Secure Rural Schools and Community Self-Determination 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 Secure Rural Schools Act www.fs.fed.us/srs

3. Act of May 23, 190825% 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 Secure 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 Secure Rural Schools Act www.fs.fed.us/srs

5. 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 Legislative History Secure 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 Secure 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 Secure 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? Secure 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 Secure 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 Secure 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 Secure 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. Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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 Secure 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. Secure Rural Schools Act www.fs.fed.us/srs

29. Title II – RAC Purposes • Improve collaboration • Provide advice to Forest Service Secure 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 Secure 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 Secure 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 Secure 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. Secure 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. Secure 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. Secure 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 Secure 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 Secure 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 Secure 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 Secure 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_rural_schools.nsf • Linked to the current Secure Rural Schools website and old payment to states websites Secure 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/DR1041-001.htm Secure 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. Secure 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) Secure 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 Secure 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 Secure 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 Secure Rural Schools Act www.fs.fed.us/srs