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[106th Congress Public Law 393]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ393.106]

[[Page 114 STAT. 1607]]

Public Law 106-393
106th Congress

                                 An Act

 
    To restore stability <<NOTE: Oct. 30, 2000 -  [H.R. 2389]>>  and 
   predictability to the annual payments made to States and counties 
containing National Forest System lands and public domain lands managed 
by the Bureau of Land Management for use by the counties for the benefit 
              of public schools, roads, and other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Secure Rural Schools and 
Community Self-Determination Act of 2000. 16 USC 500 note.>>  assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Secure Rural 
Schools and Community Self-Determination Act of 2000''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Conforming amendment.

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

Sec. 101. Determination of full payment amount for eligible States and 
           counties.
Sec. 102. Payments to States from National Forest Service lands for use 
           by counties to benefit public education and transportation.
Sec. 103. Payments to counties from Bureau of Land Management lands for 
           use to benefit public safety, law enforcement, education, and 
           other public purposes.

               TITLE II--SPECIAL PROJECTS ON FEDERAL LANDS

Sec. 201. Definitions.
Sec. 202. General limitation on use of project funds.
Sec. 203. Submission of project proposals.
Sec. 204. Evaluation and approval of projects by Secretary concerned.
Sec. 205. Resource advisory committees.
Sec. 206. Use of project funds.
Sec. 207. Availability of project funds.
Sec. 208. Termination of authority.

                       TITLE III--COUNTY PROJECTS

Sec. 301. Definitions.
Sec. 302. Use of county funds.
Sec. 303. Termination of authority.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Authorization of appropriations.
Sec. 402. Treatment of funds and revenues.
Sec. 403. Regulations.
Sec. 404. Conforming amendments.

             TITLE V--MINERAL REVENUE PAYMENTS CLARIFICATION

Sec. 501. Short title.
Sec. 502. Findings.

[[Page 114 STAT. 1608]]

Sec. 503. Amendment of the Mineral Leasing Act.

                 TITLE VI--COMMUNITY FOREST RESTORATION

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Purposes.
Sec. 604. Definitions.
Sec. 605. Establishment of program.
Sec. 606. Selection process.
Sec. 607. Monitoring and evaluation.
Sec. 608. Report.
Sec. 609. Authorization of appropriations.

SEC. <<NOTE: 16 USC 500 note.>>  2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) The National Forest System, which is managed by the 
        United States Forest Service, was established in 1907 and has 
        grown to include approximately 192,000,000 acres of Federal 
        lands.
            (2) The public domain lands known as revested Oregon and 
        California Railroad grant lands and the reconveyed Coos Bay 
        Wagon Road grant lands, which are managed predominantly by the 
        Bureau of Land Management were returned to Federal ownership in 
        1916 and 1919 and now comprise approximately 2,600,000 acres of 
        Federal lands.
            (3) Congress recognized that, by its decision to secure 
        these lands in Federal ownership, the counties in which these 
        lands are situated would be deprived of revenues they would 
        otherwise receive if the lands were held in private ownership.
            (4) These same counties have expended public funds year 
        after year to provide services, such as education, road 
        construction and maintenance, search and rescue, law 
        enforcement, waste removal, and fire protection, that directly 
        benefit these Federal lands and people who use these lands.
            (5) To accord a measure of compensation to the affected 
        counties for the critical services they provide to both county 
        residents and visitors to these Federal lands, Congress 
        determined that the Federal Government should share with these 
        counties a portion of the revenues the United States receives 
        from these Federal lands.
            (6) Congress enacted in 1908 and subsequently amended a law 
        that requires that 25 percent of the revenues derived from 
        National Forest System lands be paid to States for use by the 
        counties in which the lands are situated for the benefit of 
        public schools and roads.
            (7) Congress enacted in 1937 and subsequently amended a law 
        that requires that 75 percent of the revenues derived from the 
        revested and reconveyed grant lands be paid to the counties in 
        which those lands are situated to be used as are other county 
        funds, of which 50 percent is to be used as other county funds.
            (8) For several decades primarily due to the growth of the 
        Federal timber sale program, counties dependent on and 
        supportive of these Federal lands received and relied on 
        increasing shares of these revenues to provide funding for 
        schools and road maintenance.
            (9) In recent years, the principal source of these revenues, 
        Federal timber sales, has been sharply curtailed and, as the 
        volume of timber sold annually from most of the Federal lands

[[Page 114 STAT. 1609]]

        has decreased precipitously, so too have the revenues shared 
        with the affected counties.
            (10) This decline in shared revenues has affected 
        educational funding and road maintenance for many counties.
            (11) In the Omnibus Budget Reconciliation Act of 1993, 
        Congress recognized this trend and ameliorated its adverse 
        consequences by providing an alternative annual safety net 
        payment to 72 counties in Oregon, Washington, and northern 
        California in which Federal timber sales had been restricted or 
        prohibited by administrative and judicial decisions to protect 
        the northern spotted owl.
            (12) The authority for these particular safety net payments 
        is expiring and no comparable authority has been granted for 
        alternative payments to counties elsewhere in the United States 
        that have suffered similar losses in shared revenues from the 
        Federal lands and in the funding for schools and roads those 
        revenues provide.
            (13) There is a need to stabilize education and road 
        maintenance funding through predictable payments to the affected 
        counties, job creation in those counties, and other 
        opportunities associated with restoration, maintenance, and 
        stewardship of Federal lands.
            (14) Both the Forest Service and the Bureau of Land 
        Management face significant backlogs in infrastructure 
        maintenance and ecosystem restoration that are difficult to 
        address through annual appropriations.
            (15) There is a need to build new, and strengthen existing, 
        relationships and to improve management of public lands and 
        waters.

    (b) Purposes.--The purposes of this Act are as follows:
            (1) To stabilize payments to counties to provide funding for 
        schools and roads that supplements other available funds.
            (2) To make additional investments in, and create additional 
        employment opportunities through, projects that improve the 
        maintenance of existing infrastructure, implement stewardship 
        objectives that enhance forest ecosystems, and restore and 
        improve land health and water quality. Such projects shall enjoy 
        broad-based support with objectives that may include, but are 
        not limited to--
                    (A) road, trail, and infrastructure maintenance or 
                obliteration;
                    (B) soil productivity improvement;
                    (C) improvements in forest ecosystem health;
                    (D) watershed restoration and maintenance;
                    (E) restoration, maintenance and improvement of 
                wildlife and fish habitat;
                    (F) control of noxious and exotic weeds; and
                    (G) reestablishment of native species.
            (3) To improve cooperative relationships among the people 
        that use and care for Federal lands and the agencies that manage 
        these lands.

SEC. <<NOTE: 16 USC 500 note.>>  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

[[Page 114 STAT. 1610]]

                Resources Planning Act of 1974 (16 U.S.C. 1609(a)) 
                exclusive of the National Grasslands and land 
                utilization projects designated as National Grasslands 
                administered pursuant to the Act of July 22, 1937 (7 
                U.S.C. 1010-1012); and
                    (B) such portions of the revested Oregon and 
                California Railroad and reconveyed Coos Bay Wagon Road 
                grant lands as are or may hereafter come under the 
                jurisdiction of the Department of the Interior, which 
                have heretofore or may hereafter be classified as 
                timberlands, and power-site lands valuable for timber, 
                that shall be managed, except as provided in the former 
                section 3 of the Act of August 28, 1937 (50 Stat. 875; 
                43 U.S.C. 1181c), for permanent forest production.
            (2) Eligibility period.--The term ``eligibility period'' 
        means fiscal year 1986 through fiscal year 1999.
            (3) Eligible county.--The term ``eligible county'' means a 
        county that received 50-percent payments for one or more fiscal 
        years of the eligibility period or a county that received a 
        portion of an eligible State's 25-percent payments for one or 
        more fiscal years of the eligibility period. The term includes a 
        county established after the date of the enactment of this Act 
        so long as the county includes all or a portion of a county 
        described in the preceding sentence.
            (4) Eligible state.--The term ``eligible State'' means a 
        State that received 25-percent payments for one or more fiscal 
        years of the eligibility period.
            (5) Full payment amount.--The term ``full payment amount'' 
        means the amount calculated for each eligible State and eligible 
        county under section 101.
            (6) 25-percent payment.--The term ``25-percent payment'' 
        means the payment to States required by the sixth paragraph 
        under the heading of ``FOREST SERVICE'' in the Act of May 23, 
        1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of 
        March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
            (7) 50-percent payment.--The term ``50-percent payment'' 
        means the payment that is the sum of the 50-percent share 
        otherwise paid to a county pursuant to title II of the Act of 
        August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), 
        and the payment made to a county pursuant to the Act of May 24, 
        1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et seq.).
            (8) Safety net payments.--The term ``safety net payments'' 
        means the special payment amounts paid to States and counties 
        required by section 13982 or 13983 of the Omnibus Budget 
        Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500 
        note; 43 U.S.C. 1181f note).

SEC. 4. CONFORMING AMENDMENT.

    Section 6903(a)(1)(C) of title 31, United States Code, is amended by 
inserting after ``(16 U.S.C. 500)'' the following: ``or the Secure Rural 
Schools and Community Self-Determination Act of 2000''.

[[Page 114 STAT. 1611]]

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

SEC. <<NOTE: 16 USC 500 note.>>  101. DETERMINATION OF FULL PAYMENT 
            AMOUNT FOR ELIGIBLE STATES AND COUNTIES.

    (a) Calculation Required.--
            (1) Eligible states.--For fiscal years 2001 through 2006, 
        the Secretary of the Treasury shall calculate for each eligible 
        State that received a 25-percent payment during the eligibility 
        period an amount equal to the average of the three highest 25-
        percent payments and safety net payments made to that eligible 
        State for the fiscal years of the eligibility period.
            (2) Bureau of land management counties.--For fiscal years 
        2001 through 2006, the Secretary of the Treasury shall calculate 
        for each eligible county that received a 50-percent payment 
        during the eligibility period an amount equal to the average of 
        the three highest 50-percent payments and safety net payments 
        made to that eligible county for the fiscal years of the 
        eligibility period.

    (b) <<NOTE: Bureau of Labor Statistics, publication.>>  Annual 
Adjustment.--For each fiscal year in which payments are required to be 
made to eligible States and eligible counties under this title, the 
Secretary of the Treasury shall adjust the full payment amount for the 
previous fiscal year for each eligible State and eligible county to 
reflect 50 percent of the changes in the consumer price index for rural 
areas (as published in the Bureau of Labor Statistics) that occur after 
publication of that index for fiscal year 2000.

SEC. <<NOTE: 16 USC 500 note.>>  102. PAYMENTS TO STATES FROM NATIONAL 
            FOREST SYSTEM LANDS FOR USE BY COUNTIES TO BENEFIT PUBLIC 
            EDUCATION AND TRANSPORTATION.

    (a) Payment Amounts.--The Secretary of the Treasury shall pay an 
eligible State the sum of the amounts elected under subsection (b) by 
each eligible county for either--
            (1) the 25-percent payment under the Act of May 23, 1908 (16 
        U.S.C. 500), and section 13 of the Act of March 1, 1911 (16 
        U.S.C. 500); or
            (2) the full payment amount in place of the 25-percent 
        payment.

    (b) Election To Receive Payment Amount.--
            (1) Election; submission of results.--The election to 
        receive either the full payment amount or the 25-percent payment 
        shall be made at the discretion of each affected county and 
        transmitted to the Secretary by the Governor of a State.
            (2) Duration of election.--A county election to receive the 
        25-percent payment shall be effective for two fiscal years. When 
        a county elects to receive the full payment amount, such 
        election shall be effective for all the subsequent fiscal years 
        through fiscal year 2006.
            (3) Source of payment amounts.--The payment to an eligible 
        State under this section for a fiscal year shall be derived from 
        any revenues, fees, penalties, or miscellaneous receipts, 
        exclusive of deposits to any relevant trust fund, or special 
        accounts, received by the Federal Government from activities

[[Page 114 STAT. 1612]]

        by the Forest Service on the Federal lands described in section 
        3(1)(A) and to the extent of any shortfall, out of any funds in 
        the Treasury not otherwise appropriated.

    (c) Distribution and Expenditure of Payments.--
            (1) Distribution method.--A State that receives a payment 
        under subsection (a) shall distribute the payment among all 
        eligible counties in the State in accordance with the Act of May 
        23, 1908 (16 U.S.C. 500), and section 13 of the Act of March 1, 
        1911 (36 Stat. 963; 16 U.S.C. 500).
            (2) Expenditure purposes.--Subject to subsection (d), 
        payments received by a State under subsection (a) and 
        distributed to eligible counties shall be expended as required 
        by the laws referred to in paragraph (1).

    (d) Expenditure Rules for Eligible Counties.--
            (1) Allocations.--
                    (A) Use of portion in same manner as 25-percent 
                payments.--If an eligible county elects to receive its 
                share of the full payment amount, not less than 80 
                percent, but not more than 85 percent, of the funds 
                shall be expended in the same manner in which the 25-
                percent payments are required to be expended.
                    (B) Election as to use of balance.--An eligible 
                county shall elect to do one or more of the following 
                with the balance of the funds not expended pursuant to 
                subparagraph (A):
                          (i) Reserve the balance for projects in 
                      accordance with title II.
                          (ii) Reserve the balance for projects in 
                      accordance with title III.
                          (iii) Return the balance to the General 
                      Treasury in accordance with section 402(b).
            (2) Distribution of funds.--
                    (A) Treatment of title ii funds.--Funds reserved by 
                an eligible county under paragraph (1)(B)(i) shall be 
                deposited in a special account in the Treasury of the 
                United States and shall be available for expenditure by 
                the Secretary of Agriculture, without further 
                appropriation, and shall remain available until expended 
                in accordance with title II.
                    (B) Treatment of title iii funds.--Funds reserved by 
                an eligible county under paragraph (1)(B)(ii) shall be 
                available for expenditure by the county and shall remain 
                available, until expended, in accordance with title III.
            (3) Election.--
                    (A) <<NOTE: Notification. Deadline.>>  In general.--
                An eligible county shall notify the Secretary of 
                Agriculture of its election under this subsection not 
                later than September 30 of each fiscal year. If the 
                eligible county fails to make an election by that date, 
                the county is deemed to have elected to expend 85 
                percent of the funds to be received under this section 
                in the same manner in which the 25-percent payments are 
                required to be expended, and shall remit the balance to 
                the Treasury of the United States in accordance with 
                section 402(b).
                    (B) Counties with minor distributions.--
                Notwithstanding any adjustment made pursuant to section 
                101(b) in the case of each eligible county to which less 
                than $100,000 is distributed for any fiscal year 
                pursuant to

[[Page 114 STAT. 1613]]

                subsection (c)(1), the eligible county may elect to 
                expend all such funds in accordance with subsection 
                (c)(2).

    (e) Time for Payment.--The payment to an eligible State under this 
section for a fiscal year shall be made as soon as practicable after the 
end of that fiscal year.

SEC. <<NOTE: 16 USC 500 note.>>  103. PAYMENTS TO COUNTIES FROM BUREAU 
            OF LAND MANAGEMENT LANDS FOR USE TO BENEFIT PUBLIC SAFETY, 
            LAW ENFORCEMENT, EDUCATION, AND OTHER PUBLIC PURPOSES.

    (a) Payment.--The Secretary of the Treasury shall pay an eligible 
county either--
            (1) the 50-percent payment under the Act of August 28, 1937 
        (43 U.S.C. 1181f ), or the Act of May 24, 1939 (43 U.S.C. 1181f-
        1) as appropriate; or
            (2) the full payment amount in place of the 50-percent 
        payment.

    (b) Election To Receive Full Payment Amount.--
            (1) Election; duration.--The election to receive the full 
        payment amount shall be made at the discretion of the county. 
        Once the election is made, it shall be effective for the fiscal 
        year in which the election is made and all subsequent fiscal 
        years through fiscal year 2006.
            (2) Source of payment amounts.--The payment to an eligible 
        county under this section for a fiscal year shall be derived 
        from any revenues, fees, penalties, or miscellaneous receipts, 
        exclusive of deposits to any relevant trust fund, or permanent 
        operating funds, received by the Federal Government from 
        activities by the Bureau of Land Management on the Federal lands 
        described in section 3(1)(B) and to the extent of any shortfall, 
        out of any funds in the Treasury not otherwise appropriated.

    (c) Expenditure Rules for Eligible Counties.--
            (1) Allocations.--
                    (A) Use of portion in same manner as 50-percent 
                payments.--Of the funds to be paid to an eligible county 
                pursuant to subsection (a)(2), not less than 80 percent, 
                but not more than 85 percent, of the funds distributed 
                to the eligible county shall be expended in the same 
                manner in which the 50-percent payments are required to 
                be expended.
                    (B) Election as to use of balance.--An eligible 
                county shall elect to do one or more of the following 
                with the balance of the funds not expended pursuant to 
                subparagraph (A):
                          (i) Reserve the balance for projects in 
                      accordance with title II.
                          (ii) Reserve the balance for projects in 
                      accordance with title III.
                          (iii) Return the balance to the General 
                      Treasury in accordance with section 402(b).
            (2) Distribution of funds.--
                    (A) Treatment of title ii funds.--Funds reserved by 
                an eligible county under paragraph (1)(B)(i) shall be 
                deposited in a special account in the Treasury of the 
                United States and shall be available for expenditure by 
                the Secretary of the Interior, without further 
                appropriation, and

[[Page 114 STAT. 1614]]

                shall remain available until expended in accordance with 
                title II.
                    (B) Treatment of title iii funds.--Funds reserved by 
                an eligible county under paragraph (1)(B)(ii) shall be 
                available for expenditure by the county and shall remain 
                available, until expended, in accordance with title III.
            (3) <<NOTE: Notification. Deadline.>>  Election.--An 
        eligible county shall notify the Secretary of the Interior of 
        its election under this subsection not later than September 30 
        of each fiscal year. If the eligible county fails to make an 
        election by that date, the county is deemed to have elected to 
        expend 85 percent of the funds received under subsection (a)(2) 
        in the same manner in which the 50-percent payments are required 
        to be expended and shall remit the balance to the Treasury of 
        the United States in accordance with section 402(b).

    (d) Time for Payment.--The payment to an eligible county under this 
section for a fiscal year shall be made as soon as practicable after the 
end of that fiscal year.

               TITLE II--SPECIAL PROJECTS ON FEDERAL LANDS

SEC. <<NOTE: 16 USC 500 note.>>  201. DEFINITIONS.

    In this title:
            (1) Participating county.--The term ``participating county'' 
        means an eligible county that elects under section 
        102(d)(1)(B)(i) or 103(c)(1)(B)(i) to expend a portion of the 
        Federal funds received under section 102 or 103 in accordance 
        with this title.
            (2) Project funds.--The term ``project funds'' means all 
        funds an eligible county elects under sections 102(d)(1)(B)(i) 
        and 103(c)(1)(B)(i) to reserve for expenditure in accordance 
        with this title.
            (3) Resource advisory committee.--The term ``resource 
        advisory committee'' means an advisory committee established by 
        the Secretary concerned under section 205, or determined by the 
        Secretary concerned to meet the requirements of section 205.
            (4) Resource management plan.--The term ``resource 
        management plan'' means a land use plan prepared by the Bureau 
        of Land Management for units of the Federal lands described in 
        section 3(1)(B) pursuant to section 202 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1712) or a land and 
        resource management plan prepared by the Forest Service for 
        units of the National Forest System pursuant to section 6 of the 
        Forest and Rangeland Renewable Resources Planning Act of 1974 
        (16 U.S.C. 1604).
            (5) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of Agriculture or the designee of 
                the Secretary of Agriculture with respect to the Federal 
                lands described in section 3(1)(A); and
                    (B) the Secretary of the Interior or the designee of 
                the Secretary of the Interior with respect to the 
                Federal lands described in section 3(1)(B).

[[Page 114 STAT. 1615]]

SEC. <<NOTE: 16 USC 500 note.>>  202. GENERAL LIMITATION ON USE OF 
            PROJECT FUNDS.

    Project funds shall be expended solely on projects that meet the 
requirements of this title. Project funds may be used by the Secretary 
concerned for the purpose of entering into and implementing cooperative 
agreements with willing Federal agencies, State and local governments, 
private and nonprofit entities, and landowners for protection, 
restoration and enhancement of fish and wildlife habitat, and other 
resource objectives consistent with the purposes of this title on 
Federal land and on non-Federal land where projects would benefit these 
resources on Federal land.

SEC. <<NOTE: 16 USC 500 note.>>  203. SUBMISSION OF PROJECT PROPOSALS.

    (a) Submission of Project Proposals to Secretary Concerned.--
            (1) <<NOTE: Deadline.>>  Projects funded using project 
        funds.--Not later than September 30 for fiscal year 2001, and 
        each September 30 thereafter for each succeeding fiscal year 
        through fiscal year 2006, each resource advisory committee shall 
        submit to the Secretary concerned a description of any projects 
        that the resource advisory committee proposes the Secretary 
        undertake using any project funds reserved by eligible counties 
        in the area in which the resource advisory committee has 
        geographic jurisdiction.
            (2) Projects funded using other funds.--A resource advisory 
        committee may submit to the Secretary concerned a description of 
        any projects that the committee proposes the Secretary undertake 
        using funds from State or local governments, or from the private 
        sector, other than project funds and funds appropriated and 
        otherwise available to do similar work.
            (3) Joint projects.--Participating counties or other persons 
        may propose to pool project funds or other funds, described in 
        paragraph (2), and jointly propose a project or group of 
        projects to a resource advisory committee established under 
        section 205.

    (b) Required Description of Projects.--In submitting proposed 
projects to the Secretary concerned under subsection (a), a resource 
advisory committee shall include in the description of each proposed 
project the following information:
            (1) The purpose of the project and a description of how the 
        project will meet the purposes of this Act.
            (2) The anticipated duration of the project.
            (3) The anticipated cost of the project.
            (4) The proposed source of funding for the project, whether 
        project funds or other funds.
            (5) Expected outcomes, including how the project will meet 
        or exceed desired ecological conditions, maintenance objectives, 
        or stewardship objectives, as well as an estimation of the 
        amount of any timber, forage, and other commodities and other 
        economic activity, including jobs generated, if any, anticipated 
        as part of the project.
            (6) A detailed monitoring plan, including funding needs and 
        sources, that tracks and identifies the positive or negative 
        impacts of the project, implementation, and provides for 
        validation monitoring. The monitoring plan shall include an 
        assessment of the following: Whether or not the project met or

[[Page 114 STAT. 1616]]

        exceeded desired ecological conditions; created local employment 
        or training opportunities, including summer youth jobs programs 
        such as the Youth Conservation Corps where appropriate; and 
        whether the project improved the use of, or added value to, any 
        products removed from lands consistent with the purposes of this 
        Act.
            (7) An assessment that the project is to be in the public 
        interest.

    (c) Authorized Projects.--Projects proposed under subsection (a) 
shall be consistent with section 2(b).

SEC. <<NOTE: 16 USC 500 note.>>  204. EVALUATION AND APPROVAL OF 
            PROJECTS BY SECRETARY CONCERNED.

    (a) Conditions for Approval of Proposed Project.--The Secretary 
concerned may make a decision to approve a project submitted by a 
resource advisory committee under section 203 only if the proposed 
project satisfies each of the following conditions:
            (1) The project complies with all applicable Federal laws 
        and regulations.
            (2) The project is consistent with the applicable resource 
        management plan and with any watershed or subsequent plan 
        developed pursuant to the resource management plan and approved 
        by the Secretary concerned.
            (3) The project has been approved by the resource advisory 
        committee in accordance with section 205, including the 
        procedures issued under subsection (e) of such section.
            (4) A project description has been submitted by the resource 
        advisory committee to the Secretary concerned in accordance with 
        section 203.
            (5) The project will improve the maintenance of existing 
        infrastructure, implement stewardship objectives that enhance 
        forest ecosystems, and restore and improve land health and water 
        quality.

    (b) Environmental Reviews.--
            (1) Payment of review costs.--
                    (A) Request for payment by county.--The Secretary 
                concerned may request the resource advisory committee 
                submitting a proposed project to agree to the use of 
                project funds to pay for any environmental review, 
                consultation, or compliance with applicable 
                environmental laws required in connection with the 
                project. When such a payment is requested and the 
                resource advisory committee agrees to the expenditure of 
                funds for this purpose, the Secretary concerned shall 
                conduct environmental review, consultation, or other 
                compliance responsibilities in accordance with Federal 
                law and regulations.
                    (B) Effect of refusal to pay.--If a resource 
                advisory committee does not agree to the expenditure of 
                funds under subparagraph (A), the project shall be 
                deemed withdrawn from further consideration by the 
                Secretary concerned pursuant to this title. Such a 
                withdrawal shall be deemed to be a rejection of the 
                project for purposes of section 207(c).

    (c) Decisions of Secretary Concerned.--
            (1) Rejection of projects.--A decision by the Secretary 
        concerned to reject a proposed project shall be at the 
        Secretary's sole discretion. Notwithstanding any other provision 
        of law,

[[Page 114 STAT. 1617]]

        a decision by the Secretary concerned to reject a proposed 
        project shall not be subject to administrative appeal or 
        judicial review. <<NOTE: Deadline. Notification.>>  Within 30 
        days after making the rejection decision, the Secretary 
        concerned shall notify in writing the resource advisory 
        committee that submitted the proposed project of the rejection 
        and the reasons for rejection.
            (2) Notice of project approval.--The <<NOTE: Federal 
        Register, publication.>>  Secretary concerned shall publish in 
        the Federal Register notice of each project approved under 
        subsection (a) if such notice would be required had the project 
        originated with the Secretary.

    (d) Source and Conduct of Project.--Once the Secretary concerned 
accepts a project for review under section 203, it shall be deemed a 
Federal action for all purposes.
    (e) Implementation of Approved Projects.--
            (1) Cooperation.--Notwithstanding chapter 63 of title 31, 
        United States Code, using project funds the Secretary concerned 
        may enter into contracts, grants, and cooperative agreements 
        with States and local governments, private and nonprofit 
        entities, and landowners and other persons to assist the 
        Secretary in carrying out an approved project.
            (2) Best value contracting.--For any project involving a 
        contract authorized by paragraph (1) the Secretary concerned may 
        elect a source for performance of the contract on a best value 
        basis. The Secretary concerned shall determine best value based 
        on such factors as:
                    (A) The technical demands and complexity of the work 
                to be done.
                    (B) The ecological objectives of the project and the 
                sensitivity of the resources being treated.
                    (C) The past experience by the contractor with the 
                type of work being done, using the type of equipment 
                proposed for the project, and meeting or exceeding 
                desired ecological conditions.
                    (D) The commitment of the contractor to hiring 
                highly qualified workers and local residents.
            (3) Merchantable material contracting pilot program.--
                    (A) Establishment.--The Secretary concerned shall 
                establish a pilot program to implement a certain 
                percentage of approved projects involving the sale of 
                merchantable material using separate contracts for--
                          (i) the harvesting or collection of 
                      merchantable material; and
                          (ii) the sale of such material.
                    (B) Annual percentages.--Under the pilot program, 
                the Secretary concerned shall ensure that, on a 
                nationwide basis, not less than the following percentage 
                of all approved projects involving the sale of 
                merchantable material are implemented using separate 
                contracts:
                          (i) For fiscal year 2001, 15 percent.
                          (ii) For fiscal year 2002, 25 percent.
                          (iii) For fiscal year 2003, 25 percent.
                          (iv) For fiscal year 2004, 50 percent.
                          (v) For fiscal year 2005, 50 percent.
                          (vi) For fiscal year 2006, 50 percent.
                    (C) Inclusion in pilot program.--The decision 
                whether to use separate contracts to implement a project

[[Page 114 STAT. 1618]]

                involving the sale of merchantable material shall be 
                made by the Secretary concerned after the approval of 
                the project under this title.
                    (D) Assistance.--The Secretary concerned may use 
                funds from any appropriated account available to the 
                Secretary for the Federal lands to assist in the 
                administration of projects conducted under the pilot 
                program. The total amount obligated under this 
                subparagraph may not exceed $1,000,000 for any fiscal 
                year during which the pilot program is in effect.
                    (E) <<NOTE: Deadline.>>  Review and report.--Not 
                later than September 30, 2003, the Comptroller General 
                shall submit to the Committee on Agriculture, Nutrition, 
                and Forestry of the Senate, the Committee on Energy and 
                Natural Resources of the Senate, the Committee on 
                Agriculture of the House of Representatives, and the 
                Committee on Resources of the House of Representatives a 
                report assessing the pilot program. The Secretary 
                concerned shall submit to such committees an annual 
                report describing the results of the pilot program.

    (f ) Requirements for Project Funds.--The Secretary shall ensure 
that at least 50 percent of all project funds be used for projects that 
are primarily dedicated--
            (1) to road maintenance, decommissioning, or obliteration; 
        or
            (2) to restoration of streams and watersheds.

SEC. <<NOTE: 16 USC 500 note.>>  205. RESOURCE ADVISORY COMMITTEES.

    (a) Establishment and Purpose of Resource Advisory Committees.--
            (1) Establishment.--The Secretary concerned shall establish 
        and maintain resource advisory committees to perform the duties 
        in subsection (b), except as provided in paragraph (4).
            (2) Purpose.--The purpose of a resource advisory committee 
        shall be to improve collaborative relationships and to provide 
        advice and recommendations to the land management agencies 
        consistent with the purposes of this Act.
            (3) Access to resource advisory committees.--To ensure that 
        each unit of Federal land has access to a resource advisory 
        committee, and that there is sufficient interest in 
        participation on a committee to ensure that membership can be 
        balanced in terms of the points of view represented and the 
        functions to be performed, the Secretary concerned may, 
        establish resource advisory committees for part of, or one or 
        more, units of Federal lands.
            (4) Existing advisory committees.--Existing advisory 
        committees meeting the requirements of this section may be 
        deemed by the Secretary concerned, as a resource advisory 
        committee for the purposes of this title. The Secretary of the 
        Interior may deem a resource advisory committee meeting the 
        requirements of subpart 1784 of part 1780 of title 43, Code of 
        Federal Regulations, as a resource advisory committee for the 
        purposes of this title.

    (b) Duties.--A resource advisory committee shall--
            (1) review projects proposed under this title by 
        participating counties and other persons;

[[Page 114 STAT. 1619]]

            (2) propose projects and funding to the Secretary concerned 
        under section 203;
            (3) provide early and continuous coordination with 
        appropriate land management agency officials in recommending 
        projects consistent with purposes of this Act under this title; 
        and
            (4) provide frequent opportunities for citizens, 
        organizations, tribes, land management agencies, and other 
        interested parties to participate openly and meaningfully, 
        beginning at the early stages of the project development process 
        under this title.

    (c) Appointment by the Secretary.--
            (1) Appointment and term.--The Secretary concerned, shall 
        appoint the members of resource advisory committees for a term 
        of 3 years beginning on the date of appointment. The Secretary 
        concerned may reappoint members to subsequent 3-year terms.
            (2) Basic requirements.--The Secretary concerned shall 
        ensure that each resource advisory committee established meets 
        the requirements of subsection (d).
            (3) <<NOTE: Deadline.>>  Initial appointment.--The Secretary 
        concerned shall make initial appointments to the resource 
        advisory committees not later than 180 days after the date of 
        the enactment of this Act.
            (4) Vacancies.--The Secretary concerned shall make 
        appointments to fill vacancies on any resource advisory 
        committee as soon as practicable after the vacancy has occurred.
            (5) Compensation.--Members of the resource advisory 
        committees shall not receive any compensation.

    (d) Composition of Advisory Committee.--
            (1) Number.--Each resource advisory committee shall be 
        comprised of 15 members.
            (2) Community interests represented.--Committee members 
        shall be representative of the interests of the following three 
        categories:
                    (A) five persons who--
                          (i) represent organized labor;
                          (ii) represent developed outdoor recreation, 
                      off highway vehicle users, or commercial 
                      recreation activities;
                          (iii) represent energy and mineral development 
                      interests;
                          (iv) represent the commercial timber industry; 
                      or
                          (v) hold Federal grazing permits, or other 
                      land use permits within the area for which the 
                      committee is organized.
                    (B) five persons representing--
                          (i) nationally recognized environmental 
                      organizations;
                          (ii) regionally or locally recognized 
                      environmental organizations;
                          (iii) dispersed recreational activities;
                          (iv) archaeological and historical interests; 
                      or
                          (v) nationally or regionally recognized wild 
                      horse and burro interest groups.
                    (C) five persons who--
                          (i) hold State elected office or their 
                      designee;

[[Page 114 STAT. 1620]]

                          (ii) hold county or local elected office;
                          (iii) represent American Indian tribes within 
                      or adjacent to the area for which the committee is 
                      organized;
                          (iv) are school officials or teachers; or
                          (v) represent the affected public at large.
            (3) Balanced representation.--In appointing committee 
        members from the three categories in paragraph (2), the 
        Secretary concerned shall provide for balanced and broad 
        representation from within each category.
            (4) Geographic distribution.--The members of a resource 
        advisory committee shall reside within the State in which the 
        committee has jurisdiction and, to extent practicable, the 
        Secretary concerned shall ensure local representation in each 
        category in paragraph (2).
            (5) Chairperson.--A majority on each resource advisory 
        committee shall select the chairperson of the committee.

    (e) Approval Procedures.--(1) Subject to paragraph (2), each 
resource advisory committee shall establish procedures for proposing 
projects to the Secretary concerned under this title. A quorum must be 
present to constitute an official meeting of the committee.
    (2) A project may be proposed by a resource advisory committee to 
the Secretary concerned under section 203(a), if it has been approved by 
a majority of members of the committee from each of the three categories 
in subsection (d)(2).
    (f ) Other Committee Authorities and Requirements.--
            (1) Staff assistance.--A resource advisory committee may 
        submit to the Secretary concerned a request for periodic staff 
        assistance from Federal employees under the jurisdiction of the 
        Secretary.
            (2) Meetings.--All meetings of a resource advisory committee 
        shall be announced at least one week in advance in a local 
        newspaper of record and shall be open to the public.
            (3) Records.--A resource advisory committee shall maintain 
        records of the meetings of the committee and make the records 
        available for public inspection.

SEC. <<NOTE: 16 USC 500 note.>>  206. USE OF PROJECT FUNDS.

    (a) Agreement Regarding Schedule and Cost of Project.--
            (1) Agreement between parties.--The Secretary concerned may 
        carry out a project submitted by a resource advisory committee 
        under section 203(a) using project funds or other funds 
        described in section 203(a)(2), if, as soon as practicable after 
        the issuance of a decision document for the project and the 
        exhaustion of all administrative appeals and judicial review of 
        the project decision, the Secretary concerned and the resource 
        advisory committee enter into an agreement addressing, at a 
        minimum, the following:
                    (A) The schedule for completing the project.
                    (B) The total cost of the project, including the 
                level of agency overhead to be assessed against the 
                project.
                    (C) For a multiyear project, the estimated cost of 
                the project for each of the fiscal years in which it 
                will be carried out.

[[Page 114 STAT. 1621]]

                    (D) The remedies for failure of the Secretary 
                concerned to comply with the terms of the agreement 
                consistent with current Federal law.
            (2) Limited use of federal funds.--The Secretary concerned 
        may decide, at the Secretary's sole discretion, to cover the 
        costs of a portion of an approved project using Federal funds 
        appropriated or otherwise available to the Secretary for the 
        same purposes as the project.

    (b) Transfer of Project Funds.--
            (1) Initial transfer required.--As soon as practicable after 
        the agreement is reached under subsection (a) with regard to a 
        project to be funded in whole or in part using project funds, or 
        other funds described in section 203(a)(2), the Secretary 
        concerned shall transfer to the applicable unit of National 
        Forest System lands or BLM District an amount of project funds 
        equal to--
                    (A) in the case of a project to be completed in a 
                single fiscal year, the total amount specified in the 
                agreement to be paid using project funds, or other funds 
                described in section 203(a)(2); or
                    (B) in the case of a multiyear project, the amount 
                specified in the agreement to be paid using project 
                funds, or other funds described in section 203(a)(2) for 
                the first fiscal year.
            (2) Condition on project commencement.--The unit of National 
        Forest System lands or BLM District concerned, shall not 
        commence a project until the project funds, or other funds 
        described in section 203(a)(2) required to be transferred under 
        paragraph (1) for the project, have been made available by the 
        Secretary concerned.
            (3) Subsequent transfers for multiyear projects.--For the 
        second and subsequent fiscal years of a multiyear project to be 
        funded in whole or in part using project funds, the unit of 
        National Forest System lands or BLM District concerned shall use 
        the amount of project funds required to continue the project in 
        that fiscal year according to the agreement entered into under 
        subsection (a). The Secretary concerned shall suspend work on 
        the project if the project funds required by the agreement in 
        the second and subsequent fiscal years are not available.

SEC. <<NOTE: 16 USC 500 note.>>  207. AVAILABILITY OF PROJECT FUNDS.

    (a) Submission of Proposed Projects To Obligate Funds.--By 
September <<NOTE: Deadline.>>  30 of each fiscal year through fiscal 
year 2006, a resource advisory committee shall submit to the Secretary 
concerned pursuant to section 203(a)(1) a sufficient number of project 
proposals that, if approved, would result in the obligation of at least 
the full amount of the project funds reserved by the participating 
county in the preceding fiscal year.

    (b) Use or Transfer of Unobligated Funds.--Subject to section 208, 
if a resource advisory committee fails to comply with subsection (a) for 
a fiscal year, any project funds reserved by the participating county in 
the preceding fiscal year and remaining unobligated shall be available 
for use as part of the project submissions in the next fiscal year.
    (c) Effect of Rejection of Projects.--Subject to section 208, any 
project funds reserved by a participating county in the

[[Page 114 STAT. 1622]]

preceding fiscal year that are unobligated at the end of a fiscal year 
because the Secretary concerned has rejected one or more proposed 
projects shall be available for use as part of the project submissions 
in the next fiscal year.
    (d) Effect of Court Orders.--If an approved project under this Act 
is enjoined or prohibited by a Federal court, the Secretary concerned 
shall return the unobligated project funds related to that project to 
the participating county or counties that reserved the funds. The 
returned funds shall be available for the county to expend in the same 
manner as the funds reserved by the county under section 102(d)(1)(B)(i) 
or 103(c)(1)(B)(i), whichever applies to the funds involved.

SEC. <<NOTE: 16 USC 500 note.>>  208. TERMINATION OF AUTHORITY.

    The authority to initiate projects under this title shall terminate 
on September 30, 2006. Any project funds not obligated by September 30, 
2007, shall be deposited in the Treasury of the United States.

                       TITLE III--COUNTY PROJECTS

SEC. <<NOTE: 16 USC 500 note.>>  301. DEFINITIONS.

    In this title:
            (1) Participating county.--The term ``participating county'' 
        means an eligible county that elects under section 
        102(d)(1)(B)(ii) or 103(c)(1)(B)(ii) to expend a portion of the 
        Federal funds received under section 102 or 103 in accordance 
        with this title.
            (2) County funds.--The term ``county funds'' means all funds 
        an eligible county elects under sections 102(d)(1)(B)(ii) and 
        103(c)(1)(B)(ii) to reserve for expenditure in accordance with 
        this title.

SEC. <<NOTE: 16 USC 500 note.>>  302. USE OF COUNTY FUNDS.

    (a) Limitation on County Fund Use.--County funds shall be expended 
solely on projects that meet the requirements of this title. A project 
under this title shall be approved by the participating county only 
following a 45-day public comment period, at the beginning of which the 
county shall--
            (1) publish a description of the proposed project in the 
        publications of local record; and
            (2) send the proposed project to the appropriate resource 
        advisory committee established under section 205, if one exists 
        for the county.

    (b) Authorized Uses.--
            (1) Search, rescue, and emergency services.--An eligible 
        county or applicable sheriff's department may use these funds as 
        reimbursement for search and rescue and other emergency 
        services, including fire fighting, performed on Federal lands 
        and paid for by the county.
            (2) Community service work camps.--An eligible county may 
        use these funds as reimbursement for all or part of the costs 
        incurred by the county to pay the salaries and benefits of 
        county employees who supervise adults or juveniles performing 
        mandatory community service on Federal lands.
            (3) Easement purchases.--An eligible county may use these 
        funds to acquire--

[[Page 114 STAT. 1623]]

                    (A) easements, on a willing seller basis, to provide 
                for nonmotorized access to public lands for hunting, 
                fishing, and other recreational purposes;
                    (B) conservation easements; or
                    (C) both.
            (4) Forest related educational opportunities.--A county may 
        use these funds to establish and conduct forest-related after 
        school programs.
            (5) Fire prevention and county planning.--A county may use 
        these funds for--
                    (A) efforts to educate homeowners in fire-sensitive 
                ecosystems about the consequences of wildfires and 
                techniques in home siting, home construction, and home 
                landscaping that can increase the protection of people 
                and property from wildfires; and
                    (B) planning efforts to reduce or mitigate the 
                impact of development on adjacent Federal lands and to 
                increase the protection of people and property from 
                wildfires.
            (6) Community forestry.--A county may use these funds 
        towards non-Federal cost-share requirements of section 9 of the 
        Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105).

SEC. <<NOTE: 16 USC 500 note.>>  303. TERMINATION OF AUTHORITY.

    The authority to initiate projects under this title shall terminate 
on September 30, 2006. Any county funds not obligated by September 30, 
2007 shall be available to be expended by the county for the uses 
identified in section 302(b).

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. <<NOTE: 16 USC 500 note.>>  401. AUTHORIZATION OF APPROPRIATIONS.

    There are hereby authorized to be appropriated such sums as may be 
necessary to carry out this Act for fiscal years 2001 through 2006.

SEC. <<NOTE: 16 USC 500 note.>>  402. TREATMENT OF FUNDS AND REVENUES.

    (a) Relation to Other Appropriations.--Funds appropriated pursuant 
to the authorization of appropriations in section 401 and funds made 
available to a Secretary concerned under section 206 shall be in 
addition to any other annual appropriations for the Forest Service and 
the Bureau of Land Management.
    (b) Deposit of Revenues and Other Funds.--All revenues generated 
from projects pursuant to title II, any funds remitted by counties 
pursuant to section 102(d)(1)(B)(iii) or section 103(c)(1)(B)(iii), and 
any interest accrued from such funds shall be deposited in the Treasury 
of the United States.

SEC. <<NOTE: 16 USC 500 note.>>  403. REGULATIONS.

    The Secretaries concerned may jointly issue regulations to carry out 
the purposes of this Act.

SEC. 404. CONFORMING AMENDMENTS.

    Sections 13982 and 13983 of the Omnibus Budget Reconciliation Act of 
1993 (Public Law 103-66; 16 U.S.C. 500 note; 43 U.S.C. 1181f note) are 
repealed.

[[Page 114 STAT. 1624]]

 TITLE V--MINERAL <<NOTE: Mineral Revenue Payments Clarification Act of 
2000. 30 USC 181 note.>>  REVENUE PAYMENTS CLARIFICATION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Mineral Revenue Payments 
Clarification Act of 2000''.

SEC. <<NOTE: 30 USC 191 note.>>  502. FINDINGS.

    The Congress finds the following:
            (1) Section 10201 of the Omnibus Budget Reconciliation Act 
        of 1993 (Public Law 103-66; 107 Stat. 407) amended section 35 of 
        the Mineral Leasing Act (30 U.S.C. 191) to change the sharing of 
        onshore mineral revenues and revenues from geothermal steam from 
        a 50:50 split between the Federal Government and the States to a 
        complicated formula that entailed deducting from the State share 
        of leasing revenues ``50 percent of the portion of the enacted 
        appropriations of the Department of the Interior and any other 
        agency during the preceding fiscal year allocable to the 
        administration of all laws providing for the leasing of any 
        onshore lands or interest in land owned by the United States for 
        the production of the same types of minerals leasable under this 
        Act or of geothermal steam, and to enforcement of such laws * * 
        *''.
            (2) There is no legislative record to suggest a sound public 
        policy rationale for deducting prior-year administrative 
        expenses from the sharing of current-year receipts, indicating 
        that this change was made primarily for budget scoring reasons.
            (3) The system put in place by this change in law has proved 
        difficult to administer and has given rise to disputes between 
        the Federal Government and the States as to the nature of 
        allocable expenses. Federal accounting systems have proven to be 
        poorly suited to breaking down administrative costs in the 
        manner required by the law. Different Federal agencies 
        implementing this law have used varying methodologies to 
        identify allocable costs, resulting in an inequitable 
        distribution of costs during fiscal years 1994 through 1996. In 
        November 1997, the Inspector General of the Department of the 
        Interior found that ``the congressionally approved method for 
        cost sharing deductions effective in fiscal year 1997 may not 
        accurately compute the deductions''.
            (4) Given the lack of a substantive rationale for the 1993 
        change in law and the complexity and administrative burden 
        involved, a return to the sharing formula prior to the enactment 
        of the Omnibus Budget Reconciliation Act of 1993 is justified.

SEC. 503. AMENDMENT OF THE MINERAL LEASING ACT.

    Section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)) is 
amended to read as follows:
    ``(b) In determining the amount of payments to the States under this 
section, the amount of such payments shall not be reduced by any 
administrative or other costs incurred by the United States.''.

[[Page 114 STAT. 1625]]

TITLE VI--COMMUNITY <<NOTE: Community Forest Restoration Act.>>  FOREST 
RESTORATION

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Community Forest Restoration Act''.

SEC. 602. FINDINGS.

    The Congress finds the following:
            (1) <<NOTE: New Mexico.>>  A century of fire suppression, 
        logging, and livestock grazing has altered the ecological 
        balance of New Mexico's forests.
            (2) Some forest lands in New Mexico contain an unnaturally 
        high number of small diameter trees that are subject to large, 
        high intensity wildfires that can endanger human lives, 
        livelihoods, and ecological stability.
            (3) Forest lands that contain an unnaturally high number of 
        small diameter trees have reduced biodiversity and provide fewer 
        benefits to human communities, wildlife, and watersheds.
            (4) Healthy and productive watersheds minimize the threat of 
        large, high intensity wildfires, provide abundant and diverse 
        wildlife habitat, and produce a variety of timber and non-timber 
        products including better quality water and increased water 
        flows.
            (5) Restoration efforts are more successful when there is 
        involvement from neighboring communities and better stewardship 
        will evolve from more diverse involvement.
            (6) Designing demonstration restoration projects through a 
        collaborative approach may--
                    (A) lead to the development of cost effective 
                restoration activities;
                    (B) empower diverse organizations to implement 
                activities which value local and traditional knowledge;
                    (C) build ownership and civic pride; and
                    (D) ensure healthy, diverse, and productive forests 
                and watersheds.

SEC. 603. PURPOSES.

    The purposes of this title are--
            (1) to promote healthy watersheds and reduce the threat of 
        large, high intensity wildfires, insect infestation, and disease 
        in the forests in New Mexico;
            (2) to improve the functioning of forest ecosystems and 
        enhance plant and wildlife biodiversity by reducing the 
        unnaturally high number and density of small diameter trees on 
        Federal, Tribal, State, County, and Municipal forest lands;
            (3) to improve communication and joint problem solving among 
        individuals and groups who are interested in restoring the 
        diversity and productivity of forested watersheds in New Mexico;
            (4) to improve the use of, or add value to, small diameter 
        trees;
            (5) to encourage sustainable communities and sustainable 
        forests through collaborative partnerships, whose objectives are 
        forest restoration; and

[[Page 114 STAT. 1626]]

            (6) to develop, demonstrate, and evaluate ecologically sound 
        forest restoration techniques.

SEC. 604. DEFINITIONS.

    As used in this title--
            (1) the term ``Secretary'' means the Secretary of 
        Agriculture acting through the Chief of the Forest Service; and
            (2) the term ``stakeholder'' includes: tribal governments, 
        educational institutions, landowners, and other interested 
        public and private entities.

SEC. 605. ESTABLISHMENT OF PROGRAM.

    (a) Forest Restoration Program.--The Secretary shall establish a 
cooperative forest restoration program in New Mexico in order to provide 
cost-share grants to stakeholders for experimental forest restoration 
projects that are designed through a collaborative process (hereinafter 
referred to as the ``Collaborative Forest Restoration Program''). The 
projects may be entirely on, or on any combination of, Federal, Tribal, 
State, County, or Municipal forest lands. The Federal share of an 
individual project cost shall not exceed 80 percent of the total cost. 
The 20-percent matching may be in the form of cash or in-kind 
contribution.
    (b) Eligibility Requirements.--To be eligible to receive funding 
under this title, a project shall--
            (1) address the following objectives--
                    (A) reduce the threat of large, high intensity 
                wildfires and the negative effects of excessive 
                competition between trees by restoring ecosystem 
                functions, structures, and species composition, 
                including the reduction of non-native species 
                populations;
                    (B) re-establish fire regimes approximating those 
                that shaped forest ecosystems prior to fire suppression;
                    (C) preserve old and large trees;
                    (D) replant trees in deforested areas if they exist 
                in the proposed project area; and
                    (E) improve the use of, or add value to, small 
                diameter trees;
            (2) comply with all Federal and State environmental laws;
            (3) include a diverse and balanced group of stakeholders as 
        well as appropriate Federal, Tribal, State, County, and 
        Municipal government representatives in the design, 
        implementation, and monitoring of the project;
            (4) incorporate current scientific forest restoration 
        information; and
            (5) include a multiparty assessment to--
                    (A) identify both the existing ecological condition 
                of the proposed project area and the desired future 
                condition; and
                    (B) report, upon project completion, on the positive 
                or negative impact and effectiveness of the project 
                including improvements in local management skills and on 
                the ground results;
            (6) create local employment or training opportunities within 
        the context of accomplishing restoration objectives, that are 
        consistent with the purposes of this title, including summer 
        youth jobs programs such as the Youth Conservation Corps where 
        appropriate;
            (7) not exceed 4 years in length;

[[Page 114 STAT. 1627]]

            (8) not exceed a total annual cost of $150,000, with the 
        Federal portion not exceeding $120,000 annually, nor exceed a 
        total cost of $450,000 for the project, with the Federal portion 
        of the total cost not exceeding $360,000;
            (9) leverage Federal funding through in-kind or matching 
        contributions; and
            (10) include an agreement by each stakeholder to attend an 
        annual workshop with other stakeholders for the purpose of 
        discussing the cooperative forest restoration program and 
        projects implemented under this title. The Secretary shall 
        coordinate and fund the annual workshop. Stakeholders may use 
        funding for projects authorized under this title to pay for 
        their travel and per diem expenses to attend the workshop.

SEC. 606. SELECTION PROCESS.

    (a) After consulting with the technical advisory panel established 
in subsection (b), the Secretary shall select the proposals that will 
receive funding through the Collaborative Forest Restoration Program.
    (b) The Secretary shall convene a technical advisory panel to 
evaluate the proposals for forest restoration grants and provide 
recommendations regarding which proposals would best meet the objectives 
of the Collaborative Forest Restoration Program. The technical advisory 
panel shall consider eligibility criteria established in section 605, 
the effect on long-term management, and seek to use a consensus-based 
decisionmaking process to develop such recommendations. The panel shall 
be composed of 12 to 15 members, to be appointed by the Secretary as 
follows:
            (1) A State Natural Resource official from the State of New 
        Mexico.
            (2) At least two representatives from Federal land 
        management agencies.
            (3) At least one tribal or pueblo representative.
            (4) At least two independent scientists with experience in 
        forest ecosystem restoration.
            (5) Equal representation from--
                    (A) conservation interests;
                    (B) local communities; and
                    (C) commodity interests.

SEC. 607. MONITORING AND EVALUATION.

    The Secretary shall establish a multiparty monitoring and evaluation 
process in order to assess the cumulative accomplishments or adverse 
impacts of the Collaborative Forest Restoration Program. The Secretary 
shall include any interested individual or organization in the 
monitoring and evaluation process. The Secretary also shall conduct a 
monitoring program to assess the short- and long-term ecological effects 
of the restoration treatments, if any, for a minimum of 15 years.

SEC. 608. <<NOTE: Deadline.>>  REPORT.

    No later than 5 years after the first fiscal year in which funding 
is made available for this program, the Secretary shall submit a report 
to the Committee on Energy and Natural Resources of the United States 
Senate and the Committee on Resources of the United States House of 
Representatives. The report shall include an assessment on whether, and 
to what extent, the projects

[[Page 114 STAT. 1628]]

funded pursuant to this title are meeting the purposes of the 
Collaborative Forest Restoration Program.

SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $5,000,000 annually to carry 
out this title.

    Approved October 30, 2000.

LEGISLATIVE HISTORY--H.R. 2389:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-392, Pt. 1 (Comm. on Agriculture).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    Nov. 3, considered and passed House.
                                                        Vol. 146 (2000):
                                    Oct. 6, considered and passed 
                                        Senate, amended.
                                    Oct. 10, House concurred in Senate 
                                        amendment.

                                  <all>
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