I
106TH CONGRESS
1ST SESSION
H. R. 2868
To guarantee States and counties containing Federal forest lands consistent
compensation for the loss of property tax revenues from such lands
instead of a percentage of the declining revenues derived from timber
sales.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 15, 1999
Mr. DEFAZIO (for himself, Mr. MCDERMOTT, and Mr. WU) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture, and in
addition to the Committee on Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To guarantee States and counties containing Federal forest
lands consistent compensation for the loss of property
tax revenues from such lands instead of a percentage
of the declining revenues derived from timber sales.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. GUARANTEED PAYMENTS FOR STATES AND
COUNTIES WITH FEDERAL FOREST LANDS.
(a) DEFINITIONS.—In this section:
(1) ELIGIBLE STATE OR COUNTY.—The term
‘‘eligible State or Territory’’ or ‘‘eligible county’’
means a State, Territory, or county in the United
States that was entitled, for any three years during
the 12-fiscal year period beginning October 1, 1986,
to payments under a forest receipts law.
(2) FOREST RECEIPTS LAW.—The term ‘‘forest
receipts law’’ means each of the following:
(A) The sixth paragraph under the head-
ing ‘‘FOREST SERVICE’’ in the Act of May
23, 1908 (16 U.S.C. 500) and section 13 of the
Act of March 1, 1911 (commonly known as the
Weeks Act; 16 U.S.C. 500).
(B) Title II of the Act of August 28, 1937
(chapter 876; 43 U.S.C. 1181f).
(C) The first section of the Act of May 24,
1939 (chapter 144; 43 U.S.C. 1181f–1).
(D) The paragraph under the heading
‘‘PAYMENTS TO STATES (PROCEEDS OF SALES)’’
in the Interior Department Appropriation Act,
1952 (65 Stat. 252; chapter 375).
(E) Section 13982 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103–
66; 16 U.S.C. 500 note).
(F) Section 13983 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103–
66; 43 U.S.C. 1181f note).
(3) GUARANTEED
PAYMENT
AMOUNT.—The
term ‘‘guaranteed payment amount’’, with respect to
a eligible State or Territory or an eligible county,
means the amount determined in subsection (c)(1)
with respect to the State, Territory, or county, in-
cluding adjustments required by subsection (c)(2).
(b) ANNUAL PAYMENT REQUIRED.—For fiscal year
2000 and each subsequent fiscal year, the Secretary of the
Treasury shall make a payment, out of any money in the
Treasury not otherwise appropriated, to each eligible State
or Territory and each eligible county in an amount equal
to the guaranteed payment amount for the State, Terri-
tory, or county.
(c) DETERMINATION
OF GUARANTEED PAYMENT
AMOUNT.—
(1) USE OF THREE-YEAR HIGH AVERAGE OR
1998 PAYMENT.—The guaranteed payment amount
for each eligible State or Territory and each eligible
county shall be equal to the higher of the following:
(A) 100 percent of the average annual pay-
ments made directly to that State, Territory, or
county under the forest receipts laws for the
three fiscal years during the 11-fiscal year pe-
riod beginning October 1, 1986, in which the
amount of such payments to that State, Terri-
tory, or county were the highest.
(B) 100 percent of the amount of the pay-
ment made directly to that State, Territory, or
county under the forest receipts laws for fiscal
year 1998.
(2) INFLATION ADJUSTMENT.—Effective on Oc-
tober 1 of each fiscal year, the Secretary shall adjust
the guaranteed payment amounts determined under
paragraph (1) by the percent change in the Con-
sumer Price Index (all items—United States city av-
erage) for the last three months of the preceding fis-
cal year over the Consumer Price Index (all items—
United States city average) for the last three months
of the second preceding fiscal year, adjusted to the
nearest 1⁄10 of one percent.
(d) EFFECT ON OTHER PAYMENT AUTHORITIES.—
Payments shall not be made for a fiscal year under any
forest receipts law if full payments are made under this
section for that same fiscal year.
(e) CONTINUATION OF RESTRICTIONS ON USE OF
PAYMENTS.—Payments made under this section to a
State, Territory, or county shall be subject to the same
use restrictions that applied to payments previously made
to that State, Territory, or county under forest receipts
laws.
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