§ 500. — Payment and evaluation of receipts to State or Territory for schools and roads; moneys received; projections of revenues and estimated payments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC500]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 500. Payment and evaluation of receipts to State or
Territory for schools and roads; moneys received; projections of
revenues and estimated payments
On and after May 23, 1908, twenty-five per centum of all moneys
received during any fiscal year from each national forest shall be paid,
at the end of such year, by the Secretary of the Treasury to the State
or Territory in which such national forest is situated, to be expended
as the State or Territorial legislature may prescribe for the benefit of
the public schools and public roads of the county or counties in which
such national forest is situated: Provided, That when any national
forest is in more than one State or Territory or county the distributive
share to each from the proceeds of such forest shall be proportional to
its area therein. In sales of logs, ties, poles, posts, cordwood,
pulpwood, and other forest products the amounts made available for
schools and roads by this section shall be based upon the stumpage value
of the timber. Beginning October 1, 1976, the term ``moneys received''
shall include all collections under the Act of June 9, 1930, and all
amounts earned or allowed any purchaser of national forest timber and
other forest products within such State as purchaser credits, for the
construction of roads on the National Forest Transportation System
within such national forests or parts thereof in connection with any
Forest Service timber sales contract. The Secretary of Agriculture
shall, from time to time as he goes through his process of developing
the budget revenue estimates, make available to the States his current
projections of revenues and payments estimated to be made under the Act
of May 23, 1908, as amended, or any other special Acts making payments
in lieu of taxes, for their use for local budget planning purposes.
(May 23, 1908, ch. 192, 35 Stat. 260; Mar. 1, 1911, ch. 186, Sec. 13, 36
Stat. 963; June 30, 1914, ch. 131, 38 Stat. 441; Sept. 21, 1944, ch.
412, title II, Sec. 212, 58 Stat. 737; Apr. 24, 1950, ch. 97,
Sec. 17(b), 64 Stat. 87; Pub. L. 94-588, Sec. 16, Oct. 22, 1976, 90
Stat. 2961.)
References in Text
Act of June 9, 1930, referred to in text, is act June 9, 1930, ch.
416, 46 Stat. 527, as amended, popularly known as the Knutson-Vandenberg
Act, which is classified generally to sections 576, 576a, and 576b of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 576 of this title and Tables.
Act of May 23, 1908, referred to in text, is act May 23, 1908, ch.
192, 35 Stat. 251, as amended. A portion of that act appearing at 35
Stat. 260 is classified to this section. For complete classification of
this Act to the Code, see Tables.
Codification
``National forest'' substituted in text for ``forest reserve'' the
first, third and fourth time appearing, and for ``reserve'' the second
time appearing, and ``forest'' substituted for ``reserve'', on authority
of act Mar. 4, 1907, ch. 2907, 34 Stat. 1269, which provided that forest
reserves shall hereafter be known as national forests.
Section is a combination of acts May 23, 1908, as amended, and Mar.
1, 1911, as amended.
Prior Provisions
Provisions similar to those in this section were contained in the
following prior appropriation acts:
June 28, 1944, ch. 296, 58 Stat. 444.
July 12, 1943, ch. 215, 57 Stat. 412.
July 22, 1942, ch. 516, 56 Stat. 680.
July 1, 1941, ch. 267, 55 Stat. 423.
Amendments
1976--Pub. L. 94-588 inserted provision that beginning Oct. 1, 1976,
the term ``moneys received'' would include all collections under the Act
of June 9, 1930, and all amounts earned or allowed any purchaser of
national forest timber and other forest products within such State as
purchaser credits, for the construction of roads on the National Forest
Transportation System within such national forests or parts thereof in
connection with any Forest Service timber sales contract, and that the
Secretary of Agriculture shall, from time to time as he goes through his
process of developing the budget revenue estimates, make available to
the States his current projections of revenues and payments estimated to
be made under the Act of May 23, 1908, as amended, or any other special
Acts making payments in lieu of taxes, for their use for local budget
planning purposes.
1950--Act Apr. 24, 1950, struck out second proviso relating to
limitation paid county.
1944--Act Sept. 21, 1944, inserted sentence relating to stumpage
value of the timber.
1914--Act June 30, 1914, changed per centum to be paid to each State
from five to twenty-five.
Short Title of 2000 Amendment
Pub. L. 106-393, Sec. 1(a), Oct. 30, 2000, 114 Stat. 1607, provided
that: ``This Act [amending section 191 of Title 30, Mineral Lands and
Mining, and section 6903 of Title 31, Money and Finance, enacting
provisions set out as notes under this section and sections 181 and 191
of Title 30, and repealing provisions set out as notes under this
section and section 1181f of Title 43, Public Lands] may be cited as the
`Secure Rural Schools and Community Self-Determination Act of 2000'.''
Savings Provision
Provisions of Federal Land Policy and Management Act of 1976, Pub.
L. 94-579, Oct. 21, 1976, 90 Stat. 2743, not to be construed as
affecting the distribution of livestock grazing revenues to local
governments under this section, see section 701(j) of Pub. L. 94-579,
set out as a note under section 1701 of Title 43, Public Lands.
Secure Rural Schools and Community Self-Determination
Pub. L. 107-76, title VII, Sec. 751, Nov. 28, 2001, 115 Stat. 739,
provided that:
``(a) Temporary Use of Existing Payments to States Table.--
Notwithstanding section 101(a)(1) of the Secure Rural Schools and
Community Self-Determination Act of 2000 (Public Law 106-393; 16 U.S.C.
500 note), for the purpose of making the fiscal year 2001 payments under
section 102 of such Act [set out in a note below] to eligible States and
eligible counties, the full payment amount for each eligible State and
eligible county shall be deemed to be equal to the full payment amount
calculated for that eligible State or eligible county in the Forest
Service document entitled `P.L. 106-393, Secure Rural Schools and
Community Self-Determination Act' and dated July 31, 2001, subject to
the adjustment required by section 101(b) of such Act.
``(b) Revision of Table.--For the purpose of making payments under
section 102 of such Act [set out in a note below] to eligible States and
eligible counties for fiscal years 2002 through 2006, as required by
section 101(a)(1) of such Act, the Secretary of Agriculture shall revise
the table referred to in subsection (a) to accurately reflect, to the
maximum extent practicable, each eligible State's and eligible county's
historic share of the 25-percent payments and safety net payments made
for the fiscal years of the eligibility period.
``(c) Reporting Requirement.--Not later than March 1, 2002, the
Secretary of Agriculture shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Agriculture of the
House of Representatives a report containing the revisions made to the
table referred to in subsection (a), as required by subsection (b).
``(d) Additional Eligible County Election.--Notwithstanding section
102(b)(2) of such Act [set out in a note below], if the revision
pursuant to subsection (b) of the table referred to in subsection (a)
results in a reduced full payment amount for an eligible county that
elected under section 102(b) of such Act to receive the full payment
amount, the eligible county shall have a 90-day period, beginning on the
date the revised table is first available to the public, during which to
reconsider and change its election. The eligible county shall notify the
Secretary of Agriculture of any change in its election before the end of
such period. If an eligible county elects under this subsection to
receive the 25-percent payment in place of the full payment amount, the
election shall be effective for 1 year.
``(e) Treatment of Certain Mineral Leasing Receipts.--(1) An
eligible county that elects under section 102(b) of such Act [set out in
a note below] to receive its share of an eligible State's full payment
amount shall continue to receive its share of any payments made to that
State from a lease for mineral resources issued by the Secretary of the
Interior under the last paragraph under the heading `forest service.' in
the Act of March 4, 1917 (Chapter 179; 16 U.S.C. 520).
``(2) [Amended section 355(b) of Title 30, Mineral Lands and
Mining.]
``(f) Definitions.--In this section, the terms `eligible State',
`eligible county', `eligibility period', `full payment amount', `25-
percent payment', and `safety net payments' have the meanings given such
terms in section 3 of such Act [set out in a note below], and the term
`such Act' means the Secure Rural Schools and Community Self-
Determination Act of 2000 (Public Law 106-393; 16 U.S.C. 500 note) [see
Tables for classification].''
Pub. L. 106-393, Secs. 2, 3, Oct. 30, 2000, 114 Stat. 1608, 1609,
provided that:
``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 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 [Pub. L.
103-66, see Tables for classification], 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 [see Short Title of 2000
Amendment note above] 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.
``SEC. 3. DEFINITIONS.
``In this Act [see Short Title of 2000 Amendment note above]:
``(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 [7 U.S.C. 1000 et seq.]); 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; [former]
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 [Oct. 30,
2000] 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 [set out in a note below].
``(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; [former] 16 U.S.C. 500 note; [former] 43
U.S.C. 1181f note).''
Pub. L. 106-393, titles I-IV, Oct. 30, 2000, 114 Stat. 1611-1623,
provided that:
``TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING
FEDERAL LANDS
``SEC. 101. DETERMINATION OF FULL PAYMENT AMOUNT FOR ELIGIBLE STATES AND
COUNTIES.
``(a) Calculation Required.--
``(1) Eligible states.--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.
``SEC. 102. PAYMENTS TO STATES FROM NATIONAL FOREST SYSTEM LANDS FOR USE
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) [set out in a note
above] 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.
``SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU OF LAND MANAGEMENT LANDS
FOR 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) [43 U.S.C. 1181a et seq.], or the Act of May 24,
1939 (43 U.S.C. 1181f-1) [43 U.S.C. 1181f-1 et seq.] 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) [set out in a note above] 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.
``TITLE II--SPECIAL PROJECTS ON FEDERAL LANDS
``SEC. 201. DEFINITIONS.
``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) [set out in a note above] 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).
``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.
``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.
``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.
``(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 [see Short Title of 2000
Amendment note above].
``(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) [set out in a note above].
``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 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.
``SEC. 205. RESOURCE ADVISORY COMMITTEES.
``(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 [see Short Title of 2000
Amendment note above].
``(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 [Oct. 30,
2000].
``(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.
``SEC. 206. USE OF PROJECT FUNDS.
``(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.
``SEC. 207. AVAILABILITY OF PROJECT FUNDS.
``(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
[see Short Title of 2000 Amendment note above] 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.
``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
September 30, 2007, shall be deposited in the Treasury of the United
States.
``TITLE III--COUNTY PROJECTS
``SEC. 301. DEFINITIONS.
``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.
``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 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).
``SEC. 303. TERMINATION OF AUTHORITY.
``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).
``TITLE IV--MISCELLANEOUS PROVISIONS
``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
``There are hereby authorized to be appropriated such sums as may be
necessary to carry out this Act [see Short Title of 2000 Amendment note
above] for fiscal years 2001 through 2006.
``SEC. 402. TREATMENT OF FUNDS AND REVENUES.
``(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.
``SEC. 403. REGULATIONS.
``The Secretaries concerned may jointly issue regulations to carry
out the purposes of this Act [see Short Title of 2000 Amendment note
above].
``SEC. 404. CONFORMING AMENDMENTS.
``[Repealed section 13982 of Pub. L. 103-66, which was set out as a
note below, and section 13983 of Pub. L. 103-66, which was set out as a
note under section 1181f of Title 43, Public Lands.]''
Advisory Committee on Forest Counties Payments
Pub. L. 106-291, title III, Sec. 320, Oct. 11, 2000, 114 Stat. 990,
provided that:
``(a) Definitions.--In this section:
``(1) Advisory committee.--The term `Advisory Committee' means
the Forest Counties Payments Committee established by this section.
``(2) Committees of jurisdiction.--The term `committees of
jurisdiction' means the Committee on Agriculture, the Committee on
Resources, and the Committee on Appropriations of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry, the Committee on Energy and Natural Resources, and the
Committee on Appropriations of the Senate.
``(3) Eligible county.--The term `eligible county' means a
county that, for one or more of the fiscal years 1986 through 1999,
received--
``(A) a payment under title II of the Act of August 28, 1937
(chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), or the Act of May
24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et seq.);
or
``(B) a portion of an eligible State's payment, as described
in paragraph (4).
``(4) Eligible state.--The term `eligible State' means a State
that, for one or more of the fiscal years 1986 through 1999,
received a payment under the sixth paragraph under the heading of
`FOREST SERVICE' in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C.
500), or section 13 of the Act of March 1, 1911 (36 Stat. 963; 16
U.S.C. 500).
``(5) Federal lands.--The term `Federal lands' means the
following:
``(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).
``(B) Such portions of the Oregon and California Railroad
grant lands revested in the United States by the Act of June 9,
1916 (chapter 137; 39 Stat. 218), and the Coos Bay Wagon Road
grant lands reconveyed to the United States by the Act of
February 26, 1919 (chapter 47; 40 Stat. 1179), as are or may
hereafter come under the jurisdiction of the Secretary 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.
``(6) Sustainable forestry.--The term `sustainable forestry'
means the practice of meeting the forest resource needs and values
of the present without compromising the similar capability of future
generations.
``(b) Establishment of Advisory Committee.--
``(1) Establishment required.--There is hereby established an
advisory committee, to be known as the Forest Counties Payments
Committee, to develop recommendations, consistent with sustainable
forestry, regarding methods to ensure that States and counties in
which Federal lands are situated receive adequate Federal payments
to be used for the benefit of public education and other public
purposes.
``(2) Members.--The Advisory Committee shall be composed of the
following members:
``(A) The Chief of the Forest Service, or a designee of the
Chief who has significant expertise in sustainable forestry.
``(B) The Director of the Bureau of Land Management, or a
designee of the Director who has significant expertise in
sustainable forestry.
``(C) The Director of the Office of Management and Budget,
or the Director's designee.
``(D) Two members who are elected members of the governing
branches of eligible counties; one such member to be appointed
by the President pro tempore of the Senate (in consultation with
the chairmen and ranking members of the committees of
jurisdiction of the Senate) and one such member to be appointed
by the Speaker of the House of Representatives (in consultation
with the chairmen and ranking members of the committees of
jurisdiction of the House of Representatives) within 60 days of
the date of the enactment of this Act [Oct. 11, 2000].
``(E) Two members who are elected members of school boards
for, superintendents from, or teachers employed by, school
districts in eligible counties; one such member to be appointed
by the President pro tempore of the Senate (in consultation with
the chairmen and ranking members of the committees of
jurisdiction of the Senate) and one such member to be appointed
by the Speaker of the House of Representatives (in consultation
with the chairmen and ranking members of the committees of
jurisdiction of the House of Representatives) within 60 days of
the date of the enactment of this Act [Oct. 11, 2000].
``(3) Geographic representation.--In making appointments under
subparagraphs (D) and (E) of paragraph (2), the President pro
tempore of the Senate and the Speaker of the House of
Representatives shall seek to ensure that the Advisory Committee
members are selected from geographically diverse locations.
``(4) Organization of advisory committee.--
``(A) Chairperson.--The Chairperson of the Advisory
Committee shall be selected from among the members appointed
pursuant to subparagraphs (D) and (E) of paragraph (2).
``(B) Vacancies.--Any vacancy in the membership of the
Advisory Committee shall be filled in the same manner as
required by paragraph (2). A vacancy shall not impair the
authority of the remaining members to perform the functions of
the Advisory Committee under this section.
``(C) Compensation.--The members of the Advisory Committee
who are not officers or employees of the United States, while
attending meetings or other events held by the Advisory
Committee or at which the members serve as representatives of
the Advisory Committee or while otherwise serving at the request
of the Chairperson of the Advisory Committee, shall each be
entitled to receive compensation at a rate not in excess of the
maximum rate of pay for grade GS-15, as provided in the General
Schedule, including traveltime, and while away from their homes
or regular places of business, shall each be reimbursed for
travel expenses, including per diem in lieu of subsistence as
authorized by section 5703 of title 5, United States Code, for
persons in Government service employed intermittently.
``(5) Staff and rules.--
``(A) Executive director.--The Advisory Committee shall have
an Executive Director, who shall be appointed by the Advisory
Committee and serve at the pleasure of the Advisory Committee.
The Executive Director shall report to the Advisory Committee
and assume such duties as the Advisory Committee may assign. The
Executive Director shall be paid at a rate not in excess of the
maximum rate of pay for grade GS-15, as provided in the General
Schedule.
``(B) Other staff.--In addition to authority to appoint
personnel subject to the provisions of title 5, United States
Code, governing appointments to the competitive service, and to
pay such personnel in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, the Advisory
Committee shall have authority to enter into contracts with
private or public organizations which may furnish the Advisory
Committee with such administrative and technical personnel as
may be necessary to carry out the functions of the Advisory
Committee under this section. To the extent practicable, such
administrative and technical personnel, and other necessary
support services, shall be provided for the Advisory Committee
by the Chief of the Forest Service and the Director of the
Bureau of Land Management.
``(C) Committee rules.--The Advisory Committee may establish
such procedural and administrative rules as are necessary for
the performance of its functions under this section.
``(6) Federal agency cooperation.--The heads of the departments,
agencies, and instrumentalities of the executive branch of the
Federal Government shall cooperate with the Advisory Committee in
the performance of its functions under this section and should
furnish, as practicable, to the Advisory Committee information which
the Advisory Committee deems necessary to carry out such functions.
``(c) Functions of Advisory Committee.--
``(1) Development of recommendations.--
``(A) In general.--The Advisory Committee shall develop
recommendations for policy or legislative initiatives (or both)
regarding alternatives for, or substitutes to, the payments
required to be made to eligible States and eligible counties
under the provisions of law referred to in paragraphs (3) and
(4) of subsection (a) in order to provide a long-term method to
generate annual payments to eligible States and eligible
counties.
``(B) Reporting requirements.--Not later than 18 months
after the date of the enactment of this Act [Oct. 11, 2000], the
Advisory Committee shall submit to the committees of
jurisdiction a final report containing the recommendations
developed under this subsection. The Advisory Committee shall
submit semiannual progress reports on its activities and
expenditures to the committees of jurisdiction until the final
report has been submitted.
``(2) Guidance for committee.--In developing the recommendations
required by paragraph (1), the Advisory Committee shall--
``(A) evaluate the method by which payments are made to
eligible States and eligible counties under the provisions of
law referred to in paragraphs (3) and (4) of subsection (a), and
related laws, and the use of such payments;
``(B) consider the impact on eligible States and eligible
counties of revenues derived from the historic multiple use of
the Federal lands;
``(C) evaluate the economic, environmental, and social
benefits which accrue to counties containing Federal lands,
including recreation, natural resources industries, and the
value of environmental services that result from Federal lands;
and
``(D) evaluate the expenditures by counties on activities on
Federal lands which are Federal responsibilities.
``(3) Monitoring and related reporting activities.--The Advisory
Committee shall monitor the payments made to eligible States and
eligible counties under the provisions of law referred to in
paragraphs (3) and (4) of subsection (a), and related laws, and
submit to the committees of jurisdiction an annual report describing
the amounts and sources of such payments and containing such
comments as the Advisory Committee may have regarding such payments.
``(4) Testimony.--The Advisory Committee shall make itself
available for testimony or comments on the reports required to be
submitted by the Advisory Committee and on any legislation or
regulations to implement any recommendations made in such reports in
any congressional hearings or any rulemaking or other administrative
decision process.
``(d) Federal Advisory Committee Act Requirements.--The provisions
of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the
Advisory Committee.
``(e) Termination of Advisory Committee.--The Advisory Committee
shall terminate three years after the date of the enactment of this Act
[Oct. 11, 2000].
``(f) Funding Source.--At the request of the Executive Director of
the Advisory Committee, the Secretary of Agriculture shall provide funds
from any account available to the Secretary, not to exceed $200,000 in
fiscal year 2001, for the work of the Advisory Committee necessary to
meet the requirements of this section.''
Sharing of Forest Service Timber Sale Receipts
Pub. L. 103-66, title XIII, Sec. 13982, Aug. 10, 1993, 107 Stat.
681, as amended by Pub. L. 103-443, Sec. 1(a), Nov. 2, 1994, 108 Stat.
4631, which related to the amount of payments for each fiscal year from
1994 through 2003 that the Secretary of the Treasury was to make, in
lieu of making the 25-percent payments to States, for the benefit of
counties eligible to receive the 25-percent payments to States, was
repealed by Pub. L. 106-393, title IV, Sec. 404, Oct. 30, 2000, 114
Stat. 1623.
Distribution of Moneys Received From Timber Salvage Sales Program
Pub. L. 102-381, title II, Oct. 5, 1992, 106 Stat. 1401, provided:
``That notwithstanding any other provision of law, moneys received from
the timber salvage sales program in fiscal year 1993 and subsequent
fiscal years shall be considered as money received for purposes of
computing and distributing 25 per centum payments to local governments
under 16 U.S.C. 500, as amended.''
Similar provisions were contained in the following appropriations
act:
Pub. L. 103-138, title II, Nov. 11, 1993, 107 Stat. 1402.
Section Referred to in Other Sections
This section is referred to in sections 90d, 253, 460p-2, 460bbb-10,
460lll-12, 472a, 508b, 535a, 544l, 577g, 577g-1, 580k, 698v-4, 1683 of
this title; title 7 section 6617; title 31 section 6903.
