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
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
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-
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
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-
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.
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
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
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
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:
(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
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-
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.
(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.
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
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.
SEC. 203. SUBMISSION OF PROJECT PROPOSALS BY PAR-
TICIPATING COUNTIES.
(a) SUBMISSION OF PROJECT PROPOSALS TO SEC-
RETARY CONCERNED.—
(1) 
PROJECTS
FUNDED
USING
PROJECT
FUNDS.—Not later than September 30, 2001, and
each September 30 thereafter through 2009, each
participating county shall submit to the Secretary
concerned a description of any projects that the
county proposes the Secretary undertake using any
project funds reserved by the county during the
three-fiscal year period consisting of the fiscal year
in which the submission is made and the preceding
two fiscal years. A participating county does not
have to submit all of its project proposals for a year
at the same time.
(2) PROJECTS
FUNDED
USING
SPECIAL
AC-
COUNTS.—Until September 30, 2007, a partici-
pating county may also submit to the Secretary con-
cerned a description of any projects that the county
proposes the Secretary undertake using amounts in
a special account in lieu of or in addition to the
county’s project funds.
(3) JOINT
PROJECTS.—Participating counties
may pool their project funds and jointly propose a
project or group of projects to the Secretary con-
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,
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-
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
(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.
(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
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.—