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.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Secure Rural Schools and Community Self-Determina6 tion Act of 2000’’.
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1 (b) Table of Contents.—The table of contents of this

2 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.

3 SEC. 2. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—The Congress finds the following:
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1 (1) The National Forest System, which is man2 aged by the United States Forest Service, was estab3 lished in 1907 and has grown to include approxi4 mately 192,000,000 acres of Federal lands.

5 (2) The public domain lands known as revested

6 Oregon and California Railroad grant lands and the

7 reconveyed Coos Bay Wagon Road grant lands,

8 which are managed predominantly by the Bureau of

9 Land Management were returned to Federal owner10 ship in 1916 and 1919 and now comprise approxi11 mately 2,600,000 acres of Federal lands.

12 (3) Congress recognized that, by its decision to

13 secure these lands in Federal ownership, the coun14 ties in which these lands are situated would be de15 prived of revenues they would otherwise receive if

16 the lands were held in private ownership.

17 (4) These same counties have expended public

18 funds year after year to provide services, such as

19 education, road construction and maintenance,

20 search and rescue, law enforcement, waste removal,

21 and fire protection, that directly benefit these Fed22 eral lands and people who use these lands.

23 (5) To accord a measure of compensation to the

24 affected counties for the critical services they provide

25 to both county residents and visitors to these Fed-
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1 eral lands, Congress determined that the Federal

2 Government should share with these counties a por3 tion of the revenues the United States receives from

4 these Federal lands.

5 (6) Congress enacted in 1908 and subsequently

6 amended a law that requires that 25 percent of the

7 revenues derived from National Forest System lands

8 be paid to States for use by the counties in which

9 the lands are situated for the benefit of public

10 schools and roads.

11 (7) Congress enacted in 1937 and subsequently

12 amended a law that requires that 75 percent of the

13 revenues derived from the revested and reconveyed

14 grant lands be paid to the counties in which those

15 lands are situated to be used as are other county

16 funds, of which 50 percent is to be used as other

17 county funds.

18 (8) For several decades primarily due to the

19 growth of the Federal timber sale program, counties

20 dependent on and supportive of these Federal lands

21 received and relied on increasing shares of these rev22 enues to provide funding for schools and road main23 tenance.

24 (9) In recent years, the principal source of

25 these revenues, Federal timber sales, has been
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1 sharply curtailed and, as the volume of timber sold

2 annually from most of the Federal lands has de3 creased precipitously, so too have the revenues

4 shared with the affected counties.

5 (10) This decline in shared revenues has af6 fected educational funding and road maintenance for

7 many counties.

8 (11) In the Omnibus Budget Reconciliation Act

9 of 1993, Congress recognized this trend and amelio10 rated its adverse consequences by providing an alter11 native annual safety net payment to 72 counties in

12 Oregon, Washington, and northern California in

13 which Federal timber sales had been restricted or

14 prohibited by administrative and judicial decisions to

15 protect the northern spotted owl.

16 (12) The authority for these particular safety

17 net payments is expiring and no comparable author18 ity has been granted for alternative payments to

19 counties elsewhere in the United States that have

20 suffered similar losses in shared revenues from the

21 Federal lands and in the funding for schools and

22 roads those revenues provide.

23 (13) There is a need to stabilize education and

24 road maintenance funding through predicable pay25 ments to the affected counties, job creation in those
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1 counties, and other opportunities associated with

2 restoration, maintenance, and stewardship of Fed3 eral lands.

4 (14) Both the Forest Service and the Bureau of

5 Land Management face significant backlogs in infra6 structure maintenance and ecosystem restoration

7 that are difficult to address through annual appro8 priations.

9 (15) There is a need to build new, and

10 strengthen existing, relationships and to improve

11 management of public lands and waters.

12 (b) PURPOSES.—The purposes of this Act are—

13 (1) to stabilize and make permanent payments

14 to counties to provide funding for schools and roads;

15 (2) to make additional investments in, and cre16 ate additional employment opportunities through,

17 projects that improve the maintenance of existing in18 frastructure, implement stewardship objectives that

19 enhance forest ecosystems, and restore and improve

20 land health and water quality. Such projects shall

21 enjoy broad-based support with objectives that may

22 include, but are not limited to—

23 (A) road, trail, and infrastructure mainte24 nance or obliteration;

25 (B) soil productivity improvement;
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1 (C) improvements in forest ecosystem

2 health;

3 (D) watershed restoration and mainte4 nance;

5 (E) restoration, maintenance and improve6 ment of wildlife and fish habitat;

7 (F) control of noxious and exotic weeds;

8 and

9 (G) reestablishment of native species; and

10 (3) to improve cooperative relationships among

11 the people that use and care for Federal lands and

12 the agencies that manage these lands.

13 SEC. 3. DEFINITIONS.

14 In this Act:

15 (1) FEDERAL LANDS.—The term ‘‘Federal

16 lands’’ means—

17 (A) lands within the National Forest Sys18 tem, as defined in section 11(a) of the Forest

19 and Rangeland Renewable Resources Planning

20 Act of 1974 (16 U.S.C. 1609(a)) exclusive of

21 the National Grasslands and land utilization

22 projects designated as National Grasslands ad23 ministered pursuant to the Act of July 22,

24 1937 (7 U.S.C. 1010–1012); and
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1 (B) such portions of the revested Oregon

2 and California Railroad and reconveyed Coos

3 Bay Wagon Road grant lands as are or may

4 hereafter come under the jurisdiction of the De5 partment of the Interior, which have heretofore

6 or may hereafter be classified as timberlands,

7 and power-site lands valuable for timber, that

8 shall be managed, except as provided in section

9 1181c of title 43, United States Code, for per10 manent forest production.

11 (2) ELIGIBILITY PERIOD.—The term ‘‘eligibility

12 period’’ means fiscal year 1986 through fiscal year

13 1999.

14 (3) ELIGIBLE COUNTY.—The term ‘‘eligible

15 county’’ means a county that received 50-percent

16 payments for one or more fiscal years of the eligi17 bility period or a county that received a portion of

18 an eligible State’s 25-percent payments for one or

19 more fiscal years of the eligibility period. The term

20 includes a county established after the date of the

21 enactment of this Act so long as the county includes

22 all or a portion of a county described in the pre23 ceding sentence.

24 (4) ELIGIBLE STATE.—The term ‘‘eligible

25 State’’ means a State that received 25-percent pay-
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1 ments for one or more fiscal years of the eligibility

2 period.

3 (5) FULL PAYMENT AMOUNT.—The term ‘‘full

4 payment amount’’ means the amount calculated for

5 each eligible State and eligible county under section

6 101.

7 (6) 25-PERCENT PAYMENTS.—The term ‘‘25-

8 percent payments’’ means the payments to States

9 required by the sixth paragraph under the heading

10 of ‘‘FOREST SERVICE’’ in the Act of May 23,

11 1908 as amended (16 U.S.C. 500).

12 (7) 50-PERCENT PAYMENTS.—The term ‘‘50-

13 percent payments’’ means the payments that are the

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

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

16 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),

17 and the payment made to a county pursuant to the

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

19 U.S.C. 1181f–1 et seq.).

20 (8) SAFETY NET PAYMENTS.—The term ‘‘safety

21 net payments’’ means the special payment amounts

22 paid to States and counties required by section

23 13982 or 13983 of the Omnibus Budget Reconcili24 ation Act of 1993 (Public Law 103–66; 16 U.S.C.

25 500 note; 43 U.S.C. 1181f note).
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1 SEC. 4. CONFORMING AMENDMENT.

2 Section 6903(a)(1)(C) of title 31, United States

3 Code, is amended by adding after ‘‘(16 U.S.C. 500)’’ the

4 following: ‘‘or the Secure Rural Schools and Community

5 Self-Determination Act of 2000’’.

6 TITLE I—SECURE PAYMENTS

7 FOR STATES AND COUNTIES

8 CONTAINING FEDERAL

9 LANDS

10 SEC. 101. DETERMINATION OF FULL PAYMENT AMOUNT

11 FOR ELIGIBLE STATES AND COUNTIES.

12 (a) CALCULATION REQUIRED.—

13 (1) ELIGIBLE STATES.—For fiscal years 2001

14 through 2006, the Secretary of the Treasury shall

15 calculate for each eligible State that received a 25-

16 percent payment during the eligibility period an

17 amount equal to the average of the three highest 25-

18 percent payments and safety net payments made to

19 that eligible State for the fiscal years of the eligi20 bility period.

21 (2) BUREAU OF LAND MANAGEMENT (BLM)

22 COUNTIES.—For fiscal years 2001 through 2006,

23 the Secretary of the Treasury shall calculate for

24 each eligible county that received a 50-percent pay25 ment during the eligibility period an amount equal

26 to the average of the three highest 50-percent pay-
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1 ments and safety net payments made to that eligible

2 county for the fiscal years of the eligibility period.

3 (b) ANNUAL ADJUSTMENT.—For each fiscal year in

4 which payments are required to be made to eligible States

5 and eligible counties under this title, the Secretary of the

6 Treasury shall adjust the full payment amount for the pre7 vious fiscal year for each eligible State and eligible county

8 to reflect 50 percent of the changes in the consumer price

9 index for rural areas (as published in the Bureau of Labor

10 Statistics) that occur after publication of that index for

11 fiscal year 2000.

12 SEC. 102. PAYMENTS TO STATES FROM NATIONAL FOREST

13 SYSTEM LANDS FOR USE BY COUNTIES TO

14 BENEFIT PUBLIC EDUCATION AND TRANS15 PORTATION.

16 (a) PAYMENT AMOUNTS.—The Secretary of the

17 Treasury shall pay an eligible State the sum of the

18 amounts elected under subsection (b) by each eligible

19 county for either—

20 (1) the 25-percent payment under the Act of

21 May 23, 1908, as amended (16 U.S.C. 500), or

22 (2) the full payment amount in place of the 25-

23 percent payment.

24 (b) ELECTION TO RECEIVE PAYMENT AMOUNT.—(1)

25 The election to receive either the full payment amount or
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1 the 25-percent payment shall be made at the discretion

2 of each affected county and transmitted to the Secretary

3 by the Governor of a State.

4 (2) A county election to receive the 25-percent pay5 ment shall be effective for two fiscal years.

6 (3) When a county elects to receive the full payment

7 amount, such election shall be effective for all the subse8 quent fiscal years through fiscal year 2006.

9 (4) The payment to an eligible State under this sub10 section for a fiscal year shall be derived from any reve11 nues, fees, penalties, or miscellaneous receipts, exclusive

12 of deposits to any relevant trust fund, or special accounts,

13 received by the Federal Government from activities by the

14 Forest Service on the Federal lands described in section

15 3(1)(A) and to the extent of any shortfall, out of any

16 funds in the Treasury not otherwise appropriated.

17 (c) DISTRIBUTION AND EXPENDITURE OF PAY18 MENTS.—

19 (1) DISTRIBUTION METHOD.—A State that re20 ceives a payment under subsection (b) shall dis21 tribute the payment among all eligible counties in

22 the State in accordance with the Act of May 23,

23 1908, as amended.

24 (2) EXPENDITURE PURPOSES.—Subject to sub25 section (d), payments received by a State under sub-
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1 section (b) and distributed to eligible counties shall

2 be expended as required by section 500 of title 16,

3 United States Code.

4 (d) EXPENDITURE RULES FOR ELIGIBLE COUN5 TIES.—

6 (1) IN GENERAL.—If an eligible county elects to

7 receive its share of the full payment amount—

8 (A) not less than 80 percent but not more

9 than 85 percent of the funds shall be expended

10 in the same manner in which the 25-percent

11 payments are required to be expended; and

12 (B) at the election of an eligible county,

13 the balance of the funds not expended pursuant

14 to subparagraph (A) shall—

15 (i) be reserved for projects in accord16 ance with title II;

17 (ii) be spent in accordance with title

18 III; or

19 (iii) be returned to the General Treas20 ury in accordance with section 402(b).

21 (2) DISTRIBUTION OF FUNDS.—(A) Funds re22 served by an eligible county under paragraph

23 (1)(B)(i) shall be deposited in a special account in

24 the Treasury of the United States and shall be avail25 able for expenditure by the Secretary of Agriculture,
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1 without further appropriation, and shall remain

2 available until expended in accordance with title II.

3 (B) Funds reserved by an eligible county under

4 paragraph (1)(B)(ii) shall be available for expendi5 ture by the county and shall remain available, until

6 expended, in accordance with title III.

7 (3) ELECTION.—

8 (A) IN GENERAL.—An eligible county shall

9 notify the Secretary of Agriculture of its elec10 tion under this subsection not later than Sep11 tember 30 of each fiscal year. If the eligible

12 county fails to make an election by that date,

13 the county is deemed to have elected to expend

14 85 percent of the funds to be received under

15 subsection (b) in the same manner in which the

16 25-percent payments are required to be ex17 pended, and shall remit the balance to the

18 Treasury of the United States in accordance

19 with section 402(b).

20 (B) COUNTIES WITH MINOR DISTRIBU21 TIONS.—Notwithstanding any adjustment made

22 pursuant to section 101 (b) in the case of each

23 eligible county to which less than $100,000 is

24 distributed for any fiscal year pursuant to sub25 section (b), the eligible county may elect to ex-
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1 pend all such funds in accordance with sub2 section (c)(2).

3 SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU OF LAND

4 MANAGEMENT LANDS FOR USE TO BENEFIT

5 PUBLIC SAFETY, LAW ENFORCEMENT, EDU6 CATION, AND OTHER PUBLIC PURPOSES.

7 (a) PAYMENT.—The Secretary of the Treasury shall

8 pay an eligible county either—

9 (1) the 50-percent payment under the Act of

10 August 28, 1937, as amended (43 U.S.C. 1181f) or

11 the Act of May 24, 1939 (43 U.S.C. 1181f–1) as ap12 propriate, or

13 (2) the full payment amount in place of the 50-

14 percent payment.

15 (b) ELECTION TO RECEIVE PAYMENT AMOUNT.—(1)

16 The election to receive the full payment amount shall be

17 made at the discretion of the county. Once the election

18 is made, it shall be effective for the fiscal year in which

19 the election is made and all subsequent fiscal years

20 through fiscal year 2006.

21 (2) The payment to an eligible county under this sub22 section for a fiscal year shall be derived from any reve23 nues, fees, penalties, or miscellaneous receipts, exclusive

24 of deposits to any relevant trust fund, or permanent oper25 ating funds, received by the Federal Government from ac-
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1 tivities by the Bureau of Land Management on the Fed2 eral lands described in section 3(1)(B) and to the extent

3 of any shortfall, out of any funds in the Treasury not oth4 erwise appropriated.

5 (c) EXPENDITURE RULES FOR ELIGIBLE COUN6 TIES.—

7 (1) IN GENERAL.—Of the funds to be paid to

8 an eligible county pursuant to subsection (b)—

9 (A) not less than 80 percent but not more

10 than 85 percent of the funds distributed to the

11 eligible county shall be expended in the same

12 manner in which the 50-percent payments are

13 required to be expended; and

14 (B) at the election of an eligible county,

15 the balance of the funds not expended pursuant

16 to subparagraph (A) shall—

17 (i) be reserved for projects in accord18 ance with title II;

19 (ii) be spent in accordance with title

20 III; or

21 (iii) be returned to the General Treas22 ury in accordance with section 402(b).

23 (2) DISTRIBUTION OF FUNDS.—(A) Funds re24 served by an eligible county under paragraph

25 (1)(B)(i) shall be deposited in a special account in
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1 the Treasury of the United States and shall be avail2 able for expenditure by the Secretary of the Interior,

3 without further appropriation, and shall remain

4 available until expended in accordance with title II.

5 (B) Funds reserved by an eligible county under

6 paragraph (1)(B)(ii) shall be available for expendi7 ture by the county and shall remain available, until

8 expended, in accordance with title III.

9 (3) ELECTION.—An eligible county shall notify

10 the Secretary of the Interior of its election under

11 this subsection not later than September 30 of each

12 fiscal year under subsection (b). If the eligible coun13 ty fails to make an election by that date, the county

14 is deemed to have elected to expend 85 percent of

15 the funds received under subsection (b) in the same

16 manner in which the 50-percent payments are re17 quired to be expended and shall remit the balance to

18 the Treasury of the United States in accordance

19 with section 402(b).

20 TITLE II—SPECIAL PROJECTS

21 ON FEDERAL LANDS

22 SEC. 201. DEFINITIONS.

23 In this title:

24 (1) PARTICIPATING COUNTY.—The term ‘‘par25 ticipating county’’ means an eligible county that—
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1 (A) receives Federal funds pursuant to sec2 tion 102(b)(1) or 103(b)(1); and

3 (B) elects under section 102(d)(1)(B)(i) or

4 103(c)(1)(B)(i) to expend a portion of those

5 funds in accordance with this title.

6 (2) PROJECT FUNDS.—The term ‘‘project

7 funds’’ means all funds an eligible county elects

8 under sections 102(d)(1)(B)(i) and 103(c)(1)(B)(i)

9 to reserve for expenditure in accordance with this

10 title.

11 (3) RESOURCE ADVISORY COMMITTEE.—The

12 term ‘‘resource advisory committee’’ means an advi13 sory committee established by the Secretary con14 cerned under section 205, or determined by the Sec15 retary concerned to meet the requirements of section

16 205.

17 (4) RESOURCE MANAGEMENT PLAN.—The term

18 ‘‘resource management plan’’ means a land use plan

19 prepared by the Bureau of Land Management for

20 units of the Federal lands described in section

21 3(1)(B) pursuant to section 202 of the Federal

22 Land Policy and Management Act of 1976 (43

23 U.S.C. 1712) or a land and resource management

24 plan prepared by the Forest Service for units of the

25 National Forest System pursuant to section 6 of the
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1 Forest and Rangeland Renewable Resources Plan2 ning Act of 1974 (16 U.S.C. 1604).

3 (5) SECRETARY CONCERNED.—The term ‘‘Sec4 retary concerned’’ means the Secretary of the Inte5 rior or his designee with respect to the Federal lands

6 described in section 3(1)(B) and the Secretary of

7 Agriculture or his designee with respect to the Fed8 eral lands described in section 3(1)(A).

9 SEC. 202. GENERAL LIMITATION ON USE OF PROJECT

10 FUNDS.

11 Project funds shall be expended solely on projects

12 that meet the requirements of this title. Project funds may

13 be used by the Secretary concerned for the purpose of en14 tering into and implementing cooperative agreements with

15 willing Federal agencies, State and local governments, pri16 vate and nonprofit entities, and landowners for protection,

17 restoration and enhancement of fish and wildlife habitat,

18 and other resource objectives consistent with the purposes

19 of this title on Federal land and on non-Federal land

20 where projects would benefit these resources on Federal

21 land.

22 SEC. 203. SUBMISSION OF PROJECT PROPOSALS.

23 (a) SUBMISSION OF PROJECT PROPOSALS TO SEC24 RETARY CONCERNED.—
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1 (1) PROJECTS FUNDED USING PROJECT

2 FUNDS.—Not later than September 30 for fiscal

3 year 2001, and each September 30 thereafter for

4 each succeeding fiscal year through fiscal year 2006,

5 each resource advisory committee shall submit to the

6 Secretary concerned a description of any projects

7 that the resource advisory committee proposes the

8 Secretary undertake using any project funds re9 served.

10 (2) PROJECTS FUNDED USING OTHER

11 FUNDS.—A resource advisory committee may submit

12 to the Secretary concerned a description of any

13 projects that the committee proposes the Secretary

14 undertake using funds from State or local govern15 ments, or from the private sector, other than project

16 funds and funds appropriated and otherwise avail17 able to do similar work.

18 (3) JOINT PROJECTS.—Participating counties

19 or other persons may propose to pool project funds

20 or other funds, described in paragraph (2), and

21 jointly propose a project or group of projects to a re22 source advisory committee established under section

23 205.

24 (b) REQUIRED DESCRIPTION OF PROJECTS.—In sub25 mitting proposed projects to the Secretary concerned
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1 under subsection (a), a resource advisory committee shall

2 include in the description of each proposed project the fol3 lowing information:

4 (1) The purpose of the project and a descrip5 tion of how the project will meet the purposes of this

6 Act.

7 (2) The anticipated duration of the project.

8 (3) The anticipated cost of the project.

9 (4) The proposed source of funding for the

10 project, whether project funds or other funds.

11 (5) Expected outcomes, including how the

12 project will meet or exceed desired ecological condi13 tions, maintenance objectives, or stewardship objec14 tives, as well as an estimation of the amount of any

15 timber, forage, and other commodities and other eco16 nomic activity, including jobs generated, if any, an17 ticipated as part of the project.

18 (6) A detailed monitoring plan, including fund19 ing needs and sources, that tracks and identifies the

20 positive or negative impacts of the project, imple21 mentation, and provides for validation monitoring.

22 The monitoring plan shall include an assessment of

23 the following: Whether or not the project met or ex24 ceeded desired ecological conditions; created local

25 employment or training opportunities, including
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1 summer youth jobs programs such as the Youth

2 Conservation Corps where appropriate; and whether

3 the project improved the use of, or added value to,

4 any products removed from lands consistent with the

5 purposes of this Act.

6 (7) An assessment that the project is to be in

7 the public interest.

8 (c) AUTHORIZED PROJECTS.—Projects proposed

9 under subsection (a) shall be consistent with section 2(b).

10 SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY

11 SECRETARY CONCERNED.

12 (a) CONDITIONS FOR APPROVAL OF PROPOSED

13 PROJECT.—The Secretary concerned may make a decision

14 to approve a project submitted by a resource advisory com15 mittee under section 203 only if the proposed project satis16 fies each of the following conditions:

17 (1) The project complies with all applicable

18 Federal laws and regulations.

19 (2) The project is consistent with the applicable

20 resource management plan and with any watershed

21 or subsequent plan developed pursuant to the re22 source management plan and approved by the Sec23 retary concerned.

24 (3) The project has been approved by the re25 source advisory committee in accordance with sec-
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1 tion 205, including the procedures issued under sub2 section (e) of such section.

3 (4) A project description has been submitted by

4 the resource advisory committee to the Secretary

5 concerned in accordance with section 203.

6 (5) The project will improve the maintenance of

7 existing infrastructure, implement stewardship objec8 tives that enhance forest ecosystems, and restore

9 and improve land health and water quality.

10 (b) ENVIRONMENTAL REVIEWS.—

11 (1) PAYMENT OF REVIEW COSTS.—

12 (A) REQUEST FOR PAYMENT BY COUN13 TY.—The Secretary concerned may request the

14 resource advisory committee submitting a pro15 posed project to agree to the use of project

16 funds to pay for any environmental review, con17 sultation, or compliance with applicable environ18 mental laws required in connection with the

19 project. When such a payment is requested and

20 the resource advisory committee agrees to the

21 expenditure of funds for this purpose, the Sec22 retary concerned shall conduct environmental

23 review, consultation, or other compliance re24 sponsibilities in accordance with Federal law

25 and regulations.
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1 (B) EFFECT OF REFUSAL TO PAY.—If a

2 resource advisory committee does not agree to

3 the expenditure of funds under subparagraph

4 (A), the project shall be deemed withdrawn

5 from further consideration by the Secretary

6 concerned pursuant to this title. Such a with7 drawal shall be deemed to be a rejection of the

8 project for purposes of section 207(c).

9 (c) DECISIONS OF SECRETARY CONCERNED.—

10 (1) REJECTION OF PROJECTS.—A decision by

11 the Secretary concerned to reject a proposed project

12 shall be at the Secretary’s sole discretion. Notwith13 standing any other provision of law, a decision by

14 the Secretary concerned to reject a proposed project

15 shall not be subject to administrative appeal or judi16 cial review. Within 30 days after making the rejec17 tion decision, the Secretary concerned shall notify in

18 writing the resource advisory committee that sub19 mitted the proposed project of the rejection and the

20 reasons for rejection.

21 (2) NOTICE OF PROJECT APPROVAL.—The Sec22 retary concerned shall publish in the Federal Reg23 ister notice of each project approved under sub24 section (a) if such notice would be required had the

25 project originated with the Secretary.
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1 (d) SOURCE AND CONDUCT OF PROJECT.—Once the

2 Secretary concerned accepts a project for review under

3 section 203, it shall be deemed a Federal action for all

4 purposes.

5 (e) IMPLEMENTATION OF APPROVED PROJECTS.—

6 (1) COOPERATION.—Notwithstanding chapter

7 63 of title 31, United States Code, using project

8 funds the Secretary concerned may enter into con9 tracts, grants, and cooperative agreements with

10 States and local governments, private and nonprofit

11 entities, and landowners and other persons to assist

12 the Secretary in carrying out an approved project.

13 (2) BEST VALUE CONTRACTING.—For any

14 project involving a contract authorized by paragraph

15 (1) the Secretary concerned may elect a source for

16 performance of the contract on a best value basis.

17 The Secretary concerned shall determine best value

18 based on such factors as:

19 (A) The technical demands and complexity

20 of the work to be done.

21 (B) The ecological objectives of the project

22 and the sensitivity of the resources being treat23 ed.

24 (C) The past experience by the contractor

25 with the type of work being done, using the
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1 type of equipment proposed for the project, and

2 meeting or exceeding desired ecological condi3 tions.

4 (D) The commitment of the contractor to

5 hiring highly qualified workers and local resi6 dents.

7 (3) MERCHANTABLE MATERIALS SALES CON8 TRACTING PILOT PROJECTS.

9 (A) ESTABLISHMENT.—The Secretary con10 cerned shall establish a pilot program regarding

11 the sale of merchantable material under this

12 title. Such a program shall ensure that, on an

13 annual basis, no less than 75 percent of all

14 projects involving merchantable material shall

15 be implemented using separate contracts for—

16 (i) the harvesting or collection of mer17 chantable material; and

18 (ii) the sale of such material.

19 (B) DURATION AND EXTENT.—(i) The

20 Secretary concerned shall ensure that, on an

21 annual basis beginning in fiscal year 2001, no

22 less than 75 percent of projects involving mer23 chantable material shall be included in the pilot

24 program.
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1 (ii) Not later than September 30, 2003,

2 the General Accounting Office (GAO) shall sub3 mit a report to the Senate Energy and Natural

4 Resources Committee, the House of Represent5 atives Agriculture Committee and the House of

6 Representatives Resources Committee assessing

7 the pilot program.

8 (iii) If the GAO determines that the pilot

9 program is ineffective at that time, then the

10 Secretary concerned shall ensure that, on an

11 annual basis beginning in fiscal year 2004, no

12 less than 50 percent of projects involving mer13 chantable material shall be implemented using

14 separate contracts.

15 (f) REQUIREMENTS FOR PROJECT FUNDS.—The Sec16 retary shall ensure that at least 50 percent of all project

17 funds be used for projects that are primarily dedicated to

18 the following purposes—

19 (1) road maintenance, decommissioning or ob20 literation; and

21 (2) restoration of streams and watersheds.

22 SEC. 205. RESOURCE ADVISORY COMMITTEES.

23 (a) ESTABLISHMENT AND PURPOSE OF RESOURCE

24 ADVISORY COMMITTEES.—
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1 (1) ESTABLISHMENT.—The Secretary con2 cerned shall establish and maintain resource advi3 sory committees to perform the duties in subsection

4 (b), except as provided in paragraph (4).

5 (2) PURPOSE.—The purpose of a resource advi6 sory committee shall be to improve collaborative re7 lationships and to provide advice and recommenda8 tions to the land management agencies consistent

9 with the purposes of this Act.

10 (3) ACCESS TO RESOURCE ADVISORY COMMIT11 TEES.—To ensure that each unit of Federal land

12 has access to a resource advisory committee, and

13 that there is sufficient interest in participation on a

14 committee to ensure that membership can be bal15 anced in terms of the points of view represented and

16 the functions to be performed, the Secretary con17 cerned may, establish resource advisory committees

18 for part of, or one or more, units of Federal lands.

19 (4) EXISTING ADVISORY COMMITTEES.—Exist20 ing advisory committees meeting the requirements of

21 this section may be deemed by the Secretary con22 cerned, as a resource advisory committee for the

23 purposes of this title. The Secretary of the Interior

24 may deem a resource advisory committee meeting

25 the requirements of part 1780, subpart 1784 of title
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1 43, Code of Federal Regulations, as a resource advi2 sory committee for the purposes of this title.

3 (b) DUTIES.—A resource advisory committee shall—

4 (1) review projects proposed under this title and

5 under title III by participating counties and other

6 persons;

7 (2) propose projects and funding to the Sec8 retary concerned under section 203 and to the par9 ticipating county under title III;

10 (3) provide early and continuous coordination

11 with appropriate land management agency officials

12 in recommending projects consistent with purposes

13 of this Act under this title and title III; and

14 (4) provide frequent opportunities for citizens,

15 organizations, tribes, land management agencies,

16 and other interested parties to participate openly

17 and meaningfully, beginning at the early stages of

18 the project development process under this title and

19 title III.

20 (c) APPOINTMENT BY THE SECRETARY.—

21 (1) APPOINTMENT AND TERM.—The Secretary

22 concerned, shall appoint the members of resource

23 advisory committees for a term of 3 years beginning

24 on the date of appointment. The Secretary con-
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1 cerned may reappoint members to subsequent 3-year

2 terms.

3 (2) BASIC REQUIREMENTS.—The Secretary

4 concerned shall ensure that each resource advisory

5 committee established meets the requirements of

6 subsection (d).

7 (3) INITIAL APPOINTMENT.—The Secretary

8 concerned shall make initial appointments to the re9 source advisory committees not later than 180 days

10 after the date of the enactment of this Act.

11 (4) VACANCIES.—The Secretary concerned shall

12 make appointments to fill vacancies on any resource

13 advisory committee as soon as practicable after the

14 vacancy has occurred.

15 (5) COMPENSATION.—Members of the resource

16 advisory committees shall not receive any compensa17 tion.

18 (d) COMPOSITION OF ADVISORY COMMITTEE.—

19 (1) NUMBER.—Each resource advisory com20 mittee shall be comprised of 15 members.

21 (2) COMMUNITY INTERESTS REPRESENTED.—

22 Committee members shall be representative of the

23 interests of the following three categories:

24 (A) 5 persons who—

25 (i) represent organized labor;
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1 (ii) represent developed outdoor recre2 ation, off highway vehicle users, or com3 mercial recreation activities;

4 (iii) represent energy and mineral de5 velopment interests;

6 (iv) represent the commercial timber

7 industry; or

8 (v) hold Federal grazing permits, or

9 other land use permits within the area for

10 which the committee is organized.

11 (B) 5 persons representing—

12 (i) nationally recognized environ13 mental organizations;

14 (ii) regionally or locally recognized en15 vironmental organizations;

16 (iii) dispersed recreational activities;

17 (iv) archeological and historical inter18 ests; or

19 (v) nationally or regionally recognized

20 wild horse and burro interest groups.

21 (C) 5 persons who—

22 (i) hold State elected office or their

23 designee;

24 (ii) hold county or local elected office;
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1 (iii) represent American Indian tribes

2 within or adjacent to the area for which

3 the committee is organized;

4 (iv) are school officials or teachers; or

5 (v) represent the affected public at

6 large.

7 (3) BALANCED REPRESENTATION.—In appoint8 ing committee members from the three categories in

9 paragraph (2), the Secretary concerned shall provide

10 for balanced and broad representation from within

11 each category.

12 (4) GEOGRAPHIC DISTRIBUTION.—The mem13 bers of a resource advisory committee shall reside

14 within the State in which the committee has geo15 graphic jurisdiction.

16 (5) CHAIRPERSON.—A majority on each re17 source advisory committee shall select the chair18 person of the committee.

19 (e) APPROVAL PROCEDURES.—(1) Subject to para20 graph (2), each resource advisory committee shall estab21 lish procedures for proposing projects to the Secretary

22 concerned under this title and the participating county

23 under title III. A quorum must be present to constitute

24 an official meeting of the committee.
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1 (2) A project may be proposed by a resource advisory

2 committee to the Secretary concerned under section

3 203(a), or to the participating county under section 302,

4 if it has been approved by a majority of members of the

5 committee from each of the three categories in subsection

6 (d)(2).

7 (f) OTHER COMMITTEE AUTHORITIES AND REQUIRE8 MENTS.—

9 (1) STAFF ASSISTANCE.—A resource advisory

10 committee may submit to the Secretary concerned a

11 request for periodic staff assistance from Federal

12 employees under the jurisdiction of the Secretary.

13 (2) MEETINGS.—All meetings of a resource ad14 visory committee shall be announced at least one

15 week in advance in a local newspaper of record and

16 shall be open to the public.

17 (3) RECORDS.—A resource advisory committee

18 shall maintain records of the meetings of the com19 mittee and make the records available for public in20 spection.

21 SEC. 206. USE OF PROJECT FUNDS.

22 (a) AGREEMENT REGARDING SCHEDULE AND COST

23 OF PROJECT.—

24 (1) AGREEMENT BETWEEN PARTIES.—The Sec25 retary concerned may carry out a project submitted
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1 by a resource advisory committee under section

2 203(a) using project funds or other funds described

3 in section 203(a)(2), if, as soon as practicable after

4 the issuance of a decision document for the project

5 and the exhaustion of all administrative appeals and

6 judicial review of the project decision, the Secretary

7 concerned and the resource advisory committee enter

8 into an agreement addressing, at a minimum, the

9 following:

10 (A) The schedule for completing the

11 project.

12 (B) The total cost of the project, including

13 the level of agency overhead to be assessed

14 against the project.

15 (C) For a multiyear project, the estimated

16 cost of the project for each of the fiscal years

17 in which it will be carried out.

18 (D) The remedies for failure of the Sec19 retary concerned to comply with the terms of

20 the agreement consistent with current Federal

21 law.

22 (2) LIMITED USE OF FEDERAL FUNDS.—The

23 Secretary concerned may decide, at the Secretary’s

24 sole discretion, to cover the costs of a portion of an

25 approved project using Federal funds appropriated
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1 or otherwise available to the Secretary for the same

2 purposes as the project.

3 (b) TRANSFER OF PROJECT FUNDS.—

4 (1) INITIAL TRANSFER REQUIRED.—As soon as

5 practicable after the agreement is reached under

6 subsection (a) with regard to a project to be funded

7 in whole or in part using project funds, or other

8 funds described in section 203(a)(2), the Secretary

9 concerned shall transfer to the applicable unit of Na10 tional Forest System lands or BLM District an

11 amount of project funds equal to—

12 (A) in the case of a project to be completed

13 in a single fiscal year, the total amount speci14 fied in the agreement to be paid using project

15 funds, or other funds described in section

16 203(a)(2); or

17 (B) in the case of a multiyear project, the

18 amount specified in the agreement to be paid

19 using project funds, or other funds described in

20 section 203(a)(2) for the first fiscal year.

21 (2) CONDITION ON PROJECT COMMENCE22 MENT.—The unit of National Forest System lands

23 or BLM District concerned, shall not commence a

24 project until the project funds, or other funds de25 scribed in section 203(a)(2) required to be trans-
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1 ferred under paragraph (1) for the project, have

2 been made available by the Secretary concerned.

3 (3) SUBSEQUENT TRANSFERS FOR MULTIYEAR

4 PROJECTS.—For the second and subsequent fiscal

5 years of a multiyear project to be funded in whole

6 or in part using project funds, the unit of National

7 Forest System lands or BLM District concerned

8 shall use the amount of project funds required to

9 continue the project in that fiscal year according to

10 the agreement entered into under subsection (a).

11 The Secretary concerned shall suspend work on the

12 project if the project funds required by the agree13 ment in the second and subsequent fiscal years are

14 not available.

15 SEC. 207. AVAILABILITY OF PROJECT FUNDS.

16 (a) SUBMISSION OF PROPOSED PROJECTS TO OBLI17 GATE FUNDS.—By September 30 of each fiscal year

18 through fiscal year 2006, a resource advisory committee

19 shall submit to the Secretary concerned pursuant to sec20 tion 203(a)(1) a sufficient number of project proposals

21 that, if approved, would result in the obligation of at least

22 the full amount of the project funds reserved by the par23 ticipating county in the preceding fiscal year.

24 (b) USE OR TRANSFER OF UNOBLIGATED FUNDS.—

25 Subject to section 209, if a resource advisory committee
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1 fails to comply with subsection (a) for a fiscal year, any

2 project funds reserved by the participating county in the

3 preceding fiscal year and remaining unobligated shall be

4 available for use as part of the project submissions in the

5 next fiscal year.

6 (c) EFFECT OF REJECTION OF PROJECTS.—Subject

7 to section 209, any project funds reserved by a partici8 pating county in the preceding fiscal year that are unobli9 gated at the end of a fiscal year because the Secretary

10 concerned has rejected one or more proposed projects shall

11 be available for use as part of the project submissions in

12 the next fiscal year.

13 (d) EFFECT OF COURT ORDERS.—If an approved

14 project under this Act is enjoined or prohibited by a Fed15 eral court, the Secretary concerned shall use unobligated

16 project funds related to that project in the participating

17 county or counties that reserved the funds. The returned

18 funds shall be available for the county to expend in the

19 same manner as the funds reserved by the county under

20 section 102(d)(1)(B) or 103(c)(1)(B), whichever applies

21 to the funds involved.

22 SEC. 208. ALLOCATION OF PROCEEDS.

23 The proceeds from any joint project under section

24 203(a)(3) using both Federal and non-Federal funds shall

25 be equitably divided between the Treasury of the United
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1 States and the non-Federal funding source in direct pro2 portion to the contribution of funds to the overall cost of

3 the project.

4 SEC. 209. TERMINATION OF AUTHORITY.

5 The authority to initiate projects under this title shall

6 terminate on September 30, 2006. Any project funds not

7 obligated by September 30, 2007, shall be deposited in the

8 Treasury of the United States.

9 TITLE III—COUNTY PROJECTS

10 SEC. 301. DEFINITIONS.

11 In this title:

12 (1) PARTICIPATING COUNTY.—The term ‘‘par13 ticipating county’’ means an eligible county that—

14 (A) receives Federal funds pursuant to sec15 tion 102(b)(1) or 103(b)(1); and

16 (B) elects under section 102(d)(1)(B)(ii)

17 or 103(c)(1)(B)(ii) to expend a portion of those

18 funds in accordance with this title.

19 (2) COUNTY FUNDS.—The term ‘‘county funds’’

20 means all funds an eligible county elects under sec21 tions 102(d)(1)(B)(ii) and 103(c)(1)(B)(ii) to re22 serve for expenditure in accordance with this title.

23 SEC. 302. USE OF COUNTY FUNDS.

24 (a) LIMITATION OF COUNTY FUND USE.—County

25 funds shall be expended solely on projects that meet the
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1 requirements of this title and section 205 of this Act; ex2 cept that: The projects shall be approved by the partici3 pating county rather than the Secretary concerned.

4 (b) AUTHORIZED USES.—

5 (1) SEARCH, RESCUE, AND EMERGENCY SERV6 ICES.—An eligible county or applicable sheriff’s de7 partment may use these funds as reimbursement for

8 search and rescue and other emergency services, in9 cluding fire fighting, performed on Federal lands

10 and paid for by the county.

11 (2) COMMUNITY SERVICE WORK CAMPS.—An el12 igible county may use these funds as reimbursement

13 for all or part of the costs incurred by the county

14 to pay the salaries and benefits of county employees

15 who supervise adults or juveniles performing manda16 tory community service on Federal lands.

17 (3) EASEMENT PURCHASES.—An eligible county

18 may use these funds to acquire—

19 (A) easements, on a willing seller basis, to

20 provide for nonmotorized access to public lands

21 for hunting, fishing, and other recreational pur22 poses;

23 (B) conservation easements; or

24 (C) both.
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1 (4) FOREST RELATED EDUCATIONAL OPPORTU2 NITIES.—A county may use these funds to establish

3 and conduct forest-related after school programs.

4 (5) FIRE PREVENTION AND COUNTY PLAN5 NING.—A county may use these funds for—

6 (A) efforts to educate homeowners in fire7 sensitive ecosystems about the consequences of

8 wildfires and techniques in home siting, home

9 construction, and home landscaping that can in10 crease the protection of people and property

11 from wildfires; and

12 (B) planning efforts to reduce or mitigate

13 the impact of development on adjacent Federal

14 lands and to increase the protection of people

15 and property from wildfires.

16 (6) COMMUNITY FORESTRY.—A county may use

17 these funds towards non-Federal cost-share provi18 sions of section 9 of the Cooperative Forestry Assist19 ance Act (Public Law 95–313).

20 SEC. 303. TERMINATION OF AUTHORITY.

21 The authority to initiate projects under this title shall

22 terminate on September 30, 2006. Any county funds not

23 obligated by September 30, 2007 shall be available to be

24 expended by the county for the uses identified in section

25 302(b).
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1 TITLE IV—MISCELLANEOUS

2 PROVISIONS

3 SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

4 There are hereby authorized to be appropriated such

5 sums as may be necessary to carry out this Act for fiscal

6 years 2001 through 2006.

7 SEC. 402. TREATMENT OF FUNDS AND REVENUES.

8 (a) Funds appropriated pursuant to the authorization

9 of appropriations in section 401 and funds made available

10 to a Secretary concerned under section 206 shall be in

11 addition to any other annual appropriations for the Forest

12 Service and the Bureau of Land Management.

13 (b) All revenues generated from projects pursuant to

14 title II, any funds remitted by counties pursuant to section

15 102(d)(1)(B) or section 103(c)(1)(B), and any interest ac16 crued from such funds shall be deposited in the Treasury

17 of the United States.

18 SEC. 403. REGULATIONS.

19 The Secretaries concerned may jointly issue regula20 tions to carry out the purposes of this Act.

21 SEC. 404. CONFORMING AMENDMENTS.

22 Sections 13982 and 13983 of the Omnibus Budget

23 Reconciliation Act of 1993 (Public Law 103–66; 16

24 U.S.C. 500 note; 43 U.S.C. 1181f note) are repealed.
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1 TITLE V—THE MINERAL REV2 ENUE PAYMENTS CLARIFICA3 TION ACT OF 2000

4 SEC. 501. SHORT TITLE.

5 This title may be cited as the ‘‘Mineral Revenue Pay6 ments Clarification Act of 2000’’.

7 SEC. 502. FINDINGS.

8 The Congress finds the following:

9 (1) Subtitle C of title X of the Omnibus Budget

10 Reconciliation Act of 1993 (Public Law 103–66)

11 changed the sharing of onshore mineral revenues

12 and revenues from geothermal steam from a 50:50

13 split between the Federal Government and the

14 States to a complicated formula that entailed de15 ducting from the State share of leasing revenues ‘‘50

16 percent of the portion of the enacted appropriations

17 of the Department of the Interior and any other

18 agency during the preceding fiscal year allocable to

19 the administration of all laws providing for the leas20 ing of any onshore lands or interest in land owned

21 by the United States for the production of the same

22 types of minerals leasable under this Act or of geo23 thermal steam, and to enforcement of such

24 laws . . .’’.
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1 (2) There is no legislative record to suggest a

2 sound public policy rationale for deducting prior3 year administrative expenses from the sharing of

4 current-year receipts, indicating that this change

5 was made primarily for budget scoring reasons.

6 (3) The system put in place by this change in

7 law has proved difficult to administer and has given

8 rise to disputes between the Federal Government

9 and the States as to the nature of allocable ex10 penses. Federal accounting systems have proven to

11 be poorly suited to breaking down administrative

12 costs in the manner required by the law. Different

13 Federal agencies implementing this law have used

14 varying methodologies to identify allocable costs, re15 sulting in an inequitable distribution of costs during

16 fiscal years 1994 through 1996. In November 1997,

17 the Inspector General of the Department of the In18 terior found that ‘‘the congressionally approved

19 method for cost sharing deductions effective in fiscal

20 year 1997 may not accurately compute the deduc21 tions’’.

22 (4) Given the lack of a substantive rationale for

23 the 1993 change in law and the complexity and ad24 ministrative burden involved, a return to the sharing
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1 formula prior to the enactment of the Omnibus

2 Budget Reconciliation Act of 1993 is justified.

3 SEC. 503. AMENDMENT OF THE MINERAL LEASING ACT.

4 Section 35(b) of the Mineral Leasing Act (30 U.S.C.

5 sec. 191(b)) is amended to read as follows: ‘‘(b) In deter6 mining the amount of payments to the States under this

7 section, the amount of such payments shall not be reduced

8 by any administrative or other costs incurred by the

9 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 containingNational Forest System lands and public domainlands managed by the Bureau of Land Management for the benefit of public schools and roadsand to enhance the health, diversity and productivity of Federal lands.