[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2389 Enrolled Bill (ENR)]
H.R.2389
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To restore stability and predictability to the annual payments made to
States and counties containing National Forest System lands and public
domain lands managed by the Bureau of Land Management for use by the
counties for the benefit of public schools, roads, and other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Secure Rural
Schools and Community Self-Determination Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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TITLE I

-SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL

by counties to benefit public education and transportation.

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use to benefit public safety, law enforcement, education, and
other public purposes.

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(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 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 its decision to secure these
lands in Federal ownership, the counties in which these lands are
situated would be deprived of revenues they would otherwise 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 construction 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 determined
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 has
decreased precipitously, so too have the revenues shared with the
affected counties.
(10) This decline in shared revenues has affected educational
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 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 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
maintenance 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 maintenance 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 payments to counties to provide funding for
schools and roads that supplements other available funds.
(2) To make additional investments in, and create additional
employment opportunities through, projects that improve the
maintenance of existing infrastructure, implement stewardship
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 wildlife
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.

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TITLE VI

-COMMUNITY FOREST RESTORATION

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 Resources
Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive 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 permanent forest production.
(2) Eligibility period.--The term ``eligibility 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 payment 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 payments''
means the special payment amounts paid 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).

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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''.
LANDS

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COUNTIES.
(a) Calculation Required.--
(1) Eligible states.--For fiscal years 2001 through 2006, the
Secretary of the Treasury shall calculate for each eligible 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 payment during the
eligibility period an amount equal to the average of the three
highest 50-percent payments and safety net payments made to that
eligible county for the 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 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.

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BY COUNTIES TO BENEFIT PUBLIC EDUCATION AND
TRANSPORTATION.
(a) Payment Amounts.--The Secretary of the Treasury shall pay an
eligible State the sum of the amounts elected under subsection (b) by
each eligible county for either--
(1) the 25-percent payment 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 payment.
(b) Election To Receive Payment Amount.--
(1) Election; submission of results.--The election to receive
either the full payment amount or the 25-percent payment shall be
made at the discretion of each affected county and transmitted to
the Secretary by the Governor of a State.
(2) Duration of election.--A county election to receive the 25-
percent payment 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 Government from activities 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 payment 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), payments
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 subparagraph (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 (1)(B)(i) shall be deposited in
a special account in the Treasury of the United States and
shall be available for expenditure by the Secretary of
Agriculture, without further appropriation, and shall remain
available until expended in accordance with title II.
(B) Treatment of title iii funds.--Funds reserved by an
eligible county under paragraph (1)(B)(ii) shall be available
for expenditure by the county and shall remain available, until
expended, in accordance with title III.
(3) Election.--
(A) In general.--An eligible county shall notify the
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 payments 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.--Notwithstanding 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 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.

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USE TO BENEFIT PUBLIC SAFETY, LAW ENFORCEMENT, EDUCATION,
AND OTHER PUBLIC PURPOSES.
(a) Payment.--The Secretary of the Treasury shall pay an eligible
county either--
(1) the 50-percent payment under the Act of August 28, 1937 (43
U.S.C. 1181f), or the Act of May 24, 1939 (43 U.S.C. 1181f-1) as
appropriate; or
(2) the full payment amount in place of the 50-percent payment.
(b) Election To Receive Full Payment Amount.--
(1) Election; duration.--The election to receive the full
payment amount shall be made at the discretion of the county. Once
the election is made, it shall be effective 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 Government 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 50-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 subparagraph (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 (1)(B)(i) shall be deposited in
a special account in the Treasury of the United States and
shall be available for expenditure by the Secretary of the
Interior, without further appropriation, and shall remain
available until expended in accordance with title II.
(B) Treatment of title iii funds.--Funds reserved by an
eligible county under paragraph (1)(B)(ii) shall be available
for expenditure by the county and shall remain available, until
expended, in accordance with title III.
(3) Election.--An eligible county shall notify the Secretary 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 payments 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.

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In this title:
(1) Participating county.--The term ``participating county''
means an eligible county that elects under section 102(d)(1)(B)(i)
or 103(c)(1)(B)(i) to expend a portion of the Federal 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)(1)(B)(i) and
103(c)(1)(B)(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 concerned''
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).

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TITLE II

-SPECIAL PROJECTS ON FEDERAL LANDS

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 implementing 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.

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(a) Submission of Project Proposals to Secretary Concerned.--
(1) Projects funded using project funds.--Not later 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 governments, 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 persons
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 proposed
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 validation
monitoring. The monitoring plan shall include an assessment of the
following: Whether or not the project met or exceeded desired
ecological conditions; created local employment or training
opportunities, including summer youth jobs programs such as the
Youth Conservation Corps where appropriate; 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).

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(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 procedures
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, consultation, 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 Secretary's
sole discretion. Notwithstanding any other provision of law, 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 concerned 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 entities, 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 type 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 program.--
(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
material; 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 material 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 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 Secretary 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 program is in effect.
(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.

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(a) Establishment and Purpose of Resource Advisory Committees.--
(1) Establishment.--The Secretary concerned shall establish 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 committee
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;
(2) propose projects and funding to the Secretary concerned
under section 203;
(3) provide early and continuous coordination with appropriate
land management agency officials in recommending projects
consistent with purposes of this Act under this title; and
(4) provide frequent opportunities for citizens, organizations,
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 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 committee 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 activities;
(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 organizations;
(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;
(ii) hold county or local elected office;
(iii) represent American Indian tribes within or
adjacent to the area for which the committee is organized;
(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 Secretary concerned
shall provide for balanced and broad representation 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
Secretary concerned shall ensure local representation in each
category 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 proposing
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 committee
shall be announced at least one week in advance in a local
newspaper of record and shall be open to the public.
(3) Records.--A resource advisory committee shall maintain
records of the meetings of the committee and make the records
available for public inspection.

3245250622dd18e3a6032abe697c284f63815d4c03eb2dbce3084bb10b8ed253

(a) Agreement Regarding Schedule and Cost of Project.--
(1) Agreement between parties.--The Secretary concerned 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.
(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 concerned may
decide, at the Secretary's sole discretion, to cover the costs of a
portion of an approved project using Federal funds appropriated or
otherwise available to the Secretary for the same purposes as the
project.
(b) Transfer of Project Funds.--
(1) Initial transfer required.--As soon as practicable after
the agreement is reached under subsection (a) with regard to a
project to be funded in whole or in part using project funds, or
other funds described in section 203(a)(2), the Secretary 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 agreement entered into under
subsection (a). The Secretary concerned shall suspend work on the
project if the project funds required by the agreement in the
second and subsequent fiscal years are not available.

f2c7ed9bb2d39b7a43e9404946dc59dd1af3d37dc1612232b3b8610ce2d8efd1

(a) Submission of Proposed Projects To Obligate Funds.--By
September 30 of each fiscal year through fiscal year 2006, a resource
advisory committee shall submit to the Secretary concerned pursuant to
section 203(a)(1) a sufficient number of project proposals that, if
approved, would result in the obligation of at least the full amount of
the project funds reserved by the participating 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 submissions 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 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)(1)(B)(i) or 103(c)(1)(B)(i), whichever applies to the funds
involved.

2bf66d7656a3238037e12dbc77e475e3226ebd6c4c670360161e10892cde5a68

The authority to initiate projects under this title shall terminate
on September 30, 2006. Any project funds not obligated by September 30,
2007, shall be deposited in the Treasury of the United States.

701eb724eff3133facaf1b0222596e316a49c956ee4d0bc87761c51c7f17a0d6

In this title:
(1) Participating county.--The term ``participating county''
means an eligible county that elects under section 102(d)(1)(B)(ii)
or 103(c)(1)(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)(1)(B)(ii) and
103(c)(1)(B)(ii) to reserve for expenditure in accordance with this
title.

08a71b4a3ee5f50c27b48ca7e3c1bb1638c40dc647e8cc183895d1866e8fb56a

TITLE III

-COUNTY PROJECTS

(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 beginning 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 sheriff's department may use these funds as
reimbursement for search and rescue and other emergency 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 performing mandatory community
service on Federal lands.
(3) Easement purchases.--An eligible county may use these funds
to acquire--
(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
ecosystems 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).

e913461f47cacd57b08bfb245909ac3a256c81167b438a5af778e79b90a4c107

The authority to initiate projects under this title shall terminate
on September 30, 2006. Any county funds not obligated by September 30,
2007 shall be available to be expended by the county for the uses
identified in section 302(b).

d2eccd05e775a07a92fa7d39397487403c123da053307927900f3232ba8a004d

There are hereby authorized to be appropriated such sums as may be
necessary to carry out this Act for fiscal years 2001 through 2006.

3d215faea350a1156175cc1ebcdb1d69799d4b3c83d8695cfb8353b9f9e379e4

TITLE IV

-MISCELLANEOUS PROVISIONS

(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.--All revenues generated
from projects pursuant to title II, any funds remitted by counties
pursuant to section 102(d)(1)(B)(iii) or section 103(c)(1)(B)(iii), and
any interest accrued from such funds shall be deposited in the Treasury
of the United States.

22fe114bcda468777b94b7e657598346b25d9cc7c98cd7d3e5384db338c1cda0

The Secretaries concerned may jointly issue regulations to carry
out the purposes of this Act.

ec63ef600d1cc895fc84273db8bdcb9c850f34b5c428d2fe73716bbdf012ed8c

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)
are repealed.

2a1f198308446ca09c7f4f3bfe76059646b22f1d25c7349038692182371f550a

This title may be cited as the ``Mineral Revenue Payments
Clarification Act of 2000''.

326abc2a7577ea5f6534f04e3cfd9b74ffb261c5f1d29b9d8979e0ff35457242

TITLE V

-MINERAL REVENUE PAYMENTS CLARIFICATION

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 geothermal steam from a
50:50 split between the Federal Government 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 varying methodologies to identify allocable costs, resulting
in an inequitable distribution 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.

94c3f94535ce2f3fa5b1e48d044ae4cefd77190f5bb41a73b78340f2a7ef5adf

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.''.

3d4b7fc41ece61a8cccd73ff178a4d6626311287149e2caef58cf3e25b9166ed

This title may be cited as the ``Community Forest Restoration
Act''.

93625d6e9aab04137764859716b94481263af0823f650abaf7bd8a81c547e86c

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, livelihoods, 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 stewardship
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 activities
which value local and traditional knowledge;
(C) build ownership and civic pride; and
(D) ensure healthy, diverse, and productive forests and
watersheds.

c3cf99e4c887112833d3075bb35db543badfd0eb3eaaa8a530f4dc9686ecf0fe

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 unnaturally 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
(6) to develop, demonstrate, and evaluate ecologically sound
forest restoration techniques.

d4068e17434ec85516100b721ec80543bcde139a04bd9365ef4a2e6d3b34ad53

As used in this title--
(1) the term ``Secretary'' 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.

013ca659a5568bdab0b6b942f8736917c9c3585cfe240a7a2c16dfe59cf94c28

(a) Forest Restoration Program.--The Secretary shall establish 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 Restoration
Program''). The projects may be entirely on, or on any combination 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 species
composition, including the reduction of non-native species
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
information; 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 employment 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;
(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.

897c0667347b0b4f442aae1b6f6ef7d8015335dcff344561302cbe1925450047

(a) After consulting with the technical advisory panel established
in subsection (b), the Secretary shall select the proposals that will
receive funding through the Collaborative Forest Restoration 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
recommendations. 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 management
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.

cf6d8f7c779f644012f6ee77c83453b6f8fbd1e38245993bda4d543e19d1e3ac

The Secretary shall establish a multiparty monitoring and
evaluation process in order to assess the cumulative accomplishments 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 Secretary 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.

37c6b8f85f726e95b2ded1571600d639e29a048e678b1e1c6608e7f2f3526778

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 funded pursuant to this title are meeting
the purposes of the Collaborative Forest Restoration Program.

97f50226c2101edbe35f0887678b5be11159c15de903ca17e1817ea0bbc4d9d7

There are authorized to be appropriated $5,000,000 annually to
carry out this title.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

f6d5c0edc2d20395d486d4e94813129dff2d5126a68047a4fe7e59e9115ae42d

Secure Rural Schools and Community Self-Determination Act of 2000

Other Sections