Advisory Committees.--Section 205 of the Secure Rural 
Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125) 
is amended--
          (1) in subsection (c)--
                  (A) in paragraph (1), by striking ``concerned,'' and 
                inserting ``concerned''; and
                  (B) in paragraph (3), by striking ``the date of the 
                enactment of this Act'' and inserting ``October 3, 
                2008''; and
          (2) in subsection (d)(4), by striking ``to extent'' and 
        inserting ``to the extent''.
    (b) Use of Project Funds.--Section 206(b)(2) of the Secure Rural 
Schools and Community Self-Determination Act of 2000 (16 U.S.C. 
7126(b)(2)) is amended by striking ``concerned,'' and inserting 
``concerned''.

                                Purpose

    The purpose of S. 2581 is to extend the Secure Rural 
Schools and Community Self-Determination Act of 2000.

                          Background and Need

    Congress has authorized payments to States and counties 
containing federally-owned land for more than 100 years to 
compensate for the lack of taxable property. These payments 
have historically been calculated based on the amount of 
revenues received by the applicable land management agency 
through sales, leases, or other uses of federal land or 
extraction of public resources. Federal forest land revenues 
significantly declined beginning in the 1990s, with decreases 
in timber sales as high as 90 percent in some counties. In 
2000, Congress enacted the Secure Rural Schools and Community 
Self-Determination Act (SRS) (Public Law 106-393) to provide 
funding to counties for schools, roads, and other municipal 
services. The SRS program was initially intended to serve as a 
temporary and voluntary program to counties to receive payments 
based on historic, rather than current, averages of revenue-
generating activities on federal forest land.
    The SRS program was designed to bridge the gap to longer-
term solutions for impacted counties (i.e., providing time to 
resolve some of the outstanding economic, forest management, 
and ongoing public lands issues in impacted areas). Although 
the SRS program originally expired at the end of fiscal year 
2006, it has generally been reauthorized on a yearly basis 
since 2006, most recently through the Infrastructure Investment 
and Jobs Act (IIJA; Public Law 117-58). The SRS program expired 
at the end of fiscal year 2023. Legislation is needed to extend 
the authorization of the SRS program.
    Under the SRS program, payments are allocated into three 
broad categories, often referred to by the title of the SRS Act 
which authorized those payments, determined by a formula based 
on historic forest revenues, area of eligible federal lands, 
and county income. Title I payments may be used for schools and 
roads; Title II payments are retained by the applicable agency 
for eligible projects on the lands under their jurisdiction 
within the county; and Title III payments may be used for 
specific county programs, such as fire prevention, planning, 
and emergency services. Title II also provided for the 
establishment of Resource Advisory Committees (RACs) to 
``improve collaborative relationships and provide advice and 
recommendations'' to applicable federal agencies related to the 
use of funds provided under that Title.
    Due to concerns about delays in appointing members to RACs, 
the Agriculture Improvement Act of 2018 (Public Law 115-334) 
established a pilot program explicitly allowing a Regional 
Forester in Montana or Arizona to appoint RAC members for that 
state, rather than the Secretary of the applicable land 
management agency. Because the Department of the Interior does 
not have a Regional Forester position, Department officials 
have testified that the Secretary of the Interior still 
approves any applicable RAC appointments. The pilot program was 
further modified by the IIJA, which allowed the Chief of the 
Forest Service or the Director of the Bureau of Land Management 
to approve RAC appointments for states other than Arizona and 
Montana. The pilot program expired at the end of fiscal year 
2023, with a report on its effectiveness due to Congress within 
180 days. S. 2581 would reauthorize the SRS program and the RAC 
appointment pilot program through fiscal year 2026.

                          Legislative History

    S. 2581 was introduced by Senators Crapo, Wyden, Risch, and 
Merkley on July 27, 2023. The Subcommittee on Public Lands, 
Forests, and Mining held a hearing on S. 2581 on October 25, 
2023. A companion bill, H.R. 5030, was introduced by 
Representative Neguse on July 27, 2023.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on December 14, 2023, by a voice vote of 
a quorum present, recommends that the Senate pass S. 2581, if 
amended as described herein.

                          Committee Amendment

    During the consideration of S. 2581, the Committee adopted 
an amendment in the nature of a substitute. The substitute 
amendment provides for an extension of the Secure Rural Schools 
(SRS) payments program through fiscal year 2026, including an 
extension of the existing Resource Advisory Committees (RAC) 
appointment pilot program. This amendment specifies that 
projects funded through the SRS program would be required to be 
initiated before the end of fiscal year 2028, with funds 
obligated before the end of fiscal year 2029. The amendment 
maintains the timeline for the report on the effectiveness of 
the RAC appointment pilot program.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title, the ``Secure Rural 
Schools Reauthorization Act of 2023.''

Section 2. Extension of Secure Rural Schools and Community Self-
        Determination Act of 2000

    Subsection (a) extends the authority for the Secretary of 
Agriculture and the Secretary of the Interior to calculate and 
provide payments to states and counties under the Secure Rural 
Schools program through fiscal year 2026.
    Subsection (b)(1) extends the authority of the Secretary of 
Agriculture and the Secretary of the Interior to reduce the 
minimum size of Resource Advisory Committees, if sufficient 
willing and qualified candidates have applied to serve.
    Paragraph (2) extends the authority to initiate projects 
using funds provided by the Secure Rural Schools program 
through fiscal year 2028 and extends the deadline to obligate 
those funds until the end of fiscal year 2029.

Section 3. Resource Advisory Committee pilot program extension

    This section amends the Secure Rural Schools and Community 
Self-Determination Act of 2000 to extend the authority to 
conduct a pilot program that authorizes members of Resource 
Advisory Committees to be appointed by senior officials other 
than the Secretary of Agriculture or the Secretary of the 
Interior. The section maintains the requirement that the 
agencies provide a report on the effectiveness of this pilot 
program by 180 days after October 1, 2023.

Section 4. Technical corrections

    This section makes technical amendments to fix grammatical 
or syntactical errors in the Secure Rural Schools and Community 
Self-Determination Act of 2000.

                   Cost and Budgetary Considerations

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 2581, 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will posted on the internet at 
www.cbo.gov.

                      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 S. 2581. 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 S. 2581, as ordered reported.

                   Congressionally Directed Spending

    S. 2581, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Land Management and 
the Forest Service at the Subcommittee on Public Lands, 
Forestry, and Mining hearing on October 25, 2023, on S. 2581 
follows:

 Statement of Nada Wolff Culver, Principal Deputy Director, Bureau of 
Land Management, U.S. Department of the Interior

           *       *       *       *       *       *       *



           s. 2581, secure rural schools reauthorization act


    S. 2581, the Secure Rural Schools and Community Self-
Determination Reauthorization Act, extends the authorization of 
the Secure Rural Schools and Community Self-Determination Act 
of 2000 (P.L. 106-393). Under S. 2581, payments to states and 
counties would be extended through fiscal year 2026, the 
authority to initiate projects would be extended through 
September 2028, and the authority to expend project funds would 
be extended through September 2029.
Analysis
    The Secure Rural Schools and Community Self-Determination 
(SRS) Act provides funding for schools, roads, and other 
municipal services to over 700 counties with Federal lands 
within their borders that cannot provide tax revenue. The SRS 
Act, as it relates to the BLM, was based upon the county 
payments authorized by the Oregon and California Act of 1937 
(O&C Act), and the Coos Bay Wagon Road Act of 1939 (CBWR Act). 
Under the O&C Act and subsequent legislation, the 18 counties 
in western Oregon with O&C lands receive 50 percent of the 
revenue generated from the O&C lands. Under the CBWR Act, the 
two counties in western Oregon with CBWR lands receive payments 
in lieu of taxes for the CBWR lands based on tax rates applied 
to similar private lands from up to 75 percent of the revenue 
generated from the CBWR lands (these two counties also have O&C 
lands). Revenue generated from the O&C and CBWR lands primarily 
comes from timber harvest.
    The BLM manages its portion of the Secure Rural Schools 
program in concert with the U.S. Forest Service. The BLM 
administers the SRS payments for nearly 2.4 million acres of 
BLM-managed public lands located in the 18 western Oregon 
counties with O&C or CBWR lands, known as the ``O&C counties,'' 
and the U.S. Forest Service makes payments to counties in 41 
states. The Department of the Interior defers to the U.S. 
Forest Service regarding activities on their lands.
    Starting in 1991, payments to O&C counties from timber 
harvests consistently dropped from the historic highs 
experienced in the late 1980s. Congress enacted ``safety net 
payments'' to stabilize income flow to timber-dependent 
counties in 1994 (P.L. 103-66). Subsequently, in 2000, Congress 
enacted the SRS Act, which allowed O&C counties to elect to 
receive a payment equal to the average of the payments received 
under the O&C and CBWR Acts in the three years of highest 
payments between 1986 and 1999, in lieu of their payments under 
the O&C and CBWR Acts. Under the SRS Act, states receive funds 
to be distributed directly to the counties (Title I) and elect 
how to allocate the remaining funds between Title II projects 
(administered by the BLM), Title III projects (administered by 
the counties), or returned to the Treasury. Resource Advisory 
Committees (RACs) provide advice and recommendations regarding 
projects requesting Title II funding within the counties.
    Most recently, in November 2021, SRS was reauthorized as a 
part of the Infrastructure Investment and Jobs Act, also known 
as the Bipartisan Infrastructure Law (BIL, Public Law 117-58), 
to issue payments through fiscal year 2023, with the FY 2023 
payment expected to be made in March 2024. The 2021 
reauthorization extended the date by which Title II and Title 
III projects must be initiated to September 30, 2026. Further, 
the BIL established regional and national pilot programs to 
expedite appointment of members to RACs. The authority to 
administer these pilot programs expired on October 1, 2023.
    S. 2581 establishes a new pilot program directing the 
``Secretary concerned'' to allow the regional forester with 
jurisdiction over a unit of Federal land to appoint members of 
the RAC for that unit. The BLM notes that the term ``Secretary 
concerned'' may apply to either the Secretary of the Interior 
or the Secretary of Agriculture. However, the BLM does not have 
a position with the title of ``regional forester.'' Within the 
Department, RAC appointments are made in accordance with rules 
prescribed by the Secretary pursuant to Section 309 of FLPMA 
and recommends that the authority remain with the Secretary per 
current regulations (43 CFR 1784).
    SRS funds support critical county projects and local 
schools. For FY 2022 payments issued in FY 2023, the BLM 
provided nearly $26 million in SRS funds to O&C counties. An 
additional $2.3 million was provided for cooperative projects. 
Authorized by the Western Oregon RAC, these projects improve 
the health of public lands, and can include wildfire hazard 
reduction, stream and watershed restoration, forest road 
maintenance, road decommissioning or obliteration, control of 
noxious weeds, improvement of fish and wildlife habitat, and 
opportunities for youth employment. The BLM looks forward to 
working with Congress on S. 2581.

           *       *       *       *       *       *       *


    Statement of Jacqueline Emanuel, Associate Deputy Chief, Forest 
Service, U.S. Department of Agriculture

           *       *       *       *       *       *       *



           s. 2581, secure rural schools reauthorization act


    S. 2581, ``Secure Rural Schools Reauthorization Act of 
2023'' extends all authorities under the Secure Rural Schools 
and Community Self-Determination Act of 2000, as amended, by 3 
years. Under S. 2581, payments to states and counties would be 
extended through fiscal year 2026, the authority to initiate 
projects would be extended through September 2028, and the 
authority to expend project funds would be extended through 
September 2029.
    In Fiscal Year `23 alone, the Secure Rural Schools (SRS) 
program was responsible for over $228 million in direct 
payments to the 664 counties and an additional $23.6 million to 
Resource Advisory Committees. Extending these authorities by 3 
years would allow Counties to modify their elections between 
1908 25% payments and SRS in 2025. This allows Counties to make 
choices that are best for them.
    An active Resource Advisory Committee (RAC) with 9-15 
members is required to obligate Secure Rural Schools (SRS) 
Title II funds. Section 3 of S. 2581 would replace all current 
national and regional pilot programs for Resource Advisory 
Committee appointments with just one pilot program. The 
proposed pilot program is nearly identical to the current 
regional pilot program but expands the authority nationwide. In 
addition, the bill would extend the pilot authority through 
Oct. 1, 2028. As was the case with the Regional Pilot, Regional 
Foresters would have the authority to appoint RAC members under 
the expanded and extended pilot program in S. 2581.
    The Forest Service has found the Regional Pilot to be 
beneficial. Under the Regional Pilot program, we have seen 
success in recruiting members effectively, maintaining RAC 
quorums, and speeding up approval times. In addition, we have 
seen more RAC meetings and project approvals, which means 
spending more of the funds and implementing more projects. The 
Forest Service anticipates similar results nationwide for the 
pilot under S. 2581.
    USDA looks forward to working with Congress on S. 2581 and 
would be happy to provide technical assistance to ensure 
effective implementation.

           *       *       *       *       *       *       *


                        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 S. 2581, 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):

   SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT OF 2000

Public Law 106-393

           *       *       *       *       *       *       *



  TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL 
                                  LAND

SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL LAND.

    (a) State Payment.--For each of fiscal years 2008 through 
2015 and 2017 through [2023]2026, the Secretary of Agriculture 
shall calculate for each eligible State an amount equal to the 
sum of the products obtained by multiplying--
          (1) the adjusted share for each eligible county 
        within the eligible State; by
          (2) the full funding amount for the fiscal year.
    (b) County Payment.--For each of fiscal years 2008 through 
2015 and 2017 through [2023]2026, the Secretary of the Interior 
shall calculate for each eligible county that received a 50-
percent payment during the eligibility period an amount equal 
to the product obtained by multiplying--
          (1) the 50-percent adjusted share for the eligible 
        county; by
          (2) the full funding amount for the fiscal year.

           *       *       *       *       *       *       *


SEC. 103. TRANSITION PAYMENTS TO STATES.

           *       *       *       *       *       *       *


    (d) Distribution of Payments in California.--The following 
payments shall be distributed among the eligible counties in 
the State of California in the same proportion that payments 
under section 102(a)(2) (as in effect on September 29, 2006) 
were distributed to the eligible counties for fiscal year 2006:
          (1) Payments to the State of California under 
        subsection (b).
          (2) The shares of the eligible counties of the State 
        payment for California under section 7112 of this title 
        for each of fiscal years 2011 through 2015 and for each 
        of fiscal years 2017 through [2023]2026.

           *       *       *       *       *       *       *


TITLE II--SPECIAL PROJECTS ON FEDERAL LAND

           *       *       *       *       *       *       *


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--
                  (A) to improve collaborative relationships; 
                and
                  (B) to provide advice and recommendations to 
                the land management agencies consistent with 
                the purposes of this subchapter.
          (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 1 or more, 
        units of Federal land.
          (4) Existing advisory committees.--
                  (A) In general.--An advisory committee that 
                meets the requirements of this section, a 
                resource advisory committee established before 
                December 20, 2023, or an advisory committee 
                determined by the Secretary concerned before 
                December 20, 2023, to meet the requirements of 
                this section may be deemed by the Secretary 
                concerned to be a resource advisory committee 
                for the purposes of this subchapter.
                  (B) Charter.--A charter for a committee 
                described in subparagraph (A) that was filed on 
                or before December 20, 2023, shall be 
                considered to be filed for purposes of this 
                chapter.
                  (C) Bureau of land management advisory 
                committees.--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 subchapter.
    (b) Duties.--A resource advisory committee shall--
          (1) review projects proposed under this subchapter 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 
        chapter under this subchapter;
          (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 subchapter;
          (5)(A) monitor projects that have been approved under 
        section 204; and
          (B) advise the designated Federal official on the 
        progress of the monitoring efforts under subparagraph 
        (A); and
          (6) make recommendations to the Secretary concerned 
        for any appropriate changes or adjustments to the 
        projects being monitored by the resource advisory 
        committee.
    (c) Appointment by the Secretary.--
          (1) Appointment and term.--
                  (A) In general.--The Secretary 
                [concerned,]concerned shall appoint the members 
                of resource advisory committees for a term of 4 
                years beginning on the date of appointment.
                  (B) Reappointment.--The Secretary concerned 
                may reappoint members to subsequent 4-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.--Not later than 180 days 
        after [the date of enactment of this Act]October 3, 
        2008, the Secretary concerned shall make initial 
        appointments to the resource advisory committees.
          (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.--Except as provided in paragraph (6), 
        each resource advisory committee shall be comprised of 
        15 members.
          (2) Community interests represented.--Except as 
        provided in paragraph (6), committee members shall be 
        representative of the interests of the following 3 
        categories:
                  (A) 5 persons that--
                          (i) represent organized labor or non-
                        timber forest product harvester groups;
                          (ii) represent developed outdoor 
                        recreation, off highway vehicle users, 
                        or commercial recreation activities;
                          (iii) represent--
                                  (I) energy and mineral 
                                development interests; or
                                  (II) commercial or 
                                recreational fishing interests;
                          (iv) represent the commercial timber 
                        industry; or
                          (v) hold Federal grazing or other 
                        land use permits, or represent 
                        nonindustrial private forest land 
                        owners, within the area for which the 
                        committee is organized.
                  (B) 5 persons that represent--
                          (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, wildlife or hunting 
                        organizations, or watershed 
                        associations.
                  (C) 5 persons that--
                          (i) hold State elected office (or a 
                        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 3 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]to the 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.
          (6) Committee composition waiver authority.--
                  (A) Notice.--On notice from the applicable 
                regional forester that an adequate number of 
                qualified candidates are not interested or 
                available to serve on a resource advisory 
                committee, the Secretary concerned shall 
                publish a notice in the Federal Register 
                seeking candidates for the resource advisory 
                committee.
                  (B) Modification of membership 
                requirements.--If, by the date that is 30 days 
                after the date of publication of notice under 
                subparagraph (A), an inadequate number of 
                qualified candidates have applied to serve on a 
                resource advisory committee, the Secretary 
                concerned may reduce--
                          (i) the membership requirement under 
                        paragraph (1) to not fewer than 9; and
                          (ii) the membership requirements 
                        under subparagraphs (A), (B), and (C) 
                        of paragraph (2) to 3 in each category 
                        described in that paragraph, except 
                        that where a vacancy exists on a 
                        resource advisory committee, the 
                        Secretary concerned may not reject a 
                        qualified applicant from any category.
                  (C) Termination of authority.--The authority 
                provided under this paragraph terminates on 
                October 1, [2023]2026.
    (e) Approval Procedures.--
          (1) In general.--Subject to paragraph (3), each 
        resource advisory committee shall establish procedures 
        for proposing projects to the Secretary concerned under 
        this subchapter.
          (2) Quorum.--A quorum must be present to constitute 
        an official meeting of the committee.
          (3) Approval by majority of members.--A project may 
        be proposed by a resource advisory committee to the 
        Secretary concerned under section 203(a), if the 
        project has been approved by a majority of members of 
        the committee from each of the 3 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 1 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.
    (g) Resource Advisory Committee Appointment Pilot 
Programs.--
          (1) Definitions.--In this subsection:
                  (A) Applicable designee.--The term 
                ``applicable designee'' means the applicable 
                regional forester.
                  (B) National pilot program.--The term 
                ``national pilot program'' means the national 
                pilot program established under paragraph 
                (4)(A).
                  (C) Regional pilot program.--The term 
                ``regional pilot program'' means the regional 
                pilot program established under paragraph 
                (3)(A).
          (2) Establishment of pilot programs.--In accordance 
        with paragraphs (3) and (4), the Secretary concerned 
        shall carry out 2 pilot programs to appoint members of 
        resource advisory committees.
          (3) Regional pilot program.--
                  (A) In general.--The Secretary concerned 
                shall carry out a regional pilot program to 
                allow an applicable designee to appoint members 
                of resource advisory committees.
                  (B) Geographic limitation.--The regional 
                pilot program shall only apply to resource 
                advisory committees chartered in--
                          (i) the State of Montana; and
                          (ii) the State of Arizona.
                  (C) Responsibilities of applicable 
                designee.--
                          (I) Review.--Before appointing a 
                        member of a resource advisory committee 
                        under the regional pilot program, an 
                        applicable designee shall conduct the 
                        review and analysis that would 
                        otherwise be conducted for an 
                        appointment to a resource advisory 
                        committee if the regional pilot program 
                        was not in effect, including any review 
                        and analysis with respect to civil 
                        rights and budgetary requirements.
                          (ii) Savings clause.--Nothing in this 
                        paragraph relieves an applicable 
                        designee from any requirement developed 
                        by the Secretary concerned for making 
                        an appointment to a resource advisory 
                        committee that is in effect on December 
                        20, 2018, including any requirement for 
                        advertising a vacancy.
          (4) National pilot program.--
                  (A) In general.--The Secretary concerned 
                shall carry out a national pilot program to 
                allow the Chief of the Forest Service or the 
                Director of the Bureau of Land Management, as 
                applicable, to submit to the Secretary 
                concerned nominations of individuals for 
                appointment as members of resource advisory 
                committees.
                  (B) Appointment.--Under the national pilot 
                program, subject to subparagraph (C), not later 
                than 30 days after the date on which a 
                nomination is transmitted to the Secretary 
                concerned under subparagraph (A), the Secretary 
                concerned shall--
                          (i) appoint the nominee to the 
                        applicable resource advisory committee; 
                        or
                          (ii) reject the nomination.
                  (C) Automatic appointment.--If the Secretary 
                concerned does not act on a nomination in 
                accordance with subparagraph (B) by the date 
                described in that subparagraph, the nominee 
                shall be deemed appointed to the applicable 
                resource advisory committee.
                  (D) Geographic limitation.--The national 
                pilot program shall apply to a resource 
                advisory committee chartered in any State other 
                than--
                          (i) the State of Montana; or
                          (ii) the State of Arizona.
                  (E) Savings clause.--Nothing in this 
                paragraph relieves the Secretary concerned from 
                any requirement relating to an appointment to a 
                resource advisory committee, including any 
                requirement with respect to civil rights or 
                advertising a vacancy.
          (5) Termination of effectiveness.--The authority 
        provided under this subsection terminates on October 1, 
        [2023]2026.
          (6) Report to congress.--Not later 180 days after 
        [the date described in paragraph (5)]October 1, 2023, 
        the Secretary concerned shall submit to Congress a 
        report that includes--
                  (A) with respect to appointments made under 
                the regional pilot program compared to 
                appointments made under the national pilot 
                program, a description of the extent to which--
                          (i) appointments were faster or 
                        slower; and
                          (ii) the requirements described in 
                        paragraph (3)(C)(i) differ; and
                  (B) a recommendation with respect to whether 
                Congress should terminate, continue, modify, or 
                expand the pilot programs.

SEC. 206. USE OF PROJECT FUNDS.

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    (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 land or Bureau of Land Management 
        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 land or Bureau of Land 
        Management District [concerned,]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.

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SEC. 208. TERMINATION OF AUTHORITY.

    (a) In General.--The authority to initiate projects under 
this subchapter shall terminate on September 30, [2025]2028.
    (b) Deposits in Treasury.--Any project funds not obligated 
by September 30, [2026]2029, shall be deposited in the Treasury 
of the United States.

TITLE III--COUNTY FUNDS

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SEC. 305. TERMINATION OF AUTHORITY.

    (a) In General.--The authority to initiate projects under 
this subchapter terminates on September 30, [2025]2028.
    (b) Availability.--Any county funds not obligated by 
September 30, [2026]2029, shall be returned to the Treasury of 
the United States.

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