I

106TH CONGRESS

1ST SESSION H. R. 1185

To modify the requirements for paying Federal timber sale receipts.

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1999

Mr. DEFAZIO introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Resources,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To modify the requirements for paying Federal timber sale

receipts.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Timber-Dependent

5 Counties Stabilization Act of 1999’’.

6 SEC. 2. SHARING OF FOREST SERVICE TIMBER SALE RE7 CEIPTS.

8 (a) PAYMENTS.—
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1 (1) FISCAL YEARS 2000 THROUGH 2004.—In lieu

2 of making the 25-percent payments to States for

3 each of fiscal years 2000 through 2004, the Sec4 retary of the Treasury shall pay to each State that

5 is otherwise eligible to receive those payments the

6 special payment amount determined for that State.

7 (2) FISCAL YEARS AFTER FISCAL YEAR 2004.—

8 (A) IN GENERAL.—For each fiscal year

9 after fiscal year 2004, the Secretary of the

10 Treasury shall pay to each State that is other11 wise eligible for the 25-percent payments to

12 States, as elected by the State, either—

13 (i) the special payment amount deter14 mined for that State, in lieu of the 25-per15 cent payments to States otherwise applica16 ble for that State; or

17 (ii) the 25-percent payments to States

18 applicable for that State.

19 (B) ELECTION.—The election under sub20 paragraph (A) shall be made by the Governor

21 of a State only once, for all fiscal years after

22 fiscal year 2004, by not later than 5 years after

23 the date of the enactment of this Act. If the

24 Governor of a State fails to make the election

25 by that date, the State is deemed to have elect-
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1 ed the payment described in subparagraph

2 (A)(i) for all fiscal years after fiscal year 2004.

3 (3) EXPENDITURE BY STATES.—Amounts paid

4 to a State under this subsection shall be expended

5 by the State in the same manner in which 25-per6 cent payments to States are required to be ex7 pended.

8 (b) DEFINITIONS.—As used in this section:

9 (1) 25-PERCENT PAYMENTS TO STATES.—The

10 term ‘‘25-percent payments to States’’ means the

11 25-percent payments authorized by the Act of May

12 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C.

13 500) for the benefit of counties in which national

14 forests are situated, as in effect immediately before

15 the date of the enactment of this section.

16 (2) SPECIAL PAYMENT AMOUNT.—The term

17 ‘‘special payment amount’’ means, for a State, the

18 amount equal to—

19 (A) 76 percent, multiplied by

20 (B) the amount equal to—

21 (i) the total amount of 25-per22 cent payments to States made to the

23 State for the 3 fiscal years (whether

24 or not consecutive) for which those

25 payments were the highest in the pe-
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1 riod beginning October 1, 1985, and

2 ending September 30, 1995, divided

3 by

4 (ii) 3.

5 The amount described in this paragraph shall be ad6 justed to reflect changes in the consumer price index

7 for urban areas (as published by the Bureau of

8 Labor Statistics) that occur after publication of that

9 index for fiscal year 2004.

10 SEC. 3. SHARING OF BUREAU OF LAND MANAGEMENT TIM11 BER SALE RECEIPTS.

12 (a) PAYMENTS.—

13 (1) FISCAL YEARS 2000 THROUGH 2004.—In lieu

14 of making the 50-percent payments to counties for

15 each of fiscal years 2000 through 2004, the Sec16 retary of the Treasury shall pay to each county that

17 is otherwise eligible to receive those payments the

18 special payment amount determined for that county.

19 (2) FISCAL YEARS AFTER FISCAL YEAR 2004.—

20 (A) IN GENERAL.—For each fiscal year

21 after fiscal year 2004, the Secretary of the

22 Treasury shall pay to each county that is other23 wise eligible to receive the 50-percent payments

24 to counties, as elected by the county, either—
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1 (i) the special payment amount, in

2 lieu of the 50-percent payments to counties

3 otherwise applicable and allocable to that

4 county; or

5 (ii) the share of the 50-percent pay6 ments to counties otherwise applicable and

7 allocable to the county.

8 (B) ELECTION.—The election under sub9 paragraph (A) shall be made by the chief execu10 tive officer of a county only once, for all fiscal

11 years after fiscal year 2004, by not later than

12 5 years after the date of the enactment of this

13 Act. If the chief executive officer of a county

14 fails to make the election by that date, the

15 county is deemed to have elected the payment

16 described in subparagraph (A)(i) for all fiscal

17 years after fiscal year 2004.

18 (b) DEFINITIONS.—As used in this section:

19 (1) 50-PERCENT PAYMENTS TO COUNTIES.—

20 The term ‘‘50-percent payments to counties’’ means

21 the sum of the 50-percent share otherwise paid to a

22 county pursuant to title II of the Act of August 28,

23 1937 (50 Stat. 875, chapter 876; 43 U.S.C. 1181f),

24 and the payments made to counties pursuant to the

25 Act of May 24, 1939 (53 Stat. 753, chapter 144; 43
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1 U.S.C. 1181f–1 et seq.), as in effect immediately be2 fore the date of the enactment of this section.

3 (2) SPECIAL PAYMENT AMOUNT.—The term

4 ‘‘special payment amount’’ means the amount equal

5 to—

6 (A) 76 percent, multiplied by

7 (B) the amount equal to—

8 (i) the total amount of 50-per9 cent payments to counties made to the

10 county for the 3 fiscal years (whether

11 or not consecutive) for which those

12 payments were the highest in the pe13 riod beginning October 1, 1985, and

14 ending September 30, 1995, divided

15 by

16 (ii) 3.

17 The amount described in this paragraph shall be ad18 justed to reflect changes in the consumer price index

19 for urban areas (as published by the Bureau of

20 Labor Statistics) that occur after publication of that

21 index for fiscal year 2004.
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1 SEC. 4. CONFORMING AMENDMENT.

2 Title XIII of the Omnibus Budget Reconciliation Act

3 of 1993 (Public Law 103–66) is amended by striking

4 chapter 4 (107 Stat. 681–682).

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