II 

116TH CONGRESS 

1ST SESSION S. 1643 

To amend title 36, United States Code, to grant a Federal charter to the 

Forest and Refuge County Foundation, to provide for the establishment 

of the Natural Resources Permanent Fund, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 23 (legislative day, MAY 22), 2019 

Mr. WYDEN (for himself, Mr. CRAPO, Mr. MERKLEY, and Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To amend title 36, United States Code, to grant a Federal 

charter to the Forest and Refuge County Foundation, 

to provide for the establishment of the Natural Resources 

Permanent Fund, and for other purposes. 

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 ‘‘Forest Management 

5 for Rural Stability Act’’. 


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1 SEC. 2. FEDERAL CHARTER FOR FOREST AND REFUGE 

2 COUNTY FOUNDATION AND ESTABLISHMENT 

3 OF NATURAL RESOURCES PERMANENT FUND. 

4 (a) FEDERAL CHARTER FOR FOREST AND REFUGE

5 COUNTY FOUNDATION.—Subtitle III of title 36, United 

6 States Code, is amended by inserting after chapter 3001 

7 the following: 

8 ‘‘CHAPTER 3002—FOREST AND REFUGE 

9 COUNTY FOUNDATION 

‘‘Sec. 

‘‘300201. Definitions. 

‘‘300202. Establishment. 

‘‘300203. Status and applicable laws. 

‘‘300204. Board of Directors. 

‘‘300205. Bylaws and duties. 

‘‘300206. Authority of Corporation. 

‘‘300207. Establishment of Natural Resources Permanent Fund. 

10 ‘‘§ 300201. Definitions 

11 ‘‘In this chapter: 

12 ‘‘(1) AGENCY HEAD.—The term ‘agency head’ 

13 means— 

14 ‘‘(A) the Secretary of the Treasury; 

15 ‘‘(B) the Chief of the Forest Service; 

16 ‘‘(C) the Director of the Bureau of Land 

17 Management; and 

18 ‘‘(D) the Director of the United States 

19 Fish and Wildlife Service. 

20 ‘‘(2) BOARD.—The term ‘Board’ means the 

21 Board of Directors of the Corporation. 


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1 ‘‘(3) CHAIRPERSON.—The term ‘Chairperson’ 

2 means the Chairperson of the Board. 

3 ‘‘(4) CORPORATION.—The term ‘Corporation’ 

4 means the Forest and Refuge County Foundation 

5 established by section 300202. 

6 ‘‘(5) COUNTY PAYMENT; FULL FUNDING

7 AMOUNT; STATE PAYMENT.—The terms ‘county pay8 ment’, ‘full funding amount’, and ‘State payment’ 

9 have the meanings given those terms in section 3 of 

10 the Secure Rural Schools and Community Self-De11 termination Act of 2000 (16 U.S.C. 7102). 

12 ‘‘(6) ELIGIBLE COUNTY.— 

13 ‘‘(A) IN GENERAL.—The term ‘eligible 

14 county’ means— 

15 ‘‘(i) a county that is eligible for a pay16 ment under the Secure Rural Schools and 

17 Community Self-Determination Act of 

18 2000 (16 U.S.C. 7101 et seq.), with re19 spect to an account established by para20 graph (1) or (2) of section 300207(b); or 

21 ‘‘(ii) a county that is eligible for a 

22 payment under section 401(c) of the Act of 

23 June 15, 1935 (commonly known as the 

24 ‘Refuge Revenue Sharing Act’) (49 Stat. 

25 383, chapter 261; 16 U.S.C. 715s(c)), with 


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1 respect to the account established by sec2 tion 300207(b)(3). 

3 ‘‘(B) EXCLUSION.—The term ‘eligible 

4 county’ does not include a county that has 

5 elected to opt out of distributions from the 

6 Fund under section 300207(e)(4)(A). 

7 ‘‘(7) FUND.—The term ‘Fund’ means the Nat8 ural Resources Permanent Fund established by sec9 tion 300207(a). 

10 ‘‘(8) HIGHEST HISTORIC PAYMENT.—The term 

11 ‘highest historic payment’ means— 

12 ‘‘(A) with respect to the Forest Service Ac13 count of the Fund, an amount equal to the 

14 total amount of State payments received under 

15 section 101(a) of the Secure Rural Schools and 

16 Community Self-Determination Act of 2000 (16 

17 U.S.C. 7111(a)) for fiscal year 2008 (as ad18 justed to reflect changes during the period be19 ginning on October 1, 2008, in the Consumer 

20 Price Index for All Urban Consumers published 

21 by the Bureau of Labor Statistics of the De22 partment of Labor); and 

23 ‘‘(B) with respect to the Bureau of Land 

24 Management Account of the Fund, an amount 

25 equal to the total amount of county payments 


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1 received under section 101(b) of the Secure 

2 Rural Schools and Community Self-Determina3 tion Act of 2000 (16 U.S.C. 7111(b)) for fiscal 

4 year 2006 (as adjusted to reflect changes dur5 ing the period beginning on October 1, 2006, in 

6 the Consumer Price Index for All Urban Con7 sumers published by the Bureau of Labor Sta8 tistics of the Department of Labor). 

9 ‘‘(9) MANAGER.—The term ‘manager’ means 

10 the manager of investments employed by the Board 

11 pursuant to section 300205(c)(3). 

12 ‘‘(10) RESOURCE ADVISORY COMMITTEE.—The 

13 term ‘resource advisory committee’ means— 

14 ‘‘(A) a resource advisory committee estab15 lished under section 205 of the Secure Rural 

16 Schools and Community Self-Determination Act 

17 of 2000 (16 U.S.C. 7125) (as in effect on the 

18 day before the date of enactment of this chap19 ter); and 

20 ‘‘(B) an advisory council established pursu21 ant to section 309(a) of the Federal Land Pol22 icy and Management Act of 1976 (43 U.S.C. 

23 1739(a)). 

24 ‘‘(11) SECRETARY CONCERNED.—The term 

25 ‘Secretary concerned’ means— 


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1 ‘‘(A) the Secretary of Agriculture, with re2 spect to the account established by section 

3 300207(b)(1); and 

4 ‘‘(B) the Secretary of the Interior, with re5 spect to an account established by paragraph 

6 (2) or (3) of section 300207(b). 

7 ‘‘§ 300202. Establishment 

8 ‘‘There is established a federally chartered, nonprofit 

9 corporation, to be known as the ‘Forest and Refuge Coun10 ty Foundation’, which shall be incorporated in the State 

11 of Oregon. 

12 ‘‘§ 300203. Status and applicable laws 

13 ‘‘(a) NON-FEDERAL ENTITY.—The Corporation is 

14 not— 

15 ‘‘(1) a department, agency, or instrumentality 

16 of the United States Government; or 

17 ‘‘(2) subject to title 31. 

18 ‘‘(b) LIABILITY.—The United States Government 

19 shall not be liable for the actions or inactions of the Cor20 poration. 

21 ‘‘(c) NONPROFIT CORPORATION.—The Corporation 

22 shall have and maintain the status of the Corporation as 

23 a nonprofit corporation exempt from taxation under the 

24 Internal Revenue Code of 1986. 


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1 ‘‘§ 300204. Board of Directors 

2 ‘‘(a) AUTHORITY.—The powers of the Corporation 

3 shall be vested in a Board of Directors that governs the 

4 Corporation. 

5 ‘‘(b) MEMBERSHIP.— 

6 ‘‘(1) COMPOSITION.—The Board shall be com7 posed of 11 members, of whom— 

8 ‘‘(A) 3 shall be appointed by the Chief of 

9 the Forest Service; 

10 ‘‘(B) 2 shall be appointed by the Director 

11 of the Bureau of Land Management; and 

12 ‘‘(C) 6 shall be appointed by the Secretary 

13 of the Treasury. 

14 ‘‘(2) QUALIFICATIONS.—In making appoint15 ments under paragraph (1), the agency heads 

16 shall— 

17 ‘‘(A) appoint members who represent the 

18 various regions of the United States; and 

19 ‘‘(B) ensure that the membership of the 

20 Board is— 

21 ‘‘(i) apolitical; and 

22 ‘‘(ii) fairly balanced in terms of— 

23 ‘‘(I) the points of view rep24 resented; and 

25 ‘‘(II) the functions to be per26 formed by the Board, by appointing— 


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1 ‘‘(aa) 3 members who are 

2 county elected officials, as of the 

3 date of appointment of the mem4 bers, of whom— 

5 ‘‘(AA) 1 shall be an 

6 elected official of a county 

7 that contains Federal land 

8 described in section 3(7)(A) 

9 of the Secure Rural Schools 

10 and Community Self-Deter11 mination Act of 2000 (16 

12 U.S.C. 7102(7)(A)); 

13 ‘‘(BB) 1 shall be an 

14 elected official of a county 

15 that contains Federal land 

16 described in section 3(7)(B) 

17 of the Secure Rural Schools 

18 and Community Self-Deter19 mination Act of 2000 (16 

20 U.S.C. 7102(7)(B)); and 

21 ‘‘(CC) 1 shall be an 

22 elected official of a county 

23 that is eligible for a payment 

24 under section 401(c) of the 

25 Act of June 15, 1935 (comVerDate Sep 11 2014 20:32 Jun 03, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643

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1 monly known as the ‘Refuge 

2 Revenue Sharing Act’) (49 

3 Stat. 383, chapter 261; 16 

4 U.S.C. 715s(c)); 

5 ‘‘(bb) 1 member to represent 

6 rural economic development in7 terests; 

8 ‘‘(cc) 6 members with expert 

9 experience in fund management 

10 or finance; and 

11 ‘‘(dd) 1 member to represent 

12 education interests. 

13 ‘‘(3) PROHIBITION.—A member of the Board, 

14 other than a member described in paragraph 

15 (2)(B)(ii)(II)(aa), shall not hold an office, position, 

16 or employment in any political party. 

17 ‘‘(4) DATE.—The appointments of the members 

18 of the Board shall be made not later than 90 days 

19 after the date of enactment of this chapter. 

20 ‘‘(c) CHAIRPERSON.— 

21 ‘‘(1) IN GENERAL.—The Chairperson of the 

22 Board shall be selected from among the members of 

23 the Board by a majority vote of the members. 

24 ‘‘(2) TERM OF SERVICE.—The Chairperson of 

25 the Board— 


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1 ‘‘(A) shall serve for a term of not longer 

2 than 4 years; and 

3 ‘‘(B) may be reelected to serve an addi4 tional term, subject to the condition that the 

5 Chairperson may serve for not more than 2 

6 consecutive terms. 

7 ‘‘(d) TERMS.— 

8 ‘‘(1) IN GENERAL.—The term of the members 

9 of the Board shall be 6 years, except that the agency 

10 heads shall designate staggered terms for the mem11 bers initially appointed to the Board. 

12 ‘‘(2) REAPPOINTMENT.—A member of the 

13 Board may be reappointed to serve an additional 

14 term, subject to the condition that the member may 

15 serve for not more than 2 consecutive terms. 

16 ‘‘(e) VACANCY.—A vacancy on the Board shall be 

17 filled— 

18 ‘‘(1) by not later than 90 days after the date 

19 on which the vacancy occurs; and 

20 ‘‘(2) in the manner in which the original ap21 pointment was made. 

22 ‘‘(f) TRANSITIONS.—Any member of the Board may 

23 continue to serve after the expiration of the term for which 

24 the member was appointed or elected until a qualified suc25 cessor has been appointed or elected. 


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1 ‘‘(g) MEETINGS AND QUORUM.— 

2 ‘‘(1) MEETINGS.— 

3 ‘‘(A) IN GENERAL.—The Board shall 

4 meet— 

5 ‘‘(i) not less frequently than once each 

6 calendar year; and 

7 ‘‘(ii)(I) at the call of— 

8 ‘‘(aa) the Chairperson; or 

9 ‘‘(bb) 3 or more members; or 

10 ‘‘(II) as otherwise provided in the by11 laws of the Corporation. 

12 ‘‘(B) INITIAL MEETING.—Not later than 

13 150 days after the date of enactment of this 

14 chapter, the Board shall hold an initial meeting 

15 of the Board. 

16 ‘‘(2) QUORUM.—A quorum of the Board, con17 sisting of a majority of the members of the Board, 

18 shall be required to conduct any business of the 

19 Board. 

20 ‘‘(3) APPROVAL OF BOARD ACTIONS.—Except 

21 as otherwise provided, the threshold for approving 

22 Board actions shall be as set forth in the bylaws of 

23 the Corporation. 

24 ‘‘(h) REIMBURSEMENT OF EXPENSES.— 


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1 ‘‘(1) IN GENERAL.—A voting member of the 

2 Board— 

3 ‘‘(A) shall serve without pay; but 

4 ‘‘(B) subject to paragraph (2), may be re5 imbursed for the actual and necessary traveling 

6 and subsistence expenses incurred by the mem7 ber in the performance of duties for the Cor8 poration. 

9 ‘‘(2) MAXIMUM AMOUNT.—The amount of reim10 bursement under paragraph (1)(B) may not exceed 

11 the amount that would be authorized under section 

12 5703 of title 5 for the payment of expenses and al13 lowances for an individual employed intermittently in 

14 the Federal Government service. 

15 ‘‘§ 300205. Bylaws and duties 

16 ‘‘(a) IN GENERAL.—The Board shall adopt, and may 

17 amend, the bylaws of the Corporation. 

18 ‘‘(b) BYLAWS.—The bylaws of the Corporation shall 

19 include, at a minimum— 

20 ‘‘(1) the duties and responsibilities of the 

21 Board; and 

22 ‘‘(2) the operational procedures of the Corpora23 tion. 


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1 ‘‘(c) DUTIES AND RESPONSIBILITIES OF BOARD.— 

2 The Board shall be responsible for actions of the Corpora3 tion, including— 

4 ‘‘(1)(A) employing individuals at the Corpora5 tion to provide investment management services; or 

6 ‘‘(B) retaining the services of investment man7 agement services providers; 

8 ‘‘(2) employing individuals at the Corporation 

9 to provide accounting and administrative services; 

10 ‘‘(3) employing a manager of investments to 

11 manage the amounts authorized to be invested by 

12 the Board in accordance with subsection (d); 

13 ‘‘(4) entering into a contract with 1 or more 

14 banking or trust entities to act as the custodian of 

15 the assets of the Fund; and 

16 ‘‘(5) engaging other appropriate professional 

17 service providers to support the Board and the em18 ployees of the Board in carrying out the duties and 

19 responsibilities of the Board under this chapter. 

20 ‘‘(d) AUTHORITY OF MANAGER.—Subject to the di21 rection of the Board, the manager shall have control over 

22 the amounts under the jurisdiction of the Board in the 

23 same manner as if the manager owned those amounts. 


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1 ‘‘§ 300206. Authority of Corporation 

2 ‘‘Except as otherwise provided in this chapter, the 

3 Corporation, acting through the manager, shall have the 

4 authority— 

5 ‘‘(1) to manage the Fund; 

6 ‘‘(2) to make investments of amounts in the 

7 Fund under section 300207(d); 

8 ‘‘(3) to make distributions from the Fund 

9 under section 300207(e)(2); and 

10 ‘‘(4) to review certifications submitted by par11 ticipating counties under section 303(a) of the Se12 cure Rural Schools and Community Self-Determina13 tion Act of 2000 (16 U.S.C. 7143(a)). 

14 ‘‘§ 300207. Establishment of Natural Resources Per15 manent Fund 

16 ‘‘(a) ESTABLISHMENT.—There is established within 

17 the Corporation a permanent fund, to be known as the 

18 ‘Natural Resources Permanent Fund’, consisting of— 

19 ‘‘(1) amounts deposited in the accounts under 

20 subsection (b); 

21 ‘‘(2) amounts deposited by an eligible county or 

22 State under subsection (c)(1); 

23 ‘‘(3) amounts credited to the Fund under sub24 section (d)(3); and 


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1 ‘‘(4) amounts appropriated to the Fund under 

2 paragraph (1) of subsection (i), subject to paragraph 

3 (2) of that subsection. 

4 ‘‘(b) ACCOUNTS.—Within the Fund, there are estab5 lished the following accounts: 

6 ‘‘(1) The Forest Service Account, consisting of 

7 the amounts transferred under section 3(b)(2) of the 

8 Forest Management for Rural Stability Act. 

9 ‘‘(2) The Bureau of Land Management Ac10 count, consisting of the amounts transferred under 

11 subsections (c)(2) and (d)(2) of section 3 of the For12 est Management for Rural Stability Act. 

13 ‘‘(3) The United States Fish and Wildlife Serv14 ice Account, consisting of the amounts transferred 

15 under section 3(e)(2) of the Forest Management for 

16 Rural Stability Act. 

17 ‘‘(4) The Voluntary County Savings Account, 

18 consisting of voluntary contributions of additional 

19 funds transferred under subsection (c)(2)(A)(i). 

20 ‘‘(c) VOLUNTARY CONTRIBUTIONS OF ADDITIONAL

21 FUNDS.— 

22 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

23 the Corporation may at any time accept from eligible 

24 counties and States voluntary contributions of 


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1 amounts to be deposited in the Fund, for investment 

2 by the Corporation, in accordance with this chapter. 

3 ‘‘(2) LIMITATION.—Any amounts contributed 

4 under paragraph (1)— 

5 ‘‘(A) shall be— 

6 ‘‘(i) transferred to the Voluntary 

7 County Savings Account; and 

8 ‘‘(ii) maintained within a segregated 

9 account in that Account for each contrib10 uting county; and 

11 ‘‘(B) may only be distributed to the eligible 

12 county or State that deposited the amounts, in 

13 accordance with this chapter and paragraph 

14 (3). 

15 ‘‘(3) DISTRIBUTIONS.—Distributions to an eli16 gible county or a State under paragraph (2)(B)— 

17 ‘‘(A) shall be made by not later than 30 

18 days after the date of receipt of a written re19 quest of the applicable eligible county or State; 

20 ‘‘(B) shall not be subject to any restric21 tions or limitations associated with distributions 

22 made from an account established by paragraph 

23 (1), (2), or (3) of subsection (b); and 


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1 ‘‘(C) may only be used for a governmental 

2 purpose that complies with the budget laws of 

3 the applicable State. 

4 ‘‘(d) INVESTMENTS OF FUND.— 

5 ‘‘(1) INVESTMENT POLICY.— 

6 ‘‘(A) IN GENERAL.—Not later than 180 

7 days after the date of enactment of this chap8 ter, the Board shall develop an investment pol9 icy for the investment of amounts in the Fund. 

10 ‘‘(B) REQUIREMENT.—For purposes of the 

11 investment policy developed under subpara12 graph (A), the Corporation shall— 

13 ‘‘(i) seek to achieve at least a 5-per14 cent rate of return on investments of the 

15 Fund, net of inflation; and 

16 ‘‘(ii) adopt asset management strate17 gies that are consistent with the standard 

18 of care established under the Uniform Pru19 dent Management of Institutional Funds 

20 Act of 2007 (D.C. Code 44–1631 et seq.). 

21 ‘‘(C) PERIODIC UPDATES.—The Corpora22 tion shall— 

23 ‘‘(i) not less frequently than annually, 

24 review the investment policy developed 

25 under subparagraph (A); and 


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1 ‘‘(ii) based on a review conducted 

2 under clause (i), modify the investment 

3 policy as the Corporation determines to be 

4 appropriate. 

5 ‘‘(2) INVESTMENT SERVICES.—For purposes of 

6 investing amounts in the Fund, the Corporation 

7 may— 

8 ‘‘(A) employ individuals at the Corporation 

9 to provide investment management services; or 

10 ‘‘(B) retain the services of investment 

11 management services providers. 

12 ‘‘(3) INCOME.—Income from any investments of 

13 amounts from an account within the Fund shall be 

14 credited to the applicable account within the Fund. 

15 ‘‘(e) EXPENDITURES FROM FUND.— 

16 ‘‘(1) AVAILABILITY OF FUNDS.—For each fiscal 

17 year, the Corporation shall make available for dis18 tribution in accordance with this subsection 4.5 per19 cent of amounts in each account within the Fund es20 tablished by paragraph (1), (2), or (3) of subsection 

21 (b), as determined by the Corporation, based on— 

22 ‘‘(A) for the initial 3 fiscal years during 

23 which the Fund is in operation, the average fis24 cal year-end balance of the applicable account; 

25 and 


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1 ‘‘(B) thereafter, the average fiscal year-end 

2 balance of the applicable account during the 3- 

3 year period preceding the date of the deter4 mination. 

5 ‘‘(2) DISTRIBUTIONS.— 

6 ‘‘(A) FOREST SERVICE ACCOUNT AND BU7 REAU OF LAND MANAGEMENT ACCOUNT.— 

8 ‘‘(i) IN GENERAL.—For each fiscal 

9 year, of the amounts in each of the Forest 

10 Service and the Bureau of Land Manage11 ment Accounts within the Fund available 

12 for distribution for the fiscal year, as de13 termined under paragraph (1)— 

14 ‘‘(I) 85 percent shall be used to 

15 make payments to eligible States and 

16 eligible counties in accordance with 

17 title I of the Secure Rural Schools 

18 and Community Self-Determination 

19 Act of 2000 (16 U.S.C. 7111 et seq.) 

20 and clause (ii); and 

21 ‘‘(II) 15 percent shall be used to 

22 make payments to eligible States and 

23 eligible counties in accordance with 

24 title III of the Secure Rural Schools 


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1 and Community Self-Determination 

2 Act of 2000 (16 U.S.C. 7141 et seq.). 

3 ‘‘(ii) CALCULATION AND DISTRIBU4 TION OF AUTHORIZED PAYMENTS.— 

5 ‘‘(I) AVAILABILITY.—Not later 

6 than 14 days after the beginning of 

7 each fiscal year, the Corporation shall 

8 submit to the Secretary concerned a 

9 description of the amount available in 

10 each of the Forest Service and the 

11 Bureau of Land Management Ac12 counts within the Fund available to 

13 make payments for the fiscal year, as 

14 determined under paragraph (1), to— 

15 ‘‘(aa) eligible States under 

16 subsection (a) of section 101 of 

17 the Secure Rural Schools and 

18 Community Self-Determination 

19 Act of 2000 (16 U.S.C. 7111), 

20 with respect to the Forest Service 

21 Account; and 

22 ‘‘(bb) eligible counties under 

23 subsection (b) of that section, 

24 with respect to the Bureau of 

25 Land Management Account. 


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1 ‘‘(II) CALCULATION.—Not later 

2 than 14 days after the date on which 

3 the Corporation submits the informa4 tion under subclause (I), based on the 

5 information provided under that sub6 clause and the amounts otherwise 

7 available to the Secretary concerned 

8 for the fiscal year to make payments 

9 to eligible counties under the Secure 

10 Rural Schools and Community Self11 Determination Act of 2000 (16 

12 U.S.C. 7101 et seq.), as determined 

13 by the Secretary concerned, the Sec14 retary concerned shall, based on the 

15 formulas for authorized payments es16 tablished under that Act, calculate 

17 and submit to the Corporation the au18 thorized payment amount for each eli19 gible county, including— 

20 ‘‘(aa) the amount of the au21 thorized payment for each eligible 

22 county to be paid from the appli23 cable account in the Fund; and 

24 ‘‘(bb) the amount of the au25 thorized payment to be paid for 


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1 each eligible county using 

2 amounts made available under 

3 section 402 of the Secure Rural 

4 Schools and Community Self-De5 termination Act of 2000 (16 

6 U.S.C. 7152). 

7 ‘‘(III) DISTRIBUTION.—Subject 

8 to subparagraphs (C) and (D), not 

9 later than 40 days after the date on 

10 which the Secretary concerned sub11 mits the information to the Corpora12 tion under subclause (II)— 

13 ‘‘(aa) the Corporation 

14 shall— 

15 ‘‘(AA) distribute from 

16 the Forest Service Account 

17 within the Fund to States, 

18 for redistribution to the eli19 gible counties, the amount of 

20 the authorized payment to 

21 be paid to eligible counties 

22 within the State under sec23 tion 101(a) of the Secure 

24 Rural Schools and Commu25 nity Self-Determination Act 


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1 of 2000 (16 U.S.C. 

2 7111(a)), as determined 

3 under subclause (II)(aa), to 

4 be used for the purposes au5 thorized under title I or III 

6 of that Act (16 U.S.C. 7111 

7 et seq.); 

8 ‘‘(BB) distribute from 

9 the Bureau of Land Man10 agement Account within the 

11 Fund to the eligible counties 

12 the amount of the author13 ized payment to be paid to 

14 eligible counties under sec15 tion 101(b) of the Secure 

16 Rural Schools and Commu17 nity Self-Determination Act 

18 of 2000 (16 U.S.C. 

19 7111(b)), as determined 

20 under subclause (II)(aa), to 

21 be used for the purposes au22 thorized under title I or III 

23 of that Act (16 U.S.C. 7111 

24 et seq.); and 


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1 ‘‘(CC) submit to the 

2 Secretary concerned a de3 scription of the amounts dis4 tributed under subitems 

5 (AA) and (BB); and 

6 ‘‘(bb) except as provided in 

7 subparagraph (C)(ii)(II), the Sec8 retary concerned shall pay to eli9 gible counties, and to the State 

10 for redistribution to eligible coun11 ties, the amount of the author12 ized payments under subclause 

13 (II)(bb). 

14 ‘‘(B) UNITED STATES FISH AND WILDLIFE

15 SERVICE ACCOUNT.— 

16 ‘‘(i) IN GENERAL.—For each fiscal 

17 year, amounts in the United States Fish 

18 and Wildlife Service Account within the 

19 Fund available for distribution for the fis20 cal year, as determined under paragraph 

21 (1), shall be used to make payments to eli22 gible counties, in accordance with section 

23 401(c) of the Act of June 15, 1935 (com24 monly known as the ‘Refuge Revenue 


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1 Sharing Act’) (49 Stat. 383, chapter 261; 

2 16 U.S.C. 715s(c)) and clause (ii). 

3 ‘‘(ii) CALCULATION AND DISTRIBU4 TION OF AUTHORIZED PAYMENTS.— 

5 ‘‘(I) AVAILABILITY.—Not later 

6 than 14 days after the beginning of 

7 each fiscal year, the Corporation shall 

8 submit to the Secretary concerned a 

9 description of the amount available in 

10 United States Fish and Wildlife Serv11 ice Account within the Fund available 

12 to make authorized payments to eligi13 ble counties for the fiscal year under 

14 section 401(c) of the Act of June 15, 

15 1935 (commonly known as the ‘Ref16 uge Revenue Sharing Act’) (49 Stat. 

17 383, chapter 261; 16 U.S.C. 715s(c)), 

18 as determined under paragraph (1). 

19 ‘‘(II) CALCULATION.—Not later 

20 than 14 days after the date on which 

21 the Corporation submits the informa22 tion under subclause (I), based on the 

23 information provided under that sub24 clause and the amounts otherwise 

25 available to the Secretary concerned 


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1 for the fiscal year to make payments 

2 to eligible counties under section 

3 401(c) of the Act of June 15, 1935 

4 (commonly known as the ‘Refuge Rev5 enue Sharing Act’) (49 Stat. 383, 

6 chapter 261; 16 U.S.C. 715s(c)), as 

7 determined by the Secretary con8 cerned, the Secretary concerned shall, 

9 based on the formulas for authorized 

10 payments established under that Act, 

11 calculate and submit to the Corpora12 tion the authorized payment amount 

13 for each eligible county, including— 

14 ‘‘(aa) the amount of the au15 thorized payment for each eligible 

16 county to be paid from the 

17 United States Fish and Wildlife 

18 Service Account within the Fund; 

19 and 

20 ‘‘(bb) the amount of the au21 thorized payment to be paid for 

22 each eligible county using 

23 amounts made available under 

24 section 401(c) of the Act of June 

25 15, 1935 (commonly known as 


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1 the ‘Refuge Revenue Sharing 

2 Act’) (49 Stat. 383, chapter 261; 

3 16 U.S.C. 715s(c)). 

4 ‘‘(III) DISTRIBUTION.—Subject 

5 to subparagraphs (C) and (D), not 

6 later than 40 days after the date on 

7 which the Secretary concerned sub8 mits the information to the Corpora9 tion under subclause (II)— 

10 ‘‘(aa) the Corporation 

11 shall— 

12 ‘‘(AA) distribute from 

13 the United States Fish and 

14 Wildlife Service Account 

15 within the Fund to the eligi16 ble counties the amount of 

17 the authorized payment to 

18 be paid from that Account 

19 to eligible counties, as deter20 mined under subclause 

21 (II)(aa), to be used for the 

22 purposes authorized under 

23 section 401(c)(5)(C) of the 

24 Act of June 15, 1935 (com25 monly known as the ‘Refuge 


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1 Revenue Sharing Act’) (49 

2 Stat. 383, chapter 261; 16 

3 U.S.C. 715s(c)(5)(C)); and 

4 ‘‘(BB) submit to the 

5 Secretary concerned a de6 scription of the amounts dis7 tributed under subitem 

8 (AA); and 

9 ‘‘(bb) except as provided in 

10 subparagraph (C)(ii)(II), the Sec11 retary concerned shall pay to the 

12 eligible counties the amount to be 

13 paid for eligible counties under 

14 subclause (II)(bb). 

15 ‘‘(C) MINIMUM PAYMENT AMOUNT.— 

16 ‘‘(i) IN GENERAL.—Notwithstanding 

17 subparagraphs (A) and (B), the minimum 

18 amount of a payment to be distributed to 

19 a State or eligible county under subitem 

20 (AA) or (BB) of subparagraph 

21 (A)(ii)(III)(aa) or subparagraph 

22 (B)(ii)(III)(aa)(AA) for a fiscal year shall 

23 be the amount of the payment authorized 

24 to be made to the State or eligible county 

25 for fiscal year 2017 under the Secure 


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1 Rural Schools and Community Self-Deter2 mination Act of 2000 (16 U.S.C. 7101 et 

3 seq.) or section 401(c) of the Act of June 

4 15, 1935 (commonly known as the ‘Refuge 

5 Revenue Sharing Act’) (49 Stat. 383, 

6 chapter 261; 16 U.S.C. 715s(c)), as appli7 cable (as adjusted to reflect changes dur8 ing the period beginning on October 1, 

9 2017, in the Consumer Price Index for All 

10 Urban Consumers published by the Bureau 

11 of Labor Statistics of the Department of 

12 Labor). 

13 ‘‘(ii) OBLIGATION OF SECRETARY.— 

14 The Secretary concerned— 

15 ‘‘(I) shall only make a payment 

16 to a State or eligible county under 

17 subparagraph (A)(ii)(III)(bb) or 

18 (B)(ii)(III)(bb) for a fiscal year if the 

19 Secretary concerned determines that 

20 the amount of the payment to be dis21 tributed from the Fund to the State 

22 or eligible county under subitem (AA) 

23 or (BB) of subparagraph 

24 (A)(ii)(III)(aa) or subparagraph 

25 (B)(ii)(III)(aa)(AA) is less than the 


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1 minimum payment amount required 

2 under clause (i); and 

3 ‘‘(II) if the Secretary concerned 

4 determines that the amount of a pay5 ment to be distributed to a State or 

6 eligible county under subitem (AA) or 

7 (BB) of subparagraph (A)(ii)(III)(aa) 

8 or subparagraph (B)(ii)(III)(aa)(AA) 

9 would exceed the minimum payment 

10 amount required under clause (i), 

11 shall not make the payment otherwise 

12 required under subparagraph 

13 (A)(ii)(III)(bb) or (B)(ii)(III)(bb), as 

14 applicable, for the fiscal year. 

15 ‘‘(D) MAXIMUM PAYMENT AMOUNT.— 

16 ‘‘(i) IN GENERAL.—Notwithstanding 

17 subparagraphs (A) and (B), in any case in 

18 which the total amount of payments to be 

19 distributed by the Corporation to States or 

20 eligible counties, as applicable, from an ac21 count within the Fund for a fiscal year, as 

22 calculated under subparagraph 

23 (A)(ii)(II)(aa) or (B)(ii)(II)(aa), as appli24 cable, would exceed the applicable highest 

25 historic payment, the Corporation shall reVerDate Sep 11 2014 20:32 Jun 03, 2019 Jkt 089200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643

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1 duce the total amount to be distributed 

2 under subitem (AA) or (BB) of subpara3 graph (A)(ii)(III)(aa) or subparagraph 

4 (B)(ii)(III)(aa)(AA), as applicable, to the 

5 amount of the applicable highest historic 

6 payment. 

7 ‘‘(ii) EFFECT OF MEETING MAX8 IMUM.—For any fiscal year for which 

9 amounts in the Fund are sufficient to en10 sure that each State and eligible county re11 ceives from an account within the Fund for 

12 a fiscal year, as calculated under subpara13 graph (A)(ii)(II)(aa) or (B)(ii)(II)(aa), as 

14 applicable, distributions equal to the appli15 cable highest historic payment, such that 

16 the distributions from the account are re17 duced under clause (i), the States and eli18 gible counties shall receive, in addition to 

19 those payments from the Fund, any pay20 ments authorized for the State or eligible 

21 county under— 

22 ‘‘(I) the sixth paragraph under 

23 the heading ‘FOREST SERVICE’ in the 

24 Act of May 23, 1908 (35 Stat. 260, 

25 chapter 192; 16 U.S.C. 500), and secVerDate Sep 11 2014 20:32 Jun 03, 2019 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643

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1 tion 13 of the Act of March 1, 1911 

2 (commonly known as the ‘Weeks 

3 Law’) (36 Stat. 963, chapter 186; 16 

4 U.S.C. 500); 

5 ‘‘(II) subsection (a) of title II of 

6 the Act of August 28, 1937 (50 Stat. 

7 875, chapter 876; 43 U.S.C. 2605); 

8 ‘‘(III) the first section of the Act 

9 of May 24, 1939 (53 Stat. 753, chap10 ter 144; 43 U.S.C. 2621); or 

11 ‘‘(IV) section 401(c) of the Act of 

12 June 15, 1935 (commonly known as 

13 the ‘Refuge Revenue Sharing Act’) 

14 (49 Stat. 383, chapter 261; 16 U.S.C. 

15 715s(c)). 

16 ‘‘(3) ADMINISTRATIVE EXPENSES.— 

17 ‘‘(A) IN GENERAL.—For each fiscal year, 

18 of the total amounts in the Fund, there shall be 

19 made available to the Corporation from the 

20 Fund for the payment of administrative ex21 penses described in subparagraph (B)— 

22 ‘‘(i) if the total amounts in the Fund 

23 as of the date of the determination is not 

24 less than $100,000,000, an amount equal 


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•S 1643 IS

1 to not more than 0.5 percent of the total 

2 amounts in the Fund, as of that date; and 

3 ‘‘(ii) if the total amounts in the Fund 

4 as of the date of the determination is less 

5 than $100,000,000, an amount equal to 

6 not more than 1.0 percent of the total 

7 amounts in the Fund, as of that date. 

8 ‘‘(B) USE.—Amounts made available for 

9 administrative expenses under subparagraph 

10 (A) may be used by the Corporation— 

11 ‘‘(i) to ensure that amounts in Fund 

12 are managed in a manner consistent with 

13 the asset management strategies adopted 

14 under subsection (d)(1); 

15 ‘‘(ii) to pay other administrative costs 

16 relating to the Fund, including the costs of 

17 managing the Fund, conducting audits of 

18 the Fund, and complying with reporting 

19 requirements relating to the Fund; and 

20 ‘‘(iii) to reimburse members of the 

21 Board for actual and necessary traveling 

22 and subsistence expenses, in accordance 

23 with section 300204(h). 

24 ‘‘(4) ELECTIONS TO OPT OUT AND OPT IN.— 

25 ‘‘(A) OPTING OUT.— 


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1 ‘‘(i) IN GENERAL.—Not later than 3 

2 years after the date of enactment of this 

3 chapter, a county described in clause (i) or 

4 (ii) of section 300201(6)(A) may make a 

5 1-time election to opt out of distributions 

6 from the Fund under this chapter by sub7 mitting to the Secretary concerned a writ8 ten notice of the election. 

9 ‘‘(ii) EFFECT.—Subject to subpara10 graph (B), an election under clause (i) to 

11 opt out of distributions from the Fund 

12 shall be applicable for— 

13 ‘‘(I) the fiscal year during which 

14 the notice under that clause is sub15 mitted; and 

16 ‘‘(II) each subsequent fiscal year. 

17 ‘‘(iii) NO EFFECT ON OTHER PAY18 MENTS.—An election by a county to opt 

19 out of distributions from the Fund under 

20 clause (i) shall not affect the eligibility of 

21 the county to receive any payment author22 ized for the county under— 

23 ‘‘(I) the sixth paragraph under 

24 the heading ‘FOREST SERVICE’ in the 

25 Act of May 23, 1908 (35 Stat. 260, 


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•S 1643 IS

1 chapter 192; 16 U.S.C. 500), and sec2 tion 13 of the Act of March 1, 1911 

3 (commonly known as the ‘Weeks 

4 Law’) (36 Stat. 963, chapter 186; 16 

5 U.S.C. 500); 

6 ‘‘(II) subsection (a) of title II of 

7 the Act of August 28, 1937 (50 Stat. 

8 875, chapter 876; 43 U.S.C. 2605); 

9 ‘‘(III) the first section of the Act 

10 of May 24, 1939 (53 Stat. 753, chap11 ter 144; 43 U.S.C. 2621); or 

12 ‘‘(IV) section 401(c) of the Act of 

13 June 15, 1935 (commonly known as 

14 the ‘Refuge Revenue Sharing Act’) 

15 (49 Stat. 383, chapter 261; 16 U.S.C. 

16 715s(c)). 

17 ‘‘(iv) TREATMENT.—A county de18 scribed in clause (i) or (ii) of section 

19 300201(6)(A) that has not submitted to 

20 the Secretary concerned a written notice of 

21 an election to opt out of distributions from 

22 the Fund under clause (i) shall be deemed 

23 to have opted in to those distributions. 

24 ‘‘(B) NOTICE TO OPT IN.—A county that 

25 has elected to opt out of distributions from the 


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•S 1643 IS

1 Fund under subparagraph (A) may opt back in 

2 to the distributions for all subsequent fiscal 

3 years by submitting to the Secretary concerned, 

4 by not later than the date that is 2 years after 

5 the date on which the county submits the writ6 ten notice under subparagraph (A)(i), a notice 

7 of the intent of the county to opt back in. 

8 ‘‘(f) REPORTS.— 

9 ‘‘(1) QUARTERLY REPORTS.—Not later than 90 

10 days after the date of enactment of this chapter and 

11 every 90 days thereafter, the Corporation shall sub12 mit to the Secretary of the Treasury a quarterly re13 port that describes, with full transparency, for the 

14 period covered by report— 

15 ‘‘(A) the assets of the Fund, including a 

16 description of the investment policy used for the 

17 Fund; and 

18 ‘‘(B) the performance of investments in the 

19 Fund. 

20 ‘‘(2) ANNUAL REPORT.—Annually, the Corpora21 tion shall submit to the Committee on Finance of 

22 the Senate and the Committee on Ways and Means 

23 of the House of Representatives, and make pub24 lically available in an online searchable database in 

25 a machine-readable format, a report describing the 


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•S 1643 IS

1 activities of the Corporation for the period covered 

2 by the report, including, at a minimum, information 

3 relating to— 

4 ‘‘(A) the growth of the Fund; and 

5 ‘‘(B) applicable sources of revenue. 

6 ‘‘(g) ANNUAL AUDITS.—Not later than 1 year after 

7 the date of enactment of this chapter and annually there8 after, the Inspector General of the Department of the 

9 Treasury shall conduct an audit of the Fund. 

10 ‘‘(h) OVERSIGHT.—The Inspector General of the De11 partment of the Treasury shall conduct periodic reviews 

12 of the exercise by the Corporation of the fiduciary and 

13 statutory duties of the Corporation. 

14 ‘‘(i) FUNDING.— 

15 ‘‘(1) IN GENERAL.—Out of any funds in the 

16 Treasury not otherwise appropriated, the Secretary 

17 of the Treasury shall transfer to the Fund such 

18 sums as are necessary to ensure that the required 

19 minimum payment amounts under subsection 

20 (e)(2)(C)(i) can be provided. 

21 ‘‘(2) ALLOCATION AMONG ACCOUNTS.—The 

22 amounts appropriated to the Fund under paragraph 

23 (1) shall be allocated among the Forest Service Ac24 count, the Bureau of Land Management Account, 


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•S 1643 IS

1 and the United States Fish and Wildlife Service Ac2 count in a manner that ensures that— 

3 ‘‘(A) the amount allocated to the Forest 

4 Service Account is determined in accordance 

5 with the ratio that— 

6 ‘‘(i) the total amount of State pay7 ments under the Secure Rural Schools and 

8 Community Self-Determination Act of 

9 2000 (16 U.S.C. 7101 et seq.) for fiscal 

10 year 2017; bears to 

11 ‘‘(ii) an amount equal to the sum of— 

12 ‘‘(I) the full funding amount for 

13 the Secure Rural Schools and Com14 munity Self-Determination Act of 

15 2000 (16 U.S.C. 7101 et seq.) for fis16 cal year 2017; and 

17 ‘‘(II) the total amount of pay18 ments to counties under section 

19 401(c) of the Act of June 15, 1935 

20 (commonly known as the ‘Refuge Rev21 enue Sharing Act’) (49 Stat. 383, 

22 chapter 261; 16 U.S.C. 715s(c)), for 

23 fiscal year 2017; 


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•S 1643 IS

1 ‘‘(B) the amount allocated to the Bureau 

2 of Land Management Account is determined in 

3 accordance with the ratio that— 

4 ‘‘(i) the total amount of county pay5 ments under the Secure Rural Schools and 

6 Community Self-Determination Act of 

7 2000 (16 U.S.C. 7101 et seq.) for fiscal 

8 year 2017; bears to 

9 ‘‘(ii) an amount equal to the sum of— 

10 ‘‘(I) the full funding amount for 

11 the Secure Rural Schools and Com12 munity Self-Determination Act of 

13 2000 (16 U.S.C. 7101 et seq.) for fis14 cal year 2017; and 

15 ‘‘(II) the total amount of pay16 ments to counties under section 

17 401(c) of the Act of June 15, 1935 

18 (commonly known as the ‘Refuge Rev19 enue Sharing Act’) (49 Stat. 383, 

20 chapter 261; 16 U.S.C. 715s(c)), for 

21 fiscal year 2017; and 

22 ‘‘(C) the amount allocated to the United 

23 States Fish and Wildlife Service Account is de24 termined in accordance with the ratio that— 


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•S 1643 IS

1 ‘‘(i) the total amount of payments to 

2 counties under section 401(c) of the Act of 

3 June 15, 1935 (commonly known as the 

4 ‘Refuge Revenue Sharing Act’) (49 Stat. 

5 383, chapter 261; 16 U.S.C. 715s(c)) for 

6 fiscal year 2017; bears to 

7 ‘‘(ii) an amount equal to the sum of— 

8 ‘‘(I) the full funding amount for 

9 the Secure Rural Schools and Com10 munity Self-Determination Act of 

11 2000 (16 U.S.C. 7101 et seq.) for fis12 cal year 2017; and 

13 ‘‘(II) the total amount of pay14 ments to counties under section 

15 401(c) of the Act of June 15, 1935 

16 (commonly known as the ‘Refuge Rev17 enue Sharing Act’) (49 Stat. 383, 

18 chapter 261; 16 U.S.C. 715s(c)), for 

19 fiscal year 2017. 

20 ‘‘(j) AGENCY REPORTING.— 

21 ‘‘(1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this chapter and annually 

23 thereafter, the Secretary of Agriculture and the Sec24 retary of the Interior shall submit to the Corpora25 tion information describing activities on Federal 


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•S 1643 IS

1 land described in subparagraphs (A) and (B), re2 spectively, of section 3(7) of the Secure Rural 

3 Schools and Community Self-Determination Act of 

4 2000 (16 U.S.C. 7102(7)), on a county-by-county 

5 basis, for the period covered by the report, including 

6 information regarding— 

7 ‘‘(A) timber sales and associated acres 

8 treated, volumes sold and harvested, and reve9 nues generated, including, at a minimum— 

10 ‘‘(i) commercial treatment; and 

11 ‘‘(ii) precommercial thinning; 

12 ‘‘(B) stewardship projects, including, at a 

13 minimum— 

14 ‘‘(i) commercial treatment; 

15 ‘‘(ii) prescribed fire; and 

16 ‘‘(iii) precommercial thinning; 

17 ‘‘(C) road work; 

18 ‘‘(D) reforestation and associated acres 

19 treated, including, at a minimum— 

20 ‘‘(i) commercial treatment; 

21 ‘‘(ii) prescribed fire; and 

22 ‘‘(iii) precommercial thinning; 

23 ‘‘(E) habitat created; 

24 ‘‘(F) culverts replaced; and 

25 ‘‘(G) miles of stream restoration. 


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•S 1643 IS

1 ‘‘(2) PUBLICATION.—Promptly after receipt of 

2 the information under paragraph (1), the Corpora3 tion shall make the information publically available 

4 in an online searchable database in a machine-read5 able format.’’. 

6 (b) CLERICAL AMENDMENT.—The table of chapters 

7 for subtitle III of title 36, United States Code, is amended 

8 by inserting after the item relating to chapter 3001 the 

9 following: 

‘‘3002. Forest and Refuge County Foundation ......................300201’’. 

10 SEC. 3. TRANSFER OF AMOUNTS TO FUND. 

11 (a) DEFINITION OF ELIGIBLE NONELECTING COUN12 TY.—In this section, the term ‘‘eligible nonelecting coun13 ty’’ means— 

14 (1) in subsections (b), (c), and (d), a county 

15 that— 

16 (A) is eligible for a payment under the Se17 cure Rural Schools and Community Self-Deter18 mination Act of 2000 (16 U.S.C. 7101 et seq.); 

19 and 

20 (B) has not elected to opt out of distribu21 tions from the Natural Resources Permanent 

22 Fund under section 300207(e)(4)(A) of title 36, 

23 United States Code; and 

24 (2) in subsection (e), a county that— 


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•S 1643 IS

1 (A) is eligible for a payment under section 

2 401(c) of the Act of June 15, 1935 (commonly 

3 known as the ‘‘Refuge Revenue Sharing Act’’) 

4 (49 Stat. 383, chapter 261; 16 U.S.C. 715s(c)); 

5 and 

6 (B) has not elected to opt out of distribu7 tions from the Natural Resources Permanent 

8 Fund under section 300207(e)(4)(A) of title 36, 

9 United States Code. 

10 (b) SUSPENSION OF PAYMENTS UNDER ACT OF MAY

11 23, 1908, AND ACT OF MARCH 1, 1911.—Except as pro12 vided in section 300207(e)(2)(D)(ii) of title 36, United 

13 States Code, for fiscal year 2019 and each fiscal year 

14 thereafter— 

15 (1) all payments authorized for eligible non16 electing counties under the sixth paragraph under 

17 the heading ‘‘FOREST SERVICE’’ in the Act of May 

18 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 

19 500), and section 13 of the Act of March 1, 1911 

20 (commonly known as the ‘‘Weeks Law’’) (36 Stat. 

21 963, chapter 186; 16 U.S.C. 500), shall be sus22 pended; and 

23 (2) the Secretary of the Treasury shall transfer 

24 to the Forest Service Account within the Natural 

25 Resources Permanent Fund established by section 


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•S 1643 IS

1 300207(b)(1) of title 36, United States Code, 

2 amounts equal to the amounts that would have oth3 erwise been distributed as payments to eligible non4 electing counties under the sixth paragraph under 

5 the heading ‘‘FOREST SERVICE’’ in the Act of May 

6 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 

7 500), and section 13 of the Act of March 1, 1911 

8 (commonly known as the ‘‘Weeks Law’’) (36 Stat. 

9 963, chapter 186; 16 U.S.C. 500). 

10 (c) SUSPENSION OF PAYMENTS UNDER ACT OF AU11 GUST 28, 1937.—Except as provided in section 

12 300207(e)(2)(D)(ii) of title 36, United States Code, for 

13 fiscal year 2019 and each fiscal year thereafter— 

14 (1) all payments authorized for eligible non15 electing counties under subsection (a) of title II of 

16 the Act of August 28, 1937 (50 Stat. 875, chapter 

17 876; 43 U.S.C. 2605), shall be suspended; and 

18 (2) the Secretary of the Treasury shall transfer 

19 to the Bureau of Land Management Account within 

20 the Natural Resources Permanent Fund established 

21 by section 300207(b)(2) of title 36, United States 

22 Code, amounts equal to the amounts that would 

23 have otherwise been distributed as payments to eligi24 ble nonelecting counties under subsection (a) of title 


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•S 1643 IS

1 II of the Act of August 28, 1937 (50 Stat. 875, 

2 chapter 876; 43 U.S.C. 2605). 

3 (d) SUSPENSION OF PAYMENTS UNDER ACT OF MAY

4 24, 1939.—Except as provided in section 

5 300207(e)(2)(D)(ii) of title 36, United States Code, for 

6 fiscal year 2019 and each fiscal year thereafter— 

7 (1) all payments authorized for eligible non8 electing counties under the first section of the Act 

9 of May 24, 1939 (53 Stat. 753, chapter 144; 43 

10 U.S.C. 2621), shall be suspended; and 

11 (2) the Secretary of the Treasury shall transfer 

12 to the Bureau of Land Management Account within 

13 the Natural Resources Permanent Fund established 

14 by section 300207(b)(2) of title 36, United States 

15 Code, amounts equal to the amounts that would 

16 have otherwise been distributed as payments to eligi17 ble nonelecting counties under the first section of 

18 the Act of May 24, 1939 (53 Stat. 753, chapter 

19 144; 43 U.S.C. 2621). 

20 (e) SUSPENSION OF PAYMENTS UNDER REFUGE

21 REVENUE SHARING ACT.—Except as provided in section 

22 300207(e)(2)(D)(ii) of title 36, United States Code, for 

23 fiscal year 2019 and each fiscal year thereafter— 

24 (1) all payments authorized for eligible non25 electing counties under section 401(c) of the Act of 


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•S 1643 IS

1 June 15, 1935 (commonly known as the ‘‘Refuge 

2 Revenue Sharing Act’’) (49 Stat. 383, chapter 261; 

3 16 U.S.C. 715s(c)), shall be suspended; and 

4 (2) the Secretary of the Treasury shall transfer 

5 to the United States Fish and Wildlife Service Ac6 count within the Natural Resources Permanent 

7 Fund established by section 300207(b)(3) of title 

8 36, United States Code, amounts equal to the 

9 amounts that would have otherwise been distributed 

10 as payments to eligible nonelecting counties under 

11 section 401(c) of the Act of June 15, 1935 (com12 monly known as the ‘‘Refuge Revenue Sharing Act’’) 

13 (49 Stat. 383, chapter 261; 16 U.S.C. 715s(c)). 

14 SEC. 4. AMENDMENTS TO SECURE RURAL SCHOOLS AND 

15 COMMUNITY SELF-DETERMINATION ACT OF 

16 2000. 

17 (a) DEFINITIONS.—Section 3 of the Secure Rural 

18 Schools and Community Self-Determination Act of 2000 

19 (16 U.S.C. 7102) is amended— 

20 (1) in paragraph (1)(B), by striking ‘‘and para21 graph (8)(A)’’; 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (A)(ii), by inserting 

24 ‘‘described in paragraph (7)(A)’’ after ‘‘Federal 

25 land’’; and 


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•S 1643 IS

1 (B) in subparagraph (B)(ii), by striking 

2 ‘‘and paragraph (9)(B)(i)’’; 

3 (3) in paragraph (4)— 

4 (A) in subparagraph (A), by striking 

5 ‘‘and’’ at the end; 

6 (B) in subparagraph (B), by striking the 

7 period at the end and inserting ‘‘; and’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(C) has not elected to opt out of distribu10 tions from the Natural Resources Permanent 

11 Fund under section 300207(e)(4)(A) of title 36, 

12 United States Code.’’; 

13 (4) by striking paragraphs (8) and (9) and in14 serting the following: 

15 ‘‘(8) 50-PERCENT ADJUSTED SHARE.—The 

16 term ‘50-percent adjusted share’ means the quotient 

17 obtained by dividing— 

18 ‘‘(A) the number equal to the total of all 

19 50-percent payments received by an eligible 

20 county during the eligibility period; by 

21 ‘‘(B) the number equal to the sum of all 

22 50-percent payments received by all eligible 

23 counties during the eligibility period.’’; 

24 (5) by redesignating paragraph (10) as para25 graph (9); 


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•S 1643 IS

1 (6) by striking paragraph (11) and inserting 

2 the following: 

3 ‘‘(10) FULL FUNDING AMOUNT.—The term ‘full 

4 funding amount’ means— 

5 ‘‘(A) for fiscal year 2008, $500,000,000; 

6 ‘‘(B) for each of fiscal years 2009 through 

7 2011, an amount equal to 90 percent of the full 

8 funding amount for the preceding fiscal year; 

9 ‘‘(C) for each of fiscal years 2012 through 

10 2015, an amount equal to 95 percent of the full 

11 funding amount for the preceding fiscal year; 

12 ‘‘(D) for fiscal year 2017, an amount equal 

13 to 95 percent of the full funding amount for fis14 cal year 2015; 

15 ‘‘(E) for fiscal year 2018, an amount equal 

16 to 95 percent of the full funding amount for fis17 cal year 2017; and 

18 ‘‘(F) for fiscal year 2019 and each fiscal 

19 year thereafter— 

20 ‘‘(i) for purposes of the calculations 

21 under section 101(a), an amount equal to 

22 the greater of— 

23 ‘‘(I) the amount distributed from 

24 the Forest Service Account within the 

25 Natural Resources Permanent Fund 


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•S 1643 IS

1 under section 300207(e)(2)(A) of title 

2 36, United States Code; and 

3 ‘‘(II) the total amount of all 

4 State payments for fiscal year 2017 

5 (as adjusted to reflect changes during 

6 the period beginning on October 1, 

7 2017, in the Consumer Price Index 

8 for All Urban Consumers published by 

9 the Bureau of Labor Statistics of the 

10 Department of Labor); and 

11 ‘‘(ii) for purposes of the calculations 

12 under section 101(b), an amount equal to 

13 the greater of— 

14 ‘‘(I) the amount distributed from 

15 the Bureau of Land Management Ac16 count within the Natural Resources 

17 Permanent Fund under section 

18 300207(e)(2)(A) of title 36, United 

19 States Code; and 

20 ‘‘(II) the total amount of all 

21 county payments for fiscal year 2017 

22 (as adjusted to reflect changes during 

23 the period beginning on October 1, 

24 2017, in the Consumer Price Index 

25 for All Urban Consumers published by 


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1 the Bureau of Labor Statistics of the 

2 Department of Labor).’’; 

3 (7) by redesignating paragraphs (12) through 

4 (17) as paragraphs (11) through (16), respectively; 

5 and 

6 (8) in paragraph (11) (as so redesignated)— 

7 (A) in subparagraph (A), by inserting 

8 ‘‘containing Federal land described in para9 graph (7)(A)’’ after ‘‘eligible county’’; and 

10 (B) in subparagraph (B), by inserting 

11 ‘‘containing Federal land described in para12 graph (7)(A)’’ after ‘‘eligible counties’’. 

13 (b) PERMANENT AUTHORIZATION; SOURCE OF PAY14 MENT AMOUNTS.— 

15 (1) CALCULATION OF PAYMENTS.—Section 101 

16 of the Secure Rural Schools and Community Self17 Determination Act of 2000 (16 U.S.C. 7111) is 

18 amended by striking ‘‘of fiscal years 2008 through 

19 2015, 2017, and 2018’’ each place it appears and 

20 inserting ‘‘fiscal year’’. 

21 (2) ELECTIONS.—Section 102(b) of the Secure 

22 Rural Schools and Community Self-Determination 

23 Act of 2000 (16 U.S.C. 7112(b)) is amended— 

24 (A) in paragraph (1)— 


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1 (i) in subparagraph (A), by inserting 

2 ‘‘through fiscal year 2018’’ after ‘‘second 

3 fiscal year thereafter’’; and 

4 (ii) by adding at the end the fol5 lowing: 

6 ‘‘(E) FISCAL YEAR 2019 AND THERE7 AFTER.—For fiscal year 2019 and each fiscal 

8 year thereafter— 

9 ‘‘(i) the election otherwise required by 

10 subparagraph (A) shall not apply; and 

11 ‘‘(ii) each affected county shall receive 

12 payments in accordance with chapter 3002 

13 of title 36, United States Code, unless the 

14 affected county elects to opt out of dis15 tributions under section 300207(e)(4)(A) 

16 of that title.’’; 

17 (B) in paragraph (2)(B), by striking 

18 ‘‘through fiscal year 2015 and for fiscal years 

19 2017 and 2018’’; and 

20 (C) by striking paragraph (3) and insert21 ing the following: 

22 ‘‘(3) SOURCE OF PAYMENT AMOUNTS.— 

23 ‘‘(A) IN GENERAL.—With respect to an eli24 gible State or eligible county that has not elect25 ed to opt out of distributions under section 


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1 300207(e)(4)(A) of title 36, United States 

2 Code, the payment under this section for a fis3 cal year shall be derived from— 

4 ‘‘(i) distributions to be paid under 

5 section 300207(e)(2)(A)(ii)(III)(aa) of title 

6 36, United States Code; and 

7 ‘‘(ii) to the extent that amounts made 

8 available under clause (i) are insufficient, 

9 any amounts that are appropriated to 

10 carry out this Act, to be distributed in ac11 cordance with section 

12 300207(e)(2)(A)(ii)(III)(bb) of title 36, 

13 United States Code. 

14 ‘‘(B) EXCEPTION.—An eligible State or eli15 gible county that has elected to opt out of dis16 tributions under section 300207(e)(4)(A) of 

17 title 36, United States Code— 

18 ‘‘(i) shall not receive any payment 

19 under this section; and 

20 ‘‘(ii) may receive payments only 

21 under, as applicable— 

22 ‘‘(I) the sixth paragraph under 

23 the heading ‘FOREST SERVICE’ in the 

24 Act of May 23, 1908 (35 Stat. 260, 

25 chapter 192; 16 U.S.C. 500), and secVerDate Sep 11 2014 20:32 Jun 03, 2019 Jkt 089200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S1643.IS S1643

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1 tion 13 of the Act of March 1, 1911 

2 (commonly known as the ‘Weeks 

3 Law’) (36 Stat. 963, chapter 186; 16 

4 U.S.C. 500); 

5 ‘‘(II) subsection (a) of title II of 

6 the Act of August 28, 1937 (50 Stat. 

7 875, chapter 876; 43 U.S.C. 2605); 

8 and 

9 ‘‘(III) the first section of the Act 

10 of May 24, 1939 (53 Stat. 753, chap11 ter 144; 43 U.S.C. 2621).’’. 

12 (3) NOTIFICATION OF ELECTION.—Section 

13 102(d)(1) of the Secure Rural Schools and Commu14 nity Self-Determination Act of 2000 (16 U.S.C. 

15 7112(d)(1)) is amended— 

16 (A) in subparagraph (A), by striking ‘‘sub17 paragraph (D)’’ and inserting ‘‘subparagraphs 

18 (D) and (G)’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(G) FISCAL YEAR 2019 AND THERE21 AFTER.—For fiscal year 2019 and each fiscal 

22 year thereafter— 

23 ‘‘(i) the allocation of funds required 

24 under subparagraph (A) shall not be re25 quired; 


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1 ‘‘(ii) of the amounts received for the 

2 fiscal year— 

3 ‘‘(I) 85 percent shall be expended 

4 in the same manner in which the 25- 

5 percent payments or 50-percent pay6 ments, as applicable, are required to 

7 be expended; and 

8 ‘‘(II) 15 percent shall be ex9 pended on county projects in accord10 ance with title III; and 

11 ‘‘(iii) the elections otherwise required 

12 by subparagraphs (B), (C), and (D), or 

13 considered to be made under paragraph 

14 (3)(B), as applicable, shall not apply or be 

15 required for payments made for the fiscal 

16 year.’’. 

17 (4) DISTRIBUTION OF PAYMENTS TO ELIGIBLE

18 COUNTIES.—Section 103(d)(2) of the Secure Rural 

19 Schools and Community Self-Determination Act of 

20 2000 (16 U.S.C. 7113(d)(2)) is amended by striking 

21 ‘‘each of fiscal years 2011 through and for fiscal 

22 years 2017 and 2018’’ and inserting ‘‘fiscal year 

23 2011 and each fiscal year thereafter’’. 

24 (5) TERMINATION OF AUTHORITY.—The Secure 

25 Rural Schools and Community Self-Determination 


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1 Act of 2000 is amended by striking section 304 (16 

2 U.S.C. 7144). 

3 (c) REPEAL OF AUTHORITY TO CONDUCT SPECIAL

4 PROJECTS ON FEDERAL LAND.— 

5 (1) IN GENERAL.—Title II of the Secure Rural 

6 Schools and Community Self-Determination Act of 

7 2000 (16 U.S.C. 7121 et seq.) is repealed. 

8 (2) CONFORMING AMENDMENTS.— 

9 (A) Section 102(d) of the Secure Rural 

10 Schools and Community Self-Determination Act 

11 of 2000 (16 U.S.C. 7112(d)) is amended— 

12 (i) in paragraph (1)— 

13 (I) in subparagraph (B)— 

14 (aa) by striking clause (i); 

15 (bb) by redesignating 

16 clauses (ii) and (iii) as clauses (i) 

17 and (ii), respectively; and 

18 (cc) in clause (ii) (as so re19 designated), by striking ‘‘clauses 

20 (i) and (ii)’’ and inserting 

21 ‘‘clause (i)’’; 

22 (II) in subparagraph (C)— 

23 (aa) by striking clause (i); 


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1 (bb) by redesignating 

2 clauses (ii) and (iii) as clauses (i) 

3 and (ii), respectively; and 

4 (cc) in clause (ii) (as so re5 designated), by striking ‘‘clauses 

6 (i) and (ii)’’ and inserting 

7 ‘‘clause (i)’’; and 

8 (III) in subparagraphs (E) and 

9 (F), by striking ‘‘paragraph (3)(B)’’ 

10 each place it appears and inserting 

11 ‘‘paragraph (2)(B)’’; 

12 (ii) by striking paragraph (2); 

13 (iii) by redesignating paragraph (3) as 

14 paragraph (2); and 

15 (iv) in subparagraph (B)(ii) of para16 graph (2) (as so redesignated), by insert17 ing ‘‘(as in effect on the day before the 

18 date of enactment of the Forest Manage19 ment for Rural Stability Act)’’ after 

20 ‘‘204(a)(5)’’. 

21 (B) Section 302(b) of the Secure Rural 

22 Schools and Community Self-Determination Act 

23 of 2000 (16 U.S.C. 7142(b)) is amended 

24 (i) in paragraph (1), by striking ‘‘; 

25 and’’ at the end and inserting a period; 


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1 (ii) in the matter preceding paragraph 

2 (1), by striking ‘‘shall—’’ and all that fol3 lows through ‘‘publish’’ in paragraph (1) 

4 and inserting ‘‘shall publish’’; and 

5 (iii) by striking paragraph (2). 

6 (C) The Secure Rural Schools and Com7 munity Self-Determination Act of 2000 is 

8 amended by striking section 403 (16 U.S.C. 

9 7153) and inserting the following: 

10 ‘‘SEC. 403. TREATMENT OF FUNDS. 

11 ‘‘Funds made available under section 402 shall be in 

12 addition to any other annual appropriations for the Forest 

13 Service and the Bureau of Land Management.’’. 

14 (D) Section 603(b)(1)(C)(ii)(II) of the 

15 Healthy Forests Restoration Act of 2003 (16 

16 U.S.C. 6591b(b)(1)(C)(ii)(II)) is amended by 

17 inserting ‘‘(as in effect on the day before the 

18 date of enactment of the Forest Management 

19 for Rural Stability Act’’) before the period at 

20 the end. 

21 (E) Section 4003(b)(2)(B)(ii) of the Omni22 bus Public Land Management Act of 2009 (16 

23 U.S.C. 7303(b)(2)(B)(ii)) is amended by strik24 ing ‘‘500 note)’’ and inserting ‘‘7125) (as in ef25 fect on the day before the date of enactment of 


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1 the Forest Management for Rural Stability 

2 Act)’’. 

3 (d) USE OF FUNDS.—Section 302(a) of the Secure 

4 Rural Schools and Community Self-Determination Act of 

5 2000 (16 U.S.C. 7142(a)) is amended— 

6 (1) in paragraph (1), by striking ‘‘to carry out 

7 activities under the Firewise Communities pro8 gram’’; 

9 (2) in paragraph (2)(A), by striking ‘‘on Fed10 eral land’’; 

11 (3) in paragraph (3), by striking ‘‘and’’ at the 

12 end; 

13 (4) in paragraph (4), by striking the period at 

14 the end and inserting a semicolon; and 

15 (5) by adding at the end the following: 

16 ‘‘(5) for job training or job creation activities; 

17 ‘‘(6) for projects approved by— 

18 ‘‘(A) a resource advisory committee; or 

19 ‘‘(B) a forest collaborative; 

20 ‘‘(7) for natural resource conservation projects; 

21 ‘‘(8) for forest health treatments; 

22 ‘‘(9) for economic development activities; 

23 ‘‘(10) for transportation infrastructure projects 

24 on county road systems that serve Federal land; or 


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1 ‘‘(11) to plan, develop, or carry out projects on 

2 Federal land that— 

3 ‘‘(A) are consistent with applicable Federal 

4 laws (including regulations) and forest plans; 

5 ‘‘(B) create private sector jobs, generate 

6 county revenue, or provide merchantable forest 

7 products; and 

8 ‘‘(C) may include— 

9 ‘‘(i) forest health treatments; 

10 ‘‘(ii) implementation of work under a 

11 Master Stewardship Agreement; 

12 ‘‘(iii) implementation of work under a 

13 good neighbor agreement (as defined in 

14 section 8206(a) of the Agricultural Act of 

15 2014 (16 U.S.C. 2113a(a))); or 

16 ‘‘(iv) forest road replacement, reha17 bilitation, or reconstruction.’’. 

18 (e) CERTIFICATION.—Section 303 of the Secure 

19 Rural Schools and Community Self-Determination Act of 

20 2000 (16 U.S.C. 7143) is amended— 

21 (1) in subsection (a), by striking ‘‘February 1’’ 

22 and all that follows through ‘‘Secretary concerned’’ 

23 and inserting ‘‘February 1 of each calendar year be24 ginning after a calendar year during which not less 

25 than $35,000 of county funds were expended by a 


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1 participating county, the appropriate official of the 

2 participating county shall submit to the Forest and 

3 Refuge County Foundation established by section 

4 300202 of title 36, United States Code,’’; and 

5 (2) in subsection (b)— 

6 (A) by striking ‘‘Secretary concerned 

7 shall’’ and inserting ‘‘Forest and Refuge Coun8 ty Foundation shall’’; and 

9 (B) by striking ‘‘Secretary concerned de10 termines’’ and inserting ‘‘Foundation deter11 mines’’. 

12 (f) FUNDING.—The Secure Rural Schools and Com13 munity Self-Determination Act of 2000 is amended by 

14 striking section 402 (16 U.S.C. 7152) and inserting the 

15 following: 

16 ‘‘SEC. 402. FUNDING. 

17 ‘‘(a) IN GENERAL.—On October 1 of each fiscal year, 

18 out of any funds in the Treasury not otherwise appro19 priated, the Secretary of the Treasury shall transfer to 

20 the Secretary concerned such sums as are necessary to 

21 carry out this Act, to remain available until expended. 

22 ‘‘(b) RECEIPT AND ACCEPTANCE.—The Secretary 

23 concerned shall be entitled to receive, shall accept, and 

24 shall use to carry out this section the funds transferred 

25 under subsection (a), without further appropriation.’’. 


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1 SEC. 5. FUNDING FOR REFUGE REVENUE SHARING ACT. 

2 (a) SOURCE OF PAYMENTS TO COUNTIES.—Section 

3 401(c) of the Act of June 15, 1935 (commonly known as 

4 the ‘‘Refuge Revenue Sharing Act’’) (49 Stat. 383, chap5 ter 261; 16 U.S.C. 715s(c)), is amended adding at the 

6 end the following: 

7 ‘‘(6) SOURCE OF PAYMENTS TO COUNTIES.— 

8 Notwithstanding any other provision of this section, 

9 for fiscal year 2019 and each fiscal year thereafter, 

10 with respect to counties that have not elected to opt 

11 out of distributions under section 300207(e)(4)(A) 

12 of title 36, United States Code, instead of making 

13 the payments to the applicable counties required 

14 under paragraphs (1) and (2) from the fund, the 

15 payments shall be derived from— 

16 ‘‘(A) distributions to be paid under section 

17 300207(e)(2)(B)(ii)(III)(aa)(AA) of title 36, 

18 United States Code; and 

19 ‘‘(B) to the extent that amounts made 

20 available under subparagraph (A) are insuffi21 cient, any amounts that are appropriated under 

22 subsection (d), to be distributed in accordance 

23 with section 300207(e)(2)(B)(ii)(III)(bb) of 

24 title 36, United States Code.’’. 

25 (b) FUNDING.—Section 401 of the Act of June 15, 

26 1935 (commonly known as the ‘‘Refuge Revenue Sharing 


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•S 1643 IS

1 Act’’) (49 Stat. 383, chapter 261; 16 U.S.C. 715s), is 

2 amended by striking subsection (d) and inserting the fol3 lowing: 

4 ‘‘(d) FUNDING FOR PAYMENTS.— 

5 ‘‘(1) IN GENERAL.—On October 1 of each fiscal 

6 year, out of any funds in the Treasury not otherwise 

7 appropriated, the Secretary of the Treasury shall 

8 transfer to the Secretary such sums as are necessary 

9 to make payments under paragraphs (1) and (2) of 

10 subsection (c) to counties, after taking into ac11 count— 

12 ‘‘(A) amounts in the fund available for the 

13 payments for the fiscal year; and 

14 ‘‘(B) amounts made available for payments 

15 from the National Resources Permanent Fund 

16 established by section 300207(a) of title 36, 

17 United States Code, for the fiscal year. 

18 ‘‘(2) RECEIPT AND ACCEPTANCE.—The Sec19 retary shall be entitled to receive, shall accept, and 

20 shall use to carry out this section the funds trans21 ferred under paragraph (1), without further appro22 priation.’’. 


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1 SEC. 6. EXEMPTION OF CERTAIN PAYMENTS FROM SEQUES2 TRATION. 

3 (a) IN GENERAL.—Section 255(g)(1)(A) of the Bal4 anced Budget and Emergency Deficit Control Act of 1985 

5 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after 

6 ‘‘Payments to Social Security Trust Funds (28–0404–0– 

7 1–651).’’ the following: 

8 ‘‘Payments to States and eligible counties 

9 from the National Resources Permanent Fund 

10 established by section 300207(a) of title 36, 

11 United States Code.’’. 

12 (b) APPLICABILITY.—The amendment made by this 

13 section shall apply to any sequestration order issued under 

14 the Balanced Budget and Emergency Deficit Control Act 

15 of 1985 (2 U.S.C. 900 et seq.) on or after the date of 

16 enactment of this Act. 

Æ 


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