Union Calendar No. 246
106TH CONGRESS
1ST SESSION
H. R. 2389
[Report No. 106–392, Part I]
A BILL
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 Manage-
ment for use by the counties for the benefit of
public schools, roads, and other purposes.
OCTOBER 29, 1999
Committee on Resources discharged; committed to the
Committee of the Whole House on the State of the
Union and ordered to be printed
IB
Union Calendar No. 246
106TH CONGRESS
1ST SESSION
H. R. 2389
[Report No. 106–392, Part I]
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 purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1999
Mr. DEAL of Georgia (for himself, Mr. BOYD, Ms. DUNN, Mr. TURNER, Mr.
PETERSON of Pennsylvania, and Mr. THOMPSON of California) introduced
the following bill; which was referred to the Committee on Agriculture,
and in addition to the Committee on Resources, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
OCTOBER 18, 1999
Reported from the Committee on Agriculture with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
OCTOBER 18, 1999
Referral to the Committee on Resources extended for a period ending not later
than October 29, 1999
OCTOBER 29, 1999
Additional sponsors: Mr. GOODLATTE, Mr. STUPAK, Mr. RADANOVICH, Mr.
SHOWS, Mrs. CHENOWETH-HAGE, Mr. OBERSTAR, Mr. NETHERCUTT,
Mr. TAYLOR of North Carolina, Mr. WALDEN of Oregon, Mr. HERGER,
Mr. SCHAFFER, Mr. HILL of Montana, Mr. HAYWORTH, Mr. CANADY of
Florida, Mrs. THURMAN, Mr. BISHOP, Mr. GREEN of Wisconsin, Mr.
SANDLIN, Mr. OWENS, Mr. METCALF, Mrs. EMERSON, Mr. HAYES, Mrs.
CUBIN, Mr. NORWOOD, Mr. PHELPS, Mr. BERRY, Mr. LUCAS of Ken-
tucky, Mr. FROST, Mrs. CHRISTENSEN, Mrs. CLAYTON, and Mr. SMITH
of Michigan
OCTOBER 29, 1999
Committee on Resources discharged; committed to the Committee of the
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on June 30, 1999]
A BILL
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.
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
‘‘County Schools Funding Revitalization 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.
Sec. 4. Determination of full payment amount for eligible States and counties.
Sec. 5. Forest Service payments to eligible States for affected counties to use for
public education and transportation.
Sec. 6. Bureau of Land Management payments to eligible counties to use for the
benefit of public safety, law enforcement, and other public pur-
poses.
Sec. 7. Development of long-term methods to meet statutory obligation of Federal
lands to contribute to public education and other public services.
Sec. 8. Sense of Congress regarding Advisory Committee recommendations.
Sec. 9. Authorization of appropriations.
Sec. 10. 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 192,000,000
acres of Federal lands.
(2) The public domain lands known as revested
Oregon and California Railroad grant lands and the
reconveyed Coos Bay Wagon Road grant lands, which
are managed predominantly by the Bureau of Land
Management were returned to Federal ownership in
1916 and 1919 and now comprise approximately
2,600,000 acres of Federal lands.
(3) Congress recognized that, by securing these
lands in Federal ownership, the counties in which
these lands were situated would be deprived of reve-
nues they would otherwise receive if the lands were
held in private ownership.
(4) Even without such revenues, these same coun-
ties have expended public funds year after year to
provide services, such as education, road construction
and maintenance, search and rescue, law enforcement,
waste removal, and fire protection, that directly ben-
efit these Federal lands and people who use these
lands.
tailed and, as the volume of timber sold annually
from most of the Federal lands has decreased precipi-
tously, so too have the revenues shared with the af-
fected counties.
(10) This decline in shared revenues has severely
impacted or crippled educational funding in, and the
quality of education provided by, the affected coun-
ties.
(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 pro-
hibited by administrative and judicial decisions to
protect the northern spotted owl.
(12) The authority for these particular safety net
payments is expiring and no comparable authority
has been granted for alternative payments to counties
elsewhere in the United States that have suffered
similar losses in shared revenues from the Federal
lands and in the educational funding those revenues
provide.
(13) Although such 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, they are critically needed now to
stabilize educational funding in the affected counties.
(b) PURPOSES.—The purposes of this Act are—
(1) to arrest the decline in, and stabilize, the rev-
enues derived from National Forest System lands and
revested and reconveyed grant lands that the Federal
Government shares with counties in which these Fed-
eral lands are situated;
(2) to assist the local governments that are so de-
pendent on and supportive of the Federal lands to re-
store the quality of education that they were able to
provide to the children of residents of these counties
before the recent severe reductions in or curtailments
of revenue-producing activities on those lands;
(3) to provide this temporary relief in a form
that will neither encourage the long-term reliance on
appropriations, nor discourage the management of the
Federal lands in a manner that will generate reve-
nues, to meet the Federal Government’s statutory obli-
gations to the counties that contain these lands; and
(4) to facilitate the development by the Federal
Government and the counties and school districts
which benefit from the shared Federal land revenues
of a long-term method to generate payments to States
and counties that would avoid the need to provide
further temporary relief.
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 reconveyed to
the United States by the Act of February 26,
1919 (Chapter 47; 40 Stat. 1179), and subse-
quent additions to such lands.
(2) ADVISORY COMMITTEE.—The term ‘‘Advisory
Committee’’ means the Forest Counties Payments
Committee established by section 7.
(3) ELIGIBILITY PERIOD.—The term ‘‘eligibility
period’’ means the period beginning on October 1,
1985, and ending on September 30, 1999.
(4) ELIGIBLE COUNTY.—The term ‘‘eligible coun-
ty’’ means a county that received one or more 50-per-
cent payments during the eligibility period.
(5) ELIGIBLE STATE.—The term ‘‘eligible State’’
means a State that received one or more 25-percent
payments during the eligibility period.
(6) FULL
PAYMENT
AMOUNT.—The term ‘‘full
payment amount’’ means the amount calculated for
each eligible State and eligible county under section
4.
(7) HOUSE COMMITTEES OF JURISDICTION.—The
term ‘‘House committees of jurisdiction’’ means the
Committee on Agriculture, the Committee on Re-
sources, and the Committee on Appropriations of the
House of Representatives.
(8) 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.
(9) 25-PERCENT PAYMENTS.—The term ‘‘25-per-
cent payments’’ means the payments to States re-
quired by the 6th 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).
(10) 50-PERCENT PAYMENTS.—The term ‘‘50-per-
cent payments’’ means the payments that are the sum
of the 50-percent share otherwise paid to a county
pursuant to title II of the Act of August 28, 1937
(Chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), and the
payment made to a county pursuant to the Act of
May 24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C.
1181f–1 et seq.).
(11) SAFETY NET PAYMENTS.—The term ‘‘safety
net payments’’ means the payments to States and
counties required by sections 13982 and 13983 of the
Omnibus Budget Reconciliation Act of 1993 (Public
Law 103–66; 16 U.S.C. 500 note; 43 U.S.C. 1181f
note).
(12) SUSTAINABLE FORESTRY.—The term ‘‘sus-
tainable forestry’’ means principles of sustainable for-
est management that equally consider ecological, eco-
nomic, and social factors in the management of Fed-
eral lands.
SEC. 4. DETERMINATION OF FULL PAYMENT AMOUNT FOR
ELIGIBLE STATES AND COUNTIES.
(a) CALCULATION REQUIRED.—The Secretary of the
Treasury shall calculate for each eligible State and eligible
county an amount equal to the average of the three highest
25-percent payments, 50-percent payments, or safety net
payments made to that eligible State or eligible county dur-
ing the eligibility period.
(b) ANNUAL ADJUSTMENT.—For the second and each
subsequent fiscal year in which payments are required to
be made to eligible States and eligible counties under this
Act, the Secretary of the Treasury shall adjust the full pay-
ment amount in effect for the previous fiscal year for each
eligible State and eligible county to reflect changes in the
consumer price index for urban areas (as published in the
Bureau of Labor Statistics) that occur after publication of
that index for fiscal year 1999.
SEC. 5. FOREST SERVICE PAYMENTS TO ELIGIBLE STATES
FOR AFFECTED COUNTIES TO USE FOR PUB-
LIC EDUCATION AND TRANSPORTATION.
(a) REQUIREMENT
FOR
PAYMENTS
TO
ELIGIBLE
STATES.—The Secretary of the Treasury shall make a pay-
ment to each eligible State in accordance with subsection
(b) as early as practicable in each of fiscal years 2000
through 2005.
(b) PAYMENT AMOUNTS.—Each payment to an eligible
State under subsection (a) shall consist of the following:
(1) The amount of the 25-percent payments ap-
plicable to that State.
(2) If the amount under paragraph (1) is less
than the full payment amount for that State, such ad-
ditional funds as are necessary to provide a total
payment equal to the full payment amount.
(c) EXPENDITURE
OF PAYMENTS.—Eligible States
shall distribute and expend the payments received under
subsection (a) in the same manner in which the 25-percent
payments are required to be distributed and expended.
(d) SOURCE OF ADDITIONAL PAYMENT AMOUNTS.—
Funds necessary to make the payment required by sub-
section (b)(2), shall be derived, as determined by the Sec-
retary of Agriculture, from any revenues received by the
United States from activities on the Federal lands described
in section 3(1)(A), funds appropriated for the Forest Serv-
ice, or both sources, except—
(1) programs from which the 25-percent pay-
ments are derived and funds which, if paid to eligible
States, would contribute to a reduction in such reve-
nues; and
(2) funds from trust or other special accounts es-
tablished by statute for use by the Forest Service for
specified purposes.
SEC. 6. BUREAU OF LAND MANAGEMENT PAYMENTS TO ELI-
GIBLE COUNTIES TO USE FOR THE BENEFIT
OF PUBLIC SAFETY, LAW ENFORCEMENT, AND
OTHER PUBLIC PURPOSES.
(a) REQUIREMENT
FOR
PAYMENTS
TO
ELIGIBLE
COUNTIES.—The Secretary of the Treasury shall make a
payment to each eligible county in accordance with sub-
section (b) as early as practicable in each of fiscal years
2000 through 2005.
(b) PAYMENT AMOUNTS.—Each payment to an eligible
county under subsection (a) shall consist of the following:
(1) The amount of the 50-percent payments ap-
plicable to that county.
(2) If the amount under paragraph (1) is less
than the full payment amount for that county, such
additional funds as are necessary to provide a total
payment equal to the full payment amount.
(c) EXPENDITURE OF PAYMENTS.—Eligible counties
shall distribute and expend the payments received under
subsection (a) in the same manner in which the 50-percent
payments are required to be distributed and expended.
(d) SOURCE OF ADDITIONAL PAYMENT AMOUNTS.—
Funds necessary to make the payment required by sub-
section (b)(2), shall be derived, as determined by the Sec-
retary of the Interior, from any revenues received by the
United States from activities on the Federal lands described
in section 3(1)(B), funds appropriated for the Bureau of
Land Management, or both, except—
(1) programs from which the 50-percent pay-
ments are derived and funds, which, if paid to eligible
counties, would contribute to a reduction in such rev-
enues; and
(2) funds from trust or other special accounts es-
tablished by statute for use by the Bureau of Land
Management for specified purposes.
SEC. 7. DEVELOPMENT OF LONG-TERM METHODS TO MEET
STATUTORY OBLIGATION OF FEDERAL LANDS
TO CONTRIBUTE TO PUBLIC EDUCATION AND
OTHER PUBLIC SERVICES.
(a) FOREST COUNTIES PAYMENTS COMMITTEE.—
There is hereby established an advisory committee, to be
known as the Forest Counties Payments Committee, to de-
velop recommendations, consistent with sustainable for-
estry, regarding methods to ensure that States and counties
in which Federal lands are situated receive adequate Fed-
eral payments to be used for the benefit of public education
and other public purposes.
(b) MEMBERS.—The Advisory Committee shall be com-
posed of the following members:
(1) The Chief of the Forest Service, or a designee
of the Chief who has significant expertise in sustain-
able forestry.
(2) The Director of the Bureau of Land Manage-
ment, or a designee of the Director who has signifi-
cant expertise in sustainable forestry.
(3) The Director of the Office of Management
and Budget, or the Director’s designee.
(4) Two members who are elected members of the
governing branches of eligible counties, one appointed
by the President pro tempore of the Senate (in con-
sultation with the chairmen and ranking members of
the Senate committees of jurisdiction) and one ap-
pointed by the Speaker of the House of Representa-
tives (in consultation with the chairmen and ranking
members of the House committees of jurisdiction)
within 60 days of the date of enactment of this Act.
(5) Two members who are elected members of
school boards for, or superintendents from, school dis-
tricts in eligible counties, one appointed by the Presi-
dent pro tempore of the Senate (in consultation with
the chairmen and ranking members of the Senate
committees of jurisdiction) and one appointed by the
Speaker of the House of Representatives (in consulta-
tion with the chairmen and ranking members of the
House committees of jurisdiction) within 60 days of
the date of enactment of this Act.
(c) ADVISORY COMMITTEE FUNCTIONS.—
(1) DEVELOPMENT OF RECOMMENDATIONS.—The
Advisory Committee shall develop recommendations
for policy or legislative initiatives, or both, to sub-
stitute for the short-term payments required by this
Act a long-term method to generate annual payments
to eligible States and eligible counties at or above the
full payment amount. Not later than two years 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 devel-
oped under this paragraph. The Advisory Committee
shall submit semiannual progress reports on its ac-
tivities and expenditures to the Senate committees of
jurisdiction and the House committees of jurisdiction
until the final report has been submitted.
(2) GUIDANCE.—In developing the recommenda-
tions required by paragraph (1), the Advisory Com-
mittee shall seek to produce adequate and reliable
payments through revenues collected from the historic
multiple use of Federal lands, in accord with sustain-
able forestry. Within the context of ensuring the long-