secure rural schools and community self-determination act us forest service march 2009

Secure Rural Schools and Community Self-Determination

ActUS Forest Service

March 2009

March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs

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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


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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


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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


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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


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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


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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


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Title I -- Election

Counties have many decision to make…

• 25% payment, OR share in the State Payment?


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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


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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


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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


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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.


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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


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Title I – State Payment Formula

• “Full funding” amount declines each year:

• 2008 $500 million

• 2009 $450 million

• 2010 $405 million

• 2011 $364.5 million


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Title I – Transition Payments

Certain “covered states” receive transition payments for 2008, 2009, 2010

• California• Oregon• Washington• Louisiana• Pennsylvania• South Carolina• South Dakota• Texas


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Special Acts

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


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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


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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


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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 countiesAdditional $52 million for title II projects• 306 counties in 31 states • 108 national forests• 120 resource advisory committees


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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


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• 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


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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


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• 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


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At least 50% of title II funds are for

• road maintenance, decommissioning or obliteration

• restoration of streams and watersheds


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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


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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


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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


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• 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.


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Title II – RAC Purposes

• Improve collaboration

• Provide advice to Forest Service


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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


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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


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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


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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.


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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.


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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.


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• 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


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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


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• 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


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• 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


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• 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

https://wwwnotes.fs.fed.us/wo/secure_rural_schools.nsf




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RAC operations must conform to the Federal Advisory Committee Act

See USDA Directive 1041.001

www.ocio.usda.gov/directives/doc/DR1041-001.htm


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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.


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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)


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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


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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


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Secure Rural Schools Act

Secure Rural Schools website

• www.fs.fed.us/srs

Rescoure advisory committee website


http://www.fs.fed.us/srs




secure rural schools and community self-determination act us forest service march 2009

Documents

act title

secure rural schools

roads title

andor title

unchanged title

expenditure of title

county schools

purposes of act