Secure Rural Schools and Community SelfDetermination Act

1
Secure Rural Schools and Community
Self-Determination Act

• US Forest Service
• March 2009

2
Purposes of Act

• Stabilize and transition payments to county
  schools and roads
• Invest in the land and create employment
  opportunities
• Improve cooperative relationships among the
  people that use and care for Federal lands

3
Act of May 23, 1908 25 payment

• Share national forest receipts from
• Timber
• Grazing
• Land use
• Recreation special uses user fees
• Minerals including oil, gas, coal
• Declined in recent decades fluctuate widely

4
Secure Rural Schools and Community
Self-Determination Act

• Also based on and funded by national forest
  receipts
• Includes provisions to stabilize and transition
  payments
• Some funding from Treasury

5
Legislative History

• October 30, 2000
• Secure Rural School and Community
  Self-Determination Act of 2000
• Public Law 106-393
• 5 years
• End Sept. 30, 2006

• May 17, 2007
• Emergency Supplemental Appropriations, Section
  5401
• Extend PL 106-393
• 1 year
• End Sept. 30, 2007

6
2008 Reauthorization

• Public Law 110-343
• Title I differs significantly from previous act
• Four years
• New formula
• Transition payments for certain states
• Title II largely unchanged
• Title III significantly narrowed uses of funds

7
Overview of the Act

• Title I Secure payments for states and counties
  containing federal land to help fund schools and
  roads
• Title II Special projects on federal land
• Title III County funds for specific purposes
• Title IV Miscellaneous provisions including new
  calculation for 25 payment

8
Title I -- Election

• Counties have many decision to make
• 25 payment, OR share in the State Payment?

9
Title I -- Election

• Electing 25 payment is a 2 year decision. New
  election will be made by August 1, 2010
• Electing State payment is a 4 year decision

10
Title I -- Election

• Not less than 80 and not more than 85 of the
  State payment must be expended in same manner as
  25 payment
• (For convenience call these title I funds)
• Distribution and expenditure of title I and 25
  funds is governed by individual state statutes
  for funding schools and roads

11
Title I -- Allocations

• If projected share is less than 100,000 county
  can leave it all in title I, OR may allocate 15
  to 20 to title II and/or title III.
• If projected share is 100,000 or greater county
  must allocate 15 to 20 to title II and/or title
  III, OR return the funds to U.S. Treasury

12
Title I -- Allocations

• If projected share is 350,000 or greater county
  must allocate 15 to 20 to title II and/or up to
  7 title III, OR return the remaining funds to
  U.S. Treasury
• Allocations are made by September 30 each year
  for the coming fiscal year.

13
Title I State Payment Formula

• Specific definitions complex formula determines
  each countys share of the full funding amount
• Formula factors for each county
• Acres of national forest land in county
• Average high 3 years 25 payment between 1986 and
  1999
• Per capita personal income

14
Title I State Payment Formula

• Full funding amount declines each year
• 2008 500 million
• 2009 450 million
• 2010 405 million
• 2011 364.5 million

15
Title I Transition Payments

• Certain covered states receive transition
  payments for 2008, 2009, 2010
• California
• Oregon
• Washington
• Louisiana
• Pennsylvania
• South Carolina
• South Dakota
• Texas

16
Special Acts

• Certain laws such as those establishing the
  Boundary Waters affect the calculation of payments

17
Annual Payment

• Payments generally will be made in December for
  the fiscal year ending September 30.
• Title I and title III funds are paid to states to
  be distributed to counties
• Title II funds are held in a Forest Service
  account to pay for approved projects

18
Use of Funds

• Title II funds unobligated in one fiscal year
  shall be available in the following year.
• Authority to initiate title II and title III
  projects ends September 30, 2011
• Title II and III funds not obligated by September
  30, 2012 shall be returned to U.S.Treasury

19
Fiscal Year 2008 Payment

• January 15, 2009 payments to states
• 477 million (title I and title III)
• 41 states and Puerto Rico
• Redistributed to 729 counties
• Additional 52 million for title II projects
• 306 counties in 31 states
• 108 national forests
• 120 resource advisory committees

20
Title II Special Projects

• On national forests or directly benefit national
  forest lands
• Have broad based support
• Help foster cooperative relationships
• Reviewed and recommended by resource advisory
  committee (RAC)
• Approved by Forest Service

21
Title II Special Projects

• Improve the maintenance of existing
  infrastructure
• Implement stewardship objectives that enhance
  forest ecosystems
• Restore and improve land health and water quality
• Protect, restore and enhance fish and wildlife
  habitat

22
Title II Special Projects

• Approved projects must
• Comply with laws and regulations
• Be consistent with Forest Plan(s)
• Be properly submitted and recommended by RAC
• Meet purposes of the Act and title II

23
Title II Special Projects

• road, trail, and infrastructure maintenance or
  obliteration
• soil productivity improvement
• improvements in forest ecosystem health
• watershed restoration and maintenance
• the restoration, maintenance, and improvement of
  wildlife and fish habitat
• the control of noxious and exotic weeds and
• the re-establishment of native species

24
Title II Special Projects

• At least 50 of title II funds are for
• road maintenance, decommissioning or obliteration
• restoration of streams and watersheds

25
Title II Special Projects

• Projects may be proposed by
• Resource advisory committee
• Counties
• Fire Safe Councils, Firewise communities
• Fish and wildlife interest groups
• Other national forest stakeholders
• Forest Service

26
Title II Special Projects

• Implemented thru cooperative agreements
• federal agencies
• state and local governments
• private and nonprofit agencies
• landowners
• Or be implemented by
• Contractor or by Forest Service personnel

27
Title II Special Projects

• The Secretary (Forest Service) has sole
  discretion to approve project
• Disapprovals are not subject to appeal or
  judicial review
• RAC will be notified of disapproval within 30
  days with explanation

28
Title II Special Projects

• RACs should act quickly to recommend projects for
  FY 2008 funds
• By end of this year RACs may begin recommending
  projects using the FY 2009 funds.

29
Title II RAC Purposes

• Improve collaboration
• Provide advice to Forest Service

30
Title II RAC Formation

• RACs are organized and formed to advise the
  National Forest
• The Secretary may establish resource advisory
  committees for part of, or for one or more
  national forests
• Projects recommended by the RAC must be approved
  by the Forest Service

31
Title II RAC Duties

• Review projects proposed by others
• Propose projects and funding
• Coordinate with the Designated Federal Official
  (DFO)
• Encourage public participation
• Monitor projects
• Recommend changes based on monitoring

32
Title II RAC Membership

• 15 members appointed by the Secretary of
  Agriculture.
• Include local representation
• Residents of state(s) in which RAC has
  jurisdiction
• Balanced and broad representation within three
  categories specified in the Act

33
Title II RAC Membership

• Category A 5 persons representing--
• (i) organized labor or non-timber forest product
  harvester groups
• (ii) developed outdoor recreation, off highway
  vehicle users, or commercial recreation
  activities
• (iii) (I) energy and mineral development
  interests or (II) commercial or recreational
  fishing interests
• (iv) commercial timber industry or
• (v) hold Federal grazing or other land use
  permits, or represent nonindustrial private
  forest land owners, within the area for which the
  committee is organized.

34
Title II RAC Membership

• Category B 5 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, wildlife or
  hunting organizations, or watershed associations.

35
Title II RAC Membership

• Category C 5 persons that--
• (i) hold State elected office (or a 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.

36
Title II RAC Membership

• One replacement member will be appointed for each
  of the 3 categories
• Members serve a 4 year term
• Members will not receive compensation
• Forest Service, if funds are available, may
  reimburse members for travel related expenses

37
Title II RAC Operations

• Each RAC is included on a charter approved by the
  Secretary of Agriculture
• Each RAC may develop and maintain its own by-laws
  or operating principles consistent with the Act
  and charter
• RAC members will select a chairperson
• A quorum is required for meetings
• A majority is required for project approval

38
Title II RAC Operations

• Meetings are open to the public
• Publish meetings at least 15 days in advance in
  Federal Register
• Publicize meetings at least 7 days in advance in
  local newspaper of record
• RAC shall maintain meeting records

39
Title II RAC Operations

• Designated Federal Official (DFO) from Forest
  Service will work with the RAC
• Forest Service may provide additional staff
  support
• Forest Service may request RAC to agree to use
  title II funds for environmental review of a
  project

40
Title II RAC Operations

• Specific website and accompanying data base to
  facilitate title II and RAC operations
• https//wwwnotes.fs.fed.us/wo/secure_rural_schools
  .nsf
• Linked to the current Secure Rural Schools
  website and old payment to states websites

41
Title II RAC Operations

• RAC operations must conform to the Federal
  Advisory Committee Act
• See USDA Directive 1041.001
• www.ocio.usda.gov/directives/doc/DR1041-001.htm

42
Title III County Funds

• Reauthorized Act changes title III
• Narrows the activities eligible for funding
• Adds a certification requirement
• Requires county to return unobligated funds by
  September 30, 2012, to U.S.Treasury.

43
Title III County Funds

• Funds may be used only for 3 purposes
• Firewise Communities program
• Reimbusement for emergency services on federal
  land paid for by the county
• Develop community wildfire protection plans
  (CWPPs)

44
Title III County Funds

• County must
• Publish proposed use of title III funds in
  newspaper of record
• Provide a 45-day public comment period
• Notify the appropriate RAC(s) of its proposed use
  of title III funds
• Certify authorized use of funds to Secretary by
  February 1 each year

45
Title IV Calculating 25 Payment

• The Act amends the 1908 law to calculate 25
  payments 7 year rolling average of receipts
• This formula will continue after the Secure Rural
  Schools Act expires

46
Secure Rural Schools Act

• Secure Rural Schools website
• www.fs.fed.us/srs
• Rescoure advisory committee website
• https//wwwnotes.fs.fed.us/wo/secure_rural_schools
  .nsf