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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1608 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 1608

_______________________________________________________________________

                                 AN ACT

 
To provide stability 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 the benefit 
 of public schools and roads and to enhance the health, diversity and 
                     productivity of Federal lands.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 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 purpose.
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. Allocation of proceeds.
Sec. 209. 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--THE MINERAL REVENUE PAYMENTS CLARIFICATION ACT OF 2000

Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Amendment of the Mineral Leasing Act.

SEC. 2. FINDINGS AND PURPOSE.

    (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 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 predicable 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--
            (1) to stabilize and make permanent payments to counties to 
        provide funding for schools and roads;
            (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; and
            (3) to improve cooperative relationships among the people 
        that use and care for Federal lands and the agencies that 
        manage these lands.

SEC. 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 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 section 
                1181c of title 43, United States Code, 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 payments.--The term ``25-percent payments'' 
        means the payments to States required by the sixth paragraph 
        under the heading of ``FOREST SERVICE'' in the Act of May 23, 
        1908 as amended (16 U.S.C. 500).
            (7) 50-percent payments.--The term ``50-percent payments'' 
        means the payments that are 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 adding after ``(16 U.S.C. 500)'' the following: ``or the Secure 
Rural Schools and Community Self-Determination Act of 2000''.

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

SEC. 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 (blm) 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) 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. 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, 
        as amended (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) 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) A county election to receive the 25-percent payment shall be 
effective for two fiscal years.
    (3) 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.
    (4) The payment to an eligible State under this subsection 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 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 (b) shall distribute the payment among all 
        eligible counties in the State in accordance with the Act of 
        May 23, 1908, as amended.
            (2) Expenditure purposes.--Subject to subsection (d), 
        payments received by a State under subsection (b) and 
        distributed to eligible counties shall be expended as required 
        by section 500 of title 16, United States Code.
    (d) Expenditure Rules for Eligible Counties.--
            (1) In general.--If an eligible county elects to receive 
        its share of the full payment amount--
                    (A) 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; and
                    (B) at the election of an eligible county, the 
                balance of the funds not expended pursuant to 
                subparagraph (A) shall--
                            (i) be reserved for projects in accordance 
                        with title II;
                            (ii) be spent in accordance with title III; 
                        or
                            (iii) be returned to the General Treasury 
                        in accordance with section 402(b).
            (2) Distribution of funds.--(A) 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) 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) 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 
                subsection (b) 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 subsection (b), the eligible county may 
                elect to expend all such funds in accordance with 
                subsection (c)(2).

SEC. 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, as amended (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 Payment Amount.--(1) 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) The payment to an eligible county under this subsection 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) In general.--Of the funds to be paid to an eligible 
        county pursuant to subsection (b)--
                    (A) 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; and
                    (B) at the election of an eligible county, the 
                balance of the funds not expended pursuant to 
                subparagraph (A) shall--
                            (i) be reserved for projects in accordance 
                        with title II;
                            (ii) be spent in accordance with title III; 
                        or
                            (iii) be returned to the General Treasury 
                        in accordance with section 402(b).
            (2) Distribution of funds.--(A) 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 shall remain 
        available until expended in accordance with title II.
            (B) 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.--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 under 
        subsection (b). 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 (b) 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).

              TITLE II--SPECIAL PROJECTS ON FEDERAL LANDS

SEC. 201. DEFINITIONS.

    In this title:
            (1) Participating county.--The term ``participating 
        county'' means an eligible county that--
                    (A) receives Federal funds pursuant to section 
                102(b)(1) or 103(b)(1); and
                    (B) elects under section 102(d)(1)(B)(i) or 
                103(c)(1)(B)(i) to expend a portion of those funds 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 the Secretary of the Interior or his designee with 
        respect to the Federal lands described in section 3(1)(B) and 
        the Secretary of Agriculture or his designee with respect to 
        the Federal lands described in section 3(1)(A).

SEC. 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. 203. SUBMISSION OF PROJECT PROPOSALS.

    (a) Submission of Project Proposals to Secretary Concerned.--
            (1) 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.
            (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 
        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. 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, a decision by the Secretary concerned to 
        reject a proposed project shall not be subject to 
        administrative appeal or judicial review. 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 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 materials sales contracting pilot 
        projects.
                    (A) Establishment.--The Secretary concerned shall 
                establish a pilot program regarding the sale of 
                merchantable material under this title. Such a program 
                shall ensure that, on an annual basis, no less than 75 
                percent of all projects involving merchantable material 
                shall be implemented using separate contracts for--
                            (i) the harvesting or collection of 
                        merchantable material; and
                            (ii) the sale of such material.
                    (B) Duration and extent.--(i) The Secretary 
                concerned shall ensure that, on an annual basis 
                beginning in fiscal year 2001, no less than 75 percent 
                of projects involving merchantable material shall be 
                included in the pilot program.
                    (ii) Not later than September 30, 2003, the General 
                Accounting Office (GAO) shall submit a report to the 
                Senate Energy and Natural Resources Committee, the 
                House of Representatives Agriculture Committee and the 
                House of Representatives Resources Committee assessing 
                the pilot program.
                    (iii) If the GAO determines that the pilot program 
                is ineffective at that time, then the Secretary 
                concerned shall ensure that, on an annual basis 
                beginning in fiscal year 2004, no less than 50 percent 
                of projects involving merchantable material shall be 
                implemented using separate contracts.
    (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 to the following purposes--
            (1) road maintenance, decommissioning or obliteration; and
            (2) restoration of streams and watersheds.

SEC. 205. RESOURCE ADVISORY COMMITTEES.

    (a) Establishment and Purpose of Resource Advisory Committees.--
            (1) Establishment.--The Secretary concerned shall establish 
        and maintain resource advisory committees to perform the duties 
        in subsection (b), except as provided in paragraph (4).
            (2) Purpose.--The purpose of a resource advisory committee 
        shall be 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 part 1780, subpart 1784 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 and under 
        title III by participating counties and other persons;
            (2) propose projects and funding to the Secretary concerned 
        under section 203 and to the participating county under title 
        III;
            (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 title III; 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 and title III.
    (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) 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) 5 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) 5 persons representing--
                            (i) nationally recognized environmental 
                        organizations;
                            (ii) regionally or locally recognized 
                        environmental organizations;
                            (iii) dispersed recreational activities;
                            (iv) archeological and historical 
                        interests; or
                            (v) nationally or regionally recognized 
                        wild horse and burro interest groups.
                    (C) 5 persons who--
                            (i) hold State elected office or their 
                        designee;
                            (ii) hold county or local elected office;
                            (iii) represent American Indian tribes 
                        within or adjacent to the area for which the 
                        committee is organized;
                            (iv) are school officials or teachers; or
                            (v) represent the affected public at large.
            (3) Balanced representation.--In appointing committee 
        members from the 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 geographic jurisdiction.
            (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 and the 
participating county under title III. 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), or to the participating 
county under section 302, 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. 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.
                    (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. 207. AVAILABILITY OF PROJECT FUNDS.

    (a) Submission of Proposed Projects to Obligate Funds.--By 
September 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 209, 
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 209, any 
project funds reserved by a participating county in the 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 use unobligated project funds related to that project in 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) or 
103(c)(1)(B), whichever applies to the funds involved.

SEC. 208. ALLOCATION OF PROCEEDS.

    The proceeds from any joint project under section 203(a)(3) using 
both Federal and non-Federal funds shall be equitably divided between 
the Treasury of the United States and the non-Federal funding source in 
direct proportion to the contribution of funds to the overall cost of 
the project.

SEC. 209. 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. 301. DEFINITIONS.

    In this title:
            (1) Participating county.--The term ``participating 
        county'' means an eligible county that--
                    (A) receives Federal funds pursuant to section 
                102(b)(1) or 103(b)(1); and
                    (B) elects under section 102(d)(1)(B)(ii) or 
                103(c)(1)(B)(ii) to expend a portion of those funds 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. 302. USE OF COUNTY FUNDS.

    (a) Limitation of County Fund Use.--County funds shall be expended 
solely on projects that meet the requirements of this title and section 
205 of this Act; except that: The projects shall be approved by the 
participating county rather than the Secretary concerned.
    (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--
                    (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 provisions of section 9 of the 
        Cooperative Forestry Assistance Act (Public Law 95-313).

SEC. 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. 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. 402. TREATMENT OF FUNDS AND REVENUES.

    (a) 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) All revenues generated from projects pursuant to title II, any 
funds remitted by counties pursuant to section 102(d)(1)(B) or section 
103(c)(1)(B), and any interest accrued from such funds shall be 
deposited in the Treasury of the United States.

SEC. 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.

    TITLE V--THE MINERAL REVENUE PAYMENTS CLARIFICATION ACT OF 2000

SEC. 501. SHORT TITLE.

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

SEC. 502. FINDINGS.

    The Congress finds the following:
            (1) Subtitle C of title X of the Omnibus Budget 
        Reconciliation Act of 1993 (Public Law 103-66) changed 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. sec. 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.''.

            Passed the Senate September 13, 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 1608

_______________________________________________________________________

                                 AN ACT

To provide stability 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 the benefit 
 of public schools and roads and to enhance the health, diversity and 
                     productivity of Federal lands.

S 1608 ES----2
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S 1608 ES----5
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