Secure Rural Schools and Community Self-Determination Act of 2000
PL 106-393 (H.R.2389), enacted 10/30/2000

PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1607 
Public Law 106-393 
106th Congress 
An Act 
To restore stability and predictability to the annual pajonents made to States 
Oct. 30, 2000 
and counties containing National Forest System lands and public domain lands 
[H.R. 2389] 
managed by the Bureau of Land Management for use by the counties for the 
benefit of public schools, roads, and other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Secure Rural 
Schools and 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Community Self-
(a) SHORT TITLE.—This Act may be cited as the "Secure Rural Act of2?oo^'°'' 
Schools and Community Self-Determination Act of 2000". 
16 usc 500 note. 
(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 purposes. 
Sec. 3. Definitions. 
Sec. 4. Conforming amendment. 
TITLE I—SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING 
FEDERAL LANDS 
Sec. 101. Determination of fiill payment amount for eligible States and counties. 
Sec. 102. Payments to States from National Forest Service lands for use by coun-
ties to benefit public education and transportation. 
Sec. 103. Payments to counties fix)m Bvireau of Land Management lands for use to 
benefit public safety, law enforcement, education, and other public pvu--
poses. 
TITLE II—SPECIAL PROJECTS ON FEDERAL LANDS 
Sec. 201. Definitions. 
Sec. 202. General limitation on use of project funds. 
Sec. 203. Submission of project proposals. 
Sec. 204. Evaluation and approval of projects by Secretary concerned. 
Sec. 205. Resource advisory committees. 
Sec. 206. Use of project funds. 
Sec. 207. Availability of project funds. 
Sec. 208. Termination of authority. 
TITLE III—COUNTY PROJECTS 
Sec. 301. Definitions. 
Sec. 302. Use of county funds. 
Sec. 303. Termination of authority. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Authorization of appropriations. 
Sec. 402. Treatment of funds and revenues. 
Sec. 403. Regulations. 
Sec. 404. Conforming amendments. 
TITLE V—MINERAL REVENUE PAYMENTS CLARIFICATION 
Sec. 501. Short title. 
Sec. 502. Findings. 
114 STAT. 1608 
PUBLIC LAW 106-393—OCT. 30, 2000 
Sec. 503. Amendment of the Mineral Leasing Act. 
TITLE VI—COMMUNITY FOREST RESTORATION 
Sec. 601. Short title. 
Sec. 602. Findings. 
Sec. 603. Purposes. 
Sec. 604. Definitions. 
Sec. 605. EstabUshment of program. 
Sec. 606. Selection process. 
Sec. 607. Monitoring and evaluation. 
, 
Sec. 608. Report. 
Sec. 609. Authorization of appropriations. 
16 u s e 500 note. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS,—^The Congress finds the following: 
(1) The National Forest System, which is managed by 
the United States Forest Service, was established in 1907 and 
has grown to include approximately 192,000,000 acres of Fed-
eral 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 predomi-
nantly 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 its decision to secure these 
lands in Federal ownership, the counties in which these lands 
are situated would be deprived of revenues they would other-
wise receive if the lands were held in private ownership. 
(4) 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 enforcement, 
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 the critical services they provide to both county 
residents and visitors to these Federal lands. Congress deter-
mined that the Federal Government should share with these 
counties a portion of the revenues the United States receives 
from these Federal 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 75 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, of which 50 percent is to be used as other 
county funds. 
(8) For several decades primarily due to the growth of 
the Federal timber sale program, counties dependent on and 
supportive of these Federal lands received and relied on 
increasing shares of these revenues to provide funding for 
schools and road maintenance. 
(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 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1609 
has decreased precipitously, so too have the revenues shared 
with the affected counties. 
(10) This decHne in shared revenues has affected edu-
cational funding and road maintenance for many counties. 
(11) In the Omnibus Budget Reconciliation Act of 1993, 
Congress recognized this trend and ameliorated its adverse 
consequences by providing an alternative annual safety net 
pajnnent 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 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 funding for schools and 
roads those revenues provide. 
(13) There is a need to stabilize education and road mainte-
nance funding through predictable payments to the affected 
counties, job creation in those counties, and other opportunities 
associated with restoration, maintenance, and stewardship of 
Federal lands. 
(14) Both the Forest Service and the Bureau of Land 
Management face significant backlogs in infrastructure mainte-
nance and ecosystem restoration that are difficult to address 
through annual appropriations. 
(15) There is a need to build new, and strengthen existing, 
relationships and to improve management of public lands and 
waters. 
(b) PURPOSES.—^The purposes of this Act are as follows: 
, (1) To stabilize pajnnents to counties to provide funding 
for schools and roads that supplements other available funds. 
(2) To make additional investments in, and create addi-
tional employment opportunities through, projects that improve 
the maintenance of existing infrastructure, implement steward-
ship objectives that enhance forest ecosystems, and restore 
and improve land health and water quality. Such projects shall 
enjoy broad-based support with objectives that may include, 
but are not limited to— 
(A) road, trail, and infrastructure maintenance or 
obliteration; 
(B) soil productivity improvement; 
(C) improvements in forest ecosystem health; 
(D) watershed restoration and maintenance; 
(E) restoration, maintenance and improvement of wild-
life and fish habitat; 
(F) control of noxious and exotic weeds; and 
(G) reestablishment of native species. 
(3) To improve cooperative relationships among the people 
that use and care for Federal lands and the agencies that 
manage these lands. 
SEC. 3. DEFINITIONS. 
16 USC 500 note. 
In this Act: 
(1) FEDERAL LANDS.—^The term "Federal lands" means— 
(A) lands within the National Forest System, as defined 
in section 11(a) of the Forest and Rangeland Renewable 
114 STAT. 1610 
PUBLIC LAW 106-393—OCT. 30, 2000 
Resources Planning Act of 1974 (16 U.S.C. 1609(a)) exclu-
sive of the National Grasslands and land utilization 
projects designated as National Grasslands administered 
pursuant to the Act of July 22, 1937 (7 U.S.C. 1010-
1012); and 
(B) such portions of the revested Oregon and California 
Railroad and reconveyed Coos Bay Wagon Road grant lands 
as are or may hereafter come under the jurisdiction of 
the Department of the Interior, which have heretofore or 
may hereafter be classified as timberlands, and power-
site lands valuable for timber, that shall be managed, 
except as provided in the former section 3 of the Act of 
August 28, 1937 (50 Stat. 875; 43 U.S.C. 1181c), for perma-
nent forest production. 
(2) ELIGIBILITY PERIOD.—The term "eligibiUty period" 
means fiscal year 1986 through fiscal year 1999. 
(3) ELIGIBLE COUNTY.—^The term "eligible county" means 
a county that received 50-percent payments for one or more 
fiscal years of the eligibility period or a county that received 
a portion of an eligible State's 25-percent payments for one 
or more fiscal years of the eligibility period. The term includes 
a county established after the date of the enactment of this 
Act so long as the county includes all or a portion of a county 
described in the preceding sentence. 
(4) ELIGIBLE STATE.—The term "eligible State" means a 
State that received 25-percent payments 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 PAYMENT.—The term "25-percent payment" 
means the pa3mient 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 PAYMENT.—The term "50-percent payment" 
means the payment that is 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 pay-
ments" means the special payment amounts paid to States 
and counties required by section 13982 or 13983 of the Omnibus 
Budget ReconciUation Act of 1993 (Public Law 103-66; 16 
U.S.C. 500 note; 43 U.S.C. 118 If note). 
SEC. 4. CONFORMING AMENDMENT. 
Section 6903(a)(1)(C) of title 31, United States Code, is amended 
by inserting after "(16 U.S.C. 500)" the following: "or the Secure 
Rural Schools and Community Self-Determination Act of 2000". 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1611 
TITLE 
I—SECURE 
PAYMENTS 
FOR 
STATES AND COUNTIES CONTAINING 
FEDERAL LANDS 
SEC. 101. DETERMINATION OF FULL PAYMENT AMOUNT FOR ELIGIBLE 
16 USC 500 note. 
STATES AND COUNTIES. 
(a) CALCULATION REQUIRED.— 
(1) ELIGIBLE STATES.—For fiscal years 2001 through 2006, 
the Secretary of the Treasury shall calculate for each eli^ble 
State that received a 25-percent payment during the eligibility 
period an amount equal to the average of the three highest 
25-percent payments and safety net payments made to that 
eligible State for the fiscal years of the eligibility period. 
(2) BUREAU OF LAND MANAGEMENT COUNTIES.—^For fiscal 
years 2001 through 2006, the Secretary of the Treasury shall 
calculate for each eligible county that received a 50-percent 
pa3mnent during the eligibility period an amount equal to the 
average of the three highest 50-percent payments and safety 
net pa5mients made to that eligible county for the fiscal years 
of the eligibility period. 
(b) ANNUAL ADJUSTMENT.—For each fiscal year in which pay- Bureau of Labor 
ments are required to be made to eligible States and eligible coun- Statistics, 
ties under this title, the Secretary of the Treasury shall adjust P^bUcation. 
the full pa5nnent amount for the previous fiscal year for each 
eligible State and eligible county to reflect 50 percent of the changes 
in the consumer price index for rural areas (as published in the 
Bureau of Labor Statistics) that occur after publication of that 
index for fiscal year 2000. 
SEC. 102. PAYMENTS TO STATES FROM NATIONAL FOREST SYSTEM 
16 USC 500 note. 
LANDS FOR USE BY COUNTIES TO BENEFIT PUBLIC EDU-
CATION AND TRANSPORTATION. 
(a) PAYMENT AMOUNTS.—^The Secretary of the Treasury shall 
pay an eligible State the sum of the amounts elected under sub-
section (b) by each eligible county for either— 
(1) the 25-percent pa5anent under the Act of May 23, 1908 
(16 U.S.C. 500), and section 13 of the Act of March 1, 1911 
(16 U.S.C. 500); or 
(2) the full payment amount in place of the 25-percent 
pajonent. 
(b) ELECTION TO RECEIVE PAYMENT AMOUNT.— 
(1) ELECTION; SUBMISSION OF RESULTS.—The election to 
receive either the full payment amount or the 25-percent pay-
ment shall be made at the discretion of each affected county 
and transmitted to the Secretary by the Grovemor of a State. 
(2) DURATION OF ELECTION.—A county election to receive 
the 25-percent pa5niient shall be effective for two fiscal years. 
When a county elects to receive the full payment amount, 
such election shall be effective for all the subsequent fiscal 
years through fiscal year 2006. 
(3) SOURCE OF PAYMENT AMOUNTS.—^The payment to an 
eligible State under this section for a fiscal year shall be derived 
from any revenues, fees, penalties, or miscellaneous receipts, 
exclusive of deposits to any relevant trust fund, or special 
accounts, received by the Federal Grovernment from activities 
114 STAT. 1612 
PUBLIC LAW 106-393—OCT. 30, 2000 
by the Forest Service on the Federal lands described in section 
3(1)(A) and to the extent of any shortfall, out of any funds 
in the Treasury not otherwise appropriated. 
(c) DISTRIBUTION AND EXPENDITURE OF PAYMENTS.— 
(1) DISTRIBUTION METHOD.—A State that receives a pay-
ment under subsection (a) shall distribute the payment among 
all eligible counties in the State in accordance with the Act 
of May 23, 1908 (16 U.S.C. 500), and section 13 of the Act 
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). 
(2) EXPENDITURE PURPOSES.—Subject to subsection (d), pay-
ments received by a State under subsection (a) and distributed 
to eligible counties shall be expended as required by the laws 
referred to in paragraph (1). 
(d) EXPENDITURE RULES FOR ELIGIBLE COUNTIES.— 
(1) ALLOCATIONS.— 
(A) USE OF PORTION IN SAME MANNER AS 25-PERCENT 
PAYMENTS.—If an eligible county elects to receive its share 
of the full payment amount, not less than 80 percent, 
but not more than 85 percent, of the funds shall be 
expended in the same manner in which the 25-percent 
payments are required to be expended. 
(B) 
ELECTION AS TO USE OF BALANCE.—An eligible 
county shall elect to do one or more of the following with 
the balance of the funds not expended pursuant to subpara-
graph (A): 
(i) Reserve the balance for projects in accordance 
with title II. 
(ii) Reserve the balance for projects in accordance 
with title III. 
(iii) Return the balance to the General Treasury 
in accordance with section 402(b). 
(2) DISTRIBUTION OF FUNDS.— 
(A) TREATMENT OF TITLE II FUNDS.—Funds reserved 
by an eligible county under paragraph (l)(B)(i) shall be 
deposited in a special account in the Treasury of the United 
States and shall be available for expenditure by the Sec-
retary of Agriculture, without further appropriation, and 
shall remain available until expended in accordance with 
title II. 
(B) TREATMENT OF TITLE HI FUNDS.—Funds reserved 
by an eligible county under paragraph (l)(B)(ii) shall be 
available for expenditure by the county and shall remain 
available, until expended, in accordance with title III. 
(3) ELECTION.— 
Notification. 
(A) IN GENERAL.—^An eligible county shall notify the 
Deadline. 
Secretary of Agriculture of its election under this subsection 
not later than September 30 of each fiscal year. If the 
eligible county fails to make an election by that date, 
the county is deemed to have elected to expend 85 percent 
of the funds to be received under this section in the same 
manner in which the 25-percent pajnnents are required 
to be expended, and shall remit the balance to the Treasury 
of the United States in accordance with section 402(b). 
(B) COUNTIES WITH MINOR DISTRIBUTIONS.—^Notwith-
standing any adjustment made pursuant to section 101(b) 
in the case of each eligible county to which less than 
$100,000 is distributed for any fiscal year pursuant to 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1613 
subsection (c)(1), the eligible county may elect to expend 
all such funds in accordance with subsection (c)(2). 
(e) TIME FOR PAYMENT.—The payment to an eligible State 
under this section for a fiscal year shall be made as soon as 
practicable after the end of that fiscal year. 
SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU OF LAND MANAGE- 
16 USC 500 note. 
MENT LANDS FOR USE TO BENEFIT PUBLIC SAFETY, LAW 
ENFORCEMENT, EDUCATION, AND OTHER PUBLIC PUR-
POSES. 
(a) PAYMENT.—^The Secretary of the Treasury shall pay an 
eligible county either— 
(1) the 50-percent pajmtient under the Act of August 28, 
1937 (43 U.S.C. 1181f), or the Act of May 24, 1939 (43 U.S.C. 
1181f-l) as appropriate; or 
(2) the full pa5mnent amount in place of the 50-percent 
payment. 
(b) ELECTION TO RECEIVE FULL PAYMENT AMOUNT.— 
(1) ELECTION; DURATION.—The election to receive the fiill 
pa5rment amount shall be made at the discretion of the county. 
Once the election is made, it shall be eflfective for the fiscal 
year in which the election is made and all subsequent fiscal 
years through fiscal year 2006. 
(2) SOURCE OF PAYMENT AMOUNTS.—^The payment to an 
eligible county under this section for a fiscal year shall be 
derived from any revenues, fees, penalties, or miscellaneous 
receipts, exclusive of deposits to any relevant trust fund, or 
permanent operating funds, received by the Federal Govern-
ment from activities by the Bureau of Land Management on 
the Federal lands described in section 3(1)(B) and to the extent 
of any shortfall, out of any funds in the Treasury not otherwise 
appropriated. 
(c) EXPENDITURE RULES FOR ELIGIBLE COUNTIES.— 
(1) ALLOCATIONS.— 
(A) USE OF PORTION IN SAME MANNER AS SO-PERCENT 
PAYMENTS.—Of the funds to be paid to an eligible county 
pursuant to subsection (a)(2), not less than 80 percent, 
but not more than 85 percent, of the funds distributed 
to the eligible county shall be expended in the same manner 
in which the 50-percent payments are required to be 
expended. 
(B) ELECTION AS TO USE OF BALANCE.—^An eligible 
county shall elect to do one or more of the following with 
the balance of the funds not expended pursuant to subpara-
graph (A): 
(i) Reserve the balance for projects in accordance 
with title n. 
(ii) Reserve the balance for projects in accordance 
with title in. 
(iii) Return the balance to the General Treasury 
in accordance with section 402(b). 
(2) DISTRIBUTION OF FUNDS.— 
(A) TREATMENT OF TITLE II FUNDS.—Funds reserved 
by an eligible county under paragraph (l)(B)(i) shall be 
deposited in a special account in the Treasury of the United 
States and shall be available for expenditure by the Sec-
retary of the Interior, without further appropriation, and 
114 STAT. 1614 
PUBLIC LAW 106-393—OCT. 30, 2000 
shall remain available until expended in accordance with 
title IL 
(B) TREATMENT OF TITLE HI FUNDS.—Funds reserved 
by an eligible county under paragraph (l)(B)(ii) shall be 
available for expenditure by the county and shall remain 
available, until expended, in accordance with title IIL 
Notification. 
(3) ELECTION.—^An eligible county shall notify the Secretary 
Deadline. 
of the Interior of its election under this subsection not later 
than September 30 of each fiscal year. If the eligible county 
fails to make an election by that date, the county is deemed 
to have elected to expend 85 percent of the funds received 
under subsection (a)(2) in the same manner in which the 50-
percent pa3nnents are required to be expended and shall remit 
the balance to the Treasury of the United States in accordance 
with section 402(b). 
(d) TIME FOR PAYMENT.—The payment to an eligible county 
under this section for a fiscal year shall be made as soon as 
practicable after the end of that fiscal year. 
TITLE II—SPECIAL PROJECTS ON 
FEDERAL LANDS 
16 use 500 note. 
SEC. 201. DEFINITIONS. 
In this title: 
(1) 
PARTICIPATING 
COUNTY.—The 
term 
"participating 
county" means an eligible county that elects under section 
102(d)(l)(B)(i) or 103(c)(l)(B)(i) to expend a portion of the Fed-
eral funds received under section 102 or 103 in accordance 
with this title. 
(2) PROJECT FUNDS.—^The term "project funds" means all 
funds an eligible county elects under sections 102(d)(l)(B)(i) 
and 103(c)(lXB)(i) to reserve for expenditure in accordance 
with this title. 
(3) RESOURCE ADVISORY COMMITTEE.—^The term "resource 
advisory committee" means an advisory committee established 
by the Secretary concerned under section 205, or determined 
by the Secretary concerned to meet the requirements of 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) or a land and resource management plan prepared by 
the Forest Service for units of the National Forest System 
pursuant to section 6 of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604). 
(5) SECRETARY CONCERNED.—^The term "Secretary con-
cerned" means— 
(A) the Secretary of Agriculture or the designee of 
the Secretary of Agriculture with respect to the Federal 
lands described in section 3(1)(A); and 
(B) the Secretary of the Interior or the designee of 
the Secretary of the Interior with respect to the Federal 
lands described in section 3(1)(B). 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1615 
SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS. 
16 USC 500 note. 
Project funds shall be expended solely on projects that meet 
the requirements of this title. Project funds may be used by the 
Secretary concerned for the purpose of entering into and imple-
menting cooperative agreements with willing Federal agencies, 
State and local governments, private and nonprofit entities, and 
landowners for protection, restoration and enhancement of fish 
and wildlife habitat, and other resource objectives consistent with 
the purposes of this title on Federal land and on non-Federal 
land where projects would benefit these resources on Federal land. 
SEC. 203. SUBMISSION OF PROJECT PROPOSALS. 
16 USC 500 note. 
(a) SUBMISSION OF PROJECT PROPOSALS TO SECRETARY CON-
CERNED.— 
(1) PROJECTS FUNDED USING PROJECT FUNDS.—Not later Deadline, 
than September 30 for fiscal year 2001, and each September 
30 thereafter for each succeeding fiscal year through fiscal 
year 2006, each resource advisory committee shall submit to 
the Secretary concerned a description of any projects that the 
resource advisory committee proposes the Secretary undertake 
using any project funds reserved by eligible counties in the 
area in which the resource advisory committee has geographic 
jurisdiction. 
(2) PROJECTS FUNDED USING OTHER FUNDS.—A resource 
advisory committee may submit to the Secretary concerned 
a description of any projects that the committee proposes the 
Secretary undertake using funds from State or local govern-
ments, or from the private sector, other than project funds 
and funds appropriated and otherwise available to do similar 
work. 
(3) JOINT PROJECTS.—Participating counties or other per-
sons may propose to pool project funds or other funds, described 
in paragraph (2), and jointly propose a project or group of 
projects to a resource advisory committee established under 
section 205. 
(b) REQUIRED DESCRIPTION OF PROJECTS.—In submitting pro-
posed projects to the Secretary concerned under subsection (a), 
a resource advisory committee shall include in the description of 
each proposed project the following information: 
(1) The purpose of the project and a description of how 
the project will meet the purposes of this Act. 
(2) The anticipated duration of the project. 
(3) The anticipated cost of the project. 
(4) The proposed source of funding for the project, whether 
project funds or other funds. 
(5) Expected outcomes, including how the project will meet 
or exceed desired ecological conditions, maintenance objectives, 
or stewardship objectives, as well as an estimation of the 
amount of any timber, forage, and other commodities and other 
economic activity, including jobs generated, if any, anticipated 
as part of the project. 
(6) A detailed monitoring plan, including funding needs 
and sources, that tracks and identifies the positive or negative 
impacts of the project, implementation, and provides for valida-
tion monitoring. The monitoring plan shall include an assess-
ment of the following: Whether or not the project met or 
79-194 O - 00 - 32 : QL 3 Part 2 
114 STAT. 1616 
PUBLIC LAW 106-393—OCT. 30, 2000 
exceeded desired ecological conditions; created local employ-
ment or training opportunities, including summer youth jobs 
programs such as the Youth Conservation Corps where appro-
priate; and whether the project improved the use of, or added 
value to, any products removed from lands consistent with 
the purposes of this Act. 
(7) An assessment that the project is to be in the public 
interest. 
(c) AUTHORIZED PROJECTS.—Projects proposed under subsection 
(a) shall be consistent with section 2(b). 
16 use 500 note. 
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 resource advisory committee under section 203 
only if the proposed project satisfies each of the following conditions: 
(1) The project complies with all applicable Federal laws 
and regulations. 
(2) The project is consistent with the applicable resource 
management plan and with any watershed or subsequent plan 
developed pursuant to the resource management plan and 
approved by the Secretary concerned. 
(3) The project has been approved by the resource advisory 
committee in accordance with section 205, including the proce-
dures issued under subsection (e) of such section. 
(4) A project description has been submitted by the resource 
advisory committee to the Secretary concerned in accordance 
with section 203. 
(5) The project will improve the maintenance of existing 
infrastructure, implement stewardship objectives that enhance 
forest ecosystems, and restore and improve land health and 
water quality. 
(b) ENVIRONMENTAL REVIEWS.— 
(1) PAYMENT OF REVIEW COSTS.— 
(A) REQUEST FOR PAYMENT BY COUNTY.—The Secretary 
concerned may request the resource advisory committee 
submitting a proposed project to agree to the use of project 
funds to pay for any environmental review, consultation, 
or compliance with applicable environmental laws required 
in connection with the project. When such a payment is 
requested and the resource advisory committee agrees to 
the expenditure of funds for this purpose, the Secretary 
concerned shall conduct environmental review, consulta-
tion, or other compliance responsibilities in accordance with 
Federal law and regulations. 
(B) EFFECT OF REFUSAL TO PAY.—If a resource advisory 
committee does not agree to the expenditure of funds under 
< 
subparagraph (A), the project shall be deemed withdrawn 
from further consideration by the Secretary concerned 
pursuant to this title. Such a withdrawal shall be deemed 
to be a rejection of the project for purposes of section 
207(c). 
(c) DECISIONS OF SECRETARY CONCERNED.— 
(1) REJECTION OF PROJECTS.—A decision by the Secretary 
concerned to reject a proposed project shall be at the Secretarj^s 
sole discretion. Notwithstanding any other provision of law, 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1617 
a decision by the Secretary concerned to reject a proposed 
project shall not be subject to administrative appeal or judicial 
review. Within 30 days after making the rejection decision, 
the Secretary concerned shall notify in writing the resource 
advisory committee that submitted the proposed project of the 
rejection and the reasons for rejection. 
(2) NOTICE OF PROJECT APPROVAL.—^The Secretary con-
cerned shall publish in the Federal Register notice of each 
project approved under subsection (a) if such notice would 
be required had the project originated with the Secretary. 
(d) SOURCE AND CONDUCT OF PROJECT.—Once the Secretary 
concerned accepts a project for review under section 203, it shall 
be deemed a Federal action for all purposes. 
(e) IMPLEMENTATION OF APPROVED PROJECTS.— 
(1) COOPERATION.—^Notwithstanding chapter 63 of title 31, 
United States Code, using project funds the Secretary concerned 
may enter into contracts, grants, and cooperative agreements 
with States and local governments, private and nonprofit enti-
ties, and landowners and other persons to assist the Secretary 
in carrying out an approved project. 
(2) BEST VALUE CONTRACTING.—For any project involving 
a contract authorized by paragraph (1) the Secretary concerned 
may elect a source for performance of the contract on a best 
value basis. The Secretary concerned shall determine best value 
based on such factors as: 
(A) The technical demands and complexity of the work 
to be done. 
(B) The ecological objectives of the project and the 
sensitivity of the resources being treated. 
(C) The past experience by the contractor with the 
t5rpe of work being done, using the type of equipment 
proposed for the project, and meeting or exceeding desired 
ecological conditions. 
(D) The commitment of the contractor to hiring highly 
qualified workers and local residents. 
(3) MERCHANTABLE MATERIAL CONTRACTING PILOT PRO-
GRAM.— 
(A) ESTABLISHMENT.—^The Secretary concerned shall 
establish a pilot program to implement a certain percentage 
of approved projects involving the sale of merchantable 
material using separate contracts for— 
(i) the harvesting or collection of merchantable 
materisd; and 
(ii) the sale of such material. 
(B) ANNUAL PERCENTAGES.—Under the pilot program, 
the Secretary concerned shall ensure that, on a nationwide 
basis, not less than the following percentage of all approved 
projects involving the sale of merchantable materisil are 
implemented using separate contracts: 
(i) For fiscal year 2001, 15 percent, 
(ii) For fiscal year 2002, 25 percent, 
(iii) For fiscal year 2003, 25 percent, 
(iv) For fiscal year 2004, 50 percent. 
(v) For fiscal year 2005, 50 percent, 
(vi) For fiscal year 2006, 50 percent. 
(C) 
INCLUSION 
IN PILOT 
PROGRAM.—^The 
decision 
whether to use separate contracts to implement a project 
Deadline. 
Notification. 
Federal Register, 
publication. 
114 STAT. 1618 
PUBLIC LAW 106-393—OCT. 30, 2000 
involving the sale of merchantable material shall be made 
by the Secretary concerned after the approval of the project 
under this title. 
(D) ASSISTANCE.—^The Secretary concerned may use 
funds from any appropriated account available to the Sec-
retary for the Federal lands to assist in the administration 
of projects conducted under the pilot program. The total 
amount obligated under this subparagraph may not exceed 
$1,000,000 for any fiscal year during which the pilot pro-
gram is in effect. 
Deadline. 
(E) REVIEW AND REPORT.—^Not later than September 
30, 2003, the Comptroller General shall submit to the 
Committee on Agriculture, Nutrition, and Forestry of the 
Senate, the Committee on Energy and Natural Resources 
of the Senate, the Committee on Agriculture of the House 
of Representatives, and the Committee on Resources of 
the House of Representatives a report assessing the pilot 
program. The Secretary concerned shall submit to such 
committees an annual report describing the results of the 
pilot program, 
(f) REQUIREMENTS FOR PROJECT FUNDS.—^The Secretary shall 
ensure that at least 50 percent of all project funds be used for 
projects that are primarily dedicated— 
(1) to road maintenance, decommissioning, or obliteration; 
or 
(2) to restoration of streams and watersheds. 
16 u s e 500 note. 
SEC. 205. RESOURCE ADVISORY COMMITTEES. 
(a) 
ESTABLISHMENT AND PURPOSE OF RESOURCE ADVISORY 
COMMITTEES.— 
(1) ESTABLISHMENT.—^The Secretary concerned shall estab-
lish and maintain resource advisory committees to perform 
the duties in subsection (b), except as provided in paragraph 
(4). 
(2) PURPOSE.—^The purpose of a resource advisory com-
mittee shall be to improve collaborative relationships and to 
provide advice and recommendations to the land management 
agencies consistent with the purposes of this Act. 
(3) 
ACCESS 
TO RESOURCE 
ADVISORY COMMITTEES.—To 
ensure that each unit of Federal land has access to a resource 
advisory committee, and that there is sufficient interest in 
participation on a committee to ensure that membership can 
be balanced in terms of the points of view represented and 
the functions to be performed, the Secretary concerned may, 
establish resource advisory committees for part of, or one or 
more, units of Federal lands. 
(4) 
EXISTING ADVISORY COMMITTEES.—Existing advisory 
committees meeting the requirements of this section may be 
deemed by the Secretary concerned, as a resource advisory 
committee for the purposes of this title. The Secretary of the 
Interior may deem a resource advisory committee meeting the 
requirements of subpart 1784 of part 1780 of title 43, Code 
of Federal Regulations, as a resource advisory committee for 
the purposes of this title. 
(b) DUTIES.—^A resource advisory committee shall— 
(1) review projects proposed under this title by participating 
counties and other persons; 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1619 
(2) propose projects and funding to the Secretary concerned 
under section 203; 
(3) provide early and continuous coordination with appro-
priate land management agency officials in recommending 
projects consistent with purposes of this Act under this title; 
and 
(4) provide frequent opportunities for citizens, organiza-
tions, tribes, land management agencies, and other interested 
parties to participate openly and meaningfully, beginning at 
the early stages of the project development process under this 
title. 
(c) APPOINTMENT BY THE SECRETARY.— 
(1) APPOINTMENT AND TERM.—^The Secretary concerned, 
shall appoint the members of resource advisory committees 
for a term of 3 years beginning on the date of appointment. 
The Secretary concerned may reappoint members to subsequent 
3-year terms. 
(2) BASIC REQUIREMENTS.—^The Secretary concerned shall 
ensure that each resource advisory committee established meets 
the requirements of subsection (d). 
(3) INITIAL APPOINTMENT.—^The Secretary concerned shall Deadline, 
make initial appointments to the resource advisory committees 
not later than 180 days after the date of the enactment of 
this Act. 
(4) VACANCIES.—^The Secretary concerned shall make 
appointments to fill vacancies on any resource advisory com-
mittee as soon as practicable after the vacancy has occurred. 
(5) COMPENSATION.—^Members of the resource advisory 
committees shall not receive any compensation. 
(d) COMPOSITION OF ADVISORY COMMITTEE.— 
(1) NUMBER.—^Each resource advisory committee shall be 
comprised of 15 members. 
(2) 
COMMUNITY 
INTERESTS 
REPRESENTED.—Committee 
members shall be representative of the interests of the following 
three categories: 
(A) five persons who— 
(i) represent organized labor; 
(ii) represent developed outdoor recreation, off 
highway vehicle users, or commercial recreation activi-
ties; 
(iii) represent energy and mineral development 
interests; 
(iv) represent the commercial timber industry; or 
(v) hold Federal grazing permits, or other land 
use permits within the area for which the committee 
is organized. 
(B) five persons representing— 
(i) nationally recognized environmental organiza-
tions; 
(ii) regionally or locally recognized environmental 
organizations; 
(iii) dispersed recreational activities; 
(iv) archaeological and historical interests; or 
(v) nationally or regionally recognized wild horse 
and burro interest groups. 
(C) five persons who— 
(i) hold State elected office or their designee; 
114 STAT. 1620 
PUBLIC LAW 106-393—OCT. 30, 2000 
(ii) hold county or local elected office; 
(iii) represent American Indian tribes within or 
adjacent to the area for which the committee is orga-
nized; 
(iv) are school officials or teachers; or 
(v) represent the affected public at large. 
(3) BALANCED REPRESENTATION.—In appointing committee 
members from the three categories in paragraph (2), the Sec-
retary concerned shall provide for balanced and broad represen-
tation from within each category. 
(4) GEOGRAPHIC DISTRIBUTION.—The members of a resource 
advisory committee shall reside within the State in which the 
committee has jurisdiction and, to extent practicable, the Sec-
retary concerned shall ensure local representation in each cat-
egory in paragraph (2). 
(5) CHAIRPERSON.—A majority on each resource advisory 
committee shall select the chairperson of the committee. 
(e) APPROVAL PROCEDURES.—(1) Subject to paragraph (2), each 
resource advisory committee shall establish procedures for pro-
posing projects to the Secretary concerned under this title. A 
quorum must be present to constitute an official meeting of the 
committee. 
(2) A project may be proposed by a resource advisory committee 
to the Secretary concerned under section 203(a), if it has been 
approved by a majority of members of the committee from each 
of the three categories in subsection (d)(2). 
(f) OTHER COMMITTEE AUTHORITIES AND REQUIREMENTS.— 
(1) STAFF ASSISTANCE.—A resource advisory committee may 
submit to the Secretary concerned a request for periodic staff 
assistance from Federal employees under the jurisdiction of 
the Secretary. 
(2) MEETINGS.—^All meetings of a resource advisory com-
mittee 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 resource advisory committee shall main-
tain records of the meetings of the committee and make the 
records available for public inspection. 
16 u s e 500 note. 
SEC. 206. USE OF PRO 
JECT FUNDS. 
(a) AGREEMENT REGARDING SCHEDULE AND COST OF PROJECT.— 
(1) AGREEMENT BETWEEN PARTIES.—The Secretary con-
cerned may carry out a project submitted by a resource advisory 
committee under section 203(a) using project funds or other 
funds described in section 203(a)(2), if, as soon as practicable 
after the issuance of a decision document for the project and 
the exhaustion of all administrative appeals and judicial review 
of the project decision, the Secretary concerned and the resource 
advisory committee enter into an agreement addressing, at 
a minimum, the following: 
(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 multiyear project, the estimated cost of the 
project for each of the fiscal years in which it will be 
carried out. 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1621 
(D) The remedies for failure of the Secretary concerned 
to comply with the terms of the agreement consistent with 
current Federal law. 
(2) LIMITED USE OF FEDERAL FUNDS.—^The Secretary con-
cerned 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, or other funds described in section 203(a)(2), the Sec-
retary concerned shall transfer to the applicable unit of 
National Forest System lands or BLM District 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 specified in the agreement 
to be paid using project funds, or other funds described 
in section 203(a)(2); or 
(B) in the case of a multiyear project, the amount 
specified in the agreement to be paid using project funds, 
or other funds described in section 203(a)(2) for the first 
fiscal year. 
(2) CONDITION ON PROJECT COMMENCEMENT.—^The unit of 
National Forest System lands or BLM District concerned, shall 
not commence a project until the project funds, or other funds 
described in section 203(a)(2) required to be transferred under 
paragraph (1) for the project, have been made available by 
the Secretary concerned. 
(3) SUBSEQUENT TRANSFERS FOR MULTIYEAR PROJECTS.— 
For the second and subsequent fiscal years of a multiyear 
project to be funded in whole or in part using project funds, 
the unit of National Forest System lands or BLM District 
concerned shall use the amount of project funds required to 
continue the project in that fiscal year according to the agree-
ment entered into under subsection (a). The Secretary con-
cerned shall suspend work on the project if the project funds 
required by the agreement in the second and subsequent fiscal 
years are not available. 
SEC. 207. AVAILABILITY OF PROJECT FUNDS. 
16 USC 500 note. 
(a) SUBMISSION OF PROPOSED PROJECTS TO OBLIGATE FUNDS.— 
By September 30 of each fiscal year through fiscal year 2006, Deadline, 
a resource advisory committee shall submit to the Secretary con-
cerned 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 reserved by the partici-
pating county in the preceding fiscal year. 
(b) USE OR TRANSFER OF UNOBLIGATED FUNDS.—Subject to 
section 208, if a resource advisory committee fails to comply with 
subsection (a) for a fiscal year, any project funds reserved by the 
participating county in the preceding fiscal year and remaining 
unobligated shall be available for use as part of the project submis-
sions in the next fiscal year. 
(c) EFFECT OF REJECTION OF PROJECTS.—Subject to section 
208, any project funds reserved by a participating county in the 
114 STAT. 1622 
PUBLIC LAW 106-393—OCT. 30, 2000 
preceding fiscal year 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 use as part of the project 
submissions in the next fiscal year. 
(d) EFFECT OF COURT ORDERS.—If an approved project under 
this Act is enjoined or prohibited by a Federal court, the Secretary 
concerned shall return the unobligated project funds related to 
that project to the participating county or counties that reserved 
the funds. The returned funds shall be available for the county 
to expend in the same manner as the funds reserved by the county 
under section 102(d)(l)(B)(i) or 103(c)(l)(B)(i), whichever applies 
to the funds involved. 
16 u s e 500 note. 
SEC. 208. TERMINATION OF AUTHORITY. 
The authority to initiate projects under this title shall terminate 
on September 30, 2006. Any project funds not obligated by Sep-
tember 30, 2007, shall be deposited in the Treasury of the United 
States. 
TITLE III—COUNTY PROJECTS 
16 u s e 500 note. 
SEC. 301. DEFINITIONS. 
In this title: 
(1) 
PARTICIPATING 
COUNTY.—^The 
term 
"participating 
county" means an eligible county that elects under section 
102(d)(l)(B)(ii) or 103(c)(l)(B)(ii) to expend a portion of the 
Federal funds received under section 102 or 103 in accordance 
with this title. 
(2) COUNTY FUNDS.—^The term "county funds" means all 
funds an eligible county elects under sections 102(d)(l)(B)(ii) 
and 103(c)(lXB)(ii) to reserve for expenditure in accordance 
with this title. 
16 u s e 500 note. 
SEC. 302. USE OF COUNTY FUNDS. 
(a) LIMITATION ON COUNTY FUND USE.—County funds shall 
be expended solely on projects that meet the requirements of this 
title. A project under this title shall be approved by the participating 
county only following a 45-day public comment period, at the begin-
ning of which the county shall— 
(1) publish a description of the proposed project in the 
publications of local record; and 
(2) send the proposed project to the appropriate resource 
advisory committee established under section 205, if one exists 
for the county. 
(b) AUTHORIZED USES.— 
(1) 
SEARCH, 
RESCUE, 
AND 
EMERGENCY 
SERVICES.—An 
eligible county or applicable sheriffs department may use these 
funds as reimbursement for search and rescue and other emer-
gency services, including fire fighting, performed on Federal 
lands and paid for by the county. 
(2) COMMUNITY SERVICE WORK CAMPS.—An eligible county 
may use these funds as reimbursement for all or part of the 
costs incurred by the county to pay the salaries and benefits 
of county employees who supervise adults or juveniles per-
forming mandatory community service on Federal lands. 
(3) EASEMENT PURCHASES.—^An eligible county may use 
these fiinds to acquire— 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1623 
(A) easements, on a willing seller basis, to provide 
for nonmotorized access to public lands for hunting, fishing, 
and other recreational purposes; 
(B) conservation easements; or 
(C)both. 
(4) 
FOREST 
RELATED 
EDUCATIONAL 
OPPORTUNITIES.—A 
county may use these funds to establish and conduct forest-
related after school programs. 
(5) FIRE PREVENTION AND COUNTY PLANNING.—A county 
may use these funds for— 
(A) efforts to educate homeowners in fire-sensitive eco-
systems about the consequences of wildfires and techniques 
in home siting, home construction, and home landscaping 
that can increase the protection of people and property 
from wildfires; and 
(B) planning efforts to reduce or mitigate the impact 
of development on adjacent Federal lands and to increase 
the protection of people and property from wildfires. 
(6) COMMUNITY FORESTRY.—^A county may use these funds 
towards non-Federal cost-share requirements of section 9 of 
the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
2105). 
SEC. 303. TERMINATION OF AUTHORITY. 
16 USC 500 note. 
The authority to initiate projects under this title shall terminate 
on September 30, 2006. Any county funds not obligated by Sep-
tember 30, 2007 shall be available to be expended by the county 
for the uses identified in section 302(b). 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 500 note. 
There are hereby authorized to be appropriated such sums 
as may be necessary to carry out this Act for fiscal years 2001 
through 2006. 
SEC. 402. TREATMENT OF FUNDS AND REVENUES. 
16 USC 500 note. 
(a) RELATION TO OTHER APPROPRIATIONS.—^Funds appropriated 
pursuant to the authorization of appropriations in section 401 and 
funds made available to a Secretary concerned under section 206 
shall be in addition to any other annual appropriations for the 
Forest Service and the Bureau of Land Management. 
(b) DEPOSIT OF REVENUES AND OTHER FUNDS.^AII revenues 
generated from projects pursuant to title II, any funds remitted 
by 
counties 
pursuant to section 
102(d)(l)(B)(iii) or section 
103(c)(l)(B)(iii), and any interest accrued from such funds shall 
be deposited in the Treasury of the United States. 
SEC. 403. REGULATIONS. 
16 USC 500 note. 
The Secretaries concerned may jointly issue regulations to carry 
out the purposes of this Act. 
SEC. 404. CONFORMING AMENDMENTS. 
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. 
118 If note) are repealed. 
114 STAT. 1624 
PUBLIC LAW 106-393—OCT. 30, 2000 
TITLE V—MINERAL REVENUE 
PAYMENTS CLARIFICATION 
Mineral Revenue 
Payments 
Clarification Act 
of2000. 
30 u s e 181 note. 
SEC. 501. SHORT TITLE. 
This title may be cited as the "Mineral Revenue Payments 
Clarification Act of 2000". 
30 u s e 191 note. 
SEC. 502. FINDINGS. 
The Congress finds the following: 
(1) Section 10201 of the Omnibus Budget Reconciliation 
Act of 1993 (Public Law 103-66; 107 Stat. 407) amended section 
35 of the Mineral Leasing Act (30 U.S.C. 191) to change the 
sharing of onshore mineral revenues and revenues from geo-
thermal steam from a 50:50 split between the Federal Govern-
ment and the States to a complicated formula that entailed 
deducting from the State share of leasing revenues "50 percent 
of the portion of the enacted appropriations of the Department 
of the Interior and any other agency during the preceding 
fiscal year allocable to the administration of all laws providing 
for the leasing of any onshore lands or interest in land owned 
by the United States for the production of the same types 
of minerals leasable under this Act or of geothermal steam, 
and to enforcement of such laws * * *". 
(2) There is no legislative record to suggest a sound public 
policy 
rationale 
for 
deducting 
prior-year 
administrative 
expenses from the sharing of current-year receipts, indicating 
that this change was made primarily for budget scoring reasons. 
(3) The system put in place by this change in law has 
proved difficult to administer and has given rise to disputes 
between the Federal Government and the States as to the 
nature of allocable expenses. Federal accounting systems have 
proven to be poorly suited to breaking down administrative 
costs in the manner required by the law. Different Federal 
agencies implementing this law have used var3dng methodolo-
gies to identify allocable costs, resulting in an inequitable dis-
tribution of costs during fiscal years 1994 through 1996. In 
November 1997, the Inspector General of the Department of 
the Interior found that "the congressionally approved method 
for cost sharing deductions effective in fiscal year 1997 may 
not accurately compute the deductions". 
(4) Given the lack of a substantive rationale for the 1993 
change in law and the complexity and administrative burden 
involved, a return to the sharing formula prior to the enactment 
of the Omnibus Budget Reconciliation Act of 1993 is justified. 
SEC. 503. AMENDMENT OF THE MINERAL LEASING ACT. 
Section 35(b) of the Mineral Leasing Act (30 U.S.C. 191(b)) 
is amended to read as follows: 
"(b) In determining the amount of payments to the States 
under this section, the amount of such payments shall not be 
reduced by any administrative or other costs incurred by the United 
States.". 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1625 
TITLE VI—COMMUNITY FOREST 
RESTORATION 
Community 
Forest 
Restoration Act. 
SEC. 601. SHORT TITLE. 
This title may be cited as the "Community Forest Restoration 
Act". 
SEC. 602. FINDINGS. 
The Congress finds the following: 
(1) A century of fire suppression, logging, and livestock 
grazing has altered the ecological balance of New Mexico's 
forests. 
(2) Some forest lands in New Mexico contain an unnaturally 
high number of small diameter trees that are subject to large, 
high intensity wildfires that can endanger human lives, liveli-
hoods, and ecological stability. 
(3) Forest lands that contain an unnaturally high number 
of small diameter trees have reduced biodiversity and provide 
fewer benefits to human communities, wildlife, and watersheds. 
(4) Healthy and productive watersheds minimize the threat 
of large, high intensity wildfires, provide abundant and diverse 
wildlife habitat, and produce a variety of timber and non-
timber products including better quality water and increased 
water flows. 
(5) Restoration efforts are more successful when there is 
involvement from neighboring communities and better steward-
ship will evolve from more diverse involvement. 
(6) Designing demonstration restoration projects through 
a collaborative approach may— 
(A) lead to the development of cost effective restoration 
activities; 
(B) empower diverse organizations to implement activi-
ties which value local and traditional knowledge; 
(C) build ownership and civic pride; and 
(D) ensure healthy, diverse, and productive forests and 
watersheds. 
SEC. 603. PURPOSES. 
The purposes of this title are— 
(1) to promote healthy watersheds and reduce the threat 
of large, high intensity wildfires, insect infestation, and disease 
in the forests in New Mexico; 
(2) to improve the functioning of forest ecosystems and 
enhance plant and wildlife biodiversity by reducing the unnatu-
rally high number and density of small diameter trees on 
Federal, Tribal, State, County, and Municipal forest lands; 
(3) to improve communication and joint problem solving 
among individuals and groups who are interested in restoring 
the diversity and productivity of forested watersheds in New 
Mexico; 
(4) to improve the use of, or add value to, small diameter 
trees; 
(5) to encourage sustainable communities and sustainable 
forests through collaborative partnerships, whose objectives are 
forest restoration; and 
New Mexico. 
114 STAT. 1626 
PUBLIC LAW 106-393—OCT. 30, 2000 
(6) to develop, demonstrate, and evaluate ecologically sound 
forest restoration techniques. 
SEC. 604. DEFINITIONS. 
As used in this title— 
(1) the term "Secretar)^' means the Secretary of Agriculture 
acting through the Chief of the Forest Service; and 
(2) the term "stakeholder" includes: tribal governments, 
educational institutions, landowners, and other interested 
public and private entities. 
SEC. 605. ESTABLISHMENT OF PROGRAM. 
<a) FOREST RESTORATION PROGRAM.—^The Secretary shall estab-
lish a cooperative forest restoration program in New Mexico in 
order to provide cost-share grants to stakeholders for experimental 
forest restoration projects that are designed through a collaborative 
process (hereinafter referred to as the "Collaborative Forest Restora-
tion Program"). The projects may be entirely on, or on any combina-
tion of. Federal, Tribal, State, County, or Municipal forest lands. 
The Federal share of an individual project cost shall not exceed 
80 percent of the total cost. The 20-percent matching may be 
in the form of cash or in-kind contribution. 
(b) ELIGIBILITY REQUIREMENTS.—^To be eligible to receive 
funding under this title, a project shall— 
(1) address the following objectives— 
(A) reduce the threat of large, high intensity wildfires 
and the negative effects of excessive competition between 
trees by restoring ecosystem functions, structures, and spe-
cies composition, including the reduction of non-native spe-
cies populations; 
(B) re-establish fire regimes approximating those that 
shaped forest ecosystems prior to fire suppression; 
(C) preserve old and large trees; 
(D) replant trees in deforested areas if they exist in 
the proposed project area; and 
(E) improve the use of, or add value to, small diameter 
trees; 
(2) comply with all Federal and State environmental laws; 
(3) include a diverse and balanced group of stakeholders 
as well as appropriate Federal, Tribal, State, County, and 
Municipal 
government 
representatives 
in 
the 
design, 
implementation, and monitoring of the project; 
(4) incorporate current scientific forest restoration informa-
tion; and 
(5) include a multiparty assessment to— 
(A) identify both the existing ecological condition of 
the proposed project area and the desired future condition; 
and 
(B) report, upon project completion, on the positive 
or negative impact and effectiveness of the project including 
improvements in local management skills and on the 
ground results; 
(6) create local emplo3niient or training opportunities within 
the context of accomplishing restoration objectives, that are 
consistent with the purposes of this title, including summer 
youth jobs programs such as the Youth Conservation Corps 
where appropriate; 
(7) not exceed 4 years in length; 
PUBLIC LAW 106-393—OCT. 30, 2000 
114 STAT. 1627 
(8) not exceed a total annual cost of $150,000, with the 
Federal portion not exceeding $120,000 annually, nor exceed 
a total cost of $450,000 for the project, with the Federal portion 
of the total cost not exceeding $360,000; 
(9) leverage Federal funding through in-kind or matching 
contributions; and 
(10) include an agreement by each stakeholder to attend 
an annual workshop with other stakeholders for the purpose 
of discussing the cooperative forest restoration program and 
projects implemented under this title. The Secretary shall 
coordinate and fund the annual workshop. Stakeholders may 
use funding for projects authorized under this title to pay 
for their travel and per diem expenses to attend the workshop. 
SEC. 606. SELECTION PROCESS. 
(a) After consulting with the technical advisory panel estab-
lished in subsection (b), the Secretary shall select the proposals 
that will receive funding through the Collaborative Forest Restora-
tion Program. 
(b) The Secretary shall convene a technical advisory panel 
to evaluate the proposals for forest restoration grants and provide 
recommendations regarding which proposals would best meet the 
objectives of the Collaborative Forest Restoration Program. The 
technical advisory panel shall consider eligibility criteria established 
in section 605, the effect on long-term management, and seek to 
use a consensus-based decisionmaking process to develop such rec-
ommendations. The panel shall be composed of 12 to 15 members, 
to be appointed by the Secretary as follows: 
(1) A State Natural Resource official from the State of 
New Mexico. 
(2) At least two representatives from Federal land manage-
ment agencies. 
(3) At least one tribal or pueblo representative. 
(4) At least two independent scientists with experience 
in forest ecosystem restoration. 
(5) Equal representation from— 
(A) conservation interests; 
(B) local communities; and 
(C) commodity interests. 
SEC. 607. MONITORING AND EVALUATION. 
The Secretary shall establish a multiparty monitoring and 
evaluation process in order to assess the cumulative accomplish-
ments or adverse impacts of the Collaborative Forest Restoration 
Program. The Secretary shall include any interested individual 
or organization in the monitoring and evaluation process. The Sec-
retary also shall conduct a monitoring program to assess the short-
and long-term ecological effects of the restoration treatments, if 
any, for a minimum of 15 years. 
SEC. 608. REPORT. 
Deadline. 
No later than 5 years after the first fiscal year in which 
funding is made available for this program, the Secretary shall 
submit a report to the Committee on Energy and Natural Resources 
of the United States Senate and the Committee on Resources of 
the United States House of Representatives. The report shall 
include an assessment on whether, and to what extent, the projects 
114 STAT. 1628 
PUBLIC LAW 106-393—OCT. 30, 2000 
funded pursuant to this title are meeting the purposes of the 
Collaborative Forest Restoration Program. 
SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated $5,000,000 annually 
to carry out this title. 
Approved October 30, 2000. 
LEGISLATIVE HISTORY—H.R. 2389: 
HOUSE REPORTS: No. 106-392, Ft. 1 (Comm. on Agriculture). 
CONGRESSIONAL RECORD: 
Vol. 145 (1999): Nov. 3, considered and passed House. 
Vol. 146 (2000): Oct. 6, considered and passed Senate, amended. 
Oct. 10, House concurred in Senate amendment.