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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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Title I -- Election
Counties have many decision to make…
• 25% payment, OR share in the State Payment?
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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.
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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Special Acts
Certain laws such as those establishing the Boundary Waters affect the calculation of payments
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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Title II – Special Projects
At least 50% of title II funds are for
• road maintenance, decommissioning or obliteration
• restoration of streams and watersheds
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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.
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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.
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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.
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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.
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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.
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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)
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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
March 6, 2009 Secure Rural Schools Actwww.fs.fed.us/srs
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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