1. Secure Rural Schools and Community Self-Determination Act US Forest Service March 2009

2. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 8 Title I -- Election Counties have many decision to make… 25% payment, OR share in the State Payment?

9. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 13 Title I – State Payment Formula Specific definitions; complex formula determines each county’s 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 16 Special Acts Certain laws such as those establishing the Boundary Waters affect the calculation of payments

17. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 29 Title II – RAC Purposes Improve collaboration Provide advice to Forest Service

30. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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_rura l_schools.nsfhttps://wwwnotes.fs.fed.us/wo/secure_rura l_schools.nsf Linked to the current Secure Rural Schools website and old payment to states websites

41. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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/DR 1041-001.htm

42. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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. March 6, 2009Secure Rural Schools Act www.fs.fed.us/srs 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