IIB
106TH CONGRESS
1ST SESSION
H. R. 2389
IN THE SENATE OF THE UNITED STATES
NOVEMBER 4, 1999
Received
NOVEMBER 19, 1999
Read twice and referred to the Committee on Energy and Natural Resources
AN ACT
To restore 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 use by the counties
for the benefit of public schools, roads, and other pur-
poses.
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Be it enacted by the Senate and House of Representa-
tives 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-Determina-
tion Act of 1999’’.
(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.
TITLE I—SECURE PAYMENTS FOR STATES AND COUNTIES
CONTAINING FEDERAL LANDS
Sec. 101. Determination of full payment amount for eligible States and coun-
ties.
Sec. 102. Payments to States from 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—LOCALLY INITIATED PROJECTS ON FEDERAL LANDS
Sec. 201. Definitions.
Sec. 202. General limitation on use of project funds.
Sec. 203. Submission of project proposals by participating counties.
Sec. 204. Evaluation and approval of projects by Secretary concerned.
Sec. 205. Local advisory committees.
Sec. 206. Use of project funds.
Sec. 207. Duration of availability of a county’s project funds.
Sec. 208. Treatment of funds generated by locally initiated projects.
TITLE III—FOREST COUNTIES PAYMENTS COMMITTEE
Sec. 301. Definitions.
Sec. 302. National advisory committee to develop long-term methods to meet
statutory obligation of Federal lands to contribute to public
education and other public services.
Sec. 303. Functions of Advisory Committee.
Sec. 304. Federal Advisory Committee Act requirements.
Sec. 305. Termination of Advisory Committee.
Sec. 306. Sense of the Congress regarding Advisory Committee recommenda-
tions.
TITLE IV—MISCELLANEOUS PROVISIONS
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Sec. 401. Authorization of appropriations.
Sec. 402. Treatment of funds and revenues.
Sec. 403. Conforming amendments.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds the following:
(1) The National Forest System, which is man-
aged by the United States Forest Service, was estab-
lished in 1907 and has grown to include approxi-
mately 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 owner-
ship in 1916 and 1919 and now comprise approxi-
mately 2,600,000 acres of Federal lands.
(3) Congress recognized that, by its decision to
secure these lands in Federal ownership, the coun-
ties in which these lands are situated would be de-
prived of revenues they would otherwise receive if
the lands were held in private ownership.
(4) Even without such revenues, these same
counties have expended public funds year after year
to provide services, such as education, road construc-
tion and maintenance, search and rescue, law en-
forcement, waste removal, and fire protection, that
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directly benefit these Federal lands and people who
use these lands.
(5) To accord a measure of compensation to the
affected counties for their loss of future revenues
and 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 Fed-
eral 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 50 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.
(8) For several decades during the dramatic
growth of the American economy, counties depend-
ent on and supportive of these Federal lands re-
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ceived and relied on increasing shares of these reve-
nues to provide educational opportunities for the
children of residents of these counties.
(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 de-
creased precipitously, so too have the revenues
shared with the affected counties.
(10) This decline in shared revenues has se-
verely impacted or crippled educational funding in,
and the quality of education provided by, the af-
fected counties.
(11) In the Omnibus Budget Reconciliation Act
of 1993, Congress recognized this trend and amelio-
rated its adverse consequences by providing an alter-
native 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 author-
ity has been granted for alternative payments to
counties elsewhere in the United States that have
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suffered similar losses in shared revenues from the
Federal lands and in the educational funding those
revenues provide.
(13) Although alternative payments are not an
adequate substitute for the revenues, wages, pur-
chasing of local goods and services, and social oppor-
tunities that are generated when the Federal lands
are managed in a manner that encourages revenue-
producing activities, such alternative payments are
critically needed now to stabilize educational funding
in the affected counties.
(14) Changes in Federal land management, in
addition to having curtailed timber sales, have al-
tered the historic, cooperative relationship between
counties and the Forest Service and the Bureau of
Land Management.
(15) Both the Forest Service and the Bureau of
Land Management face significant backlogs in infra-
structure maintenance and ecosystem restoration
that are not likely to be addressed through annual
appropriations.
(16) New relationships between the counties in
which these Federal lands are located and the man-
agers of these Federal lands need to be formed to
benefit both the natural resources and rural commu-
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nities of the United States as the 21st century be-
gins.
(b) PURPOSES.—The purposes of this Act are—
(1) to provide Federal funds to county govern-
ments that are dependent on and supportive of the
Federal lands so as to assist such counties in restor-
ing funding for education and other public services
that the counties must provide to county residents
and visitors;
(2) to provide these funds on a temporary basis
in a form that is environmentally sound and con-
sistent with applicable resource management plans;
(3) to facilitate the development, by the Federal
Government and the counties which benefit from the
shared revenues from the Federal lands, of a new
cooperative relationship in Federal land management
and the development of local consensus in imple-
menting applicable plans for the Federal lands;
(4) to identify and implement projects on the
Federal lands that enjoy broad-based local support;
and
(5) to make additional investments in infra-
structure maintenance and ecosystem restoration on
Federal lands.
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SEC. 3. DEFINITIONS.
In this Act:
(1) FEDERAL
LANDS.—The term ‘‘Federal
lands’’ means—
(A) lands within the National Forest Sys-
tem, as defined in section 11(a) of the Forest
and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1609(a)); and
(B) the Oregon and California Railroad
grant lands revested in the United States by
the Act of June 9, 1916 (chapter 137; 39 Stat.
218), Coos Bay Wagon Road grant lands recon-
veyed to the United States by the Act of Feb-
ruary 26, 1919 (chapter 47; 40 Stat. 1179),
and subsequent additions to such lands.
(2) ELIGIBILITY PERIOD.—The term ‘‘eligibility
period’’ means fiscal year 1984 through fiscal year
1999.
(3) ELIGIBLE
COUNTY.—The term ‘‘eligible
county’’ means a county or borough that received
50-percent payments for one or more fiscal years of
the eligibility period or a county or borough that re-
ceived a portion of an eligible State’s 25-percent
payments for one or more fiscal years of the eligi-
bility period. The term includes a county or borough
established after the date of the enactment of this
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Act so long as the county or borough includes all or
a portion of a county or borough described in the
preceding sentence.
(4) ELIGIBLE
STATE.—The term ‘‘eligible
State’’ means a State that received 25-percent pay-
ments 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 (35 Stat. 260; 16 U.S.C. 500), and section 13
of the Act of March 1, 1911 (36 Stat. 963; 16
U.S.C. 500).
(7) 50-PERCENT
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
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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 payments 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).
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.—The Secretary of the
Treasury shall calculate for each eligible State an
amount equal to the average of the three highest 25-
percent payments and safety net payments made to
that eligible State for fiscal years of the eligibility
period.
(2) BLM COUNTIES.—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
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highest 50-percent payments and safety net pay-
ments made to that eligible county for 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 in effect
for the previous fiscal year for each eligible State and eligi-
ble county to reflect changes in the consumer price index
for rural areas (as published in the Bureau of Labor Sta-
tistics) that occur after publication of that index for fiscal
year 1999.
SEC. 102. PAYMENTS TO STATES FROM FOREST SERVICE
LANDS FOR USE BY COUNTIES TO BENEFIT
PUBLIC EDUCATION AND TRANSPORTATION.
(a) REQUIREMENT
FOR PAYMENTS
TO ELIGIBLE
STATES.—The Secretary of the Treasury shall make to
each eligible State a payment in accordance with sub-
section (b) for each of fiscal years 2000 through 2006.
The payment for a fiscal year shall be made as soon as
practicable after the end of that fiscal year.
(b) PAYMENT AMOUNTS.—The payment to an eligible
State under subsection (a) for a fiscal year shall consist
of the following:
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(1) The 25-percent payments and safety net
payments under section 13982 of the Omnibus
Budget Reconciliation Act of 1993 (Public Law
103–66; 16 U.S.C. 500 note) applicable to that
State for that fiscal year.
(2) If the amount under paragraph (1) is less
than the full payment amount in effect for that
State for that fiscal year, such additional funds as
may be appropriated to provide a total payment not
to exceed the full payment amount, but only to the
extent such additional funds are provided in advance
as discretionary appropriations included in appro-
priation Acts.
(c) DISTRIBUTION
AND EXPENDITURE
OF PAY-
MENTS.—
(1) DISTRIBUTION METHOD.—An eligible State
that receives a payment under subsection (a) shall
distribute the payment among all eligible counties in
the State, with each eligible county receiving the
same percentage of that payment as the percentage
of the State’s total 25-percent payments and safety
net payments under section 13982 of the Omnibus
Budget Reconciliation Act of 1993 (Public Law
103–66; 16 U.S.C. 500 note) that were distributed
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to that county for fiscal years of the eligibility pe-
riod.
(2) EXPENDITURE PURPOSES.—Subject to sub-
section (d), payments received by eligible States
under subsection (a) and distributed to eligible coun-
ties shall be expended in the same manner in which
25-percent payments are required to be expended.
(d) EXPENDITURE RULES
FOR ELIGIBLE COUN-
TIES.—
(1) GENERAL RULE.—In the case of an eligible
county to which $100,000 or more is distributed in
a fiscal year pursuant to subsection (c)—
(A) 80 percent of the funds distributed to
the eligible county shall be expended in the
same manner in which the 25-percent payments
are required to be expended; and
(B) 20 percent of the funds distributed to
the eligible county shall be reserved and ex-
pended by the eligible county in accordance
with title II.
(2) COUNTIES WITH MINOR DISTRIBUTIONS.—
In the case of each eligible county to which less than
$100,000 is distributed for fiscal year 2000 pursu-
ant to subsection (c), the eligible county shall make
an election whether or not to be subject to the re-
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quirements of paragraph (1) for that fiscal year and
all subsequent fiscal years for which payments are
made under subsection (a). The county shall notify
the Secretary of Agriculture of its election under
this subsection not later than 60 days after the
county receives its distribution for fiscal year 2000.
SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU OF LAND
MANAGEMENT LANDS FOR USE TO BENEFIT
PUBLIC SAFETY, LAW ENFORCEMENT, EDU-
CATION, AND OTHER PUBLIC PURPOSES.
(a) REQUIREMENT
FOR PAYMENTS
TO ELIGIBLE
COUNTIES.—The Secretary of the Treasury shall make to
each eligible county that received a 50-percent payment
during the eligibility period a payment in accordance with
subsection (b) for each of fiscal years 2000 through 2006.
The payment for a fiscal year shall be made as soon as
practicable after the end of that fiscal year.
(b) PAYMENT AMOUNTS.—The payment to an eligible
county under subsection (a) for a fiscal year shall consist
of the following:
(1) The 50-percent payments and safety net
payments under section 13983 of the Omnibus
Budget Reconciliation Act of 1993 (Public Law
103–66; 43 U.S.C. 1181f note) applicable to that
county for that fiscal year.
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(2) If the amount under paragraph (1) is less
than the full payment amount in effect for that
county for that fiscal year, such additional funds as
may be appropriated to provide a total payment not
to exceed the full payment amount, but only to the
extent such additional funds are provided in advance
as discretionary appropriations included in appro-
priation Acts.
(c) EXPENDITURE OF PAYMENTS.—Subject to sub-
section (d), payments received by eligible counties under
subsection (a) shall be expended in the same manner in
which 50-percent payments are required to be expended.
(d) EXPENDITURE RULES
FOR ELIGIBLE COUN-
TIES.—In the case of an eligible county to which a pay-
ment is made in a fiscal year pursuant to subsection (a)—
(1) 80 percent of the payment to the eligible
county shall be expended in the same manner in
which the 50-percent payments are required to be
expended; and
(2) 20 percent of the payment to the eligible
county shall be reserved and expended by the eligible
county in accordance with title II.
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TITLE II—LOCALLY INITIATED
PROJECTS ON FEDERAL LANDS
SEC. 201. DEFINITIONS.
In this title:
(1) PARTICIPATING COUNTY.—The term ‘‘par-
ticipating county’’ means an eligible county that—
(A) receives Federal funds pursuant to sec-
tion 102 or 103; and
(B) is required to expend a portion of
those funds in the manner provided in section
102(d)(1)(B) or 103(d)(2) or elects under sec-
tion 102(d)(2) to expend a portion of those
funds in accordance with section 102(d)(1)(B).
(2) PROJECT
FUNDS.—The term ‘‘project
funds’’ means all funds reserved by an eligible coun-
ty under section 102(d)(1)(B) or 103(d)(2) for ex-
penditure in accordance with this title and all funds
that an eligible county elects under section
102(d)(2) to reserve under section 102(d)(1)(B).
(3) LOCAL ADVISORY COMMITTEE.—The term
‘‘local advisory committee’’ means an advisory com-
mittee established by the Secretary concerned under
section 205.
(4) RESOURCE MANAGEMENT PLAN.—The term
‘‘resource management plan’’ means a land use plan
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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) and land and resource management
plans prepared by the Forest Service for units of the
National Forest System pursuant to section 6 of the
Forest and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1604).
(5) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ means the Secretary of the Inte-
rior with respect to the Federal lands described in
section 3(1)(B) and the Secretary of Agriculture
with respect to the Federal lands described in sec-
tion 3(1)(A).
(6) SPECIAL ACCOUNT.—The term ‘‘special ac-
count’’ means an account in the Treasury estab-
lished under section 208(c) for each region of the
Forest Service, and for the Bureau of Land Manage-
ment.
SEC. 202. GENERAL LIMITATION ON USE OF PROJECT
FUNDS.
Project funds shall be expended solely on projects
that meet the requirements of this title and are conducted
on the Federal lands.
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cerned under paragraph (1). Participating counties
may also jointly propose a project or group of
projects to the Secretary concerned under paragraph
(2).
(b) REQUIRED DESCRIPTION OF PROJECTS.—In sub-
mitting proposed projects to the Secretary concerned
under subsection (a), a participating county shall include
in the description of each proposed project the following
information:
(1) The purpose of the project.
(2) An estimation of the amount of any timber,
forage, and other commodities anticipated to be har-
vested or generated as part of the project.
(3) The anticipated duration of the project.
(4) The anticipated cost of the project.
(5) The proposed source of funding for the
project, whether project funds, funds from the ap-
propriate special account, or both.
(6) The anticipated revenue, if any, to be gen-
erated by the project.
(c) ROLE OF LOCAL ADVISORY COMMITTEE.—A par-
ticipating county may propose a project to the Secretary
concerned under subsection (a) only if the project has been
reviewed and approved by the relevant local advisory com-
mittee in accordance with the requirements of section 205,
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including the procedures issued under subsection (d) of
such section.
(d) AUTHORIZED PROJECTS.—
(1) IN
GENERAL.—Projects proposed under
subsection (a) shall consist of any type of project or
activity that the Secretary concerned may otherwise
carry out on the Federal lands.
(2) SEARCH, RESCUE, AND EMERGENCY SERV-
ICES.—Notwithstanding paragraph (1), a partici-
pating county may submit as a proposed project
under subsection (a) a proposal that the county re-
ceive reimbursement for search and rescue and other
emergency services performed on Federal lands and
paid for by the county. The source of funding for an
approved project of this type may only be the special
account for the region in which the county is located
or, in the case of a county that receives 50-percent
payments, the special account for the Bureau of
Land Management.
(3) COMMUNITY SERVICE WORK CAMPS.—Not-
withstanding paragraph (1), a participating county
may submit as a proposed project under subsection
(a) a proposal that the county receive reimburse-
ment for all or part of the costs incurred by the
county to pay the salaries and benefits of county em-
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ployees who supervise adults or juveniles performing
mandatory community service on Federal lands.
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 participating county
under section 203 only if the proposed project satisfies
each of the following conditions:
(1) The project complies with all Federal laws
and all Federal rules, regulations, and policies.
(2) The project is consistent with the applicable
resource management plan and with any watershed
or subsequent plan developed pursuant to the re-
source management plan and approved by the Sec-
retary concerned.
(3) The project has been approved by the rel-
evant local advisory committee in accordance with
section 205, including the procedures issued under
subsection (d) of such section.
(4) The project has been described by the par-
ticipating county in accordance with section 203(b).
(b) ENVIRONMENTAL REVIEWS.—
(1) REVIEW REQUIRED.—Before making a deci-
sion to approve a proposed project under subsection
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(a), the Secretary concerned shall complete any envi-
ronmental review required by the National Environ-
mental Policy Act of 1969 (42 U.S.C. 321 et seq.)
in connection with the project and any consultation
and biological assessment required by the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et seq.)
in connection with the project.
(2) TREATMENT OF REVIEW.—Decisions of the
Secretary concerned related to an environmental re-
view or consultation conducted under paragraph (1)
shall not be subject to administrative appeal or judi-
cial review unless and until the Secretary approves
the project under subsection (a) for which the review
or consultation was conducted.
(3) PAYMENT OF REVIEW COSTS.—
(A) REQUEST
FOR
PAYMENT
BY
COUN-
TY.—The Secretary concerned may request the
participating county or counties submitting a
proposed project to use project funds to pay for
any environmental review or consultation re-
quired under paragraph (1) in connection with
the project. When such a payment is requested,
the Secretary concerned shall not begin the en-
vironmental review or consultation until and
unless the payment is received.
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(B) EFFECT OF REFUSAL TO PAY.—If a
participating county refuses to make the re-
quested payment under subparagraph (A) in
connection with a proposed project, the partici-
pating county shall withdraw the submission of
the project from further consideration by the
Secretary concerned. Such a withdrawal shall
be deemed to be a rejection of the project for
purposes of section 207(d).
(c) 
TIME
PERIODS
FOR
CONSIDERATION
OF
PROJECTS.—
(1) PROJECTS REQUIRING ENVIRONMENTAL RE-
VIEW.—If the Secretary concerned determines that
an environmental review or consultation is required
for a proposed project pursuant to subsection (b),
the Secretary concerned shall make a decision under
subsection (a) to approve or reject the project, to the
extent practicable, within 30 days after the comple-
tion of the last of the required environmental reviews
and consultations.
(2) OTHER PROJECTS.—If the Secretary con-
cerned determines that an environmental review or
consultation is not required for a proposed project,
the Secretary shall make a decision under subsection
(a) to approve or reject the project, to the extent
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practicable, within 60 days after the date of that de-
termination.
(d) 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. Within 30
days after making the rejection decision, the Sec-
retary concerned shall notify in writing the partici-
pating county that submitted the proposed project of
the rejection and the reasons therefor.
(2) NOTICE OF PROJECT APPROVAL.—The Sec-
retary concerned shall publish in the Federal Reg-
ister notice of each project approved under sub-
section (a) if such notice would be required had the
project originated with the Secretary.
(3) PROJECT APPROVAL AS FINAL AGENCY AC-
TION.—A decision by the Secretary concerned to ap-
prove a project under subsection (a) shall be consid-
ered a final agency action under the Administrative
Procedures Act.
(e) SOURCE AND CONDUCT OF PROJECT.—For pur-
poses of Federal law, a project approved by the Secretary
concerned under this section shall be considered to have
originated with the Secretary.
(f) IMPLEMENTATION OF APPROVED PROJECTS.—
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(1) RESPONSIBILITY OF SECRETARY.—The Sec-
retary concerned shall be responsible for carrying
out projects approved by the Secretary under this
section. The Secretary concerned shall carry out the
projects in compliance with all Federal laws (includ-
ing the Act of March 3, 1931, commonly known as
the Davis-Bacon Act) and all Federal rules, regula-
tions, and policies and in the same manner as
projects of the same kind that originate with the
Secretary.
(2) COOPERATION.—The Secretary concerned
may enter into contracts and cooperative agreements
with States and local governments, private and non-
profit entities, and landowners and other persons to
assist the Secretary in carrying out an approved
project.
(3) 
BEST
VALUE
STEWARDSHIP
CON-
TRACTING.—Subject to paragraph (1), to enter into
a contract authorized by paragraph (2), the Sec-
retary concerned may use a contracting method that
secures, for the best price, the best quality service,
as determined by the Secretary based upon the fol-
lowing:
(A) The technical demands and complexity
of the work to be done.
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(B) The ecological sensitivity of the re-
sources 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 condi-
tions.
(D) The use by the contractor of low value
species and byproducts.
(E) The commitment of the contractor to
hiring highly qualified workers and local resi-
dents.
(g) TIME FOR COMMENCEMENT.—
(1) 
PROJECTS
FUNDED
USING
PROJECT
FUNDS.—If an approved project is to be funded in
whole or in part using project funds to be provided
by a participating county or counties, the Secretary
concerned shall commence the project as soon as
practicable after the receipt of the project funds pur-
suant to section 206 from the county.
(2) PROJECTS
FUNDED
USING
SPECIAL
AC-
COUNTS.—If an approved project is to be funded
using amounts from a special account in lieu of any
project funds, the Secretary concerned shall com-
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mence the project as soon as practicable after the
approval decision is made.
SEC. 205. LOCAL ADVISORY COMMITTEES.
(a) ESTABLISHMENT AND PURPOSE OF LOCAL ADVI-
SORY COMMITTEES.—
(1) ESTABLISHMENT.—Except as provided in
paragraph (2), the Secretary concerned shall estab-
lish and maintain, for each unit of Federal lands, a
local advisory committee to review projects proposed
by participating counties and to recommend projects
to participating counties.
(2) COMBINATION OR DIVISION OF UNITS.—The
Secretary concerned may, at the Secretary’s sole dis-
cretion, combine or divide units of Federal lands for
the purpose of establishing local advisory commit-
tees.
(b) APPOINTMENT BY THE SECRETARY.—
(1) APPOINTMENT AND TERM.—The Secretary
concerned shall appoint the members of local advi-
sory committees for a term of 2 years beginning on
the date of appointment. The Secretary concerned
may reappoint members to subsequent 2-year terms.
(2) BASIC
REQUIREMENTS.—The Secretary
concerned shall ensure that each local advisory com-
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mittee established by the Secretary meets the re-
quirements of subsection (c).
(3) INITIAL
APPOINTMENT.—The Secretary
concerned shall make initial appointments to the
local advisory committees not later than 120 days
after the date of the enactment of this Act.
(4) VACANCIES.—The Secretary concerned shall
make appointments to fill vacancies on any local ad-
visory committee as soon as practicable after the va-
cancy has occurred.
(5) COMPENSATION.—Members of the local ad-
visory committees shall not receive any compensa-
tion.
(c) COMPOSITION OF ADVISORY COMMITTEE.—
(1) NUMBER.—Each local advisory committee
shall be comprised of 15 members.
(2) COMMUNITY INTERESTS REPRESENTED.—
Each local advisory committee shall have at least
one member representing each of the following:
(A) Local resource users.
(B) Environmental interests.
(C) Forest workers.
(D) Organized labor representatives.
(E) Elected county officials.
(F) School officials or teachers.
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(3) GEOGRAPHIC
DISTRIBUTION.—To the ex-
tent practicable, the members of a local advisory
committee shall be drawn from throughout the area
covered by the committee.
(4) CHAIRPERSON.—A majority on each local
advisory committee shall select the chairperson of
the committee.
(d) APPROVAL PROCEDURES.—
(1) ISSUANCE.—Not later than 90 days after
the date of the enactment of this Act, the Secre-
taries concerned shall jointly issue the approval pro-
cedures that each local advisory committee must use
in order to ensure that a local advisory committee
only approves projects that are broadly supported by
the committee. The Secretaries shall publish the pro-
cedures in the Federal Register.
(2) 
TREATMENT
OF
PROCEDURES.—The
issuance and content of the procedures issued under
paragraph (1) shall not be subject to administrative
appeal or judicial review. Nothing in this paragraph
shall affect the responsibility of local advisory com-
mittees to comply with the procedures.
(e) OTHER COMMITTEE AUTHORITIES
AND RE-
QUIREMENTS.—
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(1) STAFF ASSISTANCE.—A local advisory com-
mittee may submit to the Secretary concerned a re-
quest for staff assistance from Federal employees
under the jurisdiction of the Secretary.
(2) MEETINGS.—All meetings of a local advi-
sory 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 local advisory committee
shall maintain records of the meetings of the com-
mittee and make the records available for public in-
spection.
(f) FEDERAL ADVISORY COMMITTEE ACT EXEMP-
TION.—The local advisory committees shall be exempt
from the provisions of the Federal Advisory Committee
Act (5 U.S.C. App.).
SEC. 206. USE OF PROJECT FUNDS.
(a) AGREEMENT REGARDING SCHEDULE AND COST
OF PROJECT.—
(1) AGREEMENT BETWEEN PARTIES.—As soon
as practicable after the approval of a project by the
Secretary concerned under section 204, the Sec-
retary concerned and the chief administrative official
of the participating county (or one such official rep-
resenting a group of participating counties) shall
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enter into an agreement addressing, at a minimum,
the following with respect to the project:
(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 multi-year project, the estimated
cost of the project for each of the fiscal years
in which it will be carried out.
(D) The remedies for the participating
county or counties for the failure of the Sec-
retary concerned to comply with the terms of
the agreement.
(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, the partici-
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pating county or counties that are parties to the
agreement shall transfer to the Secretary concerned
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 speci-
fied in the agreement to be paid by the county
or counties; or
(B) in the case of a multi-year project, the
amount specified in the agreement to be paid by
the county or counties for the first fiscal year.
(2) 
CONDITION
ON
PROJECT
COMMENCE-
MENT.—The Secretary concerned shall not com-
mence a project pursuant to section 204(g)(1) until
the project funds required to be transferred under
paragraph (1) for the project have been received by
the Secretary.
(3) SUBSEQUENT TRANSFERS FOR MULTI-YEAR
PROJECTS.—For the second and subsequent fiscal
years of a multi-year project to be funded in whole
or in part using project funds, the participating
county or counties shall transfer to the Secretary
concerned 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
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project if the county fails to transfer the required
amounts as required by the agreement.
(4) 
SPECIAL
RULE
FOR
WORK
CAMP
PROJECTS.—In the case of a project described in
section 203(d)(3) and approved under section 204,
the agreement required by subsection (a) shall speci-
fy the manner in which a participating county that
is a party to the agreement may retain project funds
to cover the costs of the project.
(c) AVAILABILITY
OF
TRANSFERRED
FUNDS.—
Project funds transferred to the Secretary concerned
under this section shall remain available until the project
is completed.
SEC. 207. DURATION OF AVAILABILITY OF A COUNTY’S
PROJECT FUNDS.
(a) SUBMISSION OF PROPOSED PROJECTS TO OBLI-
GATE FUNDS.—By the end of each of the fiscal years
2003 through 2009, a participating county 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 the county received under title I in
the second preceding fiscal year.
(b) TRANSFER OF UNOBLIGATED FUNDS.—If a par-
ticipating county fails to comply with subsection (a) for
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a fiscal year, any project funds that the county received
in the second preceding fiscal year and remaining unobli-
gated shall be returned to the Secretary of the Treasury
for disposition as provided in subsection (c).
(c) DISPOSITION OF RETURNED FUNDS.—
(1) DEPOSIT IN SPECIAL ACCOUNTS.—In the
case of project funds returned under subsection (b)
in fiscal year 2004, 2005, or 2006, the Secretary of
the Treasury shall deposit the funds in the appro-
priate special account.
(2) DEPOSIT IN GENERAL FUND.—After fiscal
year 2006, the Secretary of the Treasury shall de-
posit returned project funds in the general fund of
the Treasury.
(d) EFFECT OF REJECTION OF PROJECTS.—Not-
withstanding subsection (b), any project funds of a partici-
pating county 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 the county
to expend in the same manner as the funds reserved by
the county under section 102(d)(1)(A) or 103(d)(1),
whichever applies to the funds involved. The project funds
covered by this subsection shall remain available until ex-
pended.
(e) EFFECT OF COURT ORDERS.—
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(1) 
PROJECTS
FUNDED
USING
PROJECT
FUNDS.—If an approved project is enjoined or pro-
hibited by a Federal court after funds for the project
are transferred to the Secretary concerned under
section 206, the Secretary concerned shall return
any unobligated project funds related to that project
to the participating county or counties that trans-
ferred the funds. The returned funds shall be avail-
able for the county to expend in the same manner
as the funds reserved by the county under section
102(d)(1)(A) or 103(d)(1), whichever applies to the
funds involved. The funds shall remain available
until expended and shall be exempt from the require-
ments of subsection (b).
(2) PROJECTS
FUNDED
USING
SPECIAL
AC-
COUNTS.—If an approved project is enjoined or pro-
hibited by a Federal court after funds from a special
account have been reserved for the project under
section 208, the Secretary concerned shall treat the
funds in the same manner as revenues described in
section 208(a).
SEC. 208. TREATMENT OF FUNDS GENERATED BY LOCALLY
INITIATED PROJECTS.
(a) PAYMENT TO SECRETARY.—Any and all revenues
generated from a project carried out in whole or in part
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using project funds or funds from a special account shall
be paid to the Secretary concerned.
(b) DEPOSIT.—Notwithstanding any other provision
of law, the Secretary concerned shall deposit the revenues
described in subsection (a) as follows:
(1) Through fiscal year 2006, the revenues
shall be deposited in the appropriate special account
as provided in subsection (c).
(2) After fiscal year 2006, the revenues shall be
deposited in the general fund of the Treasury.
(c) REGIONAL AND BLM SPECIAL ACCOUNTS.—
(1) ESTABLISHMENT.—There is established in
the Treasury an account for each region of the For-
est Service and an account for the Bureau of Land
Management. The accounts shall consist of the fol-
lowing:
(A) Revenues described in subsection (a)
and deposited pursuant to subsection (b)(1).
(B) Project funds deposited pursuant to
section 207(c)(1).
(C) Interest earned on amounts in the spe-
cial accounts.
(2) REQUIRED
DEPOSIT
IN
FOREST
SERVICE
ACCOUNTS.—If the revenue-generating project was
carried out in whole or in part using project funds
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that were reserved pursuant to section 102(d)(1)(B),
the revenues shall be deposited in the account estab-
lished under paragraph (1) for the Forest Service
region in which the project was conducted.
(3) REQUIRED DEPOSIT IN BLM ACCOUNT.—If
the revenue-generating project was carried out in
whole or in part using project funds that were re-
served pursuant to section 103(d)(2), the revenues
shall be deposited in the account established under
paragraph (1) for the Bureau of Land Management.
(4) PROJECTS CONDUCTED USING SPECIAL AC-
COUNT
FUNDS.—If the revenue-generating project
was carried out using amounts from a special ac-
count in lieu of any project funds, the revenues shall
be deposited in the special account from which the
amounts were derived.
(d) USE OF ACCOUNTS TO CONDUCT PROJECTS.—
(1) AUTHORITY TO USE ACCOUNTS.—The Sec-
retary concerned may use amounts in the special ac-
counts, without appropriation, to fund projects sub-
mitted by participating counties under section
203(a)(2) that have been approved by the Secretary
concerned under section 204.
(2) SOURCE OF FUNDS; PROJECT LOCATIONS.—
Funds in a special account established under sub-
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section (c)(1) for a region of the Forest Service re-
gion may be expended only for projects approved
under section 204 to be conducted in that region.
Funds in the special account established under sub-
section (c)(1) for the Bureau of Land Management
may be expended only for projects approved under
section 204 to be conducted on Federal lands de-
scribed in section 3(1)(B).
(3) DURATION OF AUTHORITY.—No funds may
be obligated under this subsection after September
30, 2007. Unobligated amounts in the special ac-
counts after that date shall be promptly transferred
to the general fund of the Treasury.
TITLE III—FOREST COUNTIES
PAYMENTS COMMITTEE
SEC. 301. DEFINITIONS.
In this title:
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Forest Counties Pay-
ments Committee established by section 302.
(2) HOUSE COMMITTEES OF JURISDICTION.—
The term ‘‘House committees of jurisdiction’’ means
the Committee on Agriculture, the Committee on
Resources, and the Committee on Appropriations of
the House of Representatives.
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(3) SENATE COMMITTEES OF JURISDICTION.—
The term ‘‘Senate committees of jurisdiction’’ means
the Committee on Agriculture, Nutrition, and For-
estry, the Committee on Energy and Natural Re-
sources, and the Committee on Appropriations of the
Senate.
(4) SUSTAINABLE FORESTRY.—The term ‘‘sus-
tainable forestry’’ means principles of sustainable
forest management that equally consider ecological,
economic, and social factors in the management of
Federal lands.
SEC. 302. NATIONAL ADVISORY COMMITTEE TO DEVELOP
LONG-TERM METHODS TO MEET STATUTORY
OBLIGATION OF FEDERAL LANDS TO CON-
TRIBUTE TO PUBLIC EDUCATION AND OTHER
PUBLIC SERVICES.
(a) ESTABLISHMENT OF FOREST COUNTIES PAY-
MENTS COMMITTEE.—There is hereby established an advi-
sory committee, to be known as the Forest Counties Pay-
ments Committee, to develop recommendations, consistent
with sustainable forestry, regarding methods to ensure
that States and counties in which Federal lands are situ-
ated receive adequate Federal payments to be used for the
benefit of public education and other public purposes.
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tempore of the Senate (in consultation with the
chairmen and ranking members of the Senate com-
mittees of jurisdiction) and one such member to be
appointed by the Speaker of the House of Rep-
resentatives (in consultation with the chairmen and
ranking members of the House committees of juris-
diction) within 60 days of the date of the enactment
of this Act.
(c) GEOGRAPHIC REPRESENTATION.—In making ap-
pointments under paragraphs (4) and (5) of subsection
(b), the President pro tempore of the Senate and the
Speaker of the House of Representatives shall seek to en-
sure that the Advisory Committee members are selected
from geographically diverse locations.
(d) ORGANIZATION OF ADVISORY COMMITTEE.—
(1) CHAIRPERSON.—The Chairperson of the
Advisory Committee shall be selected from among
the members appointed pursuant to paragraphs (4)
and (5) of subsection (b).
(2) VACANCIES.—Any vacancy in the member-
ship of the Advisory Committee shall be filled in the
same manner as required by subsection (b). A va-
cancy shall not impair the authority of the remain-
ing members to perform the functions of the Advi-
sory Committee under section 303.
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(3) COMPENSATION.—The members of the Ad-
visory Committee who are not officers or employees
of the United States, while attending meetings or
other events held by the Advisory Committee or at
which the members serve as representatives of the
Advisory Committee or while otherwise serving at
the request of the Chairperson, shall each be entitled
to receive compensation at a rate not in excess of
the maximum rate of pay for grade GS–18, as pro-
vided in the General Schedule under section 5532 of
title 5, United States Code, including traveltime,
and while away from their homes or regular places
of business shall each be reimbursed for travel ex-
penses, including per diem in lieu of subsistence as
authorized by section 5703 of title 5, United States
Code, for persons in Government service employed
intermittently.
(e) STAFF AND RULES.—
(1) 
EXECUTIVE
DIRECTOR.—The 
Advisory
Committee shall have an Executive Director, who
shall be appointed (without regard to the provisions
of title 5, United States Code, governing appoint-
ments in the competitive service) by the Advisory
Committee and serve at the pleasure of the Advisory
Committee. The Executive Director shall report to
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the Advisory Committee and assume such duties as
the Advisory Committee may assign. The Executive
Director shall be paid at a rate not in excess of pay
for grade GS–18, as provided in the General Sched-
ule under 5332 of title 5, United States Code.
(2) OTHER STAFF.—In addition to authority to
appoint personnel subject to the provisions of title 5,
United States Code, governing appointments to the
competitive service, and to pay such personnel in ac-
cordance with the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, the
Advisory Committee shall have authority to enter
into contracts with private or public organizations
which may furnish the Advisory Committee with
such administrative and technical personnel as may
be necessary to carry out the functions of the Advi-
sory Committee under section 303. To the extent
practicable, such administrative and technical per-
sonnel, and other necessary support services, shall
be provided for the Advisory Committee by the Chief
of the Forest Service and the Director of the Bureau
of Land Management.
(3) COMMITTEE RULES.—The Advisory Com-
mittee may establish such procedural and adminis-
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trative rules as are necessary for the performance of
its functions under section 303.
(f) FEDERAL AGENCY COOPERATION.—The heads of
the departments, agencies, and instrumentalities of the ex-
ecutive branch of the Federal Government shall cooperate
with the Advisory Committee in the performance of its
functions under subsection (c) and shall furnish to the Ad-
visory Committee information which the Advisory Com-
mittee deems necessary to carry out such functions.
SEC. 303. FUNCTIONS OF ADVISORY COMMITTEE.
(a) DEVELOPMENT OF RECOMMENDATIONS.—
(1) IN
GENERAL.—The Advisory Committee
shall develop recommendations for policy or legisla-
tive initiatives (or both) regarding alternatives for,
or substitutes to, the short-term payments required
by title I in order to provide a long-term method to
generate annual payments to eligible States and eli-
gible counties at or above the full payment amount.
(2) REPORTING
REQUIREMENTS.—Not later
than 18 months after the date of the enactment of
this Act, the Advisory Committee shall submit to the
Senate committees of jurisdiction and the House
committees of jurisdiction a final report containing
the recommendations developed under this sub-
section. The Advisory Committee shall submit semi-
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annual progress reports on its activities and expendi-
tures to the Senate committees of jurisdiction and
the House committees of jurisdiction until the final
report has been submitted.
(b) GUIDANCE FOR COMMITTEE.—In developing the
recommendations required by subsection (a), the Advisory
Committee shall—
(1) evaluate the method by which payments are
made to eligible States and eligible counties under
title I and the use of such payments;
(2) evaluate the effectiveness of the local advi-
sory committees established pursuant to section 205;
and
(3) consider the impact on eligible States and
eligible counties of revenues derived from the his-
toric multiple use of the Federal lands.
(c) MONITORING AND RELATED REPORTING ACTIVI-
TIES.—The Advisory Committee shall monitor the pay-
ments made to eligible States and eligible counties pursu-
ant to title I and submit to the Senate committees of juris-
diction and the House committees of jurisdiction an an-
nual report describing the amounts and sources of such
payments and containing such comments as the Advisory
Committee may have regarding such payments.
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(d) TESTIMONY.—The Advisory Committee shall
make itself available for testimony or comments on the
reports required to be submitted by the Advisory Com-
mittee and on any legislation or regulations to implement
any recommendations made in such reports in any con-
gressional hearings or any rulemaking or other adminis-
trative decision process.
SEC. 304. FEDERAL ADVISORY COMMITTEE ACT REQUIRE-
MENTS.
Except as may be provided in this title, the provisions
of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Advisory Committee.
SEC. 305. TERMINATION OF ADVISORY COMMITTEE.
The Advisory Committee shall terminate 3 years after
the date of the enactment of this Act.
SEC. 306. SENSE OF THE CONGRESS REGARDING ADVISORY
COMMITTEE RECOMMENDATIONS.
It is the sense of the Congress that the payments to
eligible States and eligible counties required by title I
should be replaced by a long-term solution to generate
payments conforming to the guidance provided by section
303(b) and that any promulgation of regulations or enact-
ment of legislation to establish such method should be
completed within 2 years after the date of submission of
the final report required by section 303(a).